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 Twitterverse
emptywheel @weems It's not a party thing. It's partly that much of Congress likes the dragnet. Also they're not sure they have power to fix it.
10mreplyretweetfavorite
emptywheel @weems Not "passed." Issued to forestall Congress doing something, in part. Big surprise Congress hasn't yet tried to rein in use on USPs
13mreplyretweetfavorite
emptywheel @hrprogressive Happened on CSPAN. So anyone who wants proof can find it there.
17mreplyretweetfavorite
emptywheel Rep Paul Broun calls Pakistanis "Pakis" then corrects himself.
18mreplyretweetfavorite
emptywheel @weems And 12333 and NSLs and yes. Bob Litt has EXPLICITLY said he's going to respond to that need and protect everything more invasive.
20mreplyretweetfavorite
emptywheel When Olsen says difficult to discern what happens in Syria, remember categories don't try to. Travel to Syria & you're classed as terrorist
22mreplyretweetfavorite
emptywheel Is Matt Olsen going to treat every country that enslaves women as terrorists?
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emptywheel @weems Depends on where it is. Much of it IS public. FBI uses contractors to go into fora. Use 215 to get URL searches. So usu it's not
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emptywheel RT @NicoleOzer: New blog by me- emails @ACLU_NorCal got show Harris Corp misleads FCC about Stingrays- says only for emergency use. https:…
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emptywheel @joshgerstein Sure, but given how the no fly works, they've succeeded in doing so. Even before Sharif Mobley treatment. @RepPeteKing
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emptywheel Welp. Khorasan group has all the markings of deliberate laundering to the press. But then that makes sense.
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