Anušauskas proposes legalising active threat neutralisation

Conservative Member of Parliament Arvydas Anušauskas has registered amendments to Lithuania’s Intelligence Law that would allow intelligence institutions, in certain cases, not only to identify threats but also to actively neutralise them, LRT reports.

The law already gives intelligence institutions the right to apply measures to eliminate external risk factors, dangers and threats. The proposed amendments would define that authority more precisely and adapt it to the current security environment.

“If an adversary is not only collecting information about Lithuania but also trying to paralyse our systems, organising sabotage or conducting cyber operations, the state must have legal means to respond to such a threat,” Anušauskas said. “Intelligence must not be an institution that merely watches the enemy operate. It must be able to act.”

Anušauskas proposes establishing a new legal framework for “non-public influence operations”. Such operations would be permitted only when there is a specific threat to national security and it cannot be eliminated in time through other intelligence measures. The bill sets out the principles of necessity, proportionality, legality and protection of human rights.

The proposal would define when an operation could be conducted, against whom, using which measures and who would have to authorise it. One of its key elements is the right to carry out active cyber influence operations against the information systems of foreign states, their institutions or entities linked to their intelligence and security structures.

According to Anušauskas, these actions could include legally authorised interference with systems’ data, software or operation, including blocking, neutralising or disrupting hostile infrastructure. They could not be carried out at an intelligence officer’s sole discretion, but only as part of a pre-authorised non-public influence operation and in accordance with the principles of necessity, proportionality and international law.

The amendments would also establish a legal basis for using automated data analysis systems, including artificial intelligence technologies. They would allow lawfully obtained biometric data to be automatically compared with publicly available or lawfully obtained information when necessary to establish a person’s identity or links to national security threats.