smitty777 writes “Congress has recently authorized the use of offensive military action in cyberspace. From the December 12th conference on the National Defense Authorization Act, it states, ‘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.’ According to the FAS, ‘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.'”
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U.S. Congress Authorizes Offensive Use of Cyberwarfare