Cyber Act of War Act of 2016

This Bill was introduced into the House 5/12/16 and referred to various committees where it apparently died on 6/7/16 with no action taken. It was also introduced in the Senate 5/9/16 with no action taken. Even if Repugnantans won't legally define it as war we must do so in our framing. It states:

114th CONGRESS
2d Session

H. R. 5220

To direct the President to develop a policy on when an action in cyberspace constitutes a use of force against the United States, and for other purposes.

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IN THE HOUSE OF REPRESENTATIVES

May 12, 2016

Mr. Himes (for himself and Mr. Westmoreland) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL

To direct the President to develop a policy on when an action in cyberspace constitutes a use of force against the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Cyber Act of War Act of 2016”.

SEC. 2. Policy on when an action in cyberspace constitutes a use of force against the United States.

(a) Policy required.—Not later than 180 days after the date of the enactment of this Act, the President shall—

(1) develop a policy for determining when an action carried out in cyberspace constitutes a use of force against the United States; and

(2) revise the Department of Defense Law of War Manual accordingly.

(b) Considerations.—In developing the policy required by subsection (a)(1), the President shall consider the following:

(1) The ways in which the effects of a cyber attack may be equivalent to the effects of an attack using conventional weapons, including with respect to physical destruction or casualties.

(2) Intangible effects of significant scope, intensity, or duration.

(c) Report.—

(1) IN GENERAL.—The President shall submit to the congressional defense committees the policy required by paragraph (1) of subsection (a) and a copy of the Law of War Manual revised pursuant to paragraph (2) of such subsection.

(2) CONGRESSIONAL DEFENSE COMMITTEES.—In this subsection, the term “congressional defense committees” has the meaning given that term in section 101(a) of title 10, United States Code.