Cybersecurity

Trump visits with national security nominees as his cyber defense plan raises legal questions

 One of Donald Trump’s plans for improving America’s cyber defenses could run afoul of a 14-year-old law and an even older prohibition on the military operating on domestic soil. The president-elect vowed in a Nov. 21 video message that he would “ask the Department of Defense and the Chairman of the Joint Chiefs of Staff to develop a comprehensive plan to protect America’s vital infrastructure from cyberattacks.” But according to its 2002 founding statute, the Department of Homeland Security is responsible for helping the private sector protect infrastructure like airports, hospitals and power plants. The Pentagon, through U.S. Cyber Command, only defends military networks. There is also the Posse Comitatus Act of 1878, which prohibits using the military “to execute the laws” unless specifically permitted by the Constitution or Congress — a restriction that could apply to civilian infrastructure. Asked about the potential conflicts on Monday, Trump spokesman Jason Miller told MC simply: “DoD and Joint Chiefs are responsible for national security. This is a national security issue.”