Primer on Article 123, Uniform Code of Military Justice

摘要

From the hills of Afghanistan to the waters of the Pacific to the skies over Germany, Marines globally use computers for email, internet access, and a host of systems and applications that support them in their duties. Computers are integral to military operations, and Marines worldwide rely on them to conduct all manner of missions. Simultaneously, this new era of digital dependence creates new risks, both external and internal. As MCBUL 5400 implicitly recognized by codifying information as a new warfighting function, technology is ubiquitous in today's military environment. The concomitant rise of technology has spawned a corresponding labyrinth of laws, policies, and regulations. If information is king, there is no shortage of pawns seeking to keep it in check. Commanders and Marines alike must understand numerous authorities that include: DODI 8170.01, Online Information Management and Electronic Messaging, (2 January 2019); MCO 5354.1E, Prohibited Activities and Conduct (27 June 2018); and ALMARS Number 008/17, Social Media Guidance, (14 March 2017). Likewise, the new Article 123 of the Uniform Code of Military Justice (UCMJ), published in January 2019, added an important legal change that commanders and Marines must understand and heed carefully.