Discuss your thoughts about the legality and necessity of Ethical Hacking.

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Discuss your thoughts about the legality and necessity of Ethical Hacking. Here are some points to consider (you can also add your own ideas):
Is certification a valid way to ensure someone will follow the legal requirements for Ethical Hacking?
Should there be thorough criminal background checks?
When should the background check be done – before someone can be certified or before being hired to perform penetration testing?
Who should pay for the background check (employer or prospective pentester, or split the cost)?

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