I don’t have time to do any sort of summary, but I wanted to call your attention to a very good article written by Alexei Alexis for Bloomberg BNA on active defense/hackback/counterstriking/whatever you want to call it.
Interestingly, the article suggested that ABA guidance on this issue may be on the way.
Furthermore, “the House Judiciary Subcommittee on Crime, Terrorism, Homeland Security and Investigations explored the need for CFAA changes during a March 13 hearing focused on the investigation and prosecution of 21st century cyber threats.”
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