Mark Jaycox, a legislative analyst for the EFF, said that the proposal from the Obama administration may be overreaching.
"The blog post posits that IP/trade secret concerns are reasons that are not already covered to take down botnets. That's a civil/private context and we've seen private companies use the Lanham Act to handle that angle. Seems like the DOJ is pushing for a more expansive law. As of now, we've seen DOJ been able to handle takedowns with the resources and laws that are already provided to them," Jaycox said.
"We'd like to see a particular use case where they couldn't use their already aggressive interpretation of the current law to take down botnets. If anything, we should be narrowing the current anti-hacking statute and computer laws because of their excessive breadth."