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+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
bmaz Really, kind of crude and lumbering in a very disappointing way. Meh.
1hreplyretweetfavorite
bmaz Current status: Test driving a Maserati Quattroporte around the Camelback foothills. Gotta say, it is nice, but not all that impressive.
1hreplyretweetfavorite
JimWhiteGNV Aaron Neville is a terrific singer, but he's remarkably awkward on stage. Can't dance.
2hreplyretweetfavorite
JimWhiteGNV Take us ther, Mavis! http://t.co/O6mARtIzrt
3hreplyretweetfavorite
bmaz @armandodkos ....but then I spent pretty much rest of day in the courthouse and away from anything more. Berman's decision spot on though.
3hreplyretweetfavorite
bmaz @armandodkos Not really. I did this https://t.co/s5jt1B0rID which was, mostly prepackaged w/some quick takes inserted early yesterday....
3hreplyretweetfavorite
bmaz @MasaccioEW Somewhat ironically, think she literally has been a reporter here for about ten days or something; came from, I think, Miami.
3hreplyretweetfavorite
JimWhiteGNV Wow. Over an hour in heat and humidity and Mavis Staples is still belting it. She's 76, y'all.
3hreplyretweetfavorite
JimWhiteGNV Marching the Freedom Highway with Mavis Staples. Wow!
3hreplyretweetfavorite
emptywheel @pourmecoffee He's taking pics this year, too! Was hoping the rise of @JohnDingell Twitter would push @ChuckGrassley to up his game.
4hreplyretweetfavorite
JimWhiteGNV Wow. Music festivals are a lot more fun than horse shows. #EmptyNest
4hreplyretweetfavorite
JimWhiteGNV Mavis Staples powering through some terrific music on stage now. #celebrate450 #Awesome
4hreplyretweetfavorite
February 2013
S M T W T F S
« Jan   Mar »
 12
3456789
10111213141516
17181920212223
2425262728