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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bmaz @shenebraskan @MonaHol @TyreJim Don't get me wrong, the Ki's life on the whole is not exactly horrible; but grooming day IS hard.
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bmaz Pup is tuckered out. I delivered her at 10:00am and collected her tired ass up at 6:30pm. Detailing is NOT fun for Kiki @MonaHol @TyreJim
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bmaz Hi there @USPS I sent a package to Washington DC via your "service". How can you guarantee it actually go there?
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bmaz @TyreJim No, but there are cryptic, if extrapolated, ties to Maria Von Trapp.
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bmaz Death in the family: One Cry Baby Wah Wah pedal gone, baby gone. After decades of semi-faithful service. cc: @JasonLeopold @TimothyS
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bmaz Doge got her Christmas detailing today. Tired, but feeling pretty, oh so pretty http://t.co/oBFhvAlZNU
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bmaz Son of a bitch; love La Tolteca-----> "Fire badly damages La Tolteca Mexican Foods in Phoenix" http://t.co/Z2TY68I55E via @azcentral
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bmaz @JennyMehlow @randiego2 Pretty sure that was a typo and he meant to say "Huddled in a bedroom with my wife who looks amazing tonight!"
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bmaz @randiego2 Love you guys, hope your holidays are going great. Tonight probably helps a little! @JennyMehlow
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bmaz When the Bolts are Jolting, where is @randiego2 ??
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bmaz BOLTS!! Be Bolting in the Big Bluejean.
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bmaz @onekade No, not every aggravated assault via gunshot is attempted murder, though prosecutors would prob charge that way.
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