Tournament: UTD | Round: 5 | Opponent: Kansas KS | Judge: Matt Moore
Plan
The United States federal government should increase restrictions on the targeted killing and indefinite detention war powers authorities granted to the President of the United States by Public Law 107-40 and modified by the 2012 National Defense Authorization Act by limiting the targets of those authorities to al-Qaeda, the Taliban, or those nations, organizations, or persons who enjoy close and well-established collaboration with al-Qaeda or the Taliban.
Adv. 1 Terrorism
US is losing the War on Terrorism due to the proliferation of extra-AUMF Al Qaeda affiliates
Kagan, 13
Frederick W., Christopher DeMuth Chair and Director, Critical Threats Project, American Enterprise Institute, “The Continued Expansion of Al Qaeda Affiliates and their Capabilities”, Statement before the House Committee on Foreign Affairs  Subcommittee on Terrorism, Nonproliferation, and Trade  On “Global al-Qaeda: Affiliates, Objectives, and Future Challenges”, 7/18/13, http://www.criticalthreats.org/al-qaeda/kagan-continued-expansion-al-qaeda-affiliates-capabilities-july-18-2013, BJM

The war against al Qaeda is not going well. Afghanistan has seen the most
AND
former while observing the latter to ensure that they do not change course.  
Current AUMF ambiguity undermines effective counter-terrorism efforts against affiliates
Chesney et al. ‘13
Robert Chesney is a ¶ professor at the University ¶ of Texas School of Law, a ¶ nonresident senior fellow ¶ of the Brookings Institution, ¶ and a distinguished scholar ¶ at the Robert S. Strauss ¶ Center for International ¶ Security and Law. He is a ¶ cofounder and contributor to ¶ the Lawfare Blog and writes ¶ frequently on topics relating ¶ to US counterterrorism ¶ policy and law. Jack Goldsmith is the Henry ¶ L. Shattuck Professor of ¶ Law at Harvard Law School ¶ and a member of the Hoover ¶ Institution’s Jean Perkins ¶ Task Force on National ¶ Security and Law. He served ¶ in the Bush administration as ¶ assistant attorney general, ¶ Office of Legal Counsel, from ¶ 2003 to 2004 and as special ¶ counsel to the general ¶ counsel from 2002 to 2003. Matthew C. Waxman ¶ is a professor of law at ¶ Columbia Law School, ¶ an adjunct senior fellow ¶ at the Council on Foreign ¶ Relations, and a member ¶ of the Hoover Institution’s ¶ Jean Perkins Task Force ¶ on National Security and ¶ Law. He previously served ¶ in senior positions at the ¶ State Department, Defense ¶ Department, and National ¶ Security Council. Benjamin Wittes is a senior ¶ fellow in governance ¶ studies at the Brookings ¶ Institution, a member of ¶ the Hoover Institution’s ¶ Jean Perkins Task Force ¶ on National Security and ¶ Law, and the editor in chief ¶ of the Lawfare Blog. Jean Perkins Task Force on National Security and Law. http://media.hoover.org/sites/default/files/documents/Statutory-Framework-for-Next-Generation-Terrorist-Threats.pdf ETB

The September 2001 AUMF provides for the use of force against the entity ¶ responsible
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should ¶ do anything about this situation, and if so precisely what.
We’re at a turning point- the US must pivot to address the threat from al Qaeda affiliates. Congressional action is key because it provides legitimacy that induces public support for counter terrorism and international cooperation against terrorism
Wainstein ‘13
STATEMENT OF ¶ KENNETH L. WAINSTEIN, PARTNER ¶ CADWALADER, WICKERSHAM and TAFT LLP ¶ BEFORE THE ¶ COMMITTEE ON FOREIGN RELATIONS ¶ UNITED STATES SENATE ¶ CONCERNING ¶ COUNTERTERRORISM POLICIES AND PRIORITIES: ¶ ADDRESSING THE EVOLVING THREAT ¶ PRESENTED ON ¶ MARCH 20, 2013. http://www.foreign.senate.gov/imo/media/doc/Wainstein_Testimony.pdf ETB

It has recently become clear, however, that the Al Qaeda threat that occupied
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is so critical to the success of our combined efforts against international terrorism.

Turning the tide is critical – al-Qaeda affiliates pose a high risk of nuclear and biological terrorism

Allison, IR Director @ Harvard, 12
Graham, Director, Belfer Center for Science and International Affairs; Douglas Dillon Professor of Government, Harvard Kennedy School, "Living in the Era of Megaterror", Sept 7, http://belfercenter.ksg.harvard.edu/publication/22302/living_in_the_era_of_megaterror.html. BJM

Forty years ago this week at the Munich Olympics of 1972, Palestinian terrorists conducted
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the eye can see, we will live in an era of megaterror.

Nuclear terrorism causes nuclear escalation –retaliation goes global, it’s highly likely and rapid

Morgan 09
(Professor of Foreign Studies at Hankuk University, Dennis Ray, December, “World on fire: two scenarios of the destruction of human civilization and possible extinction of the human race” Futures, Vol 41 Issue 10, p 683-693, ScienceDirect)

In a remarkable website on nuclear war, Carol Moore asks the question “Is
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those steps and start through the accidental or reckless use of strategic weapons.

High risk of nuke terror
Vladimir Z. Dvorkin ‘12 Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences.  The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html
Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences
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a common understanding of these threats and develop a strategy to combat them.

Bioattack causes extinction

Steinbrenner 97
(John D. Steinbrenner, Brookings Senior Fellow, 1997, Foreign Policy, "Biological weapons: a plague upon all houses," Winter, InfoTrac)

Although human pathogens are often lumped with nuclear explosives and lethal chemicals as potential weapons
AND
this might be, since there is no way to measure it reliably. 

New gene manipulation takes out their defense

MSNBC 2011
(“Clinton warns of bioweapon threat from gene tech,” pg online @ http://www.msnbc.msn.com/id/45584359/ns/… “For an international verification system — akin to that for nuclear weapons — saying it is too complicated to monitor every lab's activities.”)

GENEVA — New gene assembly technology that offers great benefits for scientific research could also
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saying it is too complicated to monitor every lab's activities around the world.

Adv. 2 Firebreaks
The AUMF will inevitably expire in the squo – updating the authorization is key to prevent a limitless War on Terror based on article 2 and self-defense justifications that undermine US legitimacy and erode the global firebreak against use of force

Barnes ‘12
Beau, J.D., Boston University School of Law (expected May 2013); M.A. in Law and ¶ Diplomacy (expected May 2013), The Fletcher School of Law and Diplomacy at Tufts ¶ University; B.A., 2006, Lewis and Clark College. Military law Review vol. 221. https://www.jagcnet.army.mil/DOCLIBS/MILITARYLAWREVIEW.NSF/0/b7396120928e9d5e85257a700042abb5/$FILE/By20Beau20D.20Barnes.pdf ETB

The AUMF must inevitably expire because it is expressly linked to the September 11,
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the continued successful targeting of Al Qaeda members, is rapidly approaching zero.
We control terminal impact uniqueness - war taboo strong and effective now. Norms prevents miscalc and escalation
Beehner, 12
Council on Foreign Relations senior writer; Truman National Security Project fellow
Lionel, "Is There An Emerging ‘Taboo’ Against Retaliation?" The Smoke Filled Room, 7-13-12, thesmokefilledroomblog.com/2012/07/13/is-there-an-emerging-taboo-against-retaliation/, accessed 9-22-13,  

The biggest international news in the quiet months before 9/11 was the collision
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hostilities. To do otherwise would be a violation of this existing norm.
Specifically, erosion of the use of force taboo triggers nuclear conflict between India and Pakistan and China and Taiwan
Obayemi, 6
East Bay Law School professor Olumide, admitted to the Bars of Federal Republic of Nigeria and the State of California, Golden Gate University School of Law, "Article: Legal Standards Governing Pre-Emptive Strikes and Forcible Measures of Anticipatory Self-Defense Under the U.N. Charter and General International Law," 12 Ann. Surv. Int'l and Comp. L. 19, l/n, accessed 9-19-13,  

The United States must abide by the rigorous standards set out above that are meant
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. This is the essence of the preamble to the United Nations Charter.
Indo-Pak nuclear war causes extinction
Starr ’11
(Consequences of a Single Failure of Nuclear Deterrence by Steven Starr February 07, 2011      * Associate member of the Nuclear Age Peace Foundation     * Senior Scientist for PSR)

Only a single failure of nuclear deterrence is required to start a nuclear war,
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the currently operational and deployed U.S. and Russian nuclear forces. 

So does China-Taiwan
Straits Times 2k
(6-25, Lexis, No one gains in war over Taiwan)

THE DOOMSDAY SCENARIO THE high-intensity scenario postulates a cross-strait war escalating
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cannot be ruled out entirely, for China puts sovereignty above everything else.

Solvency
Action to clearly define the enemy restricts the executive scope of the AUMF while preserving presidential flexibility and the joint decision-making capabilities
Cronogue ‘12
Graham. Duke University School of Law, J.D. expected 2013; University of North Carolina B.A. 2010. 22 Duke J. Comp. and Int'l L. 377 2011-2012. ETB

The AUMF must be updated. In 2001, the AUMF authorized force to ¶
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those nations that present the greatest threat to the United States ¶ today.

Obama will adhere to the plan- wants to rely on congressional authority

WSJ ‘12
Julian Barnes and Evan Perez. December 6. http://online.wsj.com/article/SB10001424127887323316804578163724113421726.html ETB

Obama administration officials, concerned about the legal justifications behind counterterrorism operations, have preferred to rely on congressional authority for the use of force against al Qaeda, seeing such authority as more defensible and acceptable to allies.

Tournament: Kentucky | Round: 1 | Opponent: George Washington AS | Judge: Al Hiland

1AC - Arms Races

Contention 1 is Arms Races

The cyber arms race is accelerating — major attacks are inevitable this year — the best data proves

Goldman 13 
CNN Writer, Nations Prepare for Cyberwar, http://money.cnn.com/2013/01/07/technology/security/cyber-war/index.html

Security analysts are predicting that 2013 is when nation-sponsored cyberwarfare goes mainstream —
AND
are particularly vulnerable, according to numerous assessments delivered to Congress last year.

Specifically, OCOs drive arms races and retaliation

Moss 13
Columnist at The Diplomat Trefor Moss is an independent journalist based in Hong Kong. He covers Asian politics, defence and security, and was Asia-Pacific Editor at Jane’s Defence Weekly until 2009, Is Cyber War the New Cold War?, 4/19/13, http://thediplomat.com/2013/04/19/is-cyber-war-the-new-cold-war/2/

Although setting up a cybersecurity working group with China, Washington has also signaled it
AND
, the risk of it spilling over into kinetic hostilities will only grow.

Cyber arms race causes world war

there are no checks on escalation, deterrence doesn’t apply, and only a certain commitment to the plan solves
CSM 11 
Christian Science Monitor
(3/7, Mark Clayton, The new cyber arms race, www.csmonitor.com/USA/Military/2011/0307/The-new-cyber-arms-race)

The new cyber arms race Tomorrow’s wars will be fought not just with guns,
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use of cyberattack is ill-formed, undeveloped, and highly uncertain."

Congressional constraints of OCOs are key to solve nuclear war

arms-racing, command and control hacking, crisis instability, and fracturing nuclear agreements
Austin, 8/6 
Director of Policy Innovation at the EastWest Institute, Costs of American Cyber Superiority, http://www.chinausfocus.com/peace-security/costs-of-american-cyber-superiority/

The United States is racing for the technological frontier in military and intelligence uses of
AND
be every bit as reasonable given their anxiety about unconstrained American cyber superiority.

Cyberwar escalates:

A) Speed, scope, and spoofing

Clarke and Knake ’12 
(Richard (former National Coordinator for Security, Infrastructure Protection, and Counter-terrorism for the United States) and Robert (Cybersecurity and homeland security expert at the Council on Foreign Relations), Cyber War: The Next Threat to National Security and What to Do About It, Harper Collins Books, 2012, RSR)

In our hypothetical exercise, the Chinese response aimed at four U.S.
AND
.¶ But what about collateral damage in the country that is being targeted?

b) Pressure to retaliate

Owens et al 9
(William A. Owens, as an Admiral in the United States Navy and later Vice Chairman of the Joint Chiefs of Staff, Kenneth W. Dam, served as Deputy Secretary of the Treasury from 2001 to 2003, where he specialized in international economic development, Herbert S. Lin, Senior Scientist and Study, "Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities" 4/27/2009, http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf, KB)

But in many kinds of cyberattack, the magnitude of the impact of the ¶
AND
. Such a situation has ¶ obvious potential for inappropriate and unintended escalation.

1AC - Alliances

Contention 2 is Alliances

Congressional restrictions necessary for allied cooperation— restoring legitimacy to OCOs is key to cyber coalitions

Dunlap 12
Major General and Former Deputy Judge Advocate General (Lawless Cyberwar? Not If You Want to Win, www.americanbar.org/groups/public_services/law_national_security/patriot_debates2/the_book_online/ch9/ch9_ess2.html)

Military commanders have seen the no-legal-limits movie before and they do
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impact on coalition support that the mere perception of American lawlessness can have.

The small concession of the plan is key — it increases key flexibility and secures cyberspace

Lord et al 11 
Vice President and Director of Studies at the Center for a New American Security
(Kristin M., Travis Sharp is the Bacevich Fellow at the Center for a New American Security. Joseph S. Nye, Jr. is University Distinguished Service Professor at the Kennedy School of  
Government at Harvard University. Mike McConnell is Executive Vice President of Booz Allen Hamilton and former Director of  National Intelligence and Director of the National Security Agency. Gary McGraw is Chief Technology Officer of Cigital, Inc., a software security consultancy, and  author of eight books on software security. Nathaniel Fick is Chief Executive Officer of the Center for a New American Security. Thomas G. Mahnken is Jerome E. Levy Chair of Economic Geography and National Security  at the U.S. Naval War College and a Visiting Scholar at the Johns Hopkins School of Advanced  International Studies. Gregory J. Rattray is a Partner at Delta Risk LLC and Senior Vice President for Security at BITS, the  technology policy division of The Financial Services Roundtable. Jason Healey is Director of the Cyber Statecraft Initiative at the Atlantic Council and Executive  Director of the Cyber Conflict Studies Association. Martha Finnemore is Professor of Political Science and International Affairs at The George  Washington University. David A. Gross is a Partner at Wiley Rein LLP and a former Ambassador and Coordinator for  International Communications and Information Policy at the State Department. Nova J. Daly is a Public Policy Consultant at Wiley Rein LLP and former Deputy Assistant Secretary  for Investment Security in the Office of International Affairs at the Treasury Department. M. Ethan Lucarelli is an Associate at Wiley Rein LLP. Roger H. Miksad is an Associate at Wiley Rein LLP. James A. Lewis is a Senior Fellow and Director of the Technology and Public Policy Program at the  Center for Strategic and International Studies. Richard Fontaine is a Senior Fellow at the Center for a New American Security. Will Rogers is a Research Associate at the Center for a New American Security. Christopher M. Schroeder is an Internet entrepreneur, Chief Executive Officer of HealthCentral.com  and a member of the Center for a New American Security’s board of advisors. Daniel E. Geer, Jr. is Chief Information Security Officer of In-Q-Tel, the independent investment firm  that identifies innovative technologies in support of the missions of the U.S. intelligence community. Robert E. Kahn is President and Chief Executive Officer of the Corporation for National Research  Initiatives and co-inventor of the TCP/IP protocol that is the foundation of the modern Internet. Peter Schwartz is Co-Founder and Chairman of Global Business Network and a member of the  Center for a New American Security’s board of directors, "America’s Cyber Future Security and Prosperity in the Information Age volume I" June 2011, http:// www.cnas.org/files/documents/publications/CNAS_Cyber_Volume20I_0.pdf)

The United States should lead a broad, multi-stakeholder international cyber security coalition
AND
in a way that defends the nation without subverting what it stands for. 

Status quo cyber doctrine undermines US credibility

Lawson ’10
~Sean Lawson is an assistant professor in the Department of Communication at the University of Utah. His research focuses on the relationships among science, technology, and the development of military theory and discourse, in particular the intersections of national security and military thought with new media, information, and communication technologies.¶ http://www.forbes.com/sites/firewall/2010/05/13/offensive-cyberwar-operations-as-communication/ ETB~

What’s more, John Arquilla has advocated taking offensive action against terrorist websites, and
AND
the most is the marketplace of ideas?  Etc., etc., etc.

Alliances prevent nuclear war—-key to burden sharing

Douglas Ross 99 is professor of political science at Simon Fraser University, Winter 1998/1999, Canada’s functional ¶ isolationism and the future of weapons of mass destruction, International Journal, p. lexis
Thus, an easily accessible tax base has long been available for spending much more
AND
world community have any plausible hope of avoiding warfare involving nuclear or other WMD

Coalition building key to solve extinction

Joseph Nye 8 is professor of international relations at Harvard University, "American Power After the Financial Crises," http://www.foresightproject.net/publications/articles/article.asp?p=3533, DOA: 7-23-13, y2k
Power always depends on context, and in today’s world, it is distributed in
AND
even the largest country cannot achieve its aims without the help of others.

Legitimacy is key to band-wagon

Lee 10
Lavina Rajendram Lee 10 is a lecturer in the Department of Modern History, Politics and International Relations at Macquarie University, Australia, and has a PhD in International Relations from the University of Sydney. "US Hegemony and International Legitimacy," 1-25-10, http://www.routledge.com/books/details/9780415552363/, Accessed date: 11-7-12 y2k

This book examines US hegemony and international legitimacy in the post-Cold War era
AND
rehabilitate the global leadership credentials of the United States under the Obama Administration. 

Chinese anti-access capabilities critically depend on cyber — allied cooperation is key to counter them

Kazianis 12 
Assistant Editor for The Diplomat and a non-resident fellow at the Pacific Forum
(Harry, "A Plea for an Alliance-Based ’AirSeaCyber’ Joint Operational Concept" July 17, 2012, http://rpdefense.over-blog.com/article-a-plea-for-an-alliance-based-airseacyber-joint-operational-concept-108240342.html)

In Pacific Forum’s PacNet ~#41 issue, Mihoko Matsubara correctly asserts that "countering
AND
create a strong force multiplier effect and should be considered a top priority.

China’s rapidly modernizing its military for an A2AD strategy — that fuels territorial disputes

RTT 13 
China’s Anti-access And Area-denial Capabilities Bolstered: Pentagon Report, http://www.rttnews.com/2111200/china-s-anti-access-and-area-denial-capabilities-bolstered-pentagon-report.aspx

A new report of the U.S. Defense Department says that China is
AND
and has other territorial disputes with regional neighbors in the South China Sea.

PLA doctrine proves Chinese aggression against Taiwan and the South China Sea are inevitable — A2AD is the linchpin of this capability

Yoshihara 10 
(Dr. Toshi Yoshihara, Associate Professor in the Strategy and Policy Department at the Naval War College, former Visiting Professor at the U.S. Air War College, Ph.D. International Relations, The Fletcher School of Law and Diplomacy, Tufts University, M.A. International Relations, School of Advanced International Studies, Johns Hopkins University, B.S. International Relations, School of Foreign Service, Georgetown University, "Chinese Missile Strategy and the U.S. Naval Presence in Japan: The Operational View from Beijing," Naval War College Review, 7-1-2010, (... denotes non-US-ASCII text omitted) http://www.faqs.org/periodicals/201007/2046727461.html) 

In recent years, defense analysts in the United States have substantially revised their estimates
AND
which China might seek to conduct conventional missile operations against outside intervention.43 

Taiwan crisis is imminent and causes nuclear war

Colby et al 13 
Elbridgc A. Colby. cochair, is a principal analyst and drvison lead for global strategic affairs at the Center for Naval Analyses (CNA). where he focuses on strateg deterrence, nuclear weapons, and related issues. Previously, he served as policy adviser to the secretary of defense’s representative for the new Strategic Arms Reduction Treaty, as an expert adviser to the Congressional Strategic Posture Commission, as a staff member on the President’s Commission on the Intdhgcnce Capa biLities of the US. Regarding WMD. and in a number of other government positions. Mr. Colby also serves or has served as a consultant to a number of U.S government bodies. He publishes and speaks regularly on strategic issues in the United States. Europe, and Asia. Mr. Colby is a graduate of Harvard College and Yale Law School and is a member of the Council on Foreign Rdations (term) and of the International Institute of Strategic Studies Abraham M. Denmark. cochair. is vice president for political and security affairs at the National Bure-au of Asian Research (NBR) and is an Asia-Pacific security adviser at the Center for Naval Analyses. He manages NBR research programs, dialogues, projects, and initiatives reLated to po. litical and security issues in the Asia-Pacific region. He has experience both inside and outside of government, having previously worked as a fellow at the Center for a New American Security and as country director for China affairs in the Office of the Secretary of Deknse. Mr. Denmark holds an MA. in international security from the Josef Korbel Schoel of International Studies at the University of Denver and has studied at China’s Foreign Atfairs University and Peking Universit, Nuclear Weapons and U.S.-China Relations, http://csis.org/files/publication/130307_Colby_USChinaNuclear_Web.pdf

Taiwan.  Taiwan remains the single most plausible and dangerous source of tension and conflict
AND
of U.S. defense commitments in the Asia-Pacific region.

So does conflict over the South China Sea

Rehman 13 
Stanton Nuclear Security Fellow, Iskander Rehman was an associate in the Nuclear Policy Program at the Carnegie Endowment and a Stanton Nuclear Security Fellow. His research focuses on security and crisis stability in Asia, specifically the geopolitical ramifications of naval nuclearization in the Indian Ocean, 3/9/13, Dragon in a Bathtub: Chinese Nuclear Submarines and the South China Sea, http://carnegieendowment.org/2013/03/09/dragon-in-bathtub-chinese-nuclear-submarines-and-south-china-sea/fpjl

Despite America’s best efforts to construct stronger ties with China, relations in-between
AND
is also rapidly morphing into one of the world’s most sensitive nuclear hotspots.

Their defense doesn’t apply

Chinese fear of US cyber unilateralism means escalation is probable

VornDick 7/30/12
~Wilson VornDick is a lieutenant commander in the U.S. Navy, where he is assigned to the Pentagon. Previously, he worked at the Chinese Maritime Studies Institute at the U.S. Naval War College. http://nationalinterest.org/commentary/the-real-us-chinese-cyber-problem-8796?page=1 ETB~

Yet, Chinese media reports have filled some of the void with regards to ROE
AND
of action than its professed desire to conduct only defensive and nonaggressive operations.

Cyber stimulates risk taking and lowers conflict inhibition

Dobbins et al. ’11
~Ambassador James F. Dobbins, a veteran diplomat and the current director of the RAND International Security and Defense Policy Center as well the US special representative for Afghanistan and Pakistan. David C. Gompert was Principal Deputy Director of National Intelligence from 2009 to 2010. During 2010, he served as Acting Director of National Intelligence, in which capacity he provided strategic oversight of the U.S. Intelligence Community, and acted as the President’s chief intelligence advisor. Gompert is currently Distinguished Visiting Professor for National Security Studies at the United States Naval Academy, and Adjunct Senior Fellow of the RAND Corporation. He is a Trustee of Hopkins House Academy, a Director of the Rufus Porter Museum, a Director of Global Integrated Security (USA), Inc., a member of the Advisory Board of the Naval Academy Center for Cyber Security Studies, and Chairman of the Advisory Board of the Institute for the Study of Early Childhood Education. David A. Shlapak, Senior International Policy Analyst @ RAND. Andrew Scobell is a senior political scientist at the RAND Corporation. Prior to this he was an associate professor of international affairs at the George H. W. Bush School of Government and Public Service (with tenure) and director of the China certificate program at Texas AandM University in College Station, Texas. From 1999 until 2007, he was associate research professor in the Strategic Studies Institute at the U.S. Army War College and adjunct professor of political science at Dickinson College. http://www.rand.org/content/dam/rand/pubs/occasional_papers/2011/RAND_OP344.pdf ETB~

The difficulties of direct defense could be greatly accelerated by Chinese development and ¶ use
AND
pace in quality if not quantity with Chinese advances in the military field.

1AC – Plan

The United States federal government should substantially increase restrictions on the war powers authority of the president of the United States by removing the authority to authorize the preemptive use of large-scale cyber-attacks, except in direct support of authorized United States military operations.

1AC – Solvency

Contention 3 is solvency

First, norm-setting — all eyes are on the U.S. —other countries model our use of OCOs — clear restrictions on use are essential

Bradbury 11
Assistant Attorney General for the Office of Legal Counsel
(Steven, The Developing Legal Framework for Defensive and Offensive Cyber Operations, http://harvardnsj.org/wp-content/uploads/2011/02/Vol.-2_Bradbury_Final1.pdf)

Evolving customary law. This approach also accommodates the reality that how the U.
AND
norms. I think that’s the way we should want it to work.

Norms are essential to solve — they can’t be created unless OCOs are addressed

Goldsmith 10
, Professor of Law at Harvard, Can we stop the Cyber Arms Race, Jack Goldsmith teaches at Harvard Law School and is on the Hoover Institution’s Task Force on National Security and Law. He was a member of a 2009 National Academies committee that issued the report "Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities.", http://articles.washingtonpost.com/2010-02-01/opinions/36895669_1_botnets-cyber-attacks-computer-attacks

In a speech this month on "Internet freedom," Secretary of State Hillary Clinton
AND
arms race in an arena where the offense already has a natural advantage.

It’s reverse causal — lack of norms guarantee escalatory conflict — the U.S. is key

Lewis 11
Senior Fellow at CSIS (James Andrew, Confidence-building and international agreement in cybersecurity, citizenlab.org/cybernorms2012/Lewis2011.pdf)

Alternatives to a formal cyber treaty began to appear as early as 2008. Rejecting
AND
which states might concede a degree of sovereignty in exchange for greater security.

Second it solves perception — Congressionally initiated restriction is necessary to reverse the signal of independent presidential authority— now is key

Dycus 10 
Professor of National Security Law Stephen is a Professor of national security law at Vermont Law School, former member of the National Academies committee on cyber warfare, LLM, Harvard University, LLB, BA, Southern Methodist University, "Congress’ Role in Cyber Warfare," Journal of National Security Law and Policy, 4(1), 2010, p.161-164, http://www.jnslp.com/read/vol4no1/11_Dycus.pdf

In his celebrated concurring opinion in The Steel Seizure Case, Justice Jackson cautioned that
AND
in order to be able to participate in the formulation of national policy.

Congressional restrictions on OCOs send a global signal of cyber leadership that solves reckless use of OCOs

Bastby 12 
Chairwoman of the American Bar Association’s Privacy and Computer Crime Committee (Judy, CEO of Global Cyber Risk, "U.S. Administration’s Reckless Cyber Policy Puts Nation at Risk" June 4, 2012, http://www.forbes.com/sites/jodywestby/2012/06/04/u-s-administrations-reckless-cyber-policy-puts-nation-at-risk/2/) 

Perhaps more important than being out of the cyber coordination loop, is the how
AND
put our nation at risk and demonstrates cyber irresponsiblity, not cyber leadership.

Congress must initiate the restriction — anything else is perceived as abdication

Hansen and Friedman 9 
Professors at the New England School of Law, (Victor and Lawrence, The Case for Congress: Separation of Powers and the War on Terror, p.130)

The problem, of course, is that much of this congressional involvement has come
AND
more difficult for Congress to stand up to an assertive and aggressive president.

Tournament: UMKC | Round: 1 | Opponent: Washburn | Judge: Scott Elliot

1AC

Plan

The United States federal government should substantially increase statutory restrictions on the war powers authority of the President of the United States by banning the preemptive use of large-scale cyber-attacks, except in direct support of congressionally authorized United States military operations.

Adv 1 - Preemption

Advantage 1 is Preemption

Status quo offensive cyber operations by the US has set a precedent that is being modeled by other countries – leads to prolif and diffusion of cyber weapons to third parties
Gjelten 13
(Tom Gjelten, correspondent for NPR, "Pentagon Goes On The Offensive Against Cyberattacks" February 11, 2013, http://www.npr.org/2013/02/11/171677247/pentagon-goes-on-the-offensive-against-cyber-attacks-http://www.npr.org/2013/02/11/171677247/pentagon-goes-on-the-offensive-against-cyber-attacks, KB)

With the Pentagon now officially recognizing cyberspace as a domain of warfare, U.
AND
officials ... have given speeches and spoken at conferences and other public events."

Cyber prolif will be rapid- low barriers of entry and use of proxies

Walsh 11
(Eddie Walsh, The Diplomat’s Pentagon (accredited) correspondent and a WSD-Handa Fellow at Pacific Forum CSIS, "The Cyber Proliferation Threat" October 6, 2011, http://thediplomat.com/new-leaders-forum/2011/10/06/the-cyber-proliferation-threat/-http://thediplomat.com/new-leaders-forum/2011/10/06/the-cyber-proliferation-threat/, KB)

The United States might not be quite as far ahead of other nations in terms
AND
number of potential targets is almost infinite and not limited by geography.’

Proliferation of cyber weapons to terrorists causes nuclear great power wars

Fritz 9
Researcher for International Commission o  n Nuclear Nonproliferation and Disarmament ~Jason, researcher for International Commission on Nuclear Nonproliferation and Disarmament, former Army officer and consultant, and has a master of international relations at Bond University, "Hacking Nuclear Command and Control," July, http://www.icnnd.org/latest/research/Jason_Fritz_Hacking_NC2.pdf-http://www.icnnd.org/latest/research/Jason_Fritz_Hacking_NC2.pdf~~

This paper will analyse the threat of cyber terrorism in regard to nuclear weapons.
AND
its own, without the need for compromising command and control centres directly.  

And independently, cyber preemption escalates to war

Clarke 2009
(Richard Clarke, special adviser to the president for cybersecurity in the George W. Bush administration and chairman of Good Harbor Consulting, November/December 2009, "War from Cyberspace," The National Interest, http://web.clas.ufl.edu/users/zselden/coursereading2011/Clarkecyber.pdf)
As in the 1960s, the speed of war is rapidly accelerating. Then,
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. Thus, the nation attacked might well respond with "kinetic activity."

Plan solves- 

A) It provides international credibility that creates stables norms for deterring preemptive use

Clarke and Knake ’12 (Richard (former National Coordinator for Security, Infrastructure Protection, and Counter-terrorism for the United States) and Robert (Cybersecurity and homeland security expert at the Council on Foreign Relations), Cyber War: The Next Threat to National Security and What to Do About It, Harper Collins Books, 2012, RSR)
Balancing our desire for military flexibility with the need to address the fact that cyber
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the conflict might thus be undermined and the potential for international sanctions increased.

B) US norms against preemptive cyberattacks reverses cyber weapons prolif

Goldsmith 10
Jack Goldsmith, teaches at Harvard Law School and is on the Hoover Institution’s Task Force on National Security and Law. He was a member of a 2009 National Academies committee, "Can we stop the cyber arms race?" February 01, 2010, http://articles.washingtonpost.com/2010-02-01/opinions/36895669_1_botnets-cyber-attacks-computer-attacks-http://articles.washingtonpost.com/2010-02-01/opinions/36895669_1_botnets-cyber-attacks-computer-attacks, KB)

In a speech this month on "Internet freedom," Secretary of State Hillary Clinton
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it might clamp down on in exchange for reciprocal concessions by our adversaries.

Adv 2 - Tradeoff

Advantage 2 is Tradeoff

Cyber attack is highly like in the squo- actors are probing grid weaknesses

Reed ’12 John, Reports on the frontiers of cyber war and the latest in military technology for Killer Apps at Foreign Policy, "U.S. energy companies victims of potentially destructive cyber intrusions", 2012, killerapps.foreignpolicy.com/posts/2012/10/11/us_energy_companies_victims_of_potentially_destructive_cyber_attacks
Foreign actors are probing the networks of key American companies in an attempt to gain
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power plants infected by Stuxnet very far away from Iran," Kaspersky said.

Current preemptive OCO policy creates priority confusion and drains cyber-defense resources
Healey ’13
~Jason Healey is director of the Cyber Statecraft Initiative at the Atlantic Council. http://www.usnews.com/opinion/blogs/world-report/2013/03/08/clandestine-american-strategy-on-cyberwarfare-will-backfire-http://www.usnews.com/opinion/blogs/world-report/2013/03/08/clandestine-american-strategy-on-cyberwarfare-will-backfire ETB~

America’s generals and spymasters have decided they can secure a better future in cyberspace through
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not only reduces resources dedicated for defense but overtakes other priorities as well.

Focus on preemptive cyber-attack capability trades off with fixing critical cyber vulnerabilities

Rid 2/4
~Thomas Rid is a reader at the Department of War Studies, King’s College London. 2013, http://www.newrepublic.com/article/112314/obama-administrations-lousy-record-cyber-security~~23-http://www.newrepublic.com/article/112314/obama-administrations-lousy-record-cyber-security ETB~

But the rhetoric of war doesn’t accurately describe much of what happened. There was
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, the Cybersecurity Act of 2012, has stalled indefinitely in the Senate.

Military focus on offense spills over the private sector

Gjelten, 13
(Tom, correspondent for NPR, "First Strike: US Cyber Warriors Seize the Offensive", Jan/Feb, www.worldaffairsjournal.org/article/first-strike-us-cyber-warriors-seize-offensive-http://www.worldaffairsjournal.org/article/first-strike-us-cyber-warriors-seize-offensive NL)
When the Pentagon launched its much-anticipated "Strategy for Operating in Cyberspace"
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governments, courts, and business groups have barely begun to consider them.

2 impacts:

First, cyberwar:

Overconcentration on offense is destabilizing- makes cyberwar inevitable
McGraw 13 Gary McGraw-http://www.tandfonline.com/action/doSearch?action=runSearch26type=advanced26searchType=journal26result=true26prevSearch=2Bauthorsfield3A(McGraw2C+G), PhD is Chief Technology Of?cer of Cigital, and author of¶ Software Security (AWL 2006) along with ten other software security¶ books. He also produces the monthly Silver Bullet Security Podcast for¶ IEEE Security 26 Privacy Magazine (syndicated by SearchSecurity), Cyber War is Inevitable (Unless We Build Security In), Journal of Strategic Studies - Volume 36, Issue 1, 2013, pages 109-119, http://www.tandfonline.com.proxy.library.cornell.edu/doi/pdf/10.1080/01402390.2012.742013-http://www.tandfonline.com.proxy.library.cornell.edu/doi/pdf/10.1080/01402390.2012.742013~~23SPS
Also of note is the balancing effect that extreme cyber vulnerability¶ has on power
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real cyber defense by building security in, cyber war will be inevitable.¶ 

That causes nuclear miscalc due to hair-trigger response

Clark and Andreasen 13
(Richard A. Clarke, the chairman of Good Harbor Security Risk Management, was special adviser to the president for cybersecurity in the George W. Bush administration. Steve Andreasen, a consultant to the Nuclear Threat Initiative, was the National Security Council’s staff director for defense policy and arms control from 1993 to 2001, "Cyberwar’s threat does not justify a new policy of nuclear deterrence" June 14, 2013, http://articles.washingtonpost.com/2013-06-14/opinions/39977598_1_nuclear-weapons-cyber-attack-cyberattacks-http://articles.washingtonpost.com/2013-06-14/opinions/39977598_1_nuclear-weapons-cyber-attack-cyberattacks, KB)

President Obama is expected to unveil a new nuclear policy initiative this week in Berlin
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lead to shared approaches to cybersecurity, including agreements related to limiting cyberwar.

Link is linear- every investment in offensive capabilities fuels a cyber-arms race that risks escalation

Gjelten, 13
(Tom, correspondent for NPR, "First Strike: US Cyber Warriors Seize the Offensive", Jan/Feb, www.worldaffairsjournal.org/article/first-strike-us-cyber-warriors-seize-offensive-http://www.worldaffairsjournal.org/article/first-strike-us-cyber-warriors-seize-offensive NL)
In addition, there are policy questions raised by the escalating government investment in offensive
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regulate the Internet in ways that would harm freedom of expression and information.

Second, cyber crime

Defense solves it

McGraw 13 Gary McGraw-http://www.tandfonline.com/action/doSearch?action=runSearch26type=advanced26searchType=journal26result=true26prevSearch=2Bauthorsfield3A(McGraw2C+G), PhD is Chief Technology Of?cer of Cigital, and author of¶ Software Security (AWL 2006) along with ten other software security¶ books. He also produces the monthly Silver Bullet Security Podcast for¶ IEEE Security 26 Privacy Magazine (syndicated by SearchSecurity), Cyber War is Inevitable (Unless We Build Security In), Journal of Strategic Studies - Volume 36, Issue 1, 2013, pages 109-119, http://www.tandfonline.com.proxy.library.cornell.edu/doi/pdf/10.1080/01402390.2012.742013-http://www.tandfonline.com.proxy.library.cornell.edu/doi/pdf/10.1080/01402390.2012.742013~~23SPS

The conceptual con?ation of cyber war, cyber espionage, and cyber¶ crime into
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cyber¶ crime, and deter cyber espionage all at the same time.

Major cyber crime crushes the global economy via ripple effects

Panda, Sani, Rao, 12 Hemraj, Associate Professor 26 Head, Department of Computer Science 26 Engineering, Alwar Institute of Engineering 26 Technology, Yerra Shankar, PhD Student, Department of Mathematics Shiksha ?O’ Anusandhan University, T.C. Principal, Orissa Engineering College, "Cyber-Crimes and their Impacts: A Review," Vol. 2, Issue 2,Mar-Apr 2012, http://www.ijera.com/papers/Vol2_issue2/AG22202209.pdf-http://www.ijera.com/papers/Vol2_issue2/AG22202209.pdf~~23SPS
.1. Potential Economic Impact ¶ The 2011 Norton Cyber crime disclosed that over
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consumer trust issues could have serious repercussions and bear going into more ¶ detail

Decline trigger multiple nuclear conflicts

Harris and Burrows, 9
*counselor in the National Intelligence Council, the principal drafter of Global Trends 2025, member of the NIC’s Long Range Analysis Unit "Revisiting the Future: Geopolitical Effects of the Financial Crisis", Washington Quarterly, http://www.twq.com/09april/docs/09apr_burrows.pdf)

Increased Potential for Global Conflict¶ Of course, the report encompasses more than economics
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within and between states in a more dog-eat-dog world.

Adv 3 – Separation of Powers

Advantage 3 is Seperation of Powers

Congressional restrictions on executive cyberwar power is critical to maintain SOP

Lorber 13
~Eric, J.D. Candidate, University of Pennsylvania Law School, Ph.D Candidate, Duke University
Department of Political Science. Journal Of Constitutional Law 15.3 https://www.law.upenn.edu/live/files/1773-lorber15upajconstl9612013-https://www.law.upenn.edu/live/files/1773-lorber15upajconstl9612013. ETB~

Yet addressing these questions is increasingly important for two reasons. ¶ First, as
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-in-chief power15 and Congress’s war-making ¶ authority.16

Strong separation of powers key to heg
Ikenberry 1 (G. John, Professor @ Georgetown University, Spring, The National Interest)

First, America’s mature political institutions organized around the rule of law have made it
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, to return to the corporate metaphor, to invest in ongoing partnerships.

Heg solves great power wars
Barnett 11
(Thomas P.M. Former Senior Strategic Researcher and Professor in the Warfare Analysis 26 Research Department, Center for Naval Warfare Studies, U.S. Naval War College American military geostrategist and Chief Analyst at Wikistrat., worked as the Assistant for Strategic Futures in the Office of Force Transformation in the Department of Defense, "The New Rules: Leadership Fatigue Puts U.S., and Globalization, at Crossroads," March 7 http://www.worldpoliticsreview.com/articles/8099/the-new-rules-leadership-fatigue-puts-u-s-and-globalization-at-crossroads)

Events in Libya are a further reminder for Americans that we stand at a crossroads
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the 20th century, setting the stage for the Pacific Century now unfolding. 

Keeping strong SoP is a drule
Redish and Cisar 91    professor of law at Northwestern and Law Clerk to Chief Judge William Bauer, United States Court of Appeals, Seventh Circuit
Martin H. and Elizabeth J., December 1991, IF ANGELS WERE TO GOVERN" *: THE NEED FOR PRAGMATIC FORMALISM IN SEPARATION OF POWERS THEORY ,1992 Duke Law Journal, 41 Duke L.J. 449, p. 474
In summary, no defender of separation of powers can prove with certitude that,
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be forced into the position of saying, "I told you so."

Early SOP key to prevent escalation of prez powers and massive inter-branch conflict
Taylor- Robinson and Ura 12 (Michelle M, Joseph, "Public opinion and conflict in the separation of powers: Understanding the Honduran coup of 2009," Journal of Theoretical Politics, Oct 9, jtp.sagepub.com/content/early/2012/10/07/0951629812453216.full.pdf)
Finally, our model shows that once inter-institutional con?ict has emerged within the
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force may be critical to resolving a con?ict¶ once it has emerged.

Interbranch conflict causes extinction
Linda S. Jamison, Deputy Director of Governmental Relations @ CSIS, Spring 1993, Executive-Legislative Relations after the Cold War, Washington Quarterly, v.16, n.2, p. 189

Indeed there are very few domestic issues that do not have strong international implications,
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that goes beyond the executive branch (Mann 1990, 28-29).
Congressional failure to act leads to massive expansion in prez power- now key

Dycus 10
~Stephen, Professor, Vermont Law School. JOURNAL OF NATIONAL SECURITY LAW 26POLICY 4.155.
http://jnslp.com/wp-content/uploads/2010/08/11_Dycus.pdf-http://jnslp.com/wp-content/uploads/2010/08/11_Dycus.pdf ETB~

If Congress now fails to enact guidelines for cyber warfare, it might ¶ be
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order to be able to ¶ participate in the formulation of national policy.

Unfettered presidential powers cause nuclear war
Forrester 89 
Professor, Hastings College of the Law (Ray, August 1989, ESSAY: Presidential Wars in the Nuclear Age: An Unresolved Problem, 57 Geo. Wash. L. Rev. 1636)
*evidence is gendered modified

On the basis of this report, the startling fact is that one man ~
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, indeed, humanity in general, probably would be unable to survive.

Solvency

Next is Solvency

Congressional action is critical to cyber expertise and preserves presidential flexibility

Dycus ’10
~Stephen, Professor, Vermont Law School. JOURNAL OF NATIONAL SECURITY LAW 26POLICY 4.155.
http://jnslp.com/wp-content/uploads/2010/08/11_Dycus.pdf-http://jnslp.com/wp-content/uploads/2010/08/11_Dycus.pdf ETB~

Congress’s active role in the development and implementation of cyber ¶ warfare policy is no
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to work together to meet these challenges, as the ¶ Framers intended.

XO can’t solve- binding precedent is key to norm building and check expansion of prez powers

Huston ’11
~Warner Todd Huston is a Chicago based freelance writer, has been writing opinion editorials and social criticism since early 2001, http://www.conservativecrusader.com/articles/we-need-rules-for-cyberwarfare-before-a-president-steals-that-power-too-http://www.conservativecrusader.com/articles/we-need-rules-for-cyberwarfare-before-a-president-steals-that-power-too ETB~

Presidents have had certain restrictions for war-making ever since because the founders wanted
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them, and where the line should be drawn, even in cyberspace.

Renouncing use of large-scale attacks reduces the risk of cyberattack

Owens et al. ’9
~William A. Owens, Kenneth W. Dam, and Herbert S. Lin, editors, ¶ Committee on Offensive Information Warfare, National Research Council. http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf-http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf ETB~

No first use of large-scale cyberattacks. Although weapons for cyberattack are valid
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would be a lower likelihood that it would experience such an ¶ attack.

Military will adhere to the law

Dunlap ’12
~Maj. Gen. Charles J. Dunlap Jr. (Ret.), Professor of the Practice of Law¶ Executive Director, Center on Law, Ethics and National Security @ Duke. In Patriot Debates: Contemporary Issues in National Security Law. http://www.americanbar.org/groups/public_services/law_national_security/patriot_debates2/the_book_online/ch9/ch9_ess2.html-http://www.americanbar.org/groups/public_services/law_national_security/patriot_debates2/the_book_online/ch9/ch9_ess2.html ETB~

  This raises an important question: Should America wage war— cyber or
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because they have hard experience with the consequences of failing to do so.
deterrence fails vs 3rd parties, making escalation likely

Owens et al 9
(William A. Owens, as an Admiral in the United States Navy and later Vice Chairman of the Joint Chiefs of Staff, Kenneth W. Dam, served as Deputy Secretary of the Treasury from 2001 to 2003, where he specialized in international economic development, Herbert S. Lin, Senior Scientist and Study, "Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities" 4/27/2009, http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf-http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf, KB)

Catalytic conflict refers to the phenomenon in which a third party ¶ instigates conflict between
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might thus choose just such a time to conduct a catalytic ¶ cyberattack.

Tournament: UNT | Round: 4 | Opponent: UCO VY | Judge: Ermo

Plan

The United States federal government should statutorily prohibit the authority of the President of the United States to authorize the preemptive use of offensive cyber-attacks.

Adv- CyberWar

The first internal link is arms racing-

Squo offensive cyber posture attacks risk retaliatory cycles and arms races

Moss 13
Columnist at The Diplomat Trefor Moss is an independent journalist based in Hong Kong. He covers Asian politics, defence and security, and was Asia-Pacific Editor at Jane’s Defence Weekly until 2009, Is Cyber War the New Cold War?, 4/19/13, http://thediplomat.com/2013/04/19/is-cyber-war-the-new-cold-war/2/

Although setting up a cybersecurity working group with China, Washington has also signaled it
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, the risk of it spilling over into kinetic hostilities will only grow.

Cyber arms race causes world war — there are no checks on escalation, deterrence doesn’t apply, and only a certain commitment to the plan solves

CSM 11 
Christian Science Monitor
(3/7, Mark Clayton, The new cyber arms race, www.csmonitor.com/USA/Military/2011/0307/The-new-cyber-arms-race)

The new cyber arms race Tomorrow’s wars will be fought not just with guns,
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use of cyberattack is ill-formed, undeveloped, and highly uncertain."

It goes nuclear — we don’t even have to win escalation — command and control hacking, crisis instability, and fracturing nuclear agreements all ensure independent nuclear response- congressional restrictions are key to solve

Austin, 8/6 
Director of Policy Innovation at the EastWest Institute, Costs of American Cyber Superiority, http://www.chinausfocus.com/peace-security/costs-of-american-cyber-superiority/

The United States is racing for the technological frontier in military and intelligence uses of
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be every bit as reasonable given their anxiety about unconstrained American cyber superiority.

Plan solves- other countries model our use of OCOs — clear restrictions on use are essential

Bradbury 11
Assistant Attorney General for the Office of Legal Counsel
(Steven, The Developing Legal Framework for Defensive and Offensive Cyber Operations, http://harvardnsj.org/wp-content/uploads/2011/02/Vol.-2_Bradbury_Final1.pdf)

Evolving customary law. This approach also accommodates the reality that how the U.
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norms. I think that’s the way we should want it to work.

Second internal link is preemption-

The US preparing to initiate a preemptive cyberwar now

Martin ’13
~Patrick, Global Research. http://www.globalresearch.ca/obamas-cyberwarfare-first-strike-using-offensive-cyber-effects-operations-oceo-to-destabilize-countries/5338457 ETB~

The US government is developing detailed plans to attack other countries using cyberwarfare techniques,
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at any time in the future—a formula for unlimited worldwide aggression.

Cyber preemption escalates to shooting war

Clarke 2009 
(Richard Clarke, special adviser to the president for cybersecurity in the George W. Bush administration and chairman of Good Harbor Consulting, November/December 2009, "War from Cyberspace," The National Interest, http://web.clas.ufl.edu/users/zselden/coursereading2011/Clarkecyber.pdf)

As in the 1960s, the speed of war is rapidly accelerating. Then,
AND
. Thus, the nation attacked might well respond with "kinetic activity."

Third Internal link is defense

Cyber-attack is likely in the squo - actors are mapping out vulnerable infrastructure

Francis ’13
~David Francis is a reporter based in Berlin and Washington, DC. In addition to repoting for the Fiscal Times, David is a correspondent of the Christian Science Monitor, Financial Times Deutschland, and Deutsche Welle. He is a contributing writer to World Politics Review, SportsIllustrated.com, and the Pittsburgh Post-Gazette, among others. He has reported from all over the world on a number of topics, from transatlantic relations, to sports, to border security, to local news, to finance.In 2010, David was named to the prestigious Atlantik-Brueke association, created to promote transatlantic relations. In 2009, he was awarded the Arthur Burns Fellowship from the International Center for Journalists. He has been a John McCloy Fellow, awarded by the American Council of Germany, and an Arizona State Media Fellow. David has spoken about his reporting at the Georgetown University School of Foreign Service, the Johns Hopkins School for Advanced International Studies, and the World Affairs Council of Pittsburgh. He an undergraduate degree from the University of Chicago, and a master’s degree from Georgetown University. http://www.thefiscaltimes.com/Articles/2013/03/11/The-Coming-Cyber-Attack-that-Could-Ruin-Your-Life~~23sthash.UO07zhTu.dpuf ETB~

But experts warn these kinds of service breaks are just a small symptom of the
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does, I would stuff my cash in a mattress under my bed."

Current preemptive OCO policy backfires- creates priority confusion and drains cyber-defense resources

Healey ’13
~Jason Healey is director of the Cyber Statecraft Initiative at the Atlantic Council. http://www.usnews.com/opinion/blogs/world-report/2013/03/08/clandestine-american-strategy-on-cyberwarfare-will-backfire ETB~

America’s generals and spymasters have decided they can secure a better future in cyberspace through
AND
not only reduces resources dedicated for defense but overtakes other priorities as well.

Focus on preemptive cyber-attack capability trades off with fixing critical cyber vulnerabilities

Rid 2/4
~Thomas Rid is a reader at the Department of War Studies, King’s College London. 2013, http://www.newrepublic.com/article/112314/obama-administrations-lousy-record-cyber-security~~23 ETB~

But the rhetoric of war doesn’t accurately describe much of what happened. There was
AND
, the Cybersecurity Act of 2012, has stalled indefinitely in the Senate.

Military focus on offense spills over the private sector

Gjelten, 13
(Tom, correspondent for NPR, "First Strike: US Cyber Warriors Seize the Offensive", Jan/Feb, www.worldaffairsjournal.org/article/first-strike-us-cyber-warriors-seize-offensive NL)

When the Pentagon launched its much-anticipated "Strategy for Operating in Cyberspace"
AND
governments, courts, and business groups have barely begun to consider them. 

Overconcentration on offense is uniquely destabilizing- makes cyberwar inevitable

McGraw 13
Gary McGraw, PhD is Chief Technology Of?cer of Cigital, and author of¶ Software Security (AWL 2006) along with ten other software security¶ books. He also produces the monthly Silver Bullet Security Podcast for¶ IEEE Security 26 Privacy Magazine (syndicated by SearchSecurity), Cyber War is Inevitable (Unless We Build Security In), Journal of Strategic Studies - Volume 36, Issue 1, 2013, pages 109-119, http://www.tandfonline.com.proxy.library.cornell.edu/doi/pdf/10.1080/01402390.2012.742013~~23SPS

Also of note is the balancing effect that extreme cyber vulnerability¶ has on power
AND
real cyber defense by building security in, cyber war will be inevitable.¶ 

That causes nuclear miscalc due to hair-trigger response

Clark and Andreasen 13
(Richard A. Clarke, the chairman of Good Harbor Security Risk Management, was special adviser to the president for cybersecurity in the George W. Bush administration. Steve Andreasen, a consultant to the Nuclear Threat Initiative, was the National Security Council’s staff director for defense policy and arms control from 1993 to 2001, "Cyberwar’s threat does not justify a new policy of nuclear deterrence" June 14, 2013, http://articles.washingtonpost.com/2013-06-14/opinions/39977598_1_nuclear-weapons-cyber-attack-cyberattacks, KB)

President Obama is expected to unveil a new nuclear policy initiative this week in Berlin
AND
lead to shared approaches to cybersecurity, including agreements related to limiting cyberwar.

Criticizing the probability of our impacts is meaningless – all wars are low probability, what matters is that cyberwar is more likely to escalate than other conflicts, which uniquely warrants academic attention

Junio ’13
~Timothy J. Junio (Tim)is a doctoral candidate of political science at the¶ University of Pennsylvania and a predoctoral fellow at the Center for¶ International Security and Cooperation (CISAC) at Stanford University.¶ He also develops new cyber capabilities at the Defense Advanced¶ Research Projects Agency (DARPA). How Probable is Cyber War? Bringing¶ IR Theory Back In to the Cyber Conflict Debate, Journal of Strategic Studies, 36:1,¶ 125-133. ETB~

Two recent articles in the pages of this journal contribute to an¶ important debate
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prerequisite to reducing the incidence of cyber¶ con?ict and avoiding cyber war.

Understanding the risks of current US posture reduces the chances of cyber war escalation- worst case assessments are the best preparation

Clarke and Knake ’10
~Richard Alan Clarke is the former National Coordinator for Security, Infrastructure Protection, and Counter-terrorism for the United States. Robert K. Knake, Former international affairs fellow in residence @ CFR. Cyber War. ETB~

In the seminal 1983 movie about computers and war, War Games, ¶ starring
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period of rising ¶ tensions between the U.S. and China.

Arguing against the practices of the USFG in the context of war powers allows for an engaged public that can expose the hypocrisy of the federal government – only focus on specific policy questions can actualize change by making it relevant to policy-makers –

Mellor 13
The Australian National University, ANU College of Asia and the Pacific, Department Of International Relations,
"Why policy relevance is a moral necessity: Just war theory, impact, and UAVs," European University Institute, Paper Prepared for BISA Conference 2013, DOA: 8-14-13

This section of the paper considers more generally the need for just war theorists to
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the public engagement and political activism that are necessary for democratic politics.52

Debate about the repercussions of cyber preemption is good- it generates a broader literature base that encourages restraint

Magnuson ’9
~Stew, National Defense Magazine. http://www.nationaldefensemagazine.org/archive/2009/June/Pages/USPlanstoDestroyEnemyComputerNetworksQuestioned.aspx ETB~

¶ Retired Adm. William Owen, former vice chairman of the Joint Chiefs of
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That just isn’t happening in this new kind of warfare, Dam added.

War fuels structural violence

Goldstein 2001
IR professor at American University (Joshua, War and Gender, p. 412, Google Books)

First, peace activists face a dilemma in thinking about causes of war and working
AND
on injustice as the main cause of war seems to be empirically inadequate.

Escalation is rapid and global

VOA News ’12
http://blogs.voanews.com/digital-frontiers/2012/03/20/the-coming-cyberwar-with-iran/ ETB

That said, the battles might actually begin small. Think online skirmishes between angry
AND
, says Lawson, is how quickly it could spread around the globe.

Tournament: D3 | Round: 7 | Opponent: K-State KM | Judge: Box
Advantage 1: Relations
Despite the War Powers Act, Executive war powers afford the President the authority to introduce US armed forces into hostilities in countries like Guatemala
Caffrey 12
Kevin, Sept. 13, M.A. in Political Science U of Colorado, political columnist, http://www.nolanchart.com/article9846-marines-in-guatemala-fighting-a-drug-war-what-about-americas-border.html, mg

What are two hundred Marines doing in Guatemala fighting a drug war? Adam Williams
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number of Marines is probably a lot higher than the amount given here.
Guatemala will be a staging ground - plan prevents further militarization
Paley 13
Dawn, Jan. 7, http://www.breakingthesilenceblog.com/general/strategies-of-a-new-cold-war-us-marines-and-the-drug-war-in-guatemala/, mg

The news broke in the United States during the lazy summer days of late August
AND
the Caribbean. If only, like before, the invasion would fail.
This policy creates resentment throughout the region crushing relations
Crandall ’14 (professor of international politics and American foreign policy at Davidson College and a contributing writer to the New Republic. He recently served as a national security aide to President Barack Obama and is the author of the forthcoming book, America’s Dirty Wars: Irregular Warfare from 1776 to the War on Terror (Cambridge.)

http://www.newrepublic.com/article/116076/uruguays-pot-legalization-bad-americas-war-drugs
It is easy to forget that Washington’s global war on drugs had started roughly two
AND
American States to consider potential reforms to current drug policies in Latin America.
Biggest internal link to relations
Miller-Llana ‘12
Sara The Christian Science Monitor July 30, 2012 Monday
Bolivia's more go-it-alone approach symbolizes a fundamental shift in the drug
AND
of narcotics, but might lead to new strategies in the drug fight.
Impact is global instability and hegemonic wars
Rochlin 94 1994, James Francis Rochlin is Professor of Political Science at Okanagan University College, “Discovering the Americas: the evolution of Canadian foreign policy towards Latin America,” p. 130-131

While there were economic motivations for Canadian policy in Central America, security considerations were
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a predicament could generate increased global instability and perhaps even a hegemonic war.
Advantage 2: Terrorism
Militarization of the war on drugs crushes Latin American democracies and threatens regional security
Zirnite 2K  (Senior Research Fellow; Council on Hemispheric Affairs)
Peter Global Focus: U.S. Foreign Policy at the Turn of the
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under Pentagon programs that are exempt from civilian oversight and human rights legislation.
That risks regional conflict, WMD prolif, and genocide
Manwaring 05
(Max, “Venezuela’s Hugo Chávez, Bolivarian Socialism, and Asymmetric Warfare,” October, Online: http://www.strategicstudiesinstitute.army.mil/pdffiles/pub628.pdf)
President Chávez also understands that the process leading to state
AND
Regional syndromes of poverty, destabilization, and conflict. 

Risks authoritarian takeover in large parts of the region
Weylund ‘13
Kurt http://www.theatlantic.com/international/archive/2013/07/why-latin-america-is-becoming-less-democratic/277803/
For the first time in decades, democracy in the region is facing a sustained
AND
" claims aggravate the risks emanating from the recent turn to authoritarian rule.

Best data indicates that is the root cause and biggest internal link to terrorism
Khalil ’07  (international affairs fellow in residence at the Council on Foreign Relations.)
Lydia “Countering Terrorism and Insurgency in the 21st Century: International Perspectives p.81 http://books.google.com/books?id=mITtXngZkSYCandpg=PA81andlpg=PA81anddq=authoritarianism+breeds+terrorismandsource=blandots=FUEsoFMvrTandsig=gPZFQDAlkesWEXEWM8yea_oM94kandhl=enandsa=Xandei=_LsOU_uQG6GU2gWzqYGwCQandved=0CEMQ6AEwBA#v=onepageandq=authoritarianism20breeds20terrorismandf=false

To be sure, terrorists are motivated by other factors besides repression¶ or lack
AND
of terrorism and that autocratic regimes suffer higher levels of terrorism than democracies.
Nuclear terrorism is feasible - high risk of theft and attacks escalate
Dvorkin 12
Vladimir Z. Dvorkin 12 Major General (retired), doctor of technical sciences, professor, and senior fellow at the Center for International Security of the Institute of World Economy and International Relations of the Russian Academy of Sciences.  The Center participates in the working group of the U.S.-Russia Initiative to Prevent Nuclear Terrorism, 9/21/12, "What Can Destroy Strategic Stability: Nuclear Terrorism is a Real Threat," belfercenter.ksg.harvard.edu/publication/22333/what_can_destroy_strategic_stability.html

Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences
AND
a common understanding of these threats and develop a strategy to combat them.
Advantage 3: Colombian Oil
Militarization of the Drug war increases anti-government protest in allied countries, threatening oil and gas supplies
O'Connor ‘12
Jenny, October 31, 2012 Wednesday 3:54 PM EST  “The US War on Communism, Drugs, and Terrorism in Colombia” Nexis -- Militarisation of the War on Drugs
The militaristic approach to fighting the drug war has intensified the conflict in Colombia.
AND
coca crops) merely exacerbates the divide between the military and the peasantry.
Colombia is fastest growing regional oil producer—FARC attacks threaten it
Watson ‘13
http://www.nxtbook.com/nxtbooks/phoenix/emi_2013summer/index.php?startid=8  p.9
Colombia is the fastest-growing major oil producer in the region. In 2012
AND
their new freedom from decades of conflict to protest social and environmental issues.
Regional oil key to global supply
Control Risks ’13 “SOuth AMeRicA Oil And GAS: RiSk And RewARd in the lAnd Of OppORtunity“
http://www.controlrisks.com/Oversized20assets/LATAM_oil_and_gas_whitepaper_2013_10.pdf
South America’s role and importance on the global oil and gas map is changing rapidly
AND
certainly claim to be key to global supplies in the years to come.
Oil shocks collapse the economy
Erwin ’12 Sandra, editor of National Defense Magazine, 11-1-12, http://www.nationaldefensemagazine.org/blog/Lists/Posts/Post.aspx?ID=577

Unless the United States curtails its consumption of petroleum, these military greybeards caution,
AND
. oil dependence by 30 percent, the impact would be nearly zero.
Global nuclear war
Royal 10
Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, “Economic Integration, Economic Signaling and the Problem of Economic Crises,” in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, p. 213-215

Less intuitive is how periods of economic decline may increase the likelihood of external conflict
AND
not featured prominently in the economic-security debate and deserves more attention. 

FARC trades weapons to Russian organized crime groups due to the drug war
Moran 2k (Sue Lackey, Michael Moran, MSNBC Analysts, Field Experts, “Russian mob trading arms for cocaine with Colombia rebels” 4/9/09, Online SA)

WASHINGTON, April 9, 2000 — Russian crime syndicates and military officers are supplying
AND
conduits for their own organized crime activities, including arms and drug trafficking. 

That includes nukes and fissile material
Majalla 1 (Al-Majalla, Al-Watan al-Arabi and Al-Wasat, Middle Eastern news sources, “Bin Laden's Nuclear Weapons” 12/27/01, Online SA)

Al-Watan al-Arabi goes on to say that Western security agencies are
AND
eclipsed as the drug of choice by cocaine during the 80’s and 90’s. 

South America drug war is the biggest internal link
MacDonald 8 (Brad MacDonald, staff writer for the Trumpet, “Is Chávez Helping Terrorists Go Nuclear?” 5/2008, Online SA)

That seizure marked the first time radioactive material has been linked to farc. It
AND
be able to conjure images of what the consequences for America could be!
?
Expanded Russian organized crime power causes nuclear war
Power 97 (Jonathan Power, staff writer for the Baltimore Sun, “Threat of the Russian nuclear mafia” 10/14/97, Online SA)

The real issue in terms of imminent danger, both then and now, is
AND
fail it will be the greatest tragedy to befall humanity since Hiroshima and Nagasaki
Plan
Plan: The United States federal government should determine that any extraterritorial use of US armed forces for the purpose of drug interdiction and/or counter-narcotics operations constitutes an introduction of United States Armed Forces into hostilities.
Solvency
Redefining applicability of the WPA to the War on drugs key to check Presidential authority and solve the aff
Gvosdev and Stigler ‘11
Nikolas and Andrew http://nationalinterest.org/commentary/war-by-any-other-name-5567
There are so many ways in which the United States can find itself in a
AND
be a partner with the president in determining matters of war and peace.
Congressional demand for WPR coverage of drug war related military incursion is necessary to ensure Executive compliance
Brown ’98 (JD George Washington Law)
Kenneth B. 2 J. Nat'l Security L. 23 “The War Powers Resolution: Origins, History, Criticism and Reform: Chapter 2: Scope of the War Powers Resolution: Section 2”
In discussions surrounding the WPR, the concept of military involvement in law enforcement operations
AND
S. military forces augment DEA agents or civilian or foreign police units.
Congressional inaction over WPR and drug war deployments ensures interbranch conflict and exponential expansion of drug war interventions
Richard ’98
Daniel 2 J. Nat'l Security L. 59 “The War Powers Resolution: Origins, History, Criticism and Reform: Chapter 4: Re-porting Under the War Powers Resolution: Section 4”

CENTRAL AMERICA. The hottest debates during the Reagan Administration regarding the WPR focused on
AND
Latin American policy, sharpened tensions be-tween the two political branches.

WPR application ensures the creation of norms through its statutory procedures that constrain Executive actions and prevent bad foreign policy outcomes—Executive Restraint CP doesn’t solve
Teifer ’99 Associate Professor of Law, University of Baltimore School of Law. Solicitor and Deputy General Counsel for the House of Representatives, 1984-1995.
Charles 36 San Diego L. Rev. 1

*24 In the first 150 years of our country, numerous instances of
AND
, congressional action has its effects on the course of military action. n109

WPR application ensures Presidential Flex while still constraining the worst abuses of drug war interventions by forcing the Executive to debate intervention and creating norms beyond the legal restrictions—All other approaches fail
Weiner ’07 J.D. Candidate, Vanderbilt University Law School,
Michael 40 Vand. J. Transnat'l L. 861
The WPR in Action: A Paper Tiger with Bite¶ Vietnam spurred not only
AND
was positively influenced by the "paper tiger" itself, the WPR.

Plan is key to increase accountability and stop Presidential overreach
Benjamin R. Farley 12, JD from Emory University School of Law, former Editor-in-Chief of the Emory International Law Review, “Drones and Democracy: Missing Out on Accountability?” Winter 2012, 54 S. Tex. L. Rev. 385, lexis
Effective accountability mechanisms constrain policymakers' freedom to choose to use force by increasing the costs
AND
to go to war is more likely to lead the nation into war.

Tournament: Kentucky | Round: 4 | Opponent: Northwestern WW | Judge: Matt Munday

1AC vs Northwestern WW

1AC - Arms Races

Contention 1 is Arms Races

The cyber arms race is accelerating — major attacks are inevitable this year — the best data proves

Goldman 13 
CNN Writer, Nations Prepare for Cyberwar, http://money.cnn.com/2013/01/07/technology/security/cyber-war/index.html

Security analysts are predicting that 2013 is when nation-sponsored cyberwarfare goes mainstream —
AND
are particularly vulnerable, according to numerous assessments delivered to Congress last year.

Specifically, OCOs drive arms races and retaliation

Moss 13
Columnist at The Diplomat Trefor Moss is an independent journalist based in Hong Kong. He covers Asian politics, defence and security, and was Asia-Pacific Editor at Jane’s Defence Weekly until 2009, Is Cyber War the New Cold War?, 4/19/13, http://thediplomat.com/2013/04/19/is-cyber-war-the-new-cold-war/2/

Although setting up a cybersecurity working group with China, Washington has also signaled it
AND
, the risk of it spilling over into kinetic hostilities will only grow.

Cyber arms race causes world war

there are no checks on escalation, deterrence doesn’t apply, and only a certain commitment to the plan solves
CSM 11 
Christian Science Monitor
(3/7, Mark Clayton, The new cyber arms race, www.csmonitor.com/USA/Military/2011/0307/The-new-cyber-arms-race)

The new cyber arms race Tomorrow’s wars will be fought not just with guns,
AND
use of cyberattack is ill-formed, undeveloped, and highly uncertain.and#34;

Congressional constraints of OCOs are key to solve nuclear war

arms-racing, command and control hacking, crisis instability, and fracturing nuclear agreements
Austin, 8/6 
Director of Policy Innovation at the EastWest Institute, Costs of American Cyber Superiority, http://www.chinausfocus.com/peace-security/costs-of-american-cyber-superiority/

The United States is racing for the technological frontier in military and intelligence uses of
AND
be every bit as reasonable given their anxiety about unconstrained American cyber superiority.

Cyberwar escalates:

A) Speed, scope, and spoofing

Clarke and Knake ’12 
(Richard (former National Coordinator for Security, Infrastructure Protection, and Counter-terrorism for the United States) and Robert (Cybersecurity and homeland security expert at the Council on Foreign Relations), Cyber War: The Next Threat to National Security and What to Do About It, Harper Collins Books, 2012, RSR)

In our hypothetical exercise, the Chinese response aimed at four U.S.
AND
.¶ But what about collateral damage in the country that is being targeted?

b) Pressure to retaliate

Owens et al 9
(William A. Owens, as an Admiral in the United States Navy and later Vice Chairman of the Joint Chiefs of Staff, Kenneth W. Dam, served as Deputy Secretary of the Treasury from 2001 to 2003, where he specialized in international economic development, Herbert S. Lin, Senior Scientist and Study, and#34;Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilitiesand#34; 4/27/2009, http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf, KB)

But in many kinds of cyberattack, the magnitude of the impact of the ¶
AND
. Such a situation has ¶ obvious potential for inappropriate and unintended escalation.

1AC - Alliances

Contention 2 is Alliances

Congressional restrictions necessary for allied cooperation— restoring legitimacy to OCOs is key to cyber coalitions

Dunlap 12
Major General and Former Deputy Judge Advocate General (Lawless Cyberwar? Not If You Want to Win, www.americanbar.org/groups/public_services/law_national_security/patriot_debates2/the_book_online/ch9/ch9_ess2.html)

Military commanders have seen the no-legal-limits movie before and they do
AND
impact on coalition support that the mere perception of American lawlessness can have.

The small concession of the plan is key — it increases key flexibility and secures cyberspace

Lord et al 11 
Vice President and Director of Studies at the Center for a New American Security
(Kristin M., Travis Sharp is the Bacevich Fellow at the Center for a New American Security. Joseph S. Nye, Jr. is University Distinguished Service Professor at the Kennedy School of  
Government at Harvard University. Mike McConnell is Executive Vice President of Booz Allen Hamilton and former Director of  National Intelligence and Director of the National Security Agency. Gary McGraw is Chief Technology Officer of Cigital, Inc., a software security consultancy, and  author of eight books on software security. Nathaniel Fick is Chief Executive Officer of the Center for a New American Security. Thomas G. Mahnken is Jerome E. Levy Chair of Economic Geography and National Security  at the U.S. Naval War College and a Visiting Scholar at the Johns Hopkins School of Advanced  International Studies. Gregory J. Rattray is a Partner at Delta Risk LLC and Senior Vice President for Security at BITS, the  technology policy division of The Financial Services Roundtable. Jason Healey is Director of the Cyber Statecraft Initiative at the Atlantic Council and Executive  Director of the Cyber Conflict Studies Association. Martha Finnemore is Professor of Political Science and International Affairs at The George  Washington University. David A. Gross is a Partner at Wiley Rein LLP and a former Ambassador and Coordinator for  International Communications and Information Policy at the State Department. Nova J. Daly is a Public Policy Consultant at Wiley Rein LLP and former Deputy Assistant Secretary  for Investment Security in the Office of International Affairs at the Treasury Department. M. Ethan Lucarelli is an Associate at Wiley Rein LLP. Roger H. Miksad is an Associate at Wiley Rein LLP. James A. Lewis is a Senior Fellow and Director of the Technology and Public Policy Program at the  Center for Strategic and International Studies. Richard Fontaine is a Senior Fellow at the Center for a New American Security. Will Rogers is a Research Associate at the Center for a New American Security. Christopher M. Schroeder is an Internet entrepreneur, Chief Executive Officer of HealthCentral.com  and a member of the Center for a New American Security’s board of advisors. Daniel E. Geer, Jr. is Chief Information Security Officer of In-Q-Tel, the independent investment firm  that identifies innovative technologies in support of the missions of the U.S. intelligence community. Robert E. Kahn is President and Chief Executive Officer of the Corporation for National Research  Initiatives and co-inventor of the TCP/IP protocol that is the foundation of the modern Internet. Peter Schwartz is Co-Founder and Chairman of Global Business Network and a member of the  Center for a New American Security’s board of directors, and#34;America’s Cyber Future Security and Prosperity in the Information Age volume Iand#34; June 2011, http:// www.cnas.org/files/documents/publications/CNAS_Cyber_Volume20I_0.pdf)

The United States should lead a broad, multi-stakeholder international cyber security coalition
AND
in a way that defends the nation without subverting what it stands for. 

Status quo cyber doctrine undermines US credibility

Lawson ’10
~Sean Lawson is an assistant professor in the Department of Communication at the University of Utah. His research focuses on the relationships among science, technology, and the development of military theory and discourse, in particular the intersections of national security and military thought with new media, information, and communication technologies.¶ http://www.forbes.com/sites/firewall/2010/05/13/offensive-cyberwar-operations-as-communication/ ETB~

What’s more, John Arquilla has advocated taking offensive action against terrorist websites, and
AND
the most is the marketplace of ideas?  Etc., etc., etc.

Alliances prevent nuclear war—-key to burden sharing

Douglas Ross 99 is professor of political science at Simon Fraser University, Winter 1998/1999, Canada’s functional ¶ isolationism and the future of weapons of mass destruction, International Journal, p. lexis
Thus, an easily accessible tax base has long been available for spending much more
AND
world community have any plausible hope of avoiding warfare involving nuclear or other WMD

Coalition building key to solve extinction

Joseph Nye 8 is professor of international relations at Harvard University, and#34;American Power After the Financial Crises,and#34; http://www.foresightproject.net/publications/articles/article.asp?p=3533, DOA: 7-23-13, y2k
Power always depends on context, and in today’s world, it is distributed in
AND
even the largest country cannot achieve its aims without the help of others.

Legitimacy is key to band-wagon

Lee 10
Lavina Rajendram Lee 10 is a lecturer in the Department of Modern History, Politics and International Relations at Macquarie University, Australia, and has a PhD in International Relations from the University of Sydney. and#34;US Hegemony and International Legitimacy,and#34; 1-25-10, http://www.routledge.com/books/details/9780415552363/, Accessed date: 11-7-12 y2k

This book examines US hegemony and international legitimacy in the post-Cold War era
AND
rehabilitate the global leadership credentials of the United States under the Obama Administration. 

Chinese anti-access capabilities critically depend on cyber — allied cooperation is key to counter them

Kazianis 12 
Assistant Editor for The Diplomat and a non-resident fellow at the Pacific Forum
(Harry, and#34;A Plea for an Alliance-Based ’AirSeaCyber’ Joint Operational Conceptand#34; July 17, 2012, http://rpdefense.over-blog.com/article-a-plea-for-an-alliance-based-airseacyber-joint-operational-concept-108240342.html)

In Pacific Forum’s PacNet ~2341 issue, Mihoko Matsubara correctly asserts that and#34;countering
AND
create a strong force multiplier effect and should be considered a top priority.

China’s rapidly modernizing its military for an A2AD strategy — that fuels territorial disputes

RTT 13 
China’s Anti-access And Area-denial Capabilities Bolstered: Pentagon Report, http://www.rttnews.com/2111200/china-s-anti-access-and-area-denial-capabilities-bolstered-pentagon-report.aspx

A new report of the U.S. Defense Department says that China is
AND
and has other territorial disputes with regional neighbors in the South China Sea.

PLA doctrine proves Chinese aggression against Taiwan and the South China Sea are inevitable — A2AD is the linchpin of this capability

Yoshihara 10 
(Dr. Toshi Yoshihara, Associate Professor in the Strategy and Policy Department at the Naval War College, former Visiting Professor at the U.S. Air War College, Ph.D. International Relations, The Fletcher School of Law and Diplomacy, Tufts University, M.A. International Relations, School of Advanced International Studies, Johns Hopkins University, B.S. International Relations, School of Foreign Service, Georgetown University, and#34;Chinese Missile Strategy and the U.S. Naval Presence in Japan: The Operational View from Beijing,and#34; Naval War College Review, 7-1-2010, (... denotes non-US-ASCII text omitted) http://www.faqs.org/periodicals/201007/2046727461.html) 

In recent years, defense analysts in the United States have substantially revised their estimates
AND
which China might seek to conduct conventional missile operations against outside intervention.43 

Taiwan crisis is imminent and causes nuclear war

Colby et al 13 
Elbridgc A. Colby. cochair, is a principal analyst and drvison lead for global strategic affairs at the Center for Naval Analyses (CNA). where he focuses on strateg deterrence, nuclear weapons, and related issues. Previously, he served as policy adviser to the secretary of defense’s representative for the new Strategic Arms Reduction Treaty, as an expert adviser to the Congressional Strategic Posture Commission, as a staff member on the President’s Commission on the Intdhgcnce Capa biLities of the US. Regarding WMD. and in a number of other government positions. Mr. Colby also serves or has served as a consultant to a number of U.S government bodies. He publishes and speaks regularly on strategic issues in the United States. Europe, and Asia. Mr. Colby is a graduate of Harvard College and Yale Law School and is a member of the Council on Foreign Rdations (term) and of the International Institute of Strategic Studies Abraham M. Denmark. cochair. is vice president for political and security affairs at the National Bure-au of Asian Research (NBR) and is an Asia-Pacific security adviser at the Center for Naval Analyses. He manages NBR research programs, dialogues, projects, and initiatives reLated to po. litical and security issues in the Asia-Pacific region. He has experience both inside and outside of government, having previously worked as a fellow at the Center for a New American Security and as country director for China affairs in the Office of the Secretary of Deknse. Mr. Denmark holds an MA. in international security from the Josef Korbel Schoel of International Studies at the University of Denver and has studied at China’s Foreign Atfairs University and Peking Universit, Nuclear Weapons and U.S.-China Relations, http://csis.org/files/publication/130307_Colby_USChinaNuclear_Web.pdf

Taiwan.  Taiwan remains the single most plausible and dangerous source of tension and conflict
AND
of U.S. defense commitments in the Asia-Pacific region.

So does conflict over the South China Sea

Rehman 13 
Stanton Nuclear Security Fellow, Iskander Rehman was an associate in the Nuclear Policy Program at the Carnegie Endowment and a Stanton Nuclear Security Fellow. His research focuses on security and crisis stability in Asia, specifically the geopolitical ramifications of naval nuclearization in the Indian Ocean, 3/9/13, Dragon in a Bathtub: Chinese Nuclear Submarines and the South China Sea, http://carnegieendowment.org/2013/03/09/dragon-in-bathtub-chinese-nuclear-submarines-and-south-china-sea/fpjl

Despite America’s best efforts to construct stronger ties with China, relations in-between
AND
is also rapidly morphing into one of the world’s most sensitive nuclear hotspots.

Their defense doesn’t apply

Chinese fear of US cyber unilateralism means escalation is probable

VornDick 7/30/12
~Wilson VornDick is a lieutenant commander in the U.S. Navy, where he is assigned to the Pentagon. Previously, he worked at the Chinese Maritime Studies Institute at the U.S. Naval War College. http://nationalinterest.org/commentary/the-real-us-chinese-cyber-problem-8796?page=1 ETB~

Yet, Chinese media reports have filled some of the void with regards to ROE
AND
of action than its professed desire to conduct only defensive and nonaggressive operations.

Cyber stimulates risk taking and lowers conflict inhibition

Dobbins et al. ’11
~Ambassador James F. Dobbins, a veteran diplomat and the current director of the RAND International Security and Defense Policy Center as well the US special representative for Afghanistan and Pakistan. David C. Gompert was Principal Deputy Director of National Intelligence from 2009 to 2010. During 2010, he served as Acting Director of National Intelligence, in which capacity he provided strategic oversight of the U.S. Intelligence Community, and acted as the President’s chief intelligence advisor. Gompert is currently Distinguished Visiting Professor for National Security Studies at the United States Naval Academy, and Adjunct Senior Fellow of the RAND Corporation. He is a Trustee of Hopkins House Academy, a Director of the Rufus Porter Museum, a Director of Global Integrated Security (USA), Inc., a member of the Advisory Board of the Naval Academy Center for Cyber Security Studies, and Chairman of the Advisory Board of the Institute for the Study of Early Childhood Education. David A. Shlapak, Senior International Policy Analyst @ RAND. Andrew Scobell is a senior political scientist at the RAND Corporation. Prior to this he was an associate professor of international affairs at the George H. W. Bush School of Government and Public Service (with tenure) and director of the China certificate program at Texas A26M University in College Station, Texas. From 1999 until 2007, he was associate research professor in the Strategic Studies Institute at the U.S. Army War College and adjunct professor of political science at Dickinson College. http://www.rand.org/content/dam/rand/pubs/occasional_papers/2011/RAND_OP344.pdf ETB~

The difficulties of direct defense could be greatly accelerated by Chinese development and ¶ use
AND
pace in quality if not quantity with Chinese advances in the military field.

1AC – Plan

The United States federal government should substantially increase restrictions on the war powers authority of the president of the United States by removing the authority to authorize the preemptive use of large-scale cyber-attacks, except in direct support of authorized United States military operations.

1AC – Solvency

Contention 3 is solvency

First, norm-setting — all eyes are on the U.S. —other countries model our use of OCOs — clear restrictions on use are essential

Bradbury 11
Assistant Attorney General for the Office of Legal Counsel
(Steven, The Developing Legal Framework for Defensive and Offensive Cyber Operations, http://harvardnsj.org/wp-content/uploads/2011/02/Vol.-2_Bradbury_Final1.pdf)

Evolving customary law. This approach also accommodates the reality that how the U.
AND
norms. I think that’s the way we should want it to work.

Norms are essential to solve — they can’t be created unless OCOs are addressed

Goldsmith 10
, Professor of Law at Harvard, Can we stop the Cyber Arms Race, Jack Goldsmith teaches at Harvard Law School and is on the Hoover Institution’s Task Force on National Security and Law. He was a member of a 2009 National Academies committee that issued the report and#34;Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities.and#34;, http://articles.washingtonpost.com/2010-02-01/opinions/36895669_1_botnets-cyber-attacks-computer-attacks

In a speech this month on and#34;Internet freedom,and#34; Secretary of State Hillary Clinton
AND
arms race in an arena where the offense already has a natural advantage.

It’s reverse causal — lack of norms guarantee escalatory conflict — the U.S. is key

Lewis 11
Senior Fellow at CSIS (James Andrew, Confidence-building and international agreement in cybersecurity, citizenlab.org/cybernorms2012/Lewis2011.pdf)

Alternatives to a formal cyber treaty began to appear as early as 2008. Rejecting
AND
which states might concede a degree of sovereignty in exchange for greater security.

Second it solves perception — Congressionally initiated restriction is necessary to reverse the signal of independent presidential authority— now is key

Dycus 10 
Professor of National Security Law Stephen is a Professor of national security law at Vermont Law School, former member of the National Academies committee on cyber warfare, LLM, Harvard University, LLB, BA, Southern Methodist University, and#34;Congress’ Role in Cyber Warfare,and#34; Journal of National Security Law 26 Policy, 4(1), 2010, p.161-164, http://www.jnslp.com/read/vol4no1/11_Dycus.pdf

In his celebrated concurring opinion in The Steel Seizure Case, Justice Jackson cautioned that
AND
in order to be able to participate in the formulation of national policy.

Congressional restrictions on OCOs send a global signal of cyber leadership that solves reckless use of OCOs

Bastby 12 
Chairwoman of the American Bar Association’s Privacy and Computer Crime Committee (Judy, CEO of Global Cyber Risk, and#34;U.S. Administration’s Reckless Cyber Policy Puts Nation at Riskand#34; June 4, 2012, http://www.forbes.com/sites/jodywestby/2012/06/04/u-s-administrations-reckless-cyber-policy-puts-nation-at-risk/2/) 

Perhaps more important than being out of the cyber coordination loop, is the how
AND
put our nation at risk and demonstrates cyber irresponsiblity, not cyber leadership.

Congress must initiate the restriction — anything else is perceived as abdication

Hansen 26 Friedman 9 
Professors at the New England School of Law, (Victor and Lawrence, The Case for Congress: Separation of Powers and the War on Terror, p.130)

The problem, of course, is that much of this congressional involvement has come
AND
more difficult for Congress to stand up to an assertive and aggressive president.

2AC

T

Restrict and prohibit are synonymous

Paust ’08 (Mike 26 Teresa Baker Law Center Professor, University of Houston)
Jordan 14 U.C. Davis J. Int’l L. 26 Pol’y 205
The primacy of customary international law is also evident in an opinion by Justice Chase
AND
of war recognizably had a higher, and#34;more generaland#34; absorbing effect.

Counter-interp: Statutory restrictions are legislative limits

Law dictionary No Date
http://thelawdictionary.org/statutory-restriction/
STATUTORY RESTRICTION?
Limits or controls that have been place on activities by its ruling legislation

Neg interp impossible: Congress CANNOT prohibit

Colella ’88
Frank SPRING, 1988 54 Brooklyn L. Rev. 131

Because the subsequent versions of the amendment sought to deny the executive any latitude in
AND
make it apparent that Congress prevented effective execution of the president’s policy objectives.

Arms Races

They say prolif of weapons is inevitable but No capability for cyber attack now

Economist 12
and#34;Hype and fear,and#34; 6/8/12, http://www.economist.com/news/international/21567886-america-leading-way-developing-doctrines-cyber-warfare-other-countries-may-http://www.economist.com/news/international/21567886-america-leading-way-developing-doctrines-cyber-warfare-other-countries-may SJE

Cyber-disruption has nuisance value and may be costly to repair, but it
AND
team that is needed, the more likely it is to be penetrated.

Banning preemptive attacks solves norms

Clarke and Knake ’10
~Richard Alan Clarke is the former National Coordinator for Security, Infrastructure Protection, and Counter-terrorism for the United States. Robert K. Knake, Former international affairs fellow in residence @ CFR. Cyber War. ETB~

In nuclear war strategy, the Soviet Union proposed that we and ¶ they agree
AND
. may ¶ not want to provoke a cyber phase to a war.

====Norms solve completely – Bradbury 11 says Congressional restrictions uniquely send an international symbol that is modeled====

DA

Won’t pass - election fears and Obama’s approach prolongs Republican backlash

Kaplan 10-3
~Rebecca, serves as City Councilmember At-Large for Oakland, California, CBS News, and#34;Why is it so difficult to end the government shutdown?and#34; http://www.cbsnews.com/8301-250_162-57605784/why-is-it-so-difficult-to-end-the-government-shutdown/-http://www.cbsnews.com/8301-250_162-57605784/why-is-it-so-difficult-to-end-the-government-shutdown/~~

As the government shutdown enters its third day, Democrats and Republicans seem no closer
AND
said, will give Republicans more areas where they can look for victory.

The plan is a concession – dems would have to vote for the plan which appeases the GOP – causes a deal

Todd 10-3
and#34;A Potential Way out,and#34; http://firstread.nbcnews.com/_news/2013/10/03/20801495-first-thoughts-a-potential-way-out-http://firstread.nbcnews.com/_news/2013/10/03/20801495-first-thoughts-a-potential-way-out

and#34;We have to get something out of thisand#34;: This is where Rep.
AND
Boehner spin it any way he wants to simply get the government open.

FERC thumps

Dixon 10/1
(Darius Dixon, Politico, and#34;Obama FERC nominee Ron Binz withdraws amid coal pushbackand#34;,    http://www.politico.com/story/2013/10/ron-binz-ferc-nominee-withdraws-name-97623.html-http://www.politico.com/story/2013/10/ron-binz-ferc-nominee-withdraws-name-97623.html, October 1, 2013) 

President Barack Obama’s nominee to lead the Federal Energy Regulatory Commission abandoned his quest Tuesday
AND
, while his supporters lamented that partisan bickering had defeated a qualified candidate.

No link — the plan’s not controversial

Perera 6/26, SACS calls for new oversight of Cyber Command, David Perera is executive editor of the FierceMarkets Government Group, which includes FierceGovernment, FierceGovernmentIT, FierceHomelandSecurity, and FierceMobileGovernment. He has reported on all things federal since January 2004 and is co-author of Inside Guide to the Federal IT Market-http://store.brightkey.net/mconcepts_ebiz/OnlineStore/ProductDetail.aspx?ProductId=201530, a book published in October 2012., http://www.fiercegovernmentit.com/story/sasc-calls-new-oversight-cyber-command/2013-06-26-http://www.fiercegovernmentit.com/story/sasc-calls-new-oversight-cyber-command/2013-06-26
The Senate Armed Services Committee says it has concerns that oversight of Cyber Command and the cyber mission within the Defense Departments and#34;is fragmented and weak,and#34; calling for creation of a Senate-confirmed position within the undersecretary of defense for policy to supervise and manage the funds of offensive cyber forces.
The Senate committee voted 23-3 on June 14 to report its version of the fiscal 2014 national defense authorization act (S. 1197-http://hdl.loc.gov/loc.uscongress/legislation.113s1197), detailing its intentions in a newly released legislative report -http://www.gpo.gov/fdsys/pkg/CRPT-113srpt44/pdf/CRPT-113srpt44.pdf(.pdf).

It’s super popular

Bradbury 11, Steven G. Bradbury is an attorney at the Washington, D.C office of Dechert LLP-http://en.wikipedia.org/wiki/Dechert_LLP.
Bradbury was head of the Office of Legal Counsel-http://en.wikipedia.org/wiki/Office_of_Legal_Counsel (OLC) in the United States Department of Justice-http://en.wikipedia.org/wiki/United_States_Department_of_Justice during the George W. Bush administration-http://en.wikipedia.org/wiki/George_W._Bush_administration, 2005-January 2009. Appointed the Principal Deputy Assistant Attorney General for OLC in April 2004, he became the Acting Assistant Attorney General in 2005. He was nominated by President George W. Bush-http://en.wikipedia.org/wiki/George_W._Bush to be the Assistant Attorney General for OLC in June 2005. His nomination was approved by the Senate Judiciary Committee-http://en.wikipedia.org/wiki/Senate_Judiciary_Committee in November 2005 but was never voted on by the full Senate, The Developing Legal Framework for Defensive and Offensive Cyber Operations, This speech was the Keynote address at the Harvard National Security Journal Symposium, http://harvardnsj.org/wp-content/uploads/2011/02/Vol.-2_Bradbury_Final1.pdf-http://harvardnsj.org/wp-content/uploads/2011/02/Vol.-2_Bradbury_Final1.pdf
Congressional reporting. The National Security Act also ¶ requires the President and DNI to
AND
have oversight jurisdiction, and they all jealously guard their respective ¶ domains.

PC isn’t key and Obama isn’t spending it

Allen, 9/27
Politics reporter for Politico (Jonathan, and#34;President Obama’s distance diplomacyand#34; http://www.politico.com/story/2013/09/government-shutdown-barack-obama-house-gop-97483.html?hp=t3_3-http://www.politico.com/story/2013/09/government-shutdown-barack-obama-house-gop-97483.html?hp=t3_3)

The White House’s distance diplomacy with Republicans is an approach that tacitly acknowledges three inescapable
AND
the president’s always had a and#34;laissez-faireand#34; approach to Congress.

No impact – multiple factors check

FXStreet.com, 9/25
An investing website (and#34;4 Reasons Why You Shouldn’t Worry Over This Year’s Debt Ceiling Deadlineand#34; http://www.fxstreet.com/analysis/piponomics/2013/09/25/-http://www.fxstreet.com/analysis/piponomics/2013/09/25/)

The U.S. debt ceiling deadline may be looming like dark clouds over
AND
has gone relatively smoothly since early this year despite the onslaught of criticism.

XO solves

Weisenyhal 9/30
(Joe Weisenthal 9/30, Executive Editor for Business Insider, and#34;It Increasingly Looks Like Obama Will Have To Raise The Debt Ceiling All By Himself,and#34; http://www.businessinsider.com/it-increasingly-looks-like-obama-will-have-to-raise-the-debt-ceiling-all-by-himself-2013-9-http://www.businessinsider.com/it-increasingly-looks-like-obama-will-have-to-raise-the-debt-ceiling-all-by-himself-2013-9)

With no movement on either side and the debt ceiling fast approaching, there’s increasing
AND
around, again, Clinton is advising Obama to call the GOP’s bluff.

No impact to econ decline

Miller 2k
(Morris, economist, adjunct professor in the University of Ottawa’s Faculty of Administration, consultant on international development issues, former Executive Director and Senior Economist at the World Bank, Winter, Interdisciplinary Science Reviews, Vol. 25, Iss. 4, and#34;Poverty as a cause of wars?and#34; p. Proquest)

The question may be reformulated. Do wars spring from a popular reaction to a
AND
by increasing repression (thereby using one form of violence to abort another).

PC is low and decreasing

Steinhauser, 9/26
CNN Political Editor (Paul, and#34;Obama’s support slips; controversies, sluggish economy citedand#34; http://www.cnn.com/2013/09/26/politics/cnn-poll-of-polls-obama/?hpt=po_c2-http://www.cnn.com/2013/09/26/politics/cnn-poll-of-polls-obama/?hpt=po_c2) 

As he battles with congressional Republicans over the budget and the debt ceiling, and
AND
will not negotiate with the GOP in Congress over extending the debt ceiling.

XO

Doesn’t solve modeling

Rothschild 13 (Matthew, Feb 4, and#34;The Danger’s of Obama’s Cyber War Power Grab,and#34; www.progressive.org/dangers-of-obama-cyber-war-power-grab-http://www.progressive.org/dangers-of-obama-cyber-war-power-grab)

When our founders were drafting the Constitution, they went out of their way to
AND
successors.¶ They, too, worry about the temptations of a President.

Perm — do both — Congressional involvement makes the plan popular — the CP links to politics

Corcoran 11 —- Professor of Law and Director at University of New Hampshire School of Law (March 2011, Erin M., University of New Hampshire Law Review, and#34;Obama’s Failed Attempt to Close Gitmo: Why Executive Orders Can’t Bring About Systemic Change,and#34; 9 U.N.H. L. Rev. 207))
Finally, this example highlights that issuing unilateral executive orders, and then asking Congress
AND
and can use this knowledge when advancing the President’s future controversial policy changes.

Links to politics – congress wants to be involved

Sasso 2012
(Brandon Sasso, December 21, 2012, and#34;House Republicans urge Obama not to issue cybersecurity order,and#34; The Hill, http://thehill.com/blogs/hillicon-valley/technology/274391-house-republicans-urge-obama-not-to-issue-cybersecurity-order)

A group of 46 House Republicans, led by Reps. Marsha Blackburn (Tenn
AND
letter, the House Republicans urged the administration to continue working with Congress. 

Future presidents roll back

Harvard Law Review 12, and#34;Developments in the Law: Presidential Authority,and#34; Vol. 125:2057, www.harvardlawreview.org/media/pdf/vol125_devo.pdf
The recent history of signing statements demonstrates how public opinion can effectively check presidential expansions
AND
practices. 147 Only time, and perhaps public opinion, will tell.

Congressional failure to act leads to massive expansion in prez power - now key

Dycus 10
~Stephen, Professor, Vermont Law School. JOURNAL OF NATIONAL SECURITY LAW 26POLICY 4.155.
http://jnslp.com/wp-content/uploads/2010/08/11_Dycus.pdf-http://jnslp.com/wp-content/uploads/2010/08/11_Dycus.pdf ETB~

If Congress now fails to enact guidelines for cyber warfare, it might ¶ be
AND
order to be able to ¶ participate in the formulation of national policy.

Unfettered presidential powers cause nuclear war

Forrester 89 
Professor, Hastings College of the Law (Ray, August 1989, ESSAY: Presidential Wars in the Nuclear Age: An Unresolved Problem, 57 Geo. Wash. L. Rev. 1636)
*evidence is gendered modified

On the basis of this report, the startling fact is that one man ~
AND
, indeed, humanity in general, probably would be unable to survive.

K

5. Threats are real – we can’t ignore them

Olav. F. Knudsen, Prof @ Södertörn Univ College, 01 ~Security Dialogue 32.3, and#34;Post-Copenhagen Security Studies: Desecuritizing  Securitization,and#34; p. 360~ 

In the post-Cold War period, agenda-setting has been much easier
AND
instance), not least to find adequate democratic procedures for dealing with them.

6. Security ensures emancipation – key to value to life

Ken Booth, Prof. of IR @ Wales, ’5 ~Critical Security Studies and World Politics, p. 22~

The best starting point for conceptualizing security lies in the real conditions of insecurity suffered
AND
process by which the human species can reinvent itself beyond the merely biological.

8. Realism is inevitable - rejecting it makes it more dangerous

Stefano Guzzini, Assistant Professor at Central European Univ., Realism in International Relations and International Political Economy, 1998, p. 212

Therefore, in a third step, this chapter also claims that it is impossible
AND
the name, although not always necessarily in the spirit, of realism.

9. Monolithic rejection of security fails – precludes positive change

Roe 2012 (Paul Roe, Associate Professor in the Department of International Relations and European Studies at Central European University, Budapest, and#34;Is securitization a ’negative’ concept? Revisiting the normative debate over normal versus extraordinary politics,and#34; Security Dialogue vol. 43 no. 3, June 2012)

Although for Aradau, the solution to security’s barred universality lies not in desecuritization –
AND
reciprocity, justice and dignity (Booth, 2007: 136–40).

10. Infinite number of ’root causes’ means only threat analysis solves

Moore 4 Walter L. Brown Professor of Law at the University of Virginia School of Law (John Norton Moore, and#34;Solving the War Puzzle: beyond the democratic peace,and#34; pg 41-43)

If major interstate war is predominantly a product of a synergy between a potential nondemocratic
AND
including displeasure of the electorate at having war imposed upon it by its o

1AR

DA

No link uniqueness – Obama’s political capital is down now

O’Brien 10-1
O’Brien, NBC News political reporter, 10-1-13¶ (Michael, and#34;Winners and losers of the government shutdownand#34;, http://nbcpolitics.nbcnews.com/_news/2013/10/01/20763839-winners-and-losers-of-the-government-shutdown?lite-http://nbcpolitics.nbcnews.com/_news/2013/10/01/20763839-winners-and-losers-of-the-government-shutdown?lite, ldg)

The fiscal fight is a double-edged sword for Obama. Yes, the
AND
-term priorities, like comprehensive immigration reform, are on life support.

Obama PC Low- Syria and Obamacare

National Review 9-30
and#34;The Week,and#34; accessed via Lexis-Nexis 

— For the Obama administration, big speeches are like the morning-after pill
AND
it will reduce insurance premiums — are in the aggregate no longer defensible.

History proves

Ferguson 6
Laurence A. Tisch prof of History at Harvard. William Ziegler of Business Administration at Harvard. MA and D.Phil from Glasgow and Oxford (Niall, and#34;The Next War of the World,and#34; September/October 2006, http://www.realclearpolitics.com/articles/2006/09/the_next_war_of_the_world.html)

Nor can economic crises explain the bloodshed. What may be the most familiar causal
AND
economic catastrophe, and some severe economic crises were not followed by wars.

Econ collapse saps resources from military aggression

Bennett 2k
PolSci Prof, Penn State (Scott and Timothy Nordstrom, Foreign Policy Substitutability and Internal Economic Problems in Enduring Rivalries, Journal of Conflict Resolution, Ebsco)

Conflict settlement is also a distinct route to dealing with internal problems that leaders in
AND
of Soviet Socialist Republics could no longer compete economically with the United States.

Tournament: Kentucky | Round: 6 | Opponent: Michigan CP | Judge: Katie Frederick

1AC

1AC - Arms Races

Contention 1 is Arms Races

The cyber arms race is accelerating — major attacks are inevitable this year — the best data proves

Goldman 13 
CNN Writer, Nations Prepare for Cyberwar, http://money.cnn.com/2013/01/07/technology/security/cyber-war/index.html

Security analysts are predicting that 2013 is when nation-sponsored cyberwarfare goes mainstream —
AND
are particularly vulnerable, according to numerous assessments delivered to Congress last year.

Specifically, OCOs drive arms races and retaliation

Moss 13
Columnist at The Diplomat Trefor Moss is an independent journalist based in Hong Kong. He covers Asian politics, defence and security, and was Asia-Pacific Editor at Jane’s Defence Weekly until 2009, Is Cyber War the New Cold War?, 4/19/13, http://thediplomat.com/2013/04/19/is-cyber-war-the-new-cold-war/2/

Although setting up a cybersecurity working group with China, Washington has also signaled it
AND
, the risk of it spilling over into kinetic hostilities will only grow.

Cyber arms race causes world war

there are no checks on escalation, deterrence doesn’t apply, and only a certain commitment to the plan solves
CSM 11 
Christian Science Monitor
(3/7, Mark Clayton, The new cyber arms race, www.csmonitor.com/USA/Military/2011/0307/The-new-cyber-arms-race)

The new cyber arms race Tomorrow’s wars will be fought not just with guns,
AND
use of cyberattack is ill-formed, undeveloped, and highly uncertain."

Congressional constraints of OCOs are key to solve nuclear war

arms-racing, command and control hacking, crisis instability, and fracturing nuclear agreements
Austin, 8/6 
Director of Policy Innovation at the EastWest Institute, Costs of American Cyber Superiority, http://www.chinausfocus.com/peace-security/costs-of-american-cyber-superiority/

The United States is racing for the technological frontier in military and intelligence uses of
AND
be every bit as reasonable given their anxiety about unconstrained American cyber superiority.

Cyberwar escalates:

A) Speed, scope, and spoofing

Clarke and Knake ’12 
(Richard (former National Coordinator for Security, Infrastructure Protection, and Counter-terrorism for the United States) and Robert (Cybersecurity and homeland security expert at the Council on Foreign Relations), Cyber War: The Next Threat to National Security and What to Do About It, Harper Collins Books, 2012, RSR)

In our hypothetical exercise, the Chinese response aimed at four U.S.
AND
.¶ But what about collateral damage in the country that is being targeted?

b) Pressure to retaliate

Owens et al 9
(William A. Owens, as an Admiral in the United States Navy and later Vice Chairman of the Joint Chiefs of Staff, Kenneth W. Dam, served as Deputy Secretary of the Treasury from 2001 to 2003, where he specialized in international economic development, Herbert S. Lin, Senior Scientist and Study, "Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities" 4/27/2009, http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf, KB)

But in many kinds of cyberattack, the magnitude of the impact of the ¶
AND
. Such a situation has ¶ obvious potential for inappropriate and unintended escalation.

1AC - Alliances

Contention 2 is Alliances

Congressional restrictions necessary for allied cooperation— restoring legitimacy to OCOs is key to cyber coalitions

Dunlap 12
Major General and Former Deputy Judge Advocate General (Lawless Cyberwar? Not If You Want to Win, www.americanbar.org/groups/public_services/law_national_security/patriot_debates2/the_book_online/ch9/ch9_ess2.html)

Military commanders have seen the no-legal-limits movie before and they do
AND
impact on coalition support that the mere perception of American lawlessness can have.

The small concession of the plan is key — it increases key flexibility and secures cyberspace

Lord et al 11 
Vice President and Director of Studies at the Center for a New American Security
(Kristin M., Travis Sharp is the Bacevich Fellow at the Center for a New American Security. Joseph S. Nye, Jr. is University Distinguished Service Professor at the Kennedy School of  
Government at Harvard University. Mike McConnell is Executive Vice President of Booz Allen Hamilton and former Director of  National Intelligence and Director of the National Security Agency. Gary McGraw is Chief Technology Officer of Cigital, Inc., a software security consultancy, and  author of eight books on software security. Nathaniel Fick is Chief Executive Officer of the Center for a New American Security. Thomas G. Mahnken is Jerome E. Levy Chair of Economic Geography and National Security  at the U.S. Naval War College and a Visiting Scholar at the Johns Hopkins School of Advanced  International Studies. Gregory J. Rattray is a Partner at Delta Risk LLC and Senior Vice President for Security at BITS, the  technology policy division of The Financial Services Roundtable. Jason Healey is Director of the Cyber Statecraft Initiative at the Atlantic Council and Executive  Director of the Cyber Conflict Studies Association. Martha Finnemore is Professor of Political Science and International Affairs at The George  Washington University. David A. Gross is a Partner at Wiley Rein LLP and a former Ambassador and Coordinator for  International Communications and Information Policy at the State Department. Nova J. Daly is a Public Policy Consultant at Wiley Rein LLP and former Deputy Assistant Secretary  for Investment Security in the Office of International Affairs at the Treasury Department. M. Ethan Lucarelli is an Associate at Wiley Rein LLP. Roger H. Miksad is an Associate at Wiley Rein LLP. James A. Lewis is a Senior Fellow and Director of the Technology and Public Policy Program at the  Center for Strategic and International Studies. Richard Fontaine is a Senior Fellow at the Center for a New American Security. Will Rogers is a Research Associate at the Center for a New American Security. Christopher M. Schroeder is an Internet entrepreneur, Chief Executive Officer of HealthCentral.com  and a member of the Center for a New American Security’s board of advisors. Daniel E. Geer, Jr. is Chief Information Security Officer of In-Q-Tel, the independent investment firm  that identifies innovative technologies in support of the missions of the U.S. intelligence community. Robert E. Kahn is President and Chief Executive Officer of the Corporation for National Research  Initiatives and co-inventor of the TCP/IP protocol that is the foundation of the modern Internet. Peter Schwartz is Co-Founder and Chairman of Global Business Network and a member of the  Center for a New American Security’s board of directors, "America’s Cyber Future Security and Prosperity in the Information Age volume I" June 2011, http:// www.cnas.org/files/documents/publications/CNAS_Cyber_Volume20I_0.pdf)

The United States should lead a broad, multi-stakeholder international cyber security coalition
AND
in a way that defends the nation without subverting what it stands for. 

Status quo cyber doctrine undermines US credibility

Lawson ’10
~Sean Lawson is an assistant professor in the Department of Communication at the University of Utah. His research focuses on the relationships among science, technology, and the development of military theory and discourse, in particular the intersections of national security and military thought with new media, information, and communication technologies.¶ http://www.forbes.com/sites/firewall/2010/05/13/offensive-cyberwar-operations-as-communication/ ETB~

What’s more, John Arquilla has advocated taking offensive action against terrorist websites, and
AND
the most is the marketplace of ideas?  Etc., etc., etc.

Alliances prevent nuclear war—-key to burden sharing

Douglas Ross 99 is professor of political science at Simon Fraser University, Winter 1998/1999, Canada’s functional ¶ isolationism and the future of weapons of mass destruction, International Journal, p. lexis
Thus, an easily accessible tax base has long been available for spending much more
AND
world community have any plausible hope of avoiding warfare involving nuclear or other WMD

Coalition building key to solve extinction

Joseph Nye 8 is professor of international relations at Harvard University, "American Power After the Financial Crises," http://www.foresightproject.net/publications/articles/article.asp?p=3533, DOA: 7-23-13, y2k
Power always depends on context, and in today’s world, it is distributed in
AND
even the largest country cannot achieve its aims without the help of others.

Legitimacy is key to band-wagon

Lee 10
Lavina Rajendram Lee 10 is a lecturer in the Department of Modern History, Politics and International Relations at Macquarie University, Australia, and has a PhD in International Relations from the University of Sydney. "US Hegemony and International Legitimacy," 1-25-10, http://www.routledge.com/books/details/9780415552363/, Accessed date: 11-7-12 y2k

This book examines US hegemony and international legitimacy in the post-Cold War era
AND
rehabilitate the global leadership credentials of the United States under the Obama Administration. 

Chinese anti-access capabilities critically depend on cyber — allied cooperation is key to counter them

Kazianis 12 
Assistant Editor for The Diplomat and a non-resident fellow at the Pacific Forum
(Harry, "A Plea for an Alliance-Based ’AirSeaCyber’ Joint Operational Concept" July 17, 2012, http://rpdefense.over-blog.com/article-a-plea-for-an-alliance-based-airseacyber-joint-operational-concept-108240342.html)

In Pacific Forum’s PacNet ~2341 issue, Mihoko Matsubara correctly asserts that "countering
AND
create a strong force multiplier effect and should be considered a top priority.

China’s rapidly modernizing its military for an A2AD strategy — that fuels territorial disputes

RTT 13 
China’s Anti-access And Area-denial Capabilities Bolstered: Pentagon Report, http://www.rttnews.com/2111200/china-s-anti-access-and-area-denial-capabilities-bolstered-pentagon-report.aspx

A new report of the U.S. Defense Department says that China is
AND
and has other territorial disputes with regional neighbors in the South China Sea.

PLA doctrine proves Chinese aggression against Taiwan and the South China Sea are inevitable — A2AD is the linchpin of this capability

Yoshihara 10 
(Dr. Toshi Yoshihara, Associate Professor in the Strategy and Policy Department at the Naval War College, former Visiting Professor at the U.S. Air War College, Ph.D. International Relations, The Fletcher School of Law and Diplomacy, Tufts University, M.A. International Relations, School of Advanced International Studies, Johns Hopkins University, B.S. International Relations, School of Foreign Service, Georgetown University, "Chinese Missile Strategy and the U.S. Naval Presence in Japan: The Operational View from Beijing," Naval War College Review, 7-1-2010, (... denotes non-US-ASCII text omitted) http://www.faqs.org/periodicals/201007/2046727461.html) 

In recent years, defense analysts in the United States have substantially revised their estimates
AND
which China might seek to conduct conventional missile operations against outside intervention.43 

Taiwan crisis is imminent and causes nuclear war

Colby et al 13 
Elbridgc A. Colby. cochair, is a principal analyst and drvison lead for global strategic affairs at the Center for Naval Analyses (CNA). where he focuses on strateg deterrence, nuclear weapons, and related issues. Previously, he served as policy adviser to the secretary of defense’s representative for the new Strategic Arms Reduction Treaty, as an expert adviser to the Congressional Strategic Posture Commission, as a staff member on the President’s Commission on the Intdhgcnce Capa biLities of the US. Regarding WMD. and in a number of other government positions. Mr. Colby also serves or has served as a consultant to a number of U.S government bodies. He publishes and speaks regularly on strategic issues in the United States. Europe, and Asia. Mr. Colby is a graduate of Harvard College and Yale Law School and is a member of the Council on Foreign Rdations (term) and of the International Institute of Strategic Studies Abraham M. Denmark. cochair. is vice president for political and security affairs at the National Bure-au of Asian Research (NBR) and is an Asia-Pacific security adviser at the Center for Naval Analyses. He manages NBR research programs, dialogues, projects, and initiatives reLated to po. litical and security issues in the Asia-Pacific region. He has experience both inside and outside of government, having previously worked as a fellow at the Center for a New American Security and as country director for China affairs in the Office of the Secretary of Deknse. Mr. Denmark holds an MA. in international security from the Josef Korbel Schoel of International Studies at the University of Denver and has studied at China’s Foreign Atfairs University and Peking Universit, Nuclear Weapons and U.S.-China Relations, http://csis.org/files/publication/130307_Colby_USChinaNuclear_Web.pdf

Taiwan.  Taiwan remains the single most plausible and dangerous source of tension and conflict
AND
of U.S. defense commitments in the Asia-Pacific region.

So does conflict over the South China Sea

Rehman 13 
Stanton Nuclear Security Fellow, Iskander Rehman was an associate in the Nuclear Policy Program at the Carnegie Endowment and a Stanton Nuclear Security Fellow. His research focuses on security and crisis stability in Asia, specifically the geopolitical ramifications of naval nuclearization in the Indian Ocean, 3/9/13, Dragon in a Bathtub: Chinese Nuclear Submarines and the South China Sea, http://carnegieendowment.org/2013/03/09/dragon-in-bathtub-chinese-nuclear-submarines-and-south-china-sea/fpjl

Despite America’s best efforts to construct stronger ties with China, relations in-between
AND
is also rapidly morphing into one of the world’s most sensitive nuclear hotspots.

Their defense doesn’t apply

Chinese fear of US cyber unilateralism means escalation is probable

VornDick 7/30/12
~Wilson VornDick is a lieutenant commander in the U.S. Navy, where he is assigned to the Pentagon. Previously, he worked at the Chinese Maritime Studies Institute at the U.S. Naval War College. http://nationalinterest.org/commentary/the-real-us-chinese-cyber-problem-8796?page=1 ETB~

Yet, Chinese media reports have filled some of the void with regards to ROE
AND
of action than its professed desire to conduct only defensive and nonaggressive operations.

Cyber stimulates risk taking and lowers conflict inhibition

Dobbins et al. ’11
~Ambassador James F. Dobbins, a veteran diplomat and the current director of the RAND International Security and Defense Policy Center as well the US special representative for Afghanistan and Pakistan. David C. Gompert was Principal Deputy Director of National Intelligence from 2009 to 2010. During 2010, he served as Acting Director of National Intelligence, in which capacity he provided strategic oversight of the U.S. Intelligence Community, and acted as the President’s chief intelligence advisor. Gompert is currently Distinguished Visiting Professor for National Security Studies at the United States Naval Academy, and Adjunct Senior Fellow of the RAND Corporation. He is a Trustee of Hopkins House Academy, a Director of the Rufus Porter Museum, a Director of Global Integrated Security (USA), Inc., a member of the Advisory Board of the Naval Academy Center for Cyber Security Studies, and Chairman of the Advisory Board of the Institute for the Study of Early Childhood Education. David A. Shlapak, Senior International Policy Analyst @ RAND. Andrew Scobell is a senior political scientist at the RAND Corporation. Prior to this he was an associate professor of international affairs at the George H. W. Bush School of Government and Public Service (with tenure) and director of the China certificate program at Texas A26M University in College Station, Texas. From 1999 until 2007, he was associate research professor in the Strategic Studies Institute at the U.S. Army War College and adjunct professor of political science at Dickinson College. http://www.rand.org/content/dam/rand/pubs/occasional_papers/2011/RAND_OP344.pdf ETB~

The difficulties of direct defense could be greatly accelerated by Chinese development and ¶ use
AND
pace in quality if not quantity with Chinese advances in the military field.

1AC - Plan

The United States federal government should substantially increase restrictions on the war powers authority of the president of the United States by removing the authority to authorize the preemptive use of large-scale cyber-attacks, except in direct support of authorized United States military operations.

1AC - Solvency

Contention 3 is solvency

First, norm-setting — all eyes are on the U.S. —other countries model our use of OCOs — clear restrictions on use are essential

Bradbury 11
Assistant Attorney General for the Office of Legal Counsel
(Steven, The Developing Legal Framework for Defensive and Offensive Cyber Operations, http://harvardnsj.org/wp-content/uploads/2011/02/Vol.-2_Bradbury_Final1.pdf)

Evolving customary law. This approach also accommodates the reality that how the U.
AND
norms. I think that’s the way we should want it to work.

Norms are essential to solve — they can’t be created unless OCOs are addressed

Goldsmith 10
, Professor of Law at Harvard, Can we stop the Cyber Arms Race, Jack Goldsmith teaches at Harvard Law School and is on the Hoover Institution’s Task Force on National Security and Law. He was a member of a 2009 National Academies committee that issued the report "Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities.", http://articles.washingtonpost.com/2010-02-01/opinions/36895669_1_botnets-cyber-attacks-computer-attacks

In a speech this month on "Internet freedom," Secretary of State Hillary Clinton
AND
arms race in an arena where the offense already has a natural advantage.

It’s reverse causal — lack of norms guarantee escalatory conflict — the U.S. is key

Lewis 11
Senior Fellow at CSIS (James Andrew, Confidence-building and international agreement in cybersecurity, citizenlab.org/cybernorms2012/Lewis2011.pdf)

Alternatives to a formal cyber treaty began to appear as early as 2008. Rejecting
AND
which states might concede a degree of sovereignty in exchange for greater security.

Second it solves perception — Congressionally initiated restriction is necessary to reverse the signal of independent presidential authority— now is key

Dycus 10 
Professor of National Security Law Stephen is a Professor of national security law at Vermont Law School, former member of the National Academies committee on cyber warfare, LLM, Harvard University, LLB, BA, Southern Methodist University, "Congress’ Role in Cyber Warfare," Journal of National Security Law 26 Policy, 4(1), 2010, p.161-164, http://www.jnslp.com/read/vol4no1/11_Dycus.pdf

In his celebrated concurring opinion in The Steel Seizure Case, Justice Jackson cautioned that
AND
in order to be able to participate in the formulation of national policy.

Congressional restrictions on OCOs send a global signal of cyber leadership that solves reckless use of OCOs

Bastby 12 
Chairwoman of the American Bar Association’s Privacy and Computer Crime Committee (Judy, CEO of Global Cyber Risk, "U.S. Administration’s Reckless Cyber Policy Puts Nation at Risk" June 4, 2012, http://www.forbes.com/sites/jodywestby/2012/06/04/u-s-administrations-reckless-cyber-policy-puts-nation-at-risk/2/) 

Perhaps more important than being out of the cyber coordination loop, is the how
AND
put our nation at risk and demonstrates cyber irresponsiblity, not cyber leadership.

Congress must initiate the restriction — anything else is perceived as abdication

Hansen 26 Friedman 9 
Professors at the New England School of Law, (Victor and Lawrence, The Case for Congress: Separation of Powers and the War on Terror, p.130)

The problem, of course, is that much of this congressional involvement has come
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more difficult for Congress to stand up to an assertive and aggressive president.

2AC

Arms Races

a) Probability – attribution, prolif, and absence of firebreak

Krepinevich 12
Andrew Krepinevich, defense policy analyst who currently serves as President of the Center for Strategic and Budgetary Assessments, "Cyber Warfare: A ’Nuclear Option?’," 2012 SJE

This assessment finds that we are far more likely to experience major cyber attacks than
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reconnaissance operations and those designed to implant cyber weapons or conduct an attack.

b) Timeframe - shorter response times and great risk of miscalc

Dycus 10 (Stephen, Professor, Vermont Law School, "Congress’s Role in Cyber Warfare", Journal of National Security Law and Privacy, Vol. 4, 2010, RSR)

Cyber weapons bear a striking resemblance to nuclear weapons in some ¶ important ways.
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, depending on the circumstances, violate the ¶ law of armed conflict.
The US has to take the lead – we can shape norms in our favor.
Beidleman ’9 (Scott, Lieutenant Colonel with the US Air Force, "Defining and Deterring Cyber War", Strategic Research Project, 2009, RSR)
The U.S. is uniquely suited to lead this effort. "The
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legal framework¶ and rules of engagement related to this new warfare."121
NFU for cyber warfare solves cyber war between US and China
Thompson, 11
(Mark, National Security writer for Time, "Cyberwishful Thinking", May 31, nation.time.com/2011/05/31/cyberwishful-thinking/ NL)
But others disagree. They argue that outlawing major-league cyberwars — or at
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But that, of course, assumes we didn’t cross that threshold yesterday.¶ 

Alliances

Adherence to rule of law is key to international co-op on cyber

Dunlap ’13
~Charles J. Dunlap, Jr. Major General, USAF (Ret.), Executive Director, Center on Law, Ethics, and National Security, Duke University School of Law. The Intersection of Law and Ethics in Cyberwar:  Some Reflections. ETB~

Adherence to the rule of law is especially important in the cyber realm because ¶
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is being conducted ¶ in an unfair, inhumane, or iniquitous way.

International Actors trust congress

Planet Washington 8/23/13
~http://blogs.mcclatchydc.com/washington/2013/08/obama-defends-nsa-surveillance-acknowledges-public-mistrust-.html, mg~

Obama said the latest revelation of NSA survellience showed that "NSA had inadvertently,
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hostile folks out there that potentially are trying to do us harm."¶ - 

Solvency

Prez will adhere to congressional constraints- fear of political costs

Bradley and Morrison ’13
~Curtis A., William Van Alstyne Professor of Law, Duke Law School. Trevor W., Liviu Librescu Professor of Law, Columbia Law School. Columbia Law Review 113. http://www.columbialawreview.org/wp-content/uploads/2013/05/Bradley-Morrison.pdf-http://www.columbialawreview.org/wp-content/uploads/2013/05/Bradley-Morrison.pdf ETB~

In addition to the constraining influence arising from the internalization of legal norms by executive
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¶ do not see any normative significance in the legal rule in question.

No capability for hacker cyber attack now- state sponsorship key

Economist 12
"Hype and fear," 6/8/12, http://www.economist.com/news/international/21567886-america-leading-way-developing-doctrines-cyber-warfare-other-countries-may-http://www.economist.com/news/international/21567886-america-leading-way-developing-doctrines-cyber-warfare-other-countries-may SJE

Cyber-disruption has nuisance value and may be costly to repair, but it
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team that is needed, the more likely it is to be penetrated.

OLC/XO

Doesn’t solve modeling

Rothschild 13 (Matthew, Feb 4, "The Danger’s of Obama’s Cyber War Power Grab," www.progressive.org/dangers-of-obama-cyber-war-power-grab-http://www.progressive.org/dangers-of-obama-cyber-war-power-grab)

When our founders were drafting the Constitution, they went out of their way to
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successors.¶ They, too, worry about the temptations of a President.

Perm — do both — Congressional involvement makes the plan popular — the CP links to politics

Corcoran 11 —- Professor of Law and Director at University of New Hampshire School of Law (March 2011, Erin M., University of New Hampshire Law Review, "Obama’s Failed Attempt to Close Gitmo: Why Executive Orders Can’t Bring About Systemic Change," 9 U.N.H. L. Rev. 207))
Finally, this example highlights that issuing unilateral executive orders, and then asking Congress
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and can use this knowledge when advancing the President’s future controversial policy changes.

Links to politics – congress wants to be involved

Sasso 2012
(Brandon Sasso, December 21, 2012, "House Republicans urge Obama not to issue cybersecurity order," The Hill, http://thehill.com/blogs/hillicon-valley/technology/274391-house-republicans-urge-obama-not-to-issue-cybersecurity-order)

A group of 46 House Republicans, led by Reps. Marsha Blackburn (Tenn
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letter, the House Republicans urged the administration to continue working with Congress. 

Future presidents roll back

Harvard Law Review 12, "Developments in the Law: Presidential Authority," Vol. 125:2057, www.harvardlawreview.org/media/pdf/vol125_devo.pdf
The recent history of signing statements demonstrates how public opinion can effectively check presidential expansions
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practices. 147 Only time, and perhaps public opinion, will tell.

Triggers litigation, OLC can’t speak to statutes, and White House Counsel Circumvents

Bruce Ackerman 11, Sterling Professor of Law and Political Science at Yale University, "LOST INSIDE THE BELTWAY: A REPLY TO PROFESSOR MORRISON," Harvard Law Review Forum Vol 124:13, http://www.harvardlawreview.org/media/pdf/vol124forum_ackerman.pdf
To see why, consider that the relationship between the WHC and the OLC is
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act of legal usurpation — even if that’s precisely what is happening.72

OLC Links to Politics

Eric Posner 11, the Kirkland 26 Ellis Professor, University of Chicago Law School. "DEFERENCE TO THE EXECUTIVE IN THE UNITED STATES AFTER 9/11 CONGRESS, THE COURTS AND THE OFFICE OF LEGAL COUNSEL" available at http://www.law.uchicago.edu/academics/publiclaw/index.html.
These two events neatly encapsulate the dilemma for OLC, and indeed all the president’s
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OLC only because he believes that OLC will strengthen his hand on net. 

Congressional failure to act leads to massive expansion in prez power - now key

Dycus 10
~Stephen, Professor, Vermont Law School. JOURNAL OF NATIONAL SECURITY LAW 26POLICY 4.155.
http://jnslp.com/wp-content/uploads/2010/08/11_Dycus.pdf-http://jnslp.com/wp-content/uploads/2010/08/11_Dycus.pdf ETB~

If Congress now fails to enact guidelines for cyber warfare, it might ¶ be
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order to be able to ¶ participate in the formulation of national policy.

Unfettered presidential powers cause nuclear war

Forrester 89 
Professor, Hastings College of the Law (Ray, August 1989, ESSAY: Presidential Wars in the Nuclear Age: An Unresolved Problem, 57 Geo. Wash. L. Rev. 1636)
*evidence is gendered modified

On the basis of this report, the startling fact is that one man ~
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, indeed, humanity in general, probably would be unable to survive.

Terror

No threat – weak leadership and no recent attacks

Zenko and Cohen 12, *Fellow in the Center for Preventive Action at the Council on Foreign Relations, *Fellow at the Century Foundation, (Micah and Michael, "Clear and Present Safety," March/April, Foreign Affairs, www.foreignaffairs.com/articles/137279/micah-zenko-and-michael-a-cohen/clear-and-present-safety

NONE OF this is meant to suggest that the United States faces no major challenges
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the intelligence and law enforcement agencies of the United States and its allies.¶ 

Terror risk down – foreign aid has reduced safe heavens in Pakistan

PTI ’13
(PTI "US assistance to Pakistan helps reduce terrorism: John Kerry" Apr 11, 2013, 09.55 AM IST http://timesofindia.indiatimes.com/world/pakistan/US-assistance-to-Pakistan-helps-reduce-terrorism-John-Kerry/articleshow/19488742.cms-http://timesofindia.indiatimes.com/world/pakistan/US-assistance-to-Pakistan-helps-reduce-terrorism-John-Kerry/articleshow/19488742.cms, TSW)

WASHINGTON: The US assistance to Pakistan has helped in reducing the conditions that foment
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Barack Obama in his annual budget under the overseas contingency operations (OCO).

Obama weak now- Syria deal

Maloof 9/13
F. Michael Maloof, senior staff writer for WND and the G2Bulletin, is a former security policy analyst in the Office of the Secretary of Defense¶ Read more at http://www.wnd.com/2013/09/putin-makes-obama-look-indecisive-weak/~~23JFIueVqdjRHQa1GD.99-http://www.wnd.com/2013/09/putin-makes-obama-look-indecisive-weak/ ETB

If Kerry and Lavrov come up with a plan, it will further consolidate Putin’s
AND
no one wants, and it will be all the Obama administration’s doing.

Massive alt causes to flex

Rozell 12
(Mark Rozell, Professor of Public Policy, George Mason University, "From Idealism to Power: The Presidency in the Age of Obama" 2012, http://www.libertylawsite.org/book-review/from-idealism-to-power-the-presidency-in-the-age-of-obama/-http://www.libertylawsite.org/book-review/from-idealism-to-power-the-presidency-in-the-age-of-obama/, KB)

A substantial portion of Goldsmith’s book presents in detail his case that various forces outside
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little understanding of the broader implications of tying down the president with legalisms.

====No impact to prez powers====
Healy 11
Gene Healy is a vice president at the Cato Institute and the author of The Cult of the Presidency, The CATO Institute, June 2011, "Book Review: Hail to the Tyrant", http://www.cato.org/publications/commentary/book-review-hail-tyrant

Legal checks "have been relaxed largely because of the need for centralized, relatively efficient government under the complex conditions of a modern dynamic economy and a highly interrelated international order." What’s more, the authors insist, America needs the legally unconstrained presidency both at home (given an increasingly complex economy) and abroad (given the shrinking of global distances).
These are disputed points, to say the least. If Friedrich Hayek was at
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means that other players have a stake in protecting the global trading system.
Posner and Vermuele coin the term "tyrannophobia," which stands for unjustified fear of
AND
to cede more power to the president even when more power is needed.
Fair enough in the abstract — but Posner and Vermuele fail to provide a single
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executive power is what stood between us and a much larger death toll.
Posner and Vermuele argue that only the executive unbound can address modernity’s myriad crises.
AND
device," according to Paul Wolfowitz — and perhaps no 9/11.
Posner and Vermuele are slightly more perceptive when it comes to the home front, letting drop as an aside the observation that because of the easy-money policy that helped inflate the housing bubble, "the Fed is at least partly responsible for both the financial crisis of 2008-2009 and for its resolution." Oh, well — I guess we’re even, then.
Sometimes, the authors are so enamored with the elegant economic models they construct that
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off and probably worse off than she would be under the unitary system."
But the government-as-firm metaphor is daffy. In the Madisonian vision
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to "consume" them — he might well favor constraints on production.
From Franklin Roosevelt onward, we’ve had something close to vertical integration under presidential command
AND
observed archly, "polls do not reveal the opinions of dead Iraqis."
ZERO risk of WMD terror – their evidence is alarmist
Mueller ’12 (John, Senior Research Scientist at the Mershon Center for International Security
AND
, No. 1 (Summer 2012), pp. 81–110)

Over the course of time, such essentially delusionary thinking has been internalized and institutionalized
AND
could reasonably be considered "massive," particularly in comparison with nuclear ones.

PTX

Won’t pass - election fears and Obama’s approach prolongs Republican backlash

Kaplan 10-3
~Rebecca, serves as City Councilmember At-Large for Oakland, California, CBS News, "Why is it so difficult to end the government shutdown?" http://www.cbsnews.com/8301-250_162-57605784/why-is-it-so-difficult-to-end-the-government-shutdown/-http://www.cbsnews.com/8301-250_162-57605784/why-is-it-so-difficult-to-end-the-government-shutdown/~~

As the government shutdown enters its third day, Democrats and Republicans seem no closer
AND
said, will give Republicans more areas where they can look for victory.

The plan is a concession – dems would have to vote for the plan which appeases the GOP – causes a deal

Todd 10-3
"A Potential Way out," http://firstread.nbcnews.com/_news/2013/10/03/20801495-first-thoughts-a-potential-way-out-http://firstread.nbcnews.com/_news/2013/10/03/20801495-first-thoughts-a-potential-way-out

"We have to get something out of this": This is where Rep.
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Boehner spin it any way he wants to simply get the government open.

FERC thumps

Dixon 10/1
(Darius Dixon, Politico, "Obama FERC nominee Ron Binz withdraws amid coal pushback",    http://www.politico.com/story/2013/10/ron-binz-ferc-nominee-withdraws-name-97623.html-http://www.politico.com/story/2013/10/ron-binz-ferc-nominee-withdraws-name-97623.html, October 1, 2013) 

President Barack Obama’s nominee to lead the Federal Energy Regulatory Commission abandoned his quest Tuesday
AND
, while his supporters lamented that partisan bickering had defeated a qualified candidate.

No link — the plan’s not controversial

Perera 6/26, SACS calls for new oversight of Cyber Command, David Perera is executive editor of the FierceMarkets Government Group, which includes FierceGovernment, FierceGovernmentIT, FierceHomelandSecurity, and FierceMobileGovernment. He has reported on all things federal since January 2004 and is co-author of Inside Guide to the Federal IT Market-http://store.brightkey.net/mconcepts_ebiz/OnlineStore/ProductDetail.aspx?ProductId=201530, a book published in October 2012., http://www.fiercegovernmentit.com/story/sasc-calls-new-oversight-cyber-command/2013-06-26-http://www.fiercegovernmentit.com/story/sasc-calls-new-oversight-cyber-command/2013-06-26
The Senate Armed Services Committee says it has concerns that oversight of Cyber Command and the cyber mission within the Defense Departments "is fragmented and weak," calling for creation of a Senate-confirmed position within the undersecretary of defense for policy to supervise and manage the funds of offensive cyber forces.
The Senate committee voted 23-3 on June 14 to report its version of the fiscal 2014 national defense authorization act (S. 1197-http://hdl.loc.gov/loc.uscongress/legislation.113s1197), detailing its intentions in a newly released legislative report -http://www.gpo.gov/fdsys/pkg/CRPT-113srpt44/pdf/CRPT-113srpt44.pdf(.pdf).

It’s super popular

Bradbury 11, Steven G. Bradbury is an attorney at the Washington, D.C office of Dechert LLP-http://en.wikipedia.org/wiki/Dechert_LLP.
Bradbury was head of the Office of Legal Counsel-http://en.wikipedia.org/wiki/Office_of_Legal_Counsel (OLC) in the United States Department of Justice-http://en.wikipedia.org/wiki/United_States_Department_of_Justice during the George W. Bush administration-http://en.wikipedia.org/wiki/George_W._Bush_administration, 2005-January 2009. Appointed the Principal Deputy Assistant Attorney General for OLC in April 2004, he became the Acting Assistant Attorney General in 2005. He was nominated by President George W. Bush-http://en.wikipedia.org/wiki/George_W._Bush to be the Assistant Attorney General for OLC in June 2005. His nomination was approved by the Senate Judiciary Committee-http://en.wikipedia.org/wiki/Senate_Judiciary_Committee in November 2005 but was never voted on by the full Senate, The Developing Legal Framework for Defensive and Offensive Cyber Operations, This speech was the Keynote address at the Harvard National Security Journal Symposium, http://harvardnsj.org/wp-content/uploads/2011/02/Vol.-2_Bradbury_Final1.pdf-http://harvardnsj.org/wp-content/uploads/2011/02/Vol.-2_Bradbury_Final1.pdf
Congressional reporting. The National Security Act also ¶ requires the President and DNI to
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have oversight jurisdiction, and they all jealously guard their respective ¶ domains.

PC isn’t key and Obama isn’t spending it

Allen, 9/27
Politics reporter for Politico (Jonathan, "President Obama’s distance diplomacy" http://www.politico.com/story/2013/09/government-shutdown-barack-obama-house-gop-97483.html?hp=t3_3-http://www.politico.com/story/2013/09/government-shutdown-barack-obama-house-gop-97483.html?hp=t3_3)

The White House’s distance diplomacy with Republicans is an approach that tacitly acknowledges three inescapable
AND
the president’s always had a "laissez-faire" approach to Congress.

No impact – multiple factors check

FXStreet.com, 9/25
An investing website ("4 Reasons Why You Shouldn’t Worry Over This Year’s Debt Ceiling Deadline" http://www.fxstreet.com/analysis/piponomics/2013/09/25/-http://www.fxstreet.com/analysis/piponomics/2013/09/25/)

The U.S. debt ceiling deadline may be looming like dark clouds over
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has gone relatively smoothly since early this year despite the onslaught of criticism.

XO solves

Weisenyhal 9/30
(Joe Weisenthal 9/30, Executive Editor for Business Insider, "It Increasingly Looks Like Obama Will Have To Raise The Debt Ceiling All By Himself," http://www.businessinsider.com/it-increasingly-looks-like-obama-will-have-to-raise-the-debt-ceiling-all-by-himself-2013-9-http://www.businessinsider.com/it-increasingly-looks-like-obama-will-have-to-raise-the-debt-ceiling-all-by-himself-2013-9)

With no movement on either side and the debt ceiling fast approaching, there’s increasing
AND
around, again, Clinton is advising Obama to call the GOP’s bluff.

No impact to econ decline

Miller 2k
(Morris, economist, adjunct professor in the University of Ottawa’s Faculty of Administration, consultant on international development issues, former Executive Director and Senior Economist at the World Bank, Winter, Interdisciplinary Science Reviews, Vol. 25, Iss. 4, "Poverty as a cause of wars?" p. Proquest)

The question may be reformulated. Do wars spring from a popular reaction to a
AND
by increasing repression (thereby using one form of violence to abort another).

Best data proves

Globe and Mail ’10 
(5/31/10, BRIAN MILNER, "While gloom says bear, TIGER points to bull", lexis, WEA)

Even at the height of the remarkable rebound of 2009 that brought stocks back from
AND
The reality, and the data, is that things are looking better."

PC is low and decreasing

Steinhauser, 9/26
CNN Political Editor (Paul, "Obama’s support slips; controversies, sluggish economy cited" http://www.cnn.com/2013/09/26/politics/cnn-poll-of-polls-obama/?hpt=po_c2-http://www.cnn.com/2013/09/26/politics/cnn-poll-of-polls-obama/?hpt=po_c2) 

As he battles with congressional Republicans over the budget and the debt ceiling, and
AND
will not negotiate with the GOP in Congress over extending the debt ceiling.

Tournament: Kentucky | Round: 8 | Opponent: Wichita State DS | Judge: Caleb Edwards

2AC

T

Restrict and regulate are synonymous

Paust ’08 (Mike 26 Teresa Baker Law Center Professor, University of Houston)
Jordan 14 U.C. Davis J. Int’l L. 26 Pol’y 205
The primacy of customary international law is also evident in an opinion by Justice Chase
AND
of war recognizably had a higher, "more general" absorbing effect.

Counter-interp: Statutory restrictions are legislative limits

Law dictionary No Date
http://thelawdictionary.org/statutory-restriction/
STATUTORY RESTRICTION?
Limits or controls that have been place on activities by its ruling legislation

Neg interp impossible: Congress CANNOT prohibit

Colella ’88
Frank SPRING, 1988 54 Brooklyn L. Rev. 131

Because the subsequent versions of the amendment sought to deny the executive any latitude in
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make it apparent that Congress prevented effective execution of the president’s policy objectives.

Arms Races

Cyber deterrence low now and fails

Clarke and Knake ’10
~Richard Alan Clarke is the former National Coordinator for Security, Infrastructure Protection, and Counter-terrorism for the United States. Robert K. Knake, Former international affairs fellow in residence @ CFR. Cyber War. ETB~
’
With a nuclear detonation, one could be fairly certain about ¶ what would happen
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prevention, plays no significant role in stop­¶ ping cyber war today.

No deterrent value to OCO’s

Lewis ’13
~James Andrew Lewis is a senior fellow and director of the Technology and Public Policy Program at the Center for Strategic and International Studies (CSIS), where he writes on technology, security and the international economy. Before joining CSIS, he worked at the Departments of State and Commerce as a Foreign Service Officer and as a member of the Senior Executive Service. http://www.worldpoliticsreview.com/articles/13009/thresholds-of-uncertainty-collective-defense-and-cybersecurity-http://www.worldpoliticsreview.com/articles/13009/thresholds-of-uncertainty-collective-defense-and-cybersecurity ETB~

While the deterrent value of offensive cyber-capabilities is practically nonexistent, cyber-
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of these issues must be addressed for any collective cyberdefense to be effective.

They say CW inev but Banning preemptive attacks solves

Clarke and Knake ’10
~Richard Alan Clarke is the former National Coordinator for Security, Infrastructure Protection, and Counter-terrorism for the United States. Robert K. Knake, Former international affairs fellow in residence @ CFR. Cyber War. ETB~

In nuclear war strategy, the Soviet Union proposed that we and ¶ they agree
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. may ¶ not want to provoke a cyber phase to a war.

CP

C. The counterplans covert action ensures unilateralism – prevents coalitions and fuels suspicion and cyberwar
Rishikof 11, Chair of the ABA Standing Committee on Law and National Security. Former professor of law and chair
(PROJECTING FORCE IN THE 21ST CENTURY - LEGITIMACY AND THE RULE OF LAWDepartment of National Security Strategy, National War Collegwww.rutgerslawreview.com/wp-content/uploads/archive/vol63/Issue4/Mustin-Rishikof_Article_PDF.pdf)
Covert action also enables unilateral action. The stealthy nature of covert action means that
AND
of this instrument when lethality is the goal raises issues of international legitimacy.

2. Perm do both — only the perm solves legitimacy — their author

Brecher 12 (Aaron P., , JD candidate at Michigan Law, Cyberattacks and the Covert Action Statute: Toward a Domestic Legal Framework for Offensive Cyberoperations, www.michiganlawreview.org/assets/pdfs/111/3/Brecher.pdf-http://www.michiganlawreview.org/assets/pdfs/111/3/Brecher.pdf)

It has become axiomatic of American constitutional doctrine that presidential decisions gain greater constitutional legitimacy
AND
place substantive limits on the scope of hostilities and the initiation of conflicts.

4. Links to politics – congress wants to be involved

Sasso 2012
(Brandon Sasso, December 21, 2012, "House Republicans urge Obama not to issue cybersecurity order," The Hill, http://thehill.com/blogs/hillicon-valley/technology/274391-house-republicans-urge-obama-not-to-issue-cybersecurity-order)

A group of 46 House Republicans, led by Reps. Marsha Blackburn (Tenn
AND
letter, the House Republicans urged the administration to continue working with Congress. 

5. Covert designation fuels suspicion and can’t solve cyber war — also removes international pressure from Chinese hacking

Wright 11, Executive director of studies at The Chicago Council on Global Affairs
(Thomas, 6/26, America has double standards in fighting cyberwar, www.ft.com/cms/s/0/c8002f6a-a01b-11e0-a115-00144feabdc0.html~23axzz1QYnW3i1w-http://www.ft.com/cms/s/0/c8002f6a-a01b-11e0-a115-00144feabdc0.html)
While it has several advantages, treating American cyber-destruction as a covert operation will severely undermine the new cyber-strategy. Suspicion that the US uses cyber­weapons whenever convenient will hamper its attempts to press other states to be transparent about their intentions. In particular, it takes the pressure off China, widely believed to be the leading state source of cyberattacks. It may also dissuade the US from developing the technology to trace the source of an attack.

Nuclear war
Sirota, Best-Selling Author, 11, David Sirota is a best-selling author of the new book "Back to Our Future: How the 1980s Explain the World We Live In Now.", The Terrorist Threat We’re Ignoring, http://www.salon.com/news/david_sirota/2011/07/11/trade_terrorism
All of these threats are, indeed, scary — and the last one,
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" password and again-http://www.ft.com/cms/s/0/9dba9ba2-5a3b-11dc-9bcd-0000779fd2ac.html breach computer networks deep within our national security apparatus.

6. Congressional involvement makes the plan popular — the CP links to politics

Corcoran 11 —- Professor of Law and Director at University of New Hampshire School of Law (March 2011, Erin M., University of New Hampshire Law Review, "Obama’s Failed Attempt to Close Gitmo: Why Executive Orders Can’t Bring About Systemic Change," 9 U.N.H. L. Rev. 207))
Finally, this example highlights that issuing unilateral executive orders, and then asking Congress
AND
and can use this knowledge when advancing the President’s future controversial policy changes.

Cyber Supremacy

Offenses trade off with defense- leads to prolif- game theory proves

Moore et al 10 Tyler Moore, Allan Friedman and Ariel D. Procaccia, Center for Research on Computation 26 Society, Harvard University, Would a ’Cyber Warrior’ Protect Us? Exploring Trade-offs Between Attack and Defense of Information Systems, http://www.nspw.org/papers/2010/nspw2010-moore.pdf-http://www.nspw.org/papers/2010/nspw2010-moore.pdf~~23SPS

The militarization of cyberspace represents a substantial¶ change in our understanding of information security
AND
, and¶ how best to shape policy that promotes better security investment.

Cyber war inevitable unless we build in DEFENSE

McGraw 13 Gary McGraw-http://www.tandfonline.com/action/doSearch?action=runSearch26type=advanced26searchType=journal26result=true26prevSearch=2Bauthorsfield3A(McGraw2C+G), PhD is Chief Technology Of?cer of Cigital, and author of¶ Software Security (AWL 2006) along with ten other software security¶ books. He also produces the monthly Silver Bullet Security Podcast for¶ IEEE Security 26 Privacy Magazine (syndicated by SearchSecurity), Cyber War is Inevitable (Unless We Build Security In), Journal of Strategic Studies - Volume 36, Issue 1, 2013, pages 109-119, http://www.tandfonline.com.proxy.library.cornell.edu/doi/pdf/10.1080/01402390.2012.742013-http://www.tandfonline.com.proxy.library.cornell.edu/doi/pdf/10.1080/01402390.2012.742013~~23SPS

Inevitable¶ The inevitable slide towards cyber war is accelerated by the systemic¶ vulnerability
AND
¶ vendors) than in the public sector, which lags years behind.

Defense key to cyber deterrence

Prisco 12 Nicholas, Maj. U.S. Army, The Criticality of Cyber Defense to Operational Commanders, 05-04-12, www.hsdl.org/?view26did=726655?~23SPS

Operational commanders should consider the criticality of defense in deterring ¶ adversaries from attacking their
AND
benefit of an attack despite ¶ the strength of offensive tools in cyberspace."¶ 

Defense outweighs offense when it comes to cyber

Drezner ’13
~Daniel W. Drezner is professor of international politics at the Fletcher School of Law and Diplomacy at Tufts University. http://drezner.foreignpolicy.com/posts/2013/02/04/im_cyber_confused-http://drezner.foreignpolicy.com/posts/2013/02/04/im_cyber_confused ETB~

There’s a lot going on in this story, but distilled to its elements,
AND
, defense would seem to me to be a far more important concern.

====Cyber defense key to deterrence- checks sub-state actors====
Lukasik ’10
~Stephen J. Lukasik, georgia institute of technology. A" Framework for Thinking About Cyber ¶ Conflict and Cyber Deterrence with Possible ¶ Declaratory Policies for These Domains." In Proceedings of a Workshop on Deterring Cyberattacks: Informing Strategies and Developing Options for U.S. Policy. ETB~

Sub-state actors are not subject to deterrence based on threats of retaliation.
AND
, and the collection, retention, and analysis of cyber incident forensics.

====No limits approach guts alliances====
Dunlap ’12
~Maj. Gen. Charles J. Dunlap Jr. (Ret.), Professor of the Practice of Law¶ Executive Director, Center on Law, Ethics and National Security @ Duke. In Patriot Debates: Contemporary Issues in National Security Law. http://www.americanbar.org/groups/public_services/law_national_security/patriot_debates2/the_book_online/ch9/ch9_ess2.html-http://www.americanbar.org/groups/public_services/law_national_security/patriot_debates2/the_book_online/ch9/ch9_ess2.html ETB~

Rejection of legal limits carries other, real-world consequences that are not in
AND
impact on coalition support that the mere perception of American lawlessness can have.

No chance of naval competitors – The US is far ahead and more capable now

The American Prospect 11
~The False Decline of the U.S. Navy, http://prospect.org/comment/11760-http://prospect.org/comment/11760~~

The United States Navy currently operates eleven aircraft carriers. The oldest and least capable
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spending are best advised to concentrate on the fiascos in Iraq and Afghanistan.

Navy can’t de-escalate crises - bureaucratic reluctance to deploy, delayed response

Watts 12
Robert, graduate of the Coast Guard Academy, Captain Watts has served six sea tours with the Navy and Coast Guard, most recently commanding USCGC Steadfast (WMEC 623). A qualified Surface Warfare Officer and Cutterman, he holds advanced degrees from the Naval War College, Old Dominion University, American Military University, and the Naval Postgraduate School, and he is currently a doctoral candidate at the Royal Military College of Canada (War Studies). The New Normalcy-Sea Power and Contingency Operations in the Twenty-First Century¶ http://www.usnwc.edu/getattachment/87e866a1-24dd-4e91-9ffa-cb0f64f15144/The-New-Normalcy—Sea-Power-and-Contingency-Operat.aspx

The inherent mobility of sea power means largely what it does in the traditional role
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rapid response, and culture and bureaucracy can conspire to encourage just that.

Naval forces are resilient – US will continue to outpace competitors

Gates 9 
US Secretary of Defense (Robert M., "A Balaced Strategy" Foreign Affairs January/February 2009, http://www.jmhinternational.com/news/news/selectednews/files/2009/01/20090201_20090101_ForeignAffairs_ABalancedStrategy.pdf)

But it is also important to keep some perspective. As much as the U
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and deny the U.S. military freedom of movement and action. 

PTX

Won’t pass - election fears and Obama’s approach prolongs Republican backlash

Kaplan 10-3
~Rebecca, serves as City Councilmember At-Large for Oakland, California, CBS News, "Why is it so difficult to end the government shutdown?" http://www.cbsnews.com/8301-250_162-57605784/why-is-it-so-difficult-to-end-the-government-shutdown/-http://www.cbsnews.com/8301-250_162-57605784/why-is-it-so-difficult-to-end-the-government-shutdown/~~

As the government shutdown enters its third day, Democrats and Republicans seem no closer
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said, will give Republicans more areas where they can look for victory.

The plan is a concession – dems would have to vote for the plan which appeases the GOP – causes a deal

Todd 10-3
"A Potential Way out," http://firstread.nbcnews.com/_news/2013/10/03/20801495-first-thoughts-a-potential-way-out-http://firstread.nbcnews.com/_news/2013/10/03/20801495-first-thoughts-a-potential-way-out

"We have to get something out of this": This is where Rep.
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Boehner spin it any way he wants to simply get the government open.

Shutdown thumps

CBS News 10/5/13, "Government shutdown drags on; Congress to take Sunday off," http://www.cbsnews.com/8301-250_162-57606174/government-shutdown-drags-on-congress-to-take-sunday-off/
With much of the federal government shut down for the fifth day, Congress has
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of concession from Democrats on Obamacare before they consent to end the shutdown.

FERC thumps

Dixon 10/1
(Darius Dixon, Politico, "Obama FERC nominee Ron Binz withdraws amid coal pushback",    http://www.politico.com/story/2013/10/ron-binz-ferc-nominee-withdraws-name-97623.html-http://www.politico.com/story/2013/10/ron-binz-ferc-nominee-withdraws-name-97623.html, October 1, 2013) 

President Barack Obama’s nominee to lead the Federal Energy Regulatory Commission abandoned his quest Tuesday
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, while his supporters lamented that partisan bickering had defeated a qualified candidate.

No link — the plan’s not controversial

Perera 6/26, SACS calls for new oversight of Cyber Command, David Perera is executive editor of the FierceMarkets Government Group, which includes FierceGovernment, FierceGovernmentIT, FierceHomelandSecurity, and FierceMobileGovernment. He has reported on all things federal since January 2004 and is co-author of Inside Guide to the Federal IT Market-http://store.brightkey.net/mconcepts_ebiz/OnlineStore/ProductDetail.aspx?ProductId=201530, a book published in October 2012., http://www.fiercegovernmentit.com/story/sasc-calls-new-oversight-cyber-command/2013-06-26-http://www.fiercegovernmentit.com/story/sasc-calls-new-oversight-cyber-command/2013-06-26
The Senate Armed Services Committee says it has concerns that oversight of Cyber Command and the cyber mission within the Defense Departments "is fragmented and weak," calling for creation of a Senate-confirmed position within the undersecretary of defense for policy to supervise and manage the funds of offensive cyber forces.
The Senate committee voted 23-3 on June 14 to report its version of the fiscal 2014 national defense authorization act (S. 1197-http://hdl.loc.gov/loc.uscongress/legislation.113s1197), detailing its intentions in a newly released legislative report -http://www.gpo.gov/fdsys/pkg/CRPT-113srpt44/pdf/CRPT-113srpt44.pdf(.pdf).

It’s super popular

Bradbury 11, Steven G. Bradbury is an attorney at the Washington, D.C office of Dechert LLP-http://en.wikipedia.org/wiki/Dechert_LLP.
Bradbury was head of the Office of Legal Counsel-http://en.wikipedia.org/wiki/Office_of_Legal_Counsel (OLC) in the United States Department of Justice-http://en.wikipedia.org/wiki/United_States_Department_of_Justice during the George W. Bush administration-http://en.wikipedia.org/wiki/George_W._Bush_administration, 2005-January 2009. Appointed the Principal Deputy Assistant Attorney General for OLC in April 2004, he became the Acting Assistant Attorney General in 2005. He was nominated by President George W. Bush-http://en.wikipedia.org/wiki/George_W._Bush to be the Assistant Attorney General for OLC in June 2005. His nomination was approved by the Senate Judiciary Committee-http://en.wikipedia.org/wiki/Senate_Judiciary_Committee in November 2005 but was never voted on by the full Senate, The Developing Legal Framework for Defensive and Offensive Cyber Operations, This speech was the Keynote address at the Harvard National Security Journal Symposium, http://harvardnsj.org/wp-content/uploads/2011/02/Vol.-2_Bradbury_Final1.pdf-http://harvardnsj.org/wp-content/uploads/2011/02/Vol.-2_Bradbury_Final1.pdf
Congressional reporting. The National Security Act also ¶ requires the President and DNI to
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have oversight jurisdiction, and they all jealously guard their respective ¶ domains.

Obama weak now

NPR 9/21, "Have Obama’s Troubles Weakened Him For Fall’s Fiscal Fights?" http://www.ideastream.org/news/npr/224494760
President Obama has had a tough year. He failed to pass gun legislation.
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by the president’s recent troubles, says former GOP leadership aide Ron Bonjean.

If their PC internal link is true, Obama won’t fight the plan

Carlo Munoz 5/23/13, staff writer for defense and national security for the Hill, "Obama seeks to ramp down 9/11-era rules for war on terror," http://thehill.com/blogs/defcon-hill/policy-and-strategy/301737-obama-seeks-to-ramp-down-911-rules-for-war-on-terror
But Obama argued in his address Thursday at the National Defense University that the law
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more toward preserving Obama’s foreign policy legacy than actual changes in counterterrorism strategy.

PC low now—-plan’s a win

Jill Lawrence 9-17, national correspondent at National Journal, September 17^th, 2013, "Obama Says He’s Not Worried About Style Points. He Should Be," National Journal, http://www.nationaljournal.com/whitehouse/obama-says-he-s-not-worried-about-style-points-he-should-be-20130917-http://www.nationaljournal.com/whitehouse/obama-says-he-s-not-worried-about-style-points-he-should-be-20130917
In some ways Obama’s fifth year is typical of fifth years, when reelected presidents
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the edge. He needs to have some successes and perceptions of success."

No impact – multiple factors check

FXStreet.com, 9/25
An investing website ("4 Reasons Why You Shouldn’t Worry Over This Year’s Debt Ceiling Deadline" http://www.fxstreet.com/analysis/piponomics/2013/09/25/-http://www.fxstreet.com/analysis/piponomics/2013/09/25/)

The U.S. debt ceiling deadline may be looming like dark clouds over
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has gone relatively smoothly since early this year despite the onslaught of criticism.

XO solves

Weisenyhal 9/30
(Joe Weisenthal 9/30, Executive Editor for Business Insider, "It Increasingly Looks Like Obama Will Have To Raise The Debt Ceiling All By Himself," http://www.businessinsider.com/it-increasingly-looks-like-obama-will-have-to-raise-the-debt-ceiling-all-by-himself-2013-9-http://www.businessinsider.com/it-increasingly-looks-like-obama-will-have-to-raise-the-debt-ceiling-all-by-himself-2013-9)

With no movement on either side and the debt ceiling fast approaching, there’s increasing
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around, again, Clinton is advising Obama to call the GOP’s bluff.

No impact to econ decline

Miller 2k
(Morris, economist, adjunct professor in the University of Ottawa’s Faculty of Administration, consultant on international development issues, former Executive Director and Senior Economist at the World Bank, Winter, Interdisciplinary Science Reviews, Vol. 25, Iss. 4, "Poverty as a cause of wars?" p. Proquest)

The question may be reformulated. Do wars spring from a popular reaction to a
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by increasing repression (thereby using one form of violence to abort another).

Global economy’s resilient—-learned lessons from ’08

Daniel W. Drezner 12, Professor, The Fletcher School of Law and Diplomacy, Tufts University, October 2012, "The Irony of Global Economic Governance: The System Worked," http://www.globaleconomicgovernance.org/wp-content/uploads/IR-Colloquium-MT12-Week-5_The-Irony-of-Global-Economic-Governance.pdf-http://www.globaleconomicgovernance.org/wp-content/uploads/IR-Colloquium-MT12-Week-5_The-Irony-of-Global-Economic-Governance.pdf
It is equally possible, however, that a renewed crisis would trigger a renewed
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been in operation since 1945 does not appear to be closing anytime soon.

PC is low and decreasing

Steinhauser, 9/26
CNN Political Editor (Paul, "Obama’s support slips; controversies, sluggish economy cited" http://www.cnn.com/2013/09/26/politics/cnn-poll-of-polls-obama/?hpt=po_c2-http://www.cnn.com/2013/09/26/politics/cnn-poll-of-polls-obama/?hpt=po_c2) 

As he battles with congressional Republicans over the budget and the debt ceiling, and
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will not negotiate with the GOP in Congress over extending the debt ceiling.

1AR

Deterrence DA

1. Hegemony unsustainable—3 reasons

Christopher Layne is a Research Fellow with the Center on Peace and Liberty at The Independent Institute and Mary Julia and George R. Jordan Professorship of International Affairs at the George Bush School of Government and Public Service at Texas A26M University, July 26th 2011, http://www.tandfonline.com/doi/pdf/10.1080/09557571.2011.55849,  "The unipolar exit: beyond the Pax American"; hhs-ab

In this article I challenge Brooks and Wohlforth. I show that the unipolar era
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dramatic changes in international politics—the outlines of which already are visible. 

2. Heg doesn’t solve war

Benjamin H. Friedman, Research Fellow in Defense and Homeland Security Studies @ Cato Institute, July 20, 2010, http://www.cato.org/testimony/ct-bf-07202010.html, "Military Restraint and Defense Savings"

Another argument for high military spending is that U.S. military hegemony underlies
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Our force deployments can also generate instability by prompting states to develop nuclear weapons  

Causes prolif

Jervis 9 – Professor of international politics at Columbia University, Robert, World Politics, 61.1, Jan, MUSE
Failure would not mean that the system will soon cease being unipolar, however.
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interesting challenges to both scholars and national leaders. ~End Page 213~

extinction

Victor A Utgoff, Deputy Director of Strategy, Forces, and Resources Division of Institute for Defense Analysis, Summer 2002, Survival, p.87-90
In sum, widespread proliferation is likely to lead to an occasional shoot-out
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a hill to bury the bodies of dead cities or even whole nations.

Hegemony causes terrorism

Christopher Layne 06 Research Fellow @ the Independent Institute, Visiting Fellow in Foreign Policy Studies @ the Cato Institute (The Peace of Illusions: American Grand Strategy from 1940 to the Present, p. 190-1)
The events of 9/11 are another example of how hegemony makes the United
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hegernony-that makes the United States a lightning rod for Muslim anger.

Terrorism causes extinction

Alexander, professor and director of the Inter-University for Terrorism Studies 2003 (Yonah "Terrorism myths and realities" Washington Times 8/28 l/n WBW

Last week’s brutal suicide bombings in Baghdad and Jerusalem have once again illustrated dramatically that
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~ with its serious implications concerning national, regional and global security concerns.

6. Sustaining hegemony causes war with China

Christopher Layne 07 Research Fellow @ the Independent Institute, Visiting Fellow in Foreign Policy Studies @ the Cato Institute (American Empire: A Debate, p. 72-4)
The Bush II administration has not entirely abandoned engagement with Beijing, but—more
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its current primacy, however, Sino-American conflict is virtually certain. 

China War causes Extinction

Straits Times, 2k (6/25, "Regional Fallout: No one gains in war over Taiwan," lexis)

THE high-intensity scenario postulates a cross-strait war escalating into a full
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cannot be ruled out entirely, for China puts sovereignty above everything else.

Politics

Won’t pass—-GOP spending cuts strategy

Bloomberg 10-3 – Bloomberg News, 12:43PM ET, 10/3/13, "Republicans Said to Plan Debt-Limit Measure Amid Shutdown," http://www.bloomberg.com/news/2013-10-03/republicans-said-to-plan-debt-limit-measure-amid-shutdown.html
House Majority Leader Eric Cantor of Virginia indicated that Republicans and Democrats should negotiate their
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of the government shutdown now in its third day, the people said.

GOP would view the plan as a concession – guarantees a deal

Shane 13
(Peter M. Shane, Jacob E. Davis and Jacob E. Davis II Chair in Law at the Ohio State University’s Moritz College of Law, "Using the Syria Debate to Launch War Powers Reform" 09/09/2013, http://www.huffingtonpost.com/peter-m-shane/using-the-syria-debate-to_b_3881124.html-http://www.huffingtonpost.com/peter-m-shane/using-the-syria-debate-to_b_3881124.html, KB)

The Republicans are divided between "military hawks" and "neo-isolationists."
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the support of both the humanitarian interventionists and perhaps even some military hawks.