Many individuals dedicate a significant amount of time to social media platforms in 2024. These online spaces have evolved into virtual extensions of American households. While the Third Amendment of the US Constitution historically reflects Americans’ resistance to uninvited soldiers in their homes, there is currently no legislation preventing the US military from engaging on social media platforms. Consequently, the US military can now essentially have a presence in numerous Americans’ kitchens, living rooms, and bedrooms. Despite this infiltration, there has been minimal public outcry. For instance, when instances of multiple fake accounts on Twitter linked to the American government surfaced, officials argued that such actions were necessary to safeguard citizens due to existing foreign government presence on these platforms.

Review of the Third Amendment

The law that prohibits the military from being housed in citizens’ homes in the USA is the Third Amendment of the United States Constitution. This amendment, ratified on December 15, 1791, states that “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law”[3][4]. The Third Amendment ensures that military personnel cannot be forcibly housed in a citizen’s home during peacetime without the owner’s consent and establishes procedures to be followed during wartime as prescribed by law.

The (Missing) Digital Third Amendment

The concept of a Digital Third Amendment does not currently exist in legal or constitutional terms. In the context of soldiers conducting influence operations on social media, the legality and ethical considerations are complex and fall under existing laws and regulations governing free speech, privacy, and military conduct. The Supreme Court has recently clarified when public officials can block citizens on social media, emphasizing First Amendment rights and the distinction between private conduct and state action[6][7].

Therefore, while there is no specific Digital Third Amendment to prevent soldiers from conducting influence operations on social media, such actions would need to adhere to existing laws, regulations, and constitutional principles that govern free speech, privacy, and military conduct.

Fake Account Examples

Research reveals instances where the Pentagon was implicated in using fake accounts on Twitter for disinformation campaigns. Social media platforms like Facebook and Twitter have removed fake accounts suspected of being run by the Defense Department, prompting a sweeping review of the Pentagon’s policies regarding clandestine information warfare[16][18]. Verified Twitter accounts shared a fake image of an explosion near the Pentagon, causing confusion and even affecting the stock market temporarily[17][20]. These actions have raised concerns about the use of inauthentic personas and AI-generated content to spread false information, highlighting the challenges and risks associated with online influence operations conducted by government entities like the Pentagon.

What Guidelines Govern Military Domestic Social Media Influence Operations?

The guidelines covering “influence operations” against US civilian social media, including psychological operations (psyops), are under scrutiny due to concerns about their legality and ethical implications. Recent reports have highlighted the Pentagon’s involvement in clandestine information warfare on social media platforms, prompting a review of these practices. The use of fabricated online personas and fake media outlets, including the creation of deep fakes, has raised significant controversy. The Pentagon has been urged to tighten policies, training, and oversight regarding Military Information Support Operations (MISO) to ensure compliance with regulations and prevent the dissemination of false information[11][12][15].

Furthermore, the shift towards using social media platforms for influence operations has introduced new complexities. Tactics such as bot networks, AI algorithms for content refinement, targeted advertising, A/B testing for message optimization, and synthetic media like deepfakes have become prevalent in modern influence campaigns. These strategies aim to manipulate public opinion by delivering personalized messages and leveraging advanced technologies to enhance the effectiveness of psychological operations[13].

Conclusion

In light of these developments, there is a growing need for clear guidelines and oversight to regulate influence operations on social media, especially those targeting US civilians. The ethical considerations surrounding the use of psyops and propaganda against domestic audiences underscore the importance of upholding democratic principles and ensuring civilian control over military activities. Congressional investigations have been called for to assess the legality and scope of these operations, emphasizing the necessity for transparency and accountability in military information warfare practices[15].

Citations

[1] https://www.law.cornell.edu/constitution/third_amendment
[2] https://constitution.findlaw.com/amendment3.html
[3] https://reagan.blogs.archives.gov/2022/08/04/constitutional-amendments-series-amendment-iii-quartering-of-troops/
[4] https://www.americanacorner.com/blog/bill-of-rights-third-amendment
[5] https://constitutioncenter.org/the-constitution/amendments/amendment-iii/interpretations/123
[6] https://www.cbsnews.com/news/supreme-court-test-public-blocking-users-social-media/
[7] https://www.reuters.com/legal/us-supreme-court-throws-out-rulings-public-officials-blocking-social-media-2024-03-15/
[8] https://www.lawfaremedia.org/article/brief-history-online-influence-operations
[9] https://crsreports.congress.gov/product/pdf/R/R45650
[10] https://www.route-fifty.com/digital-government/2024/03/supreme-court-clarifies-when-public-officials-can-block-citizens-social-media/394989/
[11] https://www.washingtonpost.com/national-security/2022/09/19/pentagon-psychological-operations-facebook-twitter/
[12] https://www.theverge.com/2022/9/19/23360688/pentagon-review-military-influence-operations-social-media
[13] https://www.linkedin.com/pulse/influence-operations-in-depth-study-psychological-niels-groeneveld
[14] https://apps.dtic.mil/sti/pdfs/AD1018557.pdf
[15] https://www.aclu.org/news/free-speech/military-may-be-engaged-illegal-psychological
[16] https://www.washingtonpost.com/opinions/2022/09/20/military-pentagon-fake-social-media/
[17] https://www.cnn.com/2023/05/22/tech/twitter-fake-image-pentagon-explosion/index.html
[18] https://www.washingtonpost.com/national-security/2022/09/19/pentagon-psychological-operations-facebook-twitter/
[19] https://www.scmp.com/news/world/united-states-canada/article/3193235/has-pentagon-been-caught-using-twitter-pro-west
[20] https://www.vice.com/en/article/7kx84b/ai-generated-pentagon-explosion-hoax-twitter