With the Cyber Intelligence Sharing and Protection Act (CISPA), we're in a political tug-of-war over who should lead the security of our digital borders: should it be a civilian organization such as the Department of Homeland Security (DHS), or a military organization such as the Department of Defense (DoD)? I want to suggest a third option that government need not be involved--a solution that would avoid very difficult issues related to international humanitarian law (IHL) and therefore reduce the risk of an accidental cyberwar or worse. This option models itself on the (admittedly controversial) "Stand Your Ground" law that's rooted in our basic right to self-defense, and it authorizes counter-cyberattacks by private companies, which have been the main victims of harmful cyberactivities by foreign actors to date.
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