Most people are aware of the National Defense Authorization Act (NDAA) signed into law at the first of the year. Much has been made of the particular section on the indefinite detention section and for good reason. States have even opposed NDAA with their own legislation. One part that has not faced as much scrutiny is the section concerning “military activities in cyberspace.” While the existing version grants the Defense Department the ability to conduct those kinds of military activities, but only “upon direction by the President” and if the purpose for such action is to “defend our Nation, Allies and interests,” being subject to existing laws. Here is how the current version reads:
SEC. 954. MILITARY ACTIVITIES IN CYBERSPACE.This does not seem to be enough though. The House Armed Services Committee wants to do a little changing up of this section to give the Defense Department broad powers to conduct any clandestine military actions online against whichever targets any one of the military agencies deems appropriate.
Congress affirms that the Department of Defense has the capability, and upon direction by the President may conduct offensive operations in cyberspace to defend our Nation, Allies and interests, subject to—
(1) the policy principles and legal regimes that the Department follows for kinetic capabilities, including the law of armed conflict; and
(2) the War Powers Resolution (50 U.S.C. 1541 et seq.).
Here is what they want to substitute in its place:
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