Sec. 1623. Active defense and surveillance against Russian Federation attacks in cyberspace
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In the event that the National Command Authority determines that the Russian Federation is conducting an active, systematic, and ongoing campaign of attacks against the government or people of the United States in cyberspace, the National Command Authority may authorize the Commander of the United States Cyber Command, acting through the Cyber Mission Forces assigned to the United States Cyber Command, to take appropriate and proportional action in cyberspace to disrupt, defeat, and deter such attacks under the authority and policy of the Secretary of Defense to conduct cyber operations and information operations as traditional military activities.
IN exercising the authority provided in paragraph (1), the Secretary shall provide notices to the congressional defense committees in accordance with section 130(f) of title 10, United States Code. In any fiscal year in which the Commander of the United States Cyber Command carries out an action under paragraph (1), the Secretary of Defense shall, not less frequently than quarterly, submit to the congressional defense committees a report on the actions of the Commander under such paragraph in such fiscal year.
Reports submitted under clause
(i)shall be submitted in a manner that is consistent with the recurring quarterly report required by section 484 of title 10, United States Code. The Secretary of Defense, acting through the Commander of the United States Cyber Command and the cyber mission forces of such command, may conduct surveillance in networks outside the United States of personnel and organizations engaged at the behest or in support of the Russian Federation in— stealing and releasing confidential information from United States persons or supporting organizations who are campaigning for public office; generating and planting information and narratives, including the purchase of advertisements, in social and other media intended to mislead, sharpen social and political conflicts, or otherwise manipulate perceptions and opinions of the people of the United States; creating networks of subverted computers and associated false accounts on social media platforms for the purpose of spreading and amplifying the impact of information and narratives intended to mislead, sharpen social and political conflicts, or otherwise manipulate perceptions and opinions of the people of the United States; and developing or using cyber capabilities— to disable, disrupt, or destroy critical infrastructure of the United States; or to cause— casualties among United States persons or persons of allies of the United States; significant damage to private or public property; significant economic disruption; an effect, whether individually or in aggregate, comparable to that of an armed attack or one that imperils a vital national security interest of the United States; or significant disruption of the normal functioning of United States democratic society or government, including attacks against or incidents involving critical infrastructure that could damage systems used to provide key services to the public or government. The Secretary shall make arrangements, directly or through other government organizations, with private sector media representatives and organizations, including social media companies, on a voluntary basis, using the results of the surveillance under paragraph
(1)to assist in the identification of such malicious individuals and organizations and associated false or counterfeit accounts created on social media platforms. In carrying out subparagraph (A), the Secretary may grant such security clearances to individuals of media organizations as the Secretary considers necessary and appropriate to share evidence that supports the Secretary’s conclusions regarding the individuals and organizations engaged in the activities described in paragraph (1). Not less frequently than once each year, the Secretary shall submit to the congressional defense committees and the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) a report on— the scope and intensity of the Russian Federation's information operations and attacks through cyberspace against the government or people of the United States observed by the cyber mission forces of the United States Cyber Command and the National Security Agency; adjustments of the Department of Defense in the response directed or recommended by the Secretary with respect to such operations and attacks; and whether the authorities under subsections
(a)and
(b)should be expanded to include other foreign powers, such as the Islamic Republic of Iran and the People's Republic of China.
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Sec. 1623
Active defense and surveillance against Russian Federation attacks in cyberspace
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