Amendment to NDAA To Give Military Clandestine Operation Powers Online

The existing version of the NDAA does grant the Defense Department the ability to conduct military activities in cyberspace, but only "upon direction by the President" and if the purpose is to "defend our Nation, Allies and interests," subject to existing laws.

Here's the existing text:

SEC. 954. 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, 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.).

However, the House Armed Services Committee is getting ready to do a markup on the NDAA that includes a change to that section (section 954), which expands the powers of the Defense Department, and basically gives it broad powers to conduct any military actions online -- with it specifically calling out clandestine operations online. More...