Internet Hacking Back: Examining Whether it is the Ideal Self-Defense in Cyberspace

Abstract

This research explores the issue of hacking back to illustrate two major aspects of hacking back and the importance of differentiating between cybercrime, cyber warfare and cyberterrorism. The issue of the nation state is discussed, particularly that some states, such as China and the US, have different approaches to hacking. The Tallinn Manual has rules and regulations for organising and regulating nation states regarding cyberconflict and cyber warfare. The serious issue of cyber espionage is discussed, including its potential for a new form of war. However, some scholars have argued that nation states and cyber warfare do not have the potential to amount to a full-scale war. The real danger is that public and private networks could be linked, which could lead to cyberattacks on nations or businesses. The second part is focused on cybersecurity of commercial companies and whether hacking back at the attacker is the best solution to being hacked. Moreover, discussed are The Computer Misuses Act, the Saudi Anti-Cyber Crime Law and the US proposal for hacking back. In addition, it discusses the opposite argument regarding how hacking back is a way of self-defence. Finally, some alternative solutions to hacking back are considered, such as insurance and management plans.