The United States lacks a fully defined policy and legal framework for using offensive cyberwarfare capabilities against adversaries, making it difficult for policymakers to determine the origin of computer attacks and when pre-emptive action is justified against criminals, terrorists and hostile foreign nations, according to current and former government officials.

The information networks of U.S. government agencies and critical industry sectors, such as the nation's power and banking companies, are under persistent and increasing cyber attack from foreign foes, including major criminal organizations and countries like China, according to officials and recent high-level reports. Although the U.S. government has an arsenal of cyberwarfare capabilities at its disposal, policymakers are grappling with how and when to use them, along with what kind of privacy and civil liberties issues are raised in doing so.