• Cyber-attackers have no fear of retaliation, risk or viable legal proceedings.
• There is no U.S. Government legal doctrine to counter cyber-attacks on U.S. industries, governments and citizens.
• The U.S. Government does not have the cyber capacity to protect U.S. industries.
The U.S. Congress should create a newly crafted Cyber-Castle Doctrine legislation for a legal framework for U.S. industries to actively protect themselves against cyber-attacks by
• retrieving lost data, plus
• destroying or damaging the cyber-attackers’ software and hardware.
Congressional Legal Intent:
1. Legally authorizes U.S. industry’s cyber protection and counter attack for domestic and international cyber-attacks.
2. Authorizes retrieval of data and destruction of cyber attacker’s software and hardware assets.
3. Describes cyber offenses for which legal counter cyber actions are appropriate and approved.
4. Restrictions on time, manner, place, or amount of authorized counter cyber actions.
5. Requires U.S. businesses to report counter cyber actions to appropriate Federal Agency
Legal Precedence: The legal precedence for a physical Castle Doctrine starts with the Roman Republic and is clearly used by 38 U.S.A. States and 7 developed Nations. The Castle Doctrine allows under certain circumstances for a person to use force (up to and including deadly force) to defend himself or herself against an intruder. A new U.S.A. Cyber-Castle Doctrine would allow self-protection in the new cyber technology for business, government and individuals.
Cost: Cyber-Castle Doctrine legislation will have zero cost to the U.S. Government. U.S. Industries will incur expenses for self-defense measured authorized by Cyber-Castle Doctrine
Risk/Vulnerability: The cyber-attackers currently have extremely minimal risk of discovery or vulnerability no matter how many times they attack because U.S. companies must be legally passive targets. The U.S. Government would put the World on notice that there is a risk to cyber-attacks upon U.S. industries or governments.
Technology: There is no current cyber counter attack software available to U.S. Industries but, once freed, U.S. Information Technology businesses (e.g. Silicon Valley) would have a viable product within months due to the huge free market demand.