Friday, May 25, 2012
Congress To Amend NDAA – DOD & NSA Granted Even Greater Power
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.
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.).
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.
Here is what they want to substitute in its place:
SEC. 954. MILITARY ACTIVITIES IN CYBERSPACE.
‘‘(a) AFFIRMATION.—Congress affirms that the Secretary of Defense is authorized to conduct military activities in cyberspace.
‘‘(b) AUTHORITY DESCRIBED.—The authority referred to in subsection (a) includes the authority to carry out a clandestine operation in cyberspace—
‘‘(1) in support of a military operation pursuant to the Authorization for Use of Military Force (50 U.S.C. 1541 note; Public Law 107-40) against a target located outside of the United States; or
‘‘(2) to defend against a cyber attack against an asset of the Department of Defense.
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to limit the authority of the Secretary of Defense to conduct military activities in cyberspace.’”
Mike Masnick commenting on this in his article at TechDirt said, “Note a bunch of slightly sneaky things going on here. First, it gives blanket powers to the DoD, rather than saying it can only take actions on the President’s direction. While we may not have much faith that the President wouldn’t let the DoD do such things, giving such blanket approval upfront, rather than requiring specific direction is a pretty big change.”
He also went on to point out a second issue and that was that the DOD and the NSA, which falls under the Department of Defense, will also have the power to conduct “clandestine operations.”
Full article: http://frontporchpol … -even-greater-power/
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