Sec. 1613. Modification of scope of notification requirements for sensitive military cyber operations
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Subsection
(c)of section 395 of title 10, United States Code, is amended to read as follows: In this section, the term sensitive military cyber operation means an action described in paragraph
(2)that— is carried out by the armed forces of the United States; is intended to achieve a cyber effect against a foreign terrorist organization or a country, including its armed forces and the proxy forces of that country located elsewhere — with which the armed forces of the United States are not involved in hostilities (as that term is used in section 4 of the War Powers Resolution ( 50 U.S.C. 1543 )); or with respect to which the involvement of the armed forces of the United States in hostilities has not been acknowledged publicly by the United States; and is determined to— have a medium or high collateral effects estimate; have a medium or high intelligence gain or loss; have a medium or high probability of political retaliation, as determined by the political military assessment contained within the associated concept of operations; have a medium or high probability of detection when detection is not intended; or result in medium or high collateral effects; or is a matter the Secretary determines to be appropriate. The actions described in this paragraph are the following: An offensive cyber operation. A defensive cyber operation. .
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Sec. 1613
Modification of scope of notification requirements for sensitive military cyber operations
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