To amend title 10, United States Code, to expand the scope of affirmation of authority for cyber operations to include defense of critical infrastructure of the Department of Defense, and for other purposes.
Summary
This bill, S. 2602, aims to amend Title 10 of the United States Code to broaden the authority for cyber operations. Specifically, it includes the defense of the Department of Defense's critical infrastructure within the scope of these operations. The bill defines 'critical infrastructure of the Department of Defense' as assets vital to the Department's functioning and the armed forces' operations, whose incapacitation by a cyber attack would significantly impair the Department's ability to fulfill its missions.
Expected Effects
The bill's passage would allow the Department of Defense to proactively defend its critical infrastructure against cyber threats. This could involve monitoring, detection, and active defense measures to protect essential assets. It clarifies the legal framework for cyber operations related to defense of critical infrastructure.
Potential Benefits
- Enhanced protection of critical Department of Defense assets from cyber attacks.
- Improved national security by safeguarding military operations and capabilities.
- Clearer legal framework for cyber operations, reducing uncertainty and potential legal challenges.
- Potential for increased investment in cybersecurity technologies and expertise.
- Proactive defense measures could deter potential adversaries from targeting critical infrastructure.
Potential Disadvantages
- Potential for mission creep, where cyber operations expand beyond the intended scope.
- Risk of unintended consequences from offensive cyber operations.
- Concerns about privacy and civil liberties if cyber operations involve monitoring of civilian networks.
- Increased costs associated with implementing and maintaining enhanced cybersecurity measures.
- Potential for escalation of cyber conflicts with other nations.
Constitutional Alignment
The bill aligns with the constitutional mandate to provide for the common defense, as outlined in the Preamble and Article I, Section 8, which grants Congress the power to raise and support armies and provide for a navy. The expansion of cyber defense capabilities can be seen as a necessary measure to protect national security in the modern era. However, potential impacts on individual liberties and privacy would need to be carefully considered to ensure compliance with the Fourth Amendment.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).