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Former Homeland Security and intelligence officials are backing a report from George Washington University that lays out a policy framework, recommending government “certification” of private organizations, for companies to defend against foreign hackers. The report aims to offer concrete policy proposals to address the issue of legalities of private companies defending against notion-state supported cyberattacks, and the federal government’s role in supporting those defenses. Among the various policy recommendations is a call to the Department of Justice to issue guidance to the private sector regarding the legality of active defense as well as a recommendation that the White House’s independent Privacy and Civil Liberties Oversight Board conduct a review to ensure personal information is protected.

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