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?

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+1Email to someone

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

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
Emptywheel Twitterverse
bmaz @caidid Late night/early mooring Twitter is sparse. Easier for those of us in the west.
6hreplyretweetfavorite
bmaz @nigelduara @jackgillum Ha! Nope, seriously, this was great work.
7hreplyretweetfavorite
bmaz @JimDaniielski @TrialDiariesJ @michaelbkiefer a non-DP 1st degree plea, you are a bigger idiot than you seem. That was the "way" referred to
7hreplyretweetfavorite
bmaz @JimDaniielski @TrialDiariesJ @michaelbkiefer It was an hour and a half you disingenuous twit, and if you don't think you can get LWOP on...
7hreplyretweetfavorite
bmaz @nigelduara @jackgillum Hey, this conversation looks like fun, can I play too? Also, nice work by AP.
7hreplyretweetfavorite
bmaz @JimDaniielski Why don't you go fuck yourself.
7hreplyretweetfavorite
bmaz @JimDaniielski @TrialDiariesJ @michaelbkiefer I admitted I made an inadvertent mistake in haste, get over yourself jerk.
7hreplyretweetfavorite
bmaz @JimDaniielski @TrialDiariesJ @michaelbkiefer I've been practicing criminal law here in AZ for 25+ years. My memory is fine asshole.
7hreplyretweetfavorite
bmaz @JimDaniielski @TrialDiariesJ @michaelbkiefer Hey jerko, I was in a movie theater and typed something on a phone as the movie was starting.
7hreplyretweetfavorite
bmaz @trevortimm Maybe, maybe not. That enhanced offense level from 21 to 23. But could have still been sentenced to the 48 months on a level 21
7hreplyretweetfavorite
bmaz @prosediva It gets better. It has to!
8hreplyretweetfavorite
bmaz @LegallyErin @chrisgeidner Well, you know if they got the local disability judges too... #WhatTheFuckIsWrongInAlabama
8hreplyretweetfavorite
February 2013
S M T W T F S
« Jan   Mar »
 12
3456789
10111213141516
17181920212223
2425262728