Sec. 1640. Deterrence of adversaries in cyberspace
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/bill/114/s/2943/pap/section-1640·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 180 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall submit to the President and the congressional defense committees a report on the military and nonmilitary options available to the United States to deter Russia, China, Iran, North Korea, and terrorist organizations in cyberspace. The report submitted under paragraph
(1)shall include the following: A description of the options described in paragraph (1). For each option described under subparagraph (A), an assessment of the effectiveness of the option. An integrated priorities list for cyber deterrence capabilities of the Department of Defense that identifies, at a minimum, high priority capability needs prioritized across armed force and functional lines, risk areas, and long-term strategic planning issues. Not later than 60 days after the date on which the Chairman submits the report required by subsection (a)(1), the President shall submit to the congressional defense committees a report on determining when an action carried out in cyberspace constitutes an act of war against the United States. The report required by paragraph
(1)shall include the following: Identification of what actions carried out in cyberspace constitute an act of war against the United States. Identification of how the law of war applies to cyber operations of the Department of Defense. Identification of the circumstances required for responding to a cyber attack against the United States. A declaratory policy on the use of cyber weapons by the United States. In preparing the report required by paragraph (1), the President shall consider the following: Whether a cyber attack must demonstrate a use of force to be considered an act of war. The ways in which the effects of a cyber attack may be equivalent to effects of an attack using conventional weapons, including with respect to physical destruction or casualties. Intangible effects of significant scope, intensity, or duration. How the law of neutrality applies, how the utilization or exploitation of communications infrastructure in neutral States applies, and what limitations, if any, apply in exercising the right of the United States to act in self-defense through a cyber-operation.