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That is correct. But in case of the US Internet War, it is. Hacking done by the NSA on a foreign country is not not military in nature.

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What "internet war" are you talking about? And although the NSA is an agency of the US DoD, I don't think they would consider all targets of their eavesdropping measures as "military" targets.

The current one: http://edition.cnn.com/2013/06/18/opinion/schneier-cyberwar-...

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