Consider the casebook at pp. 141-44 (self-help by hacking back) and note 5 ([sec-ondary liability: making ISP’s liable for criminal acts of users; or making some users liable for their negligence causing harm to others on the network).
Would you say that either one of these (authorizing hack-back, or making persons other than the pirate liable) is a good idea? Can you think of undesired consequences (costs) that might follow? Would the benefits of either of these ideas outweigh the costs?
source- . The “Casebook”: ORIN KERR, COMPUTER CRIME LAW, West (fourth edition, 2018) ISBN: ISBN-13: 978-1-634-59899-6. (there is an e-book version available)
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