When defending customers, the key is to construct a reasonable and credible narrative, and to provide sufficient evidence to support that their behavior is a legitimate network security exercise rather than a criminal activity. The following are specific legal strategies and steps： --- ### **1. Confirm the legitimacy of the exercise.** -**Written authorization and agreement**: Verify whether the customer has obtained a clear written authorization from the target system owner (such as the company's internal IT department or external partners), including the scope, time, method, etc. Of the exercise. If there is an authorization document, its legitimacy can be directly proved. -**Compliance framework**: Explain whether the drill complies with industry standards (such as NIST SP 800-115, PTES) or laws and regulations (for example, in some jurisdictions, it is subject to the exemption clause of the Computer Fraud and Abuse Act). --- ### **2. Technical evidence support** -**Drill plan and record**： -Provide detailed walkthrough plan documents, including targets, tools (such as Metasploit, Cobalt Strike), and steps to simulate attacks. - Display log records (such as email delivery records, penetration test reports) to prove that the behavior is limited to the scope of authorization and has not caused actual damage. -**Data isolation and harmlessness**: Prove that all operations are carried out in an isolated environment or test account, and that real data has not been stolen or tampered with (for example, using virtualized technology or sandboxed environments). --- ### **3. Professional qualifications and industry practices** -**Certification and qualifications**: Emphasize the compliance qualifications of customers or their teams (such as CEH, OSCP, CISSP), or the company has legal security service qualifications (such as CREST, PCI DSS certification). -**Industry practices**: Cite cases where similar companies regularly conduct penetration tests (such as the compliance requirements of banks and medical institutions) to illustrate the universality and necessity of such exercises. --- ### **4. Defense of subjective intent** -**No criminal motivation**: Through evidence such as emails and meeting minutes, it is proved that the customer aims to improve security and defense, not to seek benefits or cause damage. -**Transparency and reporting**: If the customer proactively submits a vulnerability report or assists in repairing it after the drill, it can support its bona fide purpose (refer to the “White Hat Hacker” Code of Ethics). --- ### **5. Points of legal defense** -**Lack of ”unauthorized access" element**: According to laws such as the Computer Fraud and Abuse Act (CFAA), if access has been authorized, it does not constitute a crime. -**Risk minimization principle**: Explain the difference between the drill method (such as sending only simulated phishing emails) and the real attack (such as not embedding malicious links or collecting credentials). --- ### **6. Expert witness and third-party verification** -**Hire network security experts**: Independent experts will evaluate the rationality of the exercise and prove that it meets industry standards. -**Third-party audit report**: If there is a supervision report of the drill process by a third-party organization, the credibility can be enhanced. --- ### **7. A plan to deal with the prosecution's challenge** - **Vague interpretation **: If the authorization is flawed (such as oral agreement), it must be combined with other evidence (such as past cooperation practices) to prove the implied consent of both parties. -**Distinguish between “walkthrough” and "actual attack"**: Compare the differences between walkthrough behavior and real phishing (such as IP address and payload content) through technical analysis. --- ### **8. Negotiation and alternatives** -**Strive for non-prosecution or withdrawal of prosecution**: If the evidence is sufficient, you can negotiate with the prosecution to emphasize the public interest (for example, the exercise exposes system vulnerabilities and avoids real attacks). -**Civil settlement**: When economic losses are involved, a settlement can be reached through compensation or remedial measures. --- ###**List of key documents** 1. Power of attorney/contract (explicit reference to "simulated attack” or "red Team drill"”. 2. Penetration test report (including timestamp, operation log). 3. Internal communication records (such as the email and approval process for the application process). 4. The customer's safety training certificate or company qualification document. --- By systematically integrating the above elements, a strong defense can be constructed to characterize customer behavior as a legal safety practice. It is necessary to pay attention to the legal differences in different jurisdictions, and it is recommended to cooperate with a lawyer who is familiar with cybersecurity law as soon as possible.