25.09.2022 - 17:26 [ LawfareBlog.com ]

Covert Military Information Operations and the New NDAA: The Law of the Gray Zone Evolves

(December 10, 2019)

Section 1631(b) expressly affirms that the Defense Department can conduct “military operations” in the information environment, “including clandestine operations,” for certain purposes. I’ll have more to say about that reference to “clandestine” below. First, let’s note the broad list of purposes.

The military’s role comes into play in three scenarios. First, defense of the United States itself. Second, defense of allies. Third, defense of the “interests” of the United States. The statute notably does not clarify what nature or degree of threats to these objects count, and so the invitation can only be described as quite broad.