text: Legal Support to the Army
  LEGAL FUNCTION: NATIONAL SECURITY LAW
  4-38. National security law is the application of U.S., foreign, and international law to military operations
  and activities. National security law practitioners rely on these areas of law and their legal tasks:
  constitutional law, cyberspace law, intelligence law, international law, operational law, and space operations
  law.
  CONSTITUTIONAL LAW
  4-39. Fundamental questions about the authorities to use military force and other operational activities are
  often questions of constitutional law. Judge advocates should be familiar withthis area of law to understand
  the domestic legal basis for U.S. military operations and legal authorities, including the application of war
  powers, an authorization for the use of military force passed by Congress, or the President’s authorities under
  Article II of the Constitution.
  CYBERSPACE LAW
  4-40. Cyberspace law generally is not the practice of a unique body of law but rather the application of the
  other national security law disciplines to cyberspace operations and cyberspace-enabled activities. Due to the
  complex nature of cyberspace operations, the potential for political implications, and highly classified tools
  and capabilities, approval and oversight requirements for cyberspace operations often remain at the most
  senior leadership levels. Generally subject to classified directives and guidance, cyberspace operations often
  raise unique and complex factual issues that make the application of the existing national security law
  challenging. When analyzing legal issues raised by cyberspace operations, judge advocates first need to
  determine whether the activity is a cyberspace operation or whether it is a cyberspace-enabled activity.
  Cyberspace operations are the employment of cyberspace capabilities where the primary purpose is to
  achieve objectives in or through cyberspace.
  4-41. Cyberspace operations includes three cyberspace missions: offensive cyberspace operations (known
  as OCO), defensive cyberspace operations (known as DCO), and DOD information network (known as
  DODIN) operations. Unlike cyberspace operations, cyberspace-enabled activities use cyberspace to enable
  other types of activities or employ cyberspace capabilities to complete tasks, but they are not undertaken as
  part of one of the three cyberspace operations missions. Information operations can be a category of
  cyberspace-enabled operations when they include the integrated employment of electronic warfare, computer
  network operations, psychological operations, military deception, and operations security, in concert with
  specified supporting and related capabilities, to influence, disrupt, corrupt, or usurp adversarial human and
  automated decision making while protecting friendly decision making. Once judge advocates determine
  whether the activity is cyberspace operations or a cyberspace-enabled activity, they will be better prepared
  to determine the relevant legal authorities governing the activity. Practitioners require a basic understanding
  of cyber technology and capabilities in addition to a knowledge of constitutional, domestic, international,
  operational, and intelligence law.
  4-42. Given the structure of the internet and the potential for affecting third party systems, cyberspace
  operations often raise challenging international law issues. Judge advocates must analyze whether aproposed
  operation would constitute a use of force or be a prohibited intervention into a State’s domestic affairs.
  Additionally, cyberspace operations often raise issues related to neutrality and sovereignty. While many
  cyberspace operations occur outside of armed conflict, the law of armed conflict appliestothose that occur
  in an armed conflict or rise to the level of a use of force or an armed attack.
  INTELLIGENCE LAW
  4-43. Because intelligence activities are some of the most sensitive activities conducted by military forces,
  they are subject to classified directives and guidance. As such, they are highly regulated and subject to intense
  scrutiny and oversight both within the DODandby Congressional oversight committees. This is specifically
  applicablewhen information regarding U.S. persons is being collected, stored, disseminated, and analyzed.
  Judge advocates play a key role in the oversight of intelligence activities,and they are often seenas subject
  matter experts. It is imperative that judge advocates practicing in this area are knowledgeable not only on the
  approval authorities to conduct intelligence activities but also on the reporting requirements for questionable