Tag Archives: hackback

Is “Hackback” Official US Cybersecurity Strategy?

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2026/04/is-hackback-official-us-cybersecurity-strategy.html

The 2026 US “Cyber Strategy for America” document is mostly the same thing we’ve seen out of the White House for over a decade, but with a more aggressive tone.

But one sentence stood out: “We will unleash the private sector by creating incentives to identify and disrupt adversary networks and scale our national capabilities.” This sounds like a call for hackback: giving private companies permission to conduct offensive cyber operations.

The Economist noticed (alternate link) this, too.

I think this is an incredibly dumb idea:

In warfare, the notion of counterattack is extremely powerful. Going after the enemy­—its positions, its supply lines, its factories, its infrastructure—­is an age-old military tactic. But in peacetime, we call it revenge, and consider it dangerous. Anyone accused of a crime deserves a fair trial. The accused has the right to defend himself, to face his accuser, to an attorney, and to be presumed innocent until proven guilty.

Both vigilante counterattacks, and preemptive attacks, fly in the face of these rights. They punish people before who haven’t been found guilty. It’s the same whether it’s an angry lynch mob stringing up a suspect, the MPAA disabling the computer of someone it believes made an illegal copy of a movie, or a corporate security officer launching a denial-of-service attack against someone he believes is targeting his company over the net.

In all of these cases, the attacker could be wrong. This has been true for lynch mobs, and on the internet it’s even harder to know who’s attacking you. Just because my computer looks like the source of an attack doesn’t mean that it is. And even if it is, it might be a zombie controlled by yet another computer; I might be a victim, too. The goal of a government’s legal system is justice; the goal of a vigilante is expediency.

We don’t issue letters of marque on the high seas anymore; we shouldn’t do it in cyberspace.

On Hacking Back

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2025/11/on-hacking-back.html

Former DoJ attorney John Carlin writes about hackback, which he defines thus: “A hack back is a type of cyber response that incorporates a counterattack designed to proactively engage with, disable, or collect evidence about an attacker. Although hack backs can take on various forms, they are—­by definition­—not passive defensive measures.”

His conclusion:

As the law currently stands, specific forms of purely defense measures are authorized so long as they affect only the victim’s system or data.

At the other end of the spectrum, offensive measures that involve accessing or otherwise causing damage or loss to the hacker’s systems are likely prohibited, absent government oversight or authorization. And even then parties should proceed with caution in light of the heightened risks of misattribution, collateral damage, and retaliation.

As for the broad range of other hack back tactics that fall in the middle of active defense and offensive measures, private parties should continue to engage in these tactics only with government oversight or authorization. These measures exist within a legal gray area and would likely benefit from amendments to the CFAA and CISA that clarify and carve out the parameters of authorization for specific self-defense measures. But in the absence of amendments or clarification on the scope of those laws, private actors can seek governmental authorization through an array of channels, whether they be partnering with law enforcement or seeking authorization to engage in more offensive tactics from the courts in connection with private litigation.