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 TwitterShare on Reddit0Share on Facebook0Google+2Email 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
emptywheel @daveweigel Yes and its awful.
5mreplyretweetfavorite
emptywheel So apparently the Producer on this reality show kicked out the girl to make room for the blowhard to come back.
14mreplyretweetfavorite
bmaz @maxicat12 @jayrosen_nyu Never on Facebook, can't stand it. And not crazy about most changes to Twitter, but its still quite usable for now
28mreplyretweetfavorite
emptywheel @Atrios And you figured that out bc of your analytical genius? Or spent just enough time in London and Spain?
34mreplyretweetfavorite
emptywheel @Atrios I know. But what cured your neoliberalism? Getting out of grad school, or getting out of Econ altogether?
38mreplyretweetfavorite
emptywheel And because Rick Snyder handpicked EM made a fuckup that has cost MI ~$40M + $30M more, he blames Barack Obama. https://t.co/GecPIQhxmN
39mreplyretweetfavorite
bmaz @maxicat12 @jayrosen_nyu I assume it would be a preference, similar to location on or off. But who knows?
40mreplyretweetfavorite
emptywheel According to Snyder he has had to spend $67.35M (tho $30M hasn't been approved) to make up for his fuckup in Flint. https://t.co/ZjpFLQrMn3
40mreplyretweetfavorite
emptywheel @Atrios What cured you?
43mreplyretweetfavorite
emptywheel This is hearing where Clapper usu tells a lie (where he said USG doesn't wittingly collect on millions of USPs) https://t.co/UWCQYlDb0H
45mreplyretweetfavorite
emptywheel @RossleRed Pretty sure I was told by admin people at UM those two buildings were built to deter protestors, assume 3rd is the same.
48mreplyretweetfavorite
February 2013
S M T W T F S
« Jan   Mar »
 12
3456789
10111213141516
17181920212223
2425262728