spyology

the shadow · Trimis: 17/12/2011 21:13 Titlul subiectului: MILITARY ACTION IN CYBERSPACE

CONGRESS AUTHORIZES MILITARY ACTION IN CYBERSPACE

Congress has given the U.S. military a green light to conduct offensive
military activities in cyberspace.

"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," said the FY 2012
defense authorization act that was adopted in conference this week (section
954).

The blanket authorization for offensive cyber operations is conditional on
compliance with the law of armed conflict, and the War Powers Resolution,
which mandated congressional consultation in decisions to go to war.

"The conferees recognize that because of the evolving nature of cyber
warfare, there is a lack of historical precedent for what constitutes
traditional military activities in relation to cyber operations and that it
is necessary to affirm that such operations may be conducted pursuant to the
same policy, principles, and legal regimes that pertain to kinetic
capabilities," the conference report on the defense authorization act said.

"The conferees also recognize that in certain instances, the most effective
way to deal with threats and protect U.S. and coalition forces is to
undertake offensive military cyber activities, including where the role of
the United States Government is not apparent or to be acknowledged."

"The conferees stress that, as with any use of force, the War Powers
Resolution may apply."

This is an odd formulation which suggests that the War Powers Resolution may
also not apply. In any case, the Resolution is a weak reed that has rarely
been used by Congress to constrain executive action.

According to the Congressional Research Service, "Debate continues on
whether using the War Powers Resolution is effective as a means of assuring
congressional participation in decisions that might get the United States
involved in a significant military conflict."
_________________
informatia inseamna putere