From Bloomberg:
Would the U.S. Really Crack Down on Companies That Hack Back?
Personally this is no different than someone breaking into your house. Most states have Castle Doctrines or Stand Your Ground laws which enable the homeowner to use deadly force if necessary to repel an intruder/attacker.
HOWEVER in the cyber world things are not always so cut & dry. Just because an attack is originating from a system, or systems, located in a foreign nation or private organization doesn't mean that is really who is attacking. With millions of zombies, botnets & so on it is entirely possible the true attacker is located somewhere else.
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