… It may thus be preferable to approach cyber security as a threat to national security rather than as a criminal matter. This change would raise at least three issues. First, it may be necessary to revisit and clarify the government’s current distinction between homeland security and homeland defense as applied to cyberspace. Second, this change requires consideration of the jus ad bellum paradigm that controls a state’s self-defense response against a cyber attack. Finally, the delicate balance between national security interests and civil liberties should be considered in developing a strategy for responding to cyber attacks. This Article presents a framework for addressing these issues.
http://jolt.law.harvard.edu/articles/pdf/v20/20HarvJLTech403.pdf