The Active Cyber Defense Certainty Act (ACDC) amends the Computer Fraud and Abuse Act to Make Limited Retaliatory Strikes Against Cyber-miscreants Legal in America

The Active Cyber Defense Certainty Act (ACDC) amends the Computer Fraud and Abuse Act to make limited retaliatory strikes against cyber-miscreants legal in America for the first time. The bill would allow hacked organizations to venture outside their networks to identify an intruder and infiltrate their systems, destroy any data that had been stolen, and deploy “beaconing technology” to trace the physical location of the attacker.

A BILL To amend title 18, United States Code, to provide a defense to prosecution for fraud and related activity in connection with computers for persons defending against unauthorized intrusions into their computers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Active Cyber Defense Certainty Act’’.

Congress holds that active cyber defense techniques should only be used by qualified defenders with a high degree of confidence in attribution, and that extreme caution should be taken to avoid impacting intermediary computers or resulting in an escalatory cycle of cyber activity.

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