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This Is Why I Teach My Law Students How to Hack

Accepted submission by owl at 2023-05-24 16:56:44

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In the movies, you can tell the best hackers by how they type. The faster they punch the keys, the more dangerous they are. Hacking is portrayed as a highly technical feat, a quintessentially technological phenomenon.

This impression of high-tech wizardry pervades not just our popular culture but also our real-world attempts to combat cybercrime. If cybercrime is a sophisticated high-tech feat, we assume, the solution must be too. Cybersecurity companies hype proprietary tools like “next generation” firewalls, anti-malware software and intrusion-detection systems. Policy experts like John Ratcliffe, a former director of national intelligence, urge us to invest public resources in a hugely expensive “cyber Manhattan Project” that will supercharge our digital capabilities.

But this whole concept is misguided. The principles of computer science dictate that there are hard, inherent limits to how much technology can help. Yes, it can make hacking harder, but it cannot possibly, even in theory, stop it. What’s more, the history of hacking shows that the vulnerabilities hackers exploit are as often human as technical — not only the cognitive quirks discovered by behavioral economists but also old-fashioned vices like greed and sloth.

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