Jane Harman Now Targeting Individual CyberTargets with Drone Court

Jane Harman’s advocacy for a drone court suffers from the same problem I touched on here (and will lay out at more length in the next day or so): before you can have a Drone and/or Targeted Killing Court, you need some law the court will apply. Harman seems to envision just applying the standards the Executive — not Congress — came up with, which isn’t how Schoolhouse Rock taught me the government is supposed to work.

Congress, in her model, would just be fully apprised of what goes on in the Drone and/or Targeted Killing Court, not write law to limit what can be approved.

But I’m more interested — alarmed, really — by the way Harman seamlessly adds cybertargeting to her advocacy.

The FISA court, renamed the CT Court, could also oversee drones and cyber. A FISA court application must show that specific individuals are connected to a foreign power – which is defined, in part, as a group engaged in international terrorism. Drone and cyber applications could (1) list the individual/cyber target against whom the lethal operation is directed and (2) submit a finding of probable cause that the individual/cyber target is connected to a foreign power, is in a senior operational capacity and poses an imminent threat of violent attack against the United States.

Approved applications for drone strikes and cyberattacks would need to be renewed after a certain period, and discontinued if evidence is presented that the targets no longer meet the criteria. [my emphasis]

Granted, it would have been nice if the government had had to go to a court to explain why a publisher like WikiLeaks should be targeted with a persistent DNS attack, assuming that’s what happened. But given that both our FISA targeting and our targeting killing targeting probably allow for far too much abuse of the First Amendment, I’m not convinced the FISA Court would have noted the problem with that incident of prior restraint.

More generally, though, isn’t Harman’s neat inclusion of cyber targeting here a hint that our cyberattacks have gone beyond just Iran and WikiLeaks?

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15 Responses to Jane Harman Now Targeting Individual CyberTargets with Drone Court

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JimWhiteGNV Say it ain't so, Joe! @RaysJoeMaddon But thanks for the good times.
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bmaz @chrisgeidner @AnthonyMKreis I dunno, I'm having a hard time seeing the midterms as an impediment at this point.
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JimWhiteGNV @TBTimes_Rays Promote Martinez?
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bmaz Wow, Audi is ditching Le Mans and endurance racing to return to Formula One http://t.co/e3PNFAHEax
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JimWhiteGNV Noooo! RT @TBTimes_Rays: Joe Maddon is leaving #Rays
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bmaz @AnthonyMKreis @chrisgeidner No, but it IS time he gets on with this.
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bmaz @chrisgeidner Maybe Sutton is going to do one of those 5 am Saturday releases.
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bmaz @barrettmarson @FoxNews @genesimmons In fairness, Simmons probably knows as much or more than Donald Trump and Peter King
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JimWhiteGNV RT @HassanRouhani: Heartbroken to hear about the inhuman #AcidAttacks. My heart goes out to the victims & the brave people of #Isfahan. htt…
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bmaz @GregLBean Greg, have you been having any issues getting into Emptywheel blog? We have noticed activity, not sure it is you. Thanks.
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JimWhiteGNV Today would be a very good day to leak the entire Senate Torture Report. Not just the summary, the whole damn thing...
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