White House rejects terrorism-related cyberwar provisions in House bill

http://www.nextgov.com/nextgov/ng_20110525_6455.php?oref=rss?zone=itsecurity

 


White House rejects terrorism-related cyberwar provisions in House bill


By  <mailto:[email protected]> Aliya Sternstein 05/25/2011

The Obama administration objects to a House proposal that specifies the term
cyberwar includes clandestine actions against terrorists online. 

The language, which House members folded into the 2012 Defense Department
authorization bill, asserts that the Pentagon
<http://topics.nextgov.com/pentagon/>  has the power to conduct military
activities in cyberspace, including covert operations to support conflicts
covered by a post-Sept. 11 authorization to use "all necessary and
appropriate force" against foreign-based terrorists. Defense also would be
allowed to employ cyber tactics to deflect cyberattacks on its assets. 

White House officials agree that certain military operations in cyberspace
are vital to national security, according to a position statement the Obama
administration released Tuesday afternoon. But officials want to resolve
certain concerns with Congress so that any law "adds clarity and value to
our efforts in cyberspace."

The full House began considering the bill, H.R. 1540
<http://www.gpo.gov/fdsys/pkg/BILLS-112hr1540rh/pdf/BILLS-112hr1540rh.pdf> ,
Tuesday night and is scheduled to continue debate on Wednesday.

White House spokesman Nick Shapiro said the administration welcomes
congressional ideas for strengthening cybersecurity
<http://topics.nextgov.com/Cybersecurity/>  but wants clarification from
lawmakers on the intent of the wording. "We plan to review the language and
further discuss it with Congress to ensure we have a thorough understanding
of the legal and policy implications of the provision," he said on
Wednesday. "We'll continue to take a careful and deliberate approach to
ensure any legislative changes improve security."

An accompanying report by the House Armed Services Committee noted that al
Qaeda and the Taliban increasingly are relying on the Internet for command
and control, as well as for disseminating technical information to aid
attacks on U.S. and coalition forces. Terrorists use the Web, lawmakers
stated, because their affiliates are scattered across the world. But U.S.
troops have no legal guidance on how to deal with online threats. 

"The committee recognizes that because of the evolving nature of
cyberwarfare, there is a lack of historical precedent for what constitutes
traditional military activities in cyberspace," the report stated. 

Some House Democrats, including Rep. James R. Langevin, D-R.I., a committee
member who chairs the Congressional Cybersecurity Caucus, support the
measure. A Langevin staffer said the lawmaker hopes to work with the
administration and come to an agreement on all cyber issues.

The committee report added that the section is not meant to spell out all
possible military activities in cyberspace or limit the definition of
cyberwar.

"Military activities may not be confined to a physical battlefield," the
lawmakers wrote. "In certain instances, the most effective way to neutralize
threats and protect U.S. and coalition forces is to undertake military cyber
activities in a clandestine manner."

The legislation is intended to clarify that the Defense secretary's
authority includes conducting "clandestine military activities in cyberspace
in support of military operations pursuant to an armed conflict for which
Congress has authorized the use of all necessary and appropriate force," the
report stated. 

The Pentagon would have to brief Congress quarterly on all cyber operations
covered under the provision

 



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