By Rock Stevens, Jeffrey Biller
The theft of intellectual property and classified data within the cyber domain poses a threat to the global economy and national security. In this paper, we discuss the concept of digital offensive countermeasures that the United States can use to defend its sensitive data and intellectual property, even after stolen data leaves U.S. Government networks. We analyze the plethora of legal and ethical issues involving the various degrees of invasiveness posed by such defenses against both foreign and domestic targets. The lack of established norms surrounding digital offensive countermeasures presents a unique duality in which such defenses may present a viable cyber deterrent for the United States but may also spark our next conflict.
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