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This is a response to a CSO Online blog post by Jeff Bardin ("Caution: Not Executing Offensive Actions Against Our Adversaries is High Risk," November 2012.), which is a rebuttal to a blog post by Jody Westby on Forbes online (“Caution: Active Response to Cyber Attacks Has High Risk.”) Mr. Bardin is obviously playing on words in the title and I seriously doubt he believes that it is higher risk to not take aggressive actions than is to do so. His post does not contain a reasoned proposal for how to change or work within existing legal and ethical norms to allow aggressive actions directed at computer network attackers. It is instead a strident endorsement of a vaguely defined "new approach" of counter-attack using simplistic arguments based on emotion and a desire for retribution (an unethical position to take), lacking sufficient discussion of appropriate "rules of engagement," principle-based ethical justifications of any type beyond basic "right of self-defense" arguments, and including no oversight mechanisms to minimize the potential for abuse or collateral damage. This response is quite long, including not only Mr. Bardin's own words for context but also many references to materials apropos to the topic that Mr. Bardin does not provide in his post.
Mr. Bardin's blog post illustrates some of the problems with discussion of this topic that I have seen over and over since the first workshops I attended or lead on this topic in Seattle's Agora security group from 2001 to 2004. I have been studying and discussing these issues for over a decade and have seen the same simplistic arguments repeated in nearly every discussion. Useful analogies in this realm are really hard to find and almost always fail. Part of the problem stems from non-technical people trying to discuss extremely technical and complex issues of computer network attack and defense, combined with rushing to simple "self defense" analogies and appeals to emotion, suggesting we have to do something, anything, to get satisfaction. Frequently left out is any meaningful discussion of ethics, "rules of engagement," responsibility, or accountability.
If my response here comes across as vehement opposition, it is not intended that way. If anything, it shares Mr. Bardin's frustration that we have gotten to the point where intrusions are so widespread and pervasive, but we differ in explaining why and in proposing a viable path forward.