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intelligence operatives?173  Determining this distinction will also dictate the appropriate response, including the extent to which civilian law enforcement or the military should be involved.

Cyberterrorism consists of using computer technology to engage in terrorist activity, distinguishable from cybercrime since “crime is personal, while terrorism is political.”174  Classic conceptions of terrorism are discernible from warfare, which is not supposed to target civilians.175  IW consists of nation-states’ using cyberspace to achieve the same ends that they pursue through the use of conventional military force – achieving advantages over a competing nation-state or preventing a competing nation-state from achieving advantages over them.”176  Boundaries are breaking down in the twenty-first century – certain states generate crime, terrorism, and war, while individuals wage war in addition to committing crimes and carrying out acts of terrorism.177  Yet it is too simple to state that “If we conclude with some confidence that an attack did not ‘come from a nation-state actor, we inferentially assign it to the cybercrime/cyberterrorism category and embark upon the tasks of determining precisely what it is and who is responsible for it.”178  Given the clandestine nature of cyberspace, states may easily incite civilian groups within their own borders to commit cyber attacks and then hide behind a (however sheer) veil of plausible deniability and thus escape accountability.

173 Id.

174 Id.

175 See U.N. Office of the High Comm'r for Human Rights, Geneva Convention Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949, available at http://www.unhchr.ch/html/menu3/b/92.htm.  Last visited: 4/18/2008.

176 Brenner, supra note 40.

177 Id.

178 Id.

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