Don't know, hence the question. It seems murkier than data vs. infrastructure. The one article I've read so far on the subject doesn't say much [1]. The Cyber Act of War Act of 2016 is apparently working its way through Congress [2].
Does application of the stolen data play a factor? ie considering the OPM breach an act of war if compromised individuals are blackmailed. Would Russia stealing the location data & capabilities of our missile defense system constitute an act of war?