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Code · STATUTE-COMPILATIONS · William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 · Sec. 1702

Sec. 1702. MODIFICATION OF SCOPE OF NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY CYBER OPERATIONS

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## SEC. 1702 MODIFICATION OF SCOPE OF NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY CYBER OPERATIONS Subsection
(c)of section 395 of title 10, United States Code, is amended to read as follows: > > ### “(c) Sensitive Military Cyber Operation Defined > > > ####
(1)> > In this section, the term ‘sensitive military cyber operation’ means an action described in paragraph
(2)that— > > > ##### “(A) > > is carried out by the armed forces of the United States; > > > ##### “(B) > > 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— > > > ###### “(i) > > 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 > > > ###### “(ii) > > 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 > > > ##### “(C) > > > ######
(i)> > is determined to— > > > ###### “(I) > > have a medium or high collateral effects estimate; > > > ###### “(II) > > have a medium or high intelligence gain or loss; > > > ###### “(III) > > have a medium or high probability of political retaliation, as determined by the political military assessment contained within the associated concept of operations; > > > ###### “(IV) > > have a medium or high probability of detection when detection is not intended; or > > > ###### “(V) > > result in medium or high collateral effects; or > > > ###### “(ii) > > is a matter the Secretary determines to be appropriate. > > > #### “(2) > > The actions described in this paragraph are the following: > > > ##### “(A) > > An offensive cyber operation. > > > ##### “(B) > > A defensive cyber operation.” > .
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Sec. 1702
MODIFICATION OF SCOPE OF NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY CYBER OPERATIONS
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