Log In | Register
The ancient art of war is coming to the internet.
The House and Senate agreed to give the U.S. military the power to conduct “offensive” strikes online — including clandestine attacks, via a little-noticed provision in the military’s 2012 funding bill.
The power, which was included in the House version but not the Senate version, was included in the final “reconciled” bill that is all but guaranteed to pass into law.
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.).
While “offensive” action isn’t defined, that’s likely to include things like unleashing a worm like the Stuxnet worm that damaged Iran’s nuclear centrifuges, hacking into another country’s power grid to bring it down, disabling websites via denial-of-service attacks, or as the CIA has already done with some collateral damage, hacking into a forum where would-be terrorists meet in order to permanently disable it.
The conference report goes on to say:
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.
