To be fair here, the NSA should very well be doing these things, for the purpose of attacking other states. The reason is very clear as the Russian attacks on Estonia ( https://en.wikipedia.org/wiki/2007_cyberattacks_on_Estonia ) demonstrate a clear need for defensive capability in this area, and where you have defence you end up needing offence. This persistent confusion between legitimate NSA operations such as pre…
There is a clear need for defense. But because of lack of oversight, NSA has overstepped its bounds in both foreign and domestic spheres.
The other side of this argument, one made cogently by Snowden, is that we simply have more to lose by escalating the cyberwar.