Re:The OPM Data Breach [pdf]
by BoringCode on Thursday September 08, 2016 @10:55PM
(#12459361)
Both organizations focus on similar concepts (after all exploitation and attack are two sides of the same coin). But there is a legal distinction which is important. NSA legally cannot do all that CYBERCOM can do.
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You're absolutely correct, it's legally a massive difference. In practice, they're more or less the same people groups of the same people.
So I tend to view the distinction between the two as something of a legal fiction.