The 2024 National Defense Authorization Act includes instructions to the secretary of defense to use cyber to disrupt illicit activity crossing the southern border. Now, a powerful Senate panel specifically wants to authorize the Pentagon to use its cyber forces to combat illegal activity stemming from Mexico.

Such activities include smuggling of illegal drugs and controlled substances, human trafficking and weapons trafficking, according to the bill. The legislation was approved by the committee at the end of June, but the bill’s full text wasn’t released until Tuesday.

The provision states that the authority “may be used to counter Mexican transnational criminal organizations, including entities cited in the most recent National Drug Threat Assessment published by the United States Drug Enforcement Administration.”

As part of the provision, senators also want a strategy with 60 days of the law’s enactment, for conducting operations in cyberspace to combat this activity as well as quarterly briefings to update lawmakers on such operations to include the nations they were conducted in.

The strategy should include, among other things, a description of cyber presence and activities — to include information operations — of the organizations previously described, a description of any previous cyber actions taken by DOD against such groups, and descriptions of security cooperation agreements and work with the Mexican government.

The SASC provision aims to extend DOD and Cybercom’s responsibility to defend the nation to threats stemming from the southern border, even from non-state actors.

JEFFREY NEWMAN IS A WHISTLEBLOWER LAWYER WHO HANDLES MAJOR CYBERINTRUSION CASES UNDER THE SEC AND CFTC WHISTLEBLOWER PROGRAMS. HE CAN BE REACHED AT 617-823-3217 OR JEFF@JEFFNEWMANLAW.COM.