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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bmaz RT @moorehn: What Obamacare doesn't cover- the little costs that add up. Asthma inhalers and others. http://t.co/vRymBitQYn
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bmaz @gideonstrumpet Hasn't worked so good for Mary Ann Franks.
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bmaz @ColMorrisDavis At least we are consistent, as we also drone execute for Christmas too.
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bmaz @MarkSZaidEsq @BradMossEsq @emptywheel @Thomas_Drake1 Your augment this morning has not displayed that preference.
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emptywheel @zeynep Oh, I like @wunderground's redesign. I find the Graph very useful, even the wind graph.
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bmaz @BradMossEsq Or maybe the accusation is still a load of shit and respect does not not equal agreement.
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bmaz @SunsetGunShot Was it as awesome as it sounds here? http://t.co/my0L8bAY3D Must have been a fun night, I'm jealous.
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bmaz RT @taygogo: Yemeni and Pakistani children killed in drone strikes directly ordered by President Obama in the last 5 years: http://t.co/54r
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bmaz @BradMossEsq @emptywheel @MarkSZaidEsq @Thomas_Drake1 And y'all come w/false dichotomies, disingenuous argument and Beetlejuice!
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emptywheel @MarkSZaidEsq Perhaps. But you'll still have been proven wrong. @bmaz @BradMossEsq @Thomas_Drake1
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bmaz @billmon1 @davidsirota My not so delicate take: http://t.co/XhEZdHp3yO
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bmaz @BradMossEsq @emptywheel @MarkSZaidEsq @Thomas_Drake1 Who the hell said anything about "pardon"? This is just disingenuous argument.
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