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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emptywheel Just got out of my Delorean to discover everyone talking about Star Wars and the anti-Clinton Noise Machine's one setting off full burn.
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bmaz @_JGR There are some deep pathological problems in MO. Jeebus.
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bmaz Yep, the diamond thief was "The Phantom" aka Sir Charles Litton https://t.co/4vefHFxmF3
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bmaz @_JGR @espinsegall No no, we may have to join forces in St. Louis soon!
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bmaz @espinsegall And by bogus I mean putrid tax based rationale as opposed to just voting for the mandate. It was horrid "win" tho it was a win
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bmaz @espinsegall You are arguing that AMK voted how he did because of Volokh? Bollocks. Only vote maybe changed was cowing JGR into bogus ruling
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emptywheel @TeresaKopec Right. Gen X culture may generally suck ass, but goddamnit, Star Wars is ours.
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JimWhiteGNV There are no more almond bear claws in the house. While I am basking in the glow of the one just finished, I already sense coming panic.
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emptywheel @TeresaKopec See, there's GOT to be a different word for 20 yo's excitement for Star Wars. What did they call it when we discovered the 60s?
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JimWhiteGNV @emptywheel Speaking of screen captures...
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JimWhiteGNV RT @DailySnark: BREAKING: Tim Tebow text inbox leaks after signing with Eagles... http://t.co/yBJI5KNDin
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emptywheel Fly United: Where we guarantee that people who can help us improve our security won't get near our planes.
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