Recent news reports state that the National Infrastructure Protection Center of the FBI has warned that escalating friction between the United States and Iraq could lead to cyberattacks between both countries. This follows closely on the heels of reports that President Bush has executed a secret order permitting the U.S. government to promulgate guidelines pursuant to which the Defense Department could launch cyberattacks against computer systems in other countries. While the government is attempting to create a cyberoffensive capability (whether good or bad), individuals certainly should not try to take matters into their own hands as “hacker patriots.” It is difficult to envision how intentionally launched cyberattacks would not result in potential criminal and civil liability under the Computer Fraud and Abuse Act — a statute that was enacted in 1986 and that has been amended over time to address a wide range of nefarious computer crimes. Full Story
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