Congress Authorizes Offensive 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.”
Update: There’s more from Lawfare.
The United States federal government invests nearly $150 billion annually in research and development. However, the supporting evidence generates wildly different estimates depending on the methods and available data.
The digital government field has an opportunity to build a more responsive and resilient government by pushing into new frontiers, with new tools, approaches, and even organizations that don’t exist yet. This is the time for radical experimentation, delivery, and exploration.
Americans are paying too much for almost everything, because the United States has long treated its trucking industry as an artifact to be preserved rather than as an opportunity for innovation.
These ideas aim to advance the detailed policy solutions needed to foster public trust and implement fairness in the adoption of AI across diverse domains, from healthcare and government benefits to rural access, education, and worker protections.