So... for a long time, various encryption algos were considered weapons and subject to ITAR controls. The same is starting up again now.
So... if code can be a weapon, a (very) loose interpretation of the 2nd Amendment and some Castle Doctrine would already allow someone to hack back ...
Even that very loose interpretation doesn't quite fit.
The second amendment after all only says we the people may posses weaponry, it isn't a blanket licence to shoot at just anyone willy nilly, let alone a license to kill someone.
At least so far it is still not illegal to simply own an exploit or its source code, which is a more fair comparison.
One might argue that it should/is legal to counter-hack a system, but to keep the comparison, only so long as they are the one that attacked you first.
The moment you attack some poor smuck infected with malware doing the attackers bidding, it is no different than pulling your legal to own and have firearm and shooting the mailman that brought the ransom note to your door.
That is murder far and clear even with the second amendment and castle laws.
Most attacks these days are carried out through such proxy systems, be they n00b level windows malware, or zero day exploits against a fully patched and updated system (which I don't think anyone can possibly blame the systems owner for), and should be just as illegal to attack them as to counter attack them.
Our fear is that won't be the case. Many innocents are at risk with this plan.
Not to mention, all a black hat hacker has to do is form a corporation, then wait for the inevitable botnet scans and "counter hack" all those infected zombies.
Now this law just made legal any hacking done by those with unsavory intentions. Yeay?
It's bad enough on the Internet these days, but this certainly will not make a climate I wish to be involved with at all.