sensitive military cyber operation
(1) In this section, the term “sensitive military cyber operation” means an action described in paragraph (2) that— (A) is carried out by the armed forces of the United States; (B) is intended to achieve a cyber effect against a foreign terrorist organization or a country, including its armed forces and the proxy forces of that country located elsewhere— (i) with which the armed forces of the United States are not involved in hostilities (as that term is used in section 4 of the War Powers Resolution ( 50 U.S.C. 1543 )); or (ii) with respect to which the involvement of the armed forces of the United States in hostilities has not been acknowledged publicly by the United States; and (C) (i) is determined to— (I) have a medium or high collateral effects estimate; (II) have a medium or high intelligence gain or loss; (III) have a medium or high probability of political retaliation, as determined by the political military assessment contained within the associated concept of operations; (IV) have a medium or high probability of detection when detection is not intended; or (V) result in medium or high collateral effects; or (ii) is a matter the Secretary determines to be appropriate.