Chapter 8. Legal Issues

This chapter deals with the legal aspects of defending against DDoS attacks, or pursuing criminal or civil remedies against perpetrators of DDoS attacks. It provides a cursory overview of the subject, and is by no means intended to provide legal advice. It is based on current law existing in the United States; thus, readers in other countries will need to consult their local laws for further guidance.

Because of differences among jurisdictions, especially among countries, all readers are encouraged to consult with a qualified attorney to obtain specific advice regarding situation- and jurisdiction-specific legal options. (All dollar amounts shown are in U.S. dollars.)

That said, the reader can learn much about the practicalities of using the legal system in response to DDoS attacks by examining how the legal system generally functions; the basic processes of discovery, investigation, and prosecution; and civil litigation. Since this process is complex and deliberate, the rate at which a case moves through it can vary depending on how well prepared a party is beforehand. Knowing what to expect and some of the proper things to do may improve the party's chances of obtaining a favorable outcome.