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Because those cyber operations involve intrusions into another country's sovereignty,

the default rule should be that you cannot undertake those activities without getting the consent of

that other state.

And so that's why we were talking a little bit about the issue of seeking the Mexican government's views about these activities, but as you noted,

the statute doesn't require consent, it only requires consultation, and it doesn't even require

consultation in all cases. leaves to DOD to determine

when is it appropriate to undertake those consultations.

I'm Stephanie Pell, senior editor at Law Fair, and this is the Law Fair podcast, February 15,

2024.

The National Defense Authorization Act, or NDA, is considered must pass legislation and is increasingly

becoming the only reliable vehicle for national cyber policymaking.

I sat down with Jonathan Cederbaum, professor of practice at George Washington University

Law School and Law Fair's book review Editor, and Matt Gluck,

Research Fellow at Law Fair, to talk about the key

cyber provisions of the NDAA for fiscal year 2024.

We talked about new cyber provisions that address threats from Mexican criminal organizations

and China, along with how some of the new cyber provisions, expand the military's role in protecting

against threats to critical infrastructure.

...