On Jan. 2nd, 2012, the Times of India reported on a new virus being manufactured in Japan. According to the article, Japanese technology maker Fujitsu Ltd. is developing the virus to counteract other cyberattacks. The virus would "track the source of the cyber attack and neutralize the program."
The article also mentioned that the Japanese will have to make legal amendments to both use and manufacture the virus.
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This is an interesting virus. Similar programs have existed for a while (the US has them), but I'm more interested in the legal approach to the use of the virus. The article mentioned that the virus would allow for attribution and reprisal. That sounds like hack-back. Hack-back is exactly what it sounds like . . . a company or individual tracing and hacking into the source of a cyberattack directed against them. However, hack-back raises a slew of legal problems, including questions of proportionality and attribution. This virus was likely developed as a counter to cyberattacks originating from outside Japan, so the virus would allow for the Japanese to track down and attack what are likely foreign servers. I'm interested to see what the legal authority that grants that power will look like.
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