On Jan. 5th, 2012, J. Nicholas Hoover reported for Information Week on the highly controversial National Defense Authorization Act (the NDAA). Lost amongst discussions of indefinite detention were some pretty interesting developments for US cyberwarfare. President Obama has signed the NDAA into law.
First, the NDAA allows the US military to carry out offensive cyber operations "upon the President's direction" and subject to "the law of warfare and the War Powers Resolution." This isn't necessarily news. In November of 2011, the DOD was granted the ability to launch offensive cyber-operations in response to hostile acts. It looks like the NDAA affirms that policy. Unfortunately, we still don't have cyberwar rules of engagement, a definition of what constitutes a hostile act, or what constitutes an act of war in cyberspace.
Second, the article notes that the NDAA "sets prescriptions for network defense, sets the stage for an insider threat mitigation program, increases collaboration between the DOD and the Department of Homeland Security, and requires the annual report on the Chinese military to include an analysis of its cyber capabilities."
Third, the SecDef must "acquire more advanced cybersecurity capabilities to discover and isolate successful attacks. . ."
Finally, the article explains that the NDAA will direct an increase in the cyber workforce.
The InformationWeek article does a great analysis of the bill. Consequently, you can find the actual NDAA bill here.
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SecDef Panetta recently talked about the ambiguity behind acts of war in cyberspace. In an interview for 60 Minutes (which can be found on the CBS website), SecDef Panetta said:
"What constitutes an act of war when it comes to cyber warfare? Countries use cyber war as a way to exploit information. I think the Chinese use it as a way to gain information in the business area. But if a cyber effort were made that, in fact, crippled this country . . . does this constitute an act of war?"
The CBS website notes that SecDef Panetta will be on "Face the Nation" this Sunday.
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