Sanction or Indict?
March 27, 2015
From a longer, forthcoming CSIS essay "How to Do Cyber Indictments"
Indictments are one way to push back against cyber espionage. It would also be useful to consider using the sanctions that lie within the purview of the Treasury and State Departments. These can make the point about objectionable behavior and create consequences for cyber espionage (something we don't have now) , but have the advantage of being subject to executive branch control – the President can put them on, and then take them if he wants, something that is not possible with an indictment.
SEC. 1637. ACTIONS TO ADDRESS ECONOMIC OR INDUSTRIAL ESPIONAGE IN CYBERSPACE.
The President may, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of each person described in paragraph (2), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.