How industry can help us fight against botnets: notes on regulating private-sector intervention

Abstract

Could industry improve our response to botnet attacks? If so, how should this private-sector participation be regulated? This paper examines how regulation could be used to facilitate private-sector intervention against robot networks, also known as botnets. The first part is dedicated to exploring botnets and the potential role industry could play to mitigate them. The second part exposes the obstacles that must be addressed by regulators attempting to further industry participation in this arena. The third part outlines starting points for regulating this specific form of private-sector intervention. These starting points build upon the pioneering efforts launched in the Netherlands, US, Germany, and Finland, and present a compass for guiding regulatory choice. Stemming from these considerations, a hard law and two soft law mechanisms are presented as a commencement for regulating industry intervention. Finally, because this paper adopts an international, high-level approach, its findings may support regulatory efforts in various parts of the world, given the omnipresent challenge posed by botnets.