In the latest Distilling Cyber Policy podcast, Alex Botting and Jen Ellis from the Center for Cybersecurity Policy & Law are joined by guests, Stacy O’Mara, Senior Director of Venable and Leonard Bailey, former Head of the Cybersecurity Unit in the Computer Crime and Intellectual Property Section (CCIPS) and Special Counsel for National Security in the DOJ’s Criminal Division.

From shifting global norms to the rising pressure for stronger deterrence, our guests break down why offensive capabilities are back in the spotlight and what it means for national security. They dig into the debate over whether these operations should remain strictly government-run or if there’s ever a world where the private sector plays a significant role. They also break down the risks, the misconceptions, and the practical challenges that keep the “hack back” debate alive, including concerns about misattribution, escalation, and potential interference with intelligence or law enforcement operations.

Interview:

• Pall Mall Process Industry Code of Practice (due Dec. 22)
• Computer Fraud and Abuse Act (CFAA)

News:

• India Orders Smartphones Makers to Preload State-Owned Cyber Safety App
• CISA, Australia, and Part and Partners Author Joint Guidance on Securely Integrating Artificial Intelligence in Operational Technology

Community Corner:

• Carveout for Security Research in Portugal's NIS2