David Kessler Discusses U.S. Government’s New Public-Private Cybercrime Enforcement Program in Cybersecurity and AI Law Report

Litigation partner David Kessler was quoted in a Cybersecurity and AI Law Report article, “Federal-Private Sector Partnership May Bolster the War on Cybercrime,” which examines a recent National Security Presidential Memorandum that established a new program through which private-sector companies can conduct some offensive cyber operations to help combat cybercrime by transnational criminal organizations. In the piece, published on September 23, David discusses novel legal and practical considerations for companies evaluating participation in the program based on the information so far provided by the U.S. government, including constitutional questions that may arise if participating companies are viewed as acting on behalf of the government and contractual provisions that companies may want to consider including in participation agreements with the DOJ.

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