No, Executing Offensive Actions Against Our Adversaries Really Does Have High Risk (Deal With It)

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.