You can't know with certainty who is behind an "attack" when the alleged "warfare" consists of nameless computers sending bits back and forth, so don't go bombing somebody just because some computer in their network happened to send too many packets (possibly without its owner's knowledge).
Also, using something within the letter of the law should never be considered "attacking" it, anyways. If somebody makes software for a type of computer, and this software was made (on purpose or by mistake) to accept random commands from strangers, and you install it, and somebody takes advantage of this to delete all your stuff, that's not an attack. It's his computer telling yours something. There's virtually no way to prove who was actually responsible short of guessing (which is all too common, in some countries)..
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