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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15 Responses to Jane Harman Now Targeting Individual CyberTargets with Drone Court

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Emptywheel Twitterverse
emptywheel @davidcnswanson Cmon. They can be spooked by fancy refrigerators, or they can be torturing. This is a less dangerous hobby @rj_gallagher
2mreplyretweetfavorite
emptywheel You forgot your #NotTheOnion hash. RT @rj_gallagher: CIA freaking out about smart refrigerators: http://t.co/WubgFmvSLw
4mreplyretweetfavorite
bmaz @BernardKingIII No, it is a dagger. And might just move the needle to single payer, which they really wouldn't like.
6mreplyretweetfavorite
bmaz @armandodkos @radleybalko Works for me; certainly no good argument to the contrary.
8mreplyretweetfavorite
bmaz @BernardKingIII Well, I still think it will be reversed en banc, but yes, if not, then absolutely stayed.
10mreplyretweetfavorite
bmaz @BernardKingIII And, really, the Admin fix to the problem makes sense; hard to strip benefits already being received. Bet even AMK+JGR agree
15mreplyretweetfavorite
emptywheel @gazoombo Seems to be a vendor-driven event.
16mreplyretweetfavorite
bmaz @radleybalko @armandodkos Perhaps we can all just agree politicians should read and understand bills before voting them into law.
18mreplyretweetfavorite
emptywheel @gazoombo Tacos maybe?
19mreplyretweetfavorite
bmaz @BernardKingIII Agree. For a variety of reasons, still think ACA proponents win this ultimately, my pet peeve is them calling arg meritless
21mreplyretweetfavorite
emptywheel @quinnnorton Was trying to figure out WTF that meant.
21mreplyretweetfavorite
emptywheel @quinnnorton Hmm. Makes sense.
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