Tournament: tournament | Round: 5 | Opponent: Louisville Lusco-Reddy | Judge: Steinberg
Contention 1: Cyber Demilitarization 

Cyber tensions between the US and China are escalating rapidly. The brink is now.  
Yi 13 (Xiaoxiong Yi is the director of Marietta College's China Program. June 22, 2013 “The coming of China-U.S. cyber war”) (http://www.mariettatimes.com/page/content.detail/id/552547.html)
The cyber warfare between Washington and Beijing is becoming more intense, as Edward Snowden
AND
Wickham of USA Today, "could well dominate this planet for decades."

Even innocent data collection can be misinterpreted as an attack, only a matter of time
Williams 11 (Robert D. Williams, J.D. Harvard Law School… “(Spy) Game Change: Cyber Networks, Intelligence Collection, and Covert Action”… June 2011… The George Washington Law Review… LexisNexis… 8/1/13… RTV)
A cyber intrusion may be characterized as "going after the crown jewels" when
AND
the United States may have more to lose than any other nation. n129

Oversight solves escalation
Lin 10  “Offensive Cyber Operations and the Use of Force”; 4 J. Nat'l Sec. L. and Pol'y  pg63 (2010) Lin, Herbert S. (chief scientist at the Computer Science and Telecommunications Board, National Research Council of the National Academies)
If the United States launches an offensive cyber operation, it cannot assume that the
AND
have to take place under conditions of great uncertainty and intense time pressure.

Cyber espionage would be misread as an attack – US or China would respond with nukes  
Clarke 13(Richard 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…. “The perils of linking cyberwar to nuclear war”…  6/16/2013 … The Washington Post… LexisNexis Academic… 8/13/13… RTV)
"We will reduce the role of nuclear weapons in our national security strategy and
AND
risk of an accidental or unauthorized nuclear launch, would also probably stall.

Title 50 framework clarifies Cyber ops and forces compliance with the LOAC
Williams 11 (Robert D. Williams, J.D. Harvard Law School… “(Spy) Game Change: Cyber Networks, Intelligence Collection, and Covert Action”… June 2011… The George Washington Law Review… LexisNexis… 8/1/13. AJM
Many of the same concerns set forth above translate to the context of international law
AND
all such means of influencing political, economic, or military conditions abroad.

LOAC doesn’t cover cyber ops in the squo
Kodar 12 (Erki Kodar is a professor of law at the University of Tartu, and also the Director of the Legal Department of the Estonian Ministry… “APPLYING THE LAW OF ARMEDCONFLICT TO CYBER ATTACKS: FROM THE MARTENS CLAUSE TOADDITIONAL PROTOCOL I”… http://www.ksk.edu.ee/wp-content/uploads/2012/12/KVUOA_Toimetised_15_5_Kodar.pdf ... 9/1/13… RTV)
Applying LOAC norms to cyber attacks is only possible in the event of an armed
AND
but the hard-drive would still exist unharmed in its physical state.

The LOAC solves and is key to stopping societal collapse
IOLD 12 (The International and Operational Law Department is part of the Library of Congress’s graduate studies program, specializing in the Law of Armed Conflict… 2012… “Law or Armed Conflict Deskbook”… The Judge Advocate General’s Legal Center and School… http://www.loc.gov/rr/frd/Military_Law/pdf/LOAC-Deskbook-2012.pdf ... 9/15/13… RTV)
Validity. Although critics of the regulation of warfare cite examples of violations of evolving
AND
observance of the LOAC denies the enemy a rallying cry against difficult odds.

The development of international law is based on modeling – comes before treaties and conventions
Brown and Poellet 12 (Colonel Gary Brown, JD Senior Legal Counsel for U.S. Cyber Command, Fort Meade, Maryland and Keira Pollet, JD and LLM Judge Advocate General and former Operations Law Attorney at US CYBERCOM, Strategic Studies Quarterly, Fall 2012, The Customary International Law of Cyberspace, Accessed 8/30/13) (www.au.af.mil/au/ssq/2012/fall/brown-poellet.pdf?) /ejc\
The first thing to know about international law is that it bears only a passing
AND
for the International Court of Justice decision in which it was established.4

The US has the authority to establish precedent as a member of the U.N. Security Council
Melnitzky 12 (Alexander B. Melnitzky, Associate at The Serbagi Law Firm, P.C. Former Associate Editor of Cardozo Journal of International and Comparative Law. He earned his J.D. from Benjamin N. Cardozo School of Law at Yeshiva University and a B.A. in History from NYU.) /ejc\ (https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplayandcrawlid=1anddoctype=citeanddocid=20+Cardozo+J.+Int27l+26+Comp.+L.+537andsrctype=smiandsrcid=3B15andkey=e30e49aa22650c3c135d44854f)
A strict textualist may not be persuaded by the above argument. Article 51 of
AND
be a policy that uses active defenses to prevent and deter cyber espionage.

De-militarizing cyber ops key to soft power
Belk and Noyes 12 (Robert (Naval aviator and Politico-Military Fellow, studying international and global affairs at the Harvard Kennedy School) and Matthew (studies international security policy and is a senior associate with the cybersecurity practice at Good Harbor Consulting), “On the Use of Offensive Cyber Capabilities: A Policy Analysis on Offensive US Cyber Policy”, 3-20-12, Office of Naval Research, RSR) Revised by JM
Over the past decade, hard power has dominated U.S. foreign policy
AND
perceived abroad and hence the way such an operation affects American soft power.

Soft power key to combating global climate change
Nye 8 Joseph Nye is professor of international relations at Harvard University, “American Power After the Financial Crises,” http://www.foresightproject.net/publications/articles/article.asp?p=3533, Date Accessed: 9-15-13 Revised by JM
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.

Warming causes extinction – best methodology proves it’s real and anthropogenic
Guterl 12 (Executive Editor of Scientific American, expert in Climate and Environment, Science Policy, citing James Hanson, a NASA scientist (Fred, “Climate Armageddon: How the World’s Weather Could Quickly Run Amok”, 5/25/12;  http://www.scientificamerican.com/article.cfm?id=how-worlds-weather-could-quickly-run-amok)//
The world has warmed since those heady days of Gaia, and scientists have grown
AND
scope, that could make a rapid transition from one state to another.

We have an obligation to engage in discussions about to how to address climate change – it destroys civil, political, economic rights of those in the least economically advantaged communities – especially women
Café Sentido 13 (Café Sentido internet-based manifestation of a necessary, yet daring, ongoing project to create dynamic discourses, cultivate meaningful, responsible debate and probe the depths of our free press, “Climate Justice is About Preventing Structural Violence,” published 3/5/13) (http://www.casavaria.com/cafesentido/2013/03/11/9120/climate-justice-is-about-preventing-structural-violence/) /ejc\
When we discuss climate change, global warming or the human-caused destabilization of
AND
without which we will not achieve the best possible outcome for real people.

Plan
The United States Congress should enact legislation requiring offensive cyber operations be funded, conducted, and directed pursuant to Title 50 United States Code § 413b.

Contention 2: Scholarship

Our obligation is to make the state ethical – the state is inevitable and the alternative to state ethics is the destruction of the other.
Simmons 99 (William Paul Simmons, current Associate, Professor of Political Science @ ASU formerly at Bethany College in the Department of History and Political Science, “The Third: Levinas' theoretical move from an-archical ethics to the realm of justice and politics,” Philosophy and Social Criticism November 1, 1999 vol. 25 no. 6)
Since ‘it is impossible to escape the State’, 70 Levinas insists that the
AND
to itself, only hastens the contrary of what it wants to secure.

Scholars need to speak the language of policy makers – key to public engagement, new perspectives, and peace
Lockman 5 (Zachary, Chair of the Department of Middle Eastern and Islamic Studies at New York University 2005 “Critique from the Right The Neo-conservative Assault on Middle East Studies” CR: The New Centennial Review 5.1 (2005) 63-110
It may be too soon to tell, but from the vantage point of the
AND
some very old Orientalist notions many had mistakenly thought dead as a doornail.

Apocalyptic warming rhetoric changes disbelief and mobilizes effective public responses
Romm 12 (Joe, Fellow at American Progress and is the editor of Climate Progress, which New York Times columnist Tom Friedman called "the indispensable blog" and Time magazine named one of the 25 “Best Blogs of 2010.? In 2009, Rolling Stone put Romm #88 on its list of 100 “people who are reinventing America.” Time named him a “Hero of the Environment? and “The Web’s most influential climate-change blogger.” Romm was acting assistant secretary of energy for energy efficiency and renewable energy in 1997, where he oversaw $1 billion in RandD, demonstration, and deployment of low-carbon technology. He is a Senior Fellow at American Progress and holds a Ph.D. in physics from MIT, 2/26, “Apocalypse Not: The Oscars, The Media And The Myth of ‘Constant Repetition of Doomsday Messages’ on Climate”, http://thinkprogress.org/romm/2012/02/26/432546/apocalypse-not-oscars-media-myth-of-repetition-of-doomsday-messages-on-climate/#more-432546)
The two greatest myths about global warming communications are 1) constant repetition of doomsday
AND
by most of the rest of the media, intelligentsia and popular culture.

Fear of extinction is a legitimate and productive response to the modern condition---working through it by validating our representations is the only way to create an authentic relationship to the world and death
Macy 2K – Joanna Macy, adjunct professor at the California Institute of Integral Studies, 2000, Environmental Discourse and Practice: A Reader, p. 243
The move to a wider ecological sense of self is in large part a function
AND
, be it seen in its military, ecological, or social aspects,

Images of catastrophe cause an empathic shift to common humanity - creates the condition for empathetic relationships that eschew the politically anesthetizing form of politics - this is especially crucial in the context of policy debates and advocacy simulations
Recuber 11 Timothy Recuber is a doctoral candidate in sociology at the Graduate Center of the City. University of New York. He has taught at Hunter College in Manhattan "CONSUMING CATASTROPHE: AUTHENTICITY AND EMOTION IN MASS-MEDIATED DISASTER" gradworks.umi.com/3477831.pdf
Perhaps, then, what distant consumers express when they sit glued to the television
AND
we must advocate on a daily basis, not only when disaster strikes.

Contention 3: Solvency

Title 50’s Covert Action Statute makes agencies are more careful with ops
Brecher 12 “Cyberattacks and the Covert Action Statute: Toward a Domestic Legal Framework for Offensive Cyberoperations” by Aaron P. Brecher (J.D. Candidate, May 2013, University of Michigan Law School), December 2012 – Michigan Law Review VED
There are reasons beyond the statute's broader range of covered activities to prefer the covert
AND
to err on the side of reporting their activities to the congressional committees.

Congressional oversight is key
Dycus 10  J. Nat'l Sec. L. and Pol'y 4  pg155 (2010)  Congress's Role in Cyber Warfare; Dycus, Stephen (Professor, Vermont Law School.)
Congress obviously cannot act alone to develop a cyber warfare policy for the United States
AND
branch actions that seem – as a matter of policy – particularly unwise.
No circumvention – political costs

Bradley and Morrison 13 (Curtis A., Professor of Law at Duke Law School, and Trevor, Professor of Law at Columbia Law School, “Presidential Power, Historical Practice, And Legal Constraint,” Columbia Law Review, Vol. 113:1097 . http://www.columbialawreview.org/wp-content/uploads/2013/05/Bradley-Morrison.pdf)
In addition to the constraining influence arising from the internalization of legal norms by executive
AND
themselves do not see any normative significance in the legal rule in question.

Tournament: Sunshine State Showdown | Round: 2 | Opponent: USF | Judge:
Advantage 1: International Law 

Cyber tensions between the US and China are escalating rapidly. The brink is now.  
Yi 13 Xiaoxiong Yi is the director of Marietta College's China Program. June 22, 2013 “The coming of China-U.S. cyber war” http://www.mariettatimes.com/page/content.detail/id/552547.html
The cyber warfare between Washington and Beijing is becoming more intense, as Edward Snowden
AND
Wickham of USA Today, "could well dominate this planet for decades."

Even innocent data collection can be misinterpreted as an attack, only a matter of time
Williams 11 (Robert D. Williams, J.D. Harvard Law School… “(Spy) Game Change: Cyber Networks, Intelligence Collection, and Covert Action”… June 2011… The George Washington Law Review… LexisNexis… 8/1/13… RTV)
A cyber intrusion may be characterized as "going after the crown jewels" when
AND
the United States may have more to lose than any other nation. n129

Oversight solves escalation
Lin 10  “Offensive Cyber Operations and the Use of Force”; 4 J. Nat'l Sec. L. and Pol'y  pg63 (2010) Lin, Herbert S. (chief scientist at the Computer Science and Telecommunications Board, National
Research Council of the National Academies)
If the United States launches an offensive cyber operation, it cannot assume that the
AND
have to take place under conditions of great uncertainty and intense time pressure.

Cyber espionage would be misread as an attack – US or China would respond with nukes  
Clarke 13(Richard 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…. “The perils of linking cyberwar to nuclear war”…  6/16/2013 … The Washington Post… LexisNexis Academic… 8/13/13… RTV)
"We will reduce the role of nuclear weapons in our national security strategy and
AND
risk of an accidental or unauthorized nuclear launch, would also probably stall.

Title 50 framework clarifies Cyber ops and forces compliance with the LOAC
Williams 11
(Robert D. Williams, J.D. Harvard Law School… “(Spy) Game Change: Cyber Networks, Intelligence Collection, and Covert Action”… June 2011… The George Washington Law Review… LexisNexis… 8/1/13. AJM
Many of the same concerns set forth above translate to the context of international law
AND
all such means of influencing political,
economic, or military conditions abroad.

LOAC doesn’t cover cyber ops in the squo
Kodar 12 (Erki Kodar is a professor of law at the University of Tartu, and also the Director of the Legal Department of the Estonian Ministry… “APPLYING THE LAW OF ARMEDCONFLICT TO CYBER ATTACKS: FROM THE MARTENS CLAUSE TOADDITIONAL PROTOCOL I”… http://www.ksk.edu.ee/wp-content/uploads/2012/12/KVUOA_Toimetised_15_5_Kodar.pdf ... 9/1/13… RTV)

Applying LOAC norms to cyber attacks is only possible in the event of an armed
AND
but the hard-drive would still exist unharmed in its physical state.

LOAC has worked, and is key to stop collapse of society
IOLD 12
(The International and Operational Law Department is part of the Library of Congress’s graduate studies program, specializing in the Law of Armed Conflict… 2012… “Law or Armed Conflict Deskbook”… The Judge Advocate General’s Legal Center and School… http://www.loc.gov/rr/frd/Military_Law/pdf/LOAC-Deskbook-2012.pdf ... 9/15/13… RTV)

Validity. Although critics of the regulation of warfare cite examples of violations of evolving
AND
observance of the LOAC denies the enemy a rallying cry against difficult odds.

The development of international law is based on modeling – comes before treaties and conventions
Brown and Poellet 12 (Colonel Gary Brown, JD Senior Legal Counsel for U.S. Cyber Command, Fort Meade, Maryland and Keira Pollet, JD and LLM Judge Advocate General and former Operations Law Attorney at US CYBERCOM, Strategic Studies Quarterly, Fall 2012, The Customary International Law of Cyberspace, Accessed 8/30/13) (www.au.af.mil/au/ssq/2012/fall/brown-poellet.pdf?) /ejc\
The first thing to know about international law is that it bears only a passing
AND
for the International Court of Justice decision in which it was established.4

The US has the authority to establish precedent as a member of the U.N. Security Council
Melnitzky 12 (Alexander B. Melnitzky, Associate at The Serbagi Law Firm, P.C. Former Associate Editor of Cardozo Journal of International and Comparative Law. He earned his J.D. from Benjamin N. Cardozo School of Law at Yeshiva University and a B.A. in History from NYU.) /ejc\ (https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplayandcrawlid=1anddoctype=citeanddocid=20+Cardozo+J.+Int27l+26+Comp.+L.+537andsrctype=smiandsrcid=3B15andkey=e30e49aa22650c3c135d44854f)
A strict textualist may not be persuaded by the above argument. Article 51 of
AND
be a policy that uses active defenses to prevent and deter cyber espionage.

De-militarizing cyber ops key to soft power
Belk and Noyes ‘12
(Robert (Naval aviator and Politico-Military Fellow, studying international and global affairs at the Harvard Kennedy School) and Matthew (studies international security policy and is a senior associate with the cybersecurity practice at Good Harbor Consulting), “On the Use of Offensive Cyber Capabilities: A Policy Analysis on Offensive US Cyber Policy”, 3-20-12, Office of Naval Research, RSR)
Revised by JM
Over the past decade, hard power has dominated U.S. foreign policy
AND
perceived abroad and hence the way such an operation affects American soft power.

Soft power prevents extinction, disease, climate change, terrorism and great power war
Nye 8 Joseph Nye is professor of international relations at Harvard University, “American Power After the Financial Crises,” http://www.foresightproject.net/publications/articles/article.asp?p=3533, Date Accessed: 9-15-13 Revised by JM
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.

Best methodology shows positive feedbacks will push us past the tipping point – causes extinction.
Guterl 12 – Executive Editor of Scientific American, expert in Climate and Environment, Science Policy, citing James Hanson, a NASA scientist (Fred, “Climate Armageddon: How the World’s Weather Could Quickly Run Amok”, 5/25/12;  http://www.scientificamerican.com/article.cfm?id=how-worlds-weather-could-quickly-run-amok)//
The world has warmed since those heady days of Gaia, and scientists have grown
AND
scope, that could make a rapid transition from one state to another.

Advantage 2: Turf War 

Interagency turf wars have blocked reorganization of cyber policies
Biggs 12
(Zachary Fryer-Biggs is a Washington Staff Writer for DefenseSystems, a news source focusing on national security matters… 5/7/12… http://www.defensenews.com/article/20120507/DEFREG02/305070004 “Debate Slows New U.S. Cyber Rules” … 9/17/13)

Despite the ongoing concern about the escalating pace of cyber attacks, a new set
AND
. There’s no hard line between what is military and what is civilian.”

Interagency convergence disrupts the decision making process and kills response time to cyber attacks
Chesney 2012. “Military-Intelligence Convergence and the Law of the Title 10/Title 50 Debate” (Charles I. Francis Professor in Law, University of Texas School of Law)  http://jnslp.com/wp- content/uploads/2012/01/Military-Intelligence-Convergence-and-the-Law-of-the-Title-10Title-50-Debate.pdf

The first way in which cyberspace is especially prone to convergence has to do with
AND
in institutional competition as well as cooperation between the CIA and the military.

Non-state actors are targeting the US now – these attacks risk nuclear meltdowns and stock market crashes
Sharp 2010.  “National Leadership, Individual Responsibility: The Past, Present, and Future of Cybersecurity” (Walter Gary Sharp Sr. Senior Associate Deputy General Counsel for Intelligence, Office of the General Counsel, U.S. Department of Defense; Adjunct Professor of Law, Georgetown University Law Center) 4 J. Nat'l Security L. and Pol'y 13. AMon

The cyber threat to U.S. national security, economic security, and
AND
to cause acts of terrorism - like those already described in popular media.

Cyber attack shuts down the grid – Syria makes timeframe KEY
Dykes and Melton 13
(Aaron Dykes is a co-founder of TruthstreamMedia.com. As a writer, researcher and video producer who has worked on numerous documentaries and investigative reports, he uses history as a guide to decode current events, uncover obscure agendas and contrast them with the dignity afforded individuals as recognized in documents like the Bill of Rights” Big Sis Says Cyber Attack WILL Bring Down Power Grid: ‘When Not If’” – Quoting Homeland Security Chief Janet Napolitano. http://truthstreammedia.com/big-sis-says-cyber-attack-will-bring-down-power-grid-when-not-if/ 9/5 kjl)
Outgoing Homeland Security chief Janet Napolitano issued an ‘open letter’ to her successor warning
AND
the Counter-electronics High-powered Microwave Advanced Missile Project (CHAMP).

DoD bases are vulnerable to grid disruptions
Robitaille 12
(George, Department of Army Civilian, United States Army War College, “Small Modular Reactors: The Army’s Secure Source of Energy?” 21-03-2012, Strategy Research Project)
In recent years, the U.S Department of Defense (DoD) has
AND
associated with building coal or natural gas fired power plants on the environment.

Grid failure shuts down US military operations
Paul Stockton 11, assistant secretary of defense for Homeland Defense and Americas’ Security Affairs, “Ten Years After 9/11: Challenges for the Decade to Come”, http://www.hsaj.org/?fullarticle=7.2.11
The cyber threat to the DIB is only part of a much larger challenge to
AND
system over which it does not – and never will – exercise control.

Global War
Frederick Kagan and Michael O’Hanlon 7, Fred’s a resident scholar at AEI, Michael is a senior fellow in foreign policy at Brookings, “The Case for Larger Ground Forces”, April, http://www.aei.org/files/2007/04/24/20070424_Kagan20070424.pdf
We live at a time when wars not only rage in nearly every region but
AND
Such a measure is not only prudent, it is also badly overdue.

Response time is key – a cyber attack could shut down the US economy
AAP 13 AAP (Australian Associated Press) 06/12/13, Cyber wars would cripple economies: experts, http://www.businessspectator.com.au/news/2013/6/12/global-news/cyber-wars-would-cripple-economies-experts, (08/13/13)#HBK

Cyber attackers have the power to shut down economies and a global cyber war could
AND
die. “For any other part of the world it's similar destruction."

Even the possibility of cyber-attack has the potential to shake business confidence and destroy the economy
Cornish 11 Paul Cornish (Professor of Strategic Studies at the University of Exeter. He was educated at the London School of Economics (MSc Econ, International Relations). He completed his PhD at the University of Cambridge, Lecturer in Defence Studies at the UK Defence Academy (King’s College London) and then Lecturer in International Security at the University of Cambridge, Cornish also spent several years as Director of the Centre for Defence Studies at King’s College London.) June 2011, The Vulnerabilities of Developed States to Economic Cyber Warfare, http://www.chathamhouse.org/sites/default/files/0611wp_cornish.pdf, (p. 12) (08/13/13)#HBK

In a world of interconnected and interdependent economies we could expect an element of self
AND
national government and the confidence and predictability upon which a national economy depends. 

US economic decline triggers global decline, that escalates to conflict
Tilford 2008 – PhD in history from George Washington University, served for 32 years as a military officer and analyst with the Air Force and Army (Earl, “Critical mass: economic leadership or dictatorship”, Cedartown Standard, lexis)

Could it happen again? Bourgeois democracy requires a vibrant capitalist system. Without it
AND
world affairs move; the world could devolve to that point very quickly. 

Plan:
United States Congress should enact legislation requiring offensive cyber operations be funded, conducted, and/or directed pursuant to Title 50 United States Code § 413b.

Solvency

Prefer Covert Action Statute of Title 50, agencies are more careful with ops
Brecher 12 “Cyberattacks and the Covert Action Statute: Toward a Domestic Legal Framework for Offensive Cyberoperations” by Aaron P. Brecher (J.D. Candidate, May 2013, University of Michigan Law School), December 2012 – Michigan Law Review VED
There are reasons beyond the statute's broader range of covered activities to prefer the covert
AND
to err on the side of reporting their activities to the congressional committees.

Clarifying cyber operations under covert action under a framework of congressional notification solves.
Chesney 12 Robert M. Chesney is an American lawyer and the Charles I. Francis Professor in Law at The University of Texas School of Law, where he serves as the Associate Dean for Academic Affairs and teaches courses relating to U.S. national security and constitutional law.1 Chesney addresses issues involving national security and law, including matters relating to military detention, the use of force, terrorism-related prosecutions, the role of the courts in national security affairs, and the relationship between military and intelligence community activities.2 He is a co-founder and contributor to the Lawfare Blog February 2012 “Military-Intelligence Convergence and the Law  of the Title 10/Title 50 Debate” http://jnslp.com/wp-content/uploads/2012/01/Military-Intelligence-Convergence-and-the-Law-of-the-Title-10Title-50-Debate.pdf date accessed 8-13-2013 NNF
Operations constituting “covert action” must be reported to the House and Senate Intelligence
AND
upon its relationship to the emergence of cyberspace as a significant operational domain.

Congressional oversight is key –
Congress has to take the lead (on policymaking)
Dycus 10  J. Nat'l Sec. L. and Pol'y 4  pg155 (2010)  Congress's Role in Cyber Warfare; Dycus, Stephen (Professor, Vermont Law School.)
Congress obviously cannot act alone to develop a cyber warfare policy for the United States
AND
branch actions that seem – as a matter of policy – particularly unwise.

In cyberspace, magnitude outweighs probability
Lin 12 (I/S: A Journal of Law and Policy for the
AND
control issues. He received his doctorate in physics from MIT.) VED
Section I pointed to influences on analysts to draw worst-case conclusions. The
AND
prepared to do without those capabilities and/or to reconstitute them quickly.

Tournament: Bulldogdebates | Round: 6 | Opponent: West Georgia Zapata-Mauro | Judge: Corrigan
Contention 1: I-Law 

Cyber tensions between the US and China are escalating rapidly. The brink is now.  
Yi 13 (Xiaoxiong Yi is the director of Marietta College's China Program. June 22, 2013 “The coming of China-U.S. cyber war”) (http://www.mariettatimes.com/page/content.detail/id/552547.html)
The cyber warfare between Washington and Beijing is becoming more intense, as Edward Snowden
AND
Wickham of USA Today, "could well dominate this planet for decades."

Even innocent data collection can be misinterpreted as an attack, only a matter of time
Williams 11 (Robert D. Williams, J.D. Harvard Law School… “(Spy) Game Change: Cyber Networks, Intelligence Collection, and Covert Action”… June 2011… The George Washington Law Review… LexisNexis… 8/1/13… RTV)
A cyber intrusion may be characterized as "going after the crown jewels" when
AND
the United States may have more to lose than any other nation. n129

Oversight solves escalation
Lin 10  “Offensive Cyber Operations and the Use of Force”; 4 J. Nat'l Sec. L. and Pol'y  pg63 (2010) Lin, Herbert S. (chief scientist at the Computer Science and Telecommunications Board, National Research Council of the National Academies)
If the United States launches an offensive cyber operation, it cannot assume that the
AND
have to take place under conditions of great uncertainty and intense time pressure.

Cyber espionage would be misread as an attack – US or China would respond with nukes  
Clarke 13(Richard 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…. “The perils of linking cyberwar to nuclear war”…  6/16/2013 … The Washington Post… LexisNexis Academic… 8/13/13… RTV)
"We will reduce the role of nuclear weapons in our national security strategy
AND
risk of an accidental or unauthorized nuclear launch, would also probably stall.

Title 50 framework clarifies Cyber ops and forces compliance with the LOAC
Williams 11 (Robert D. Williams, J.D. Harvard Law School… “(Spy) Game Change: Cyber Networks, Intelligence Collection, and Covert Action”… June 2011… The George Washington Law Review… LexisNexis… 8/1/13. AJM
Many of the same concerns set forth above translate to the context of international law
AND
all such means of influencing political, economic, or military conditions abroad.

LOAC doesn’t cover cyber ops in the squo
Kodar 12 (Erki Kodar is a professor of law at the University of Tartu, and also the Director of the Legal Department of the Estonian Ministry… “APPLYING THE LAW OF ARMEDCONFLICT TO CYBER ATTACKS: FROM THE MARTENS CLAUSE TOADDITIONAL PROTOCOL I”… http://www.ksk.edu.ee/wp-content/uploads/2012/12/KVUOA_Toimetised_15_5_Kodar.pdf ... 9/1/13… RTV)
Applying LOAC norms to cyber attacks is only possible in the event of an armed
AND
but the hard-drive would still exist unharmed in its physical state.

The LOAC solves and is key to stopping societal collapse
IOLD 12 (The International and Operational Law Department is part of the Library of Congress’s graduate studies program, specializing in the Law of Armed Conflict… 2012… “Law or Armed Conflict Deskbook”… The Judge Advocate General’s Legal Center and School… http://www.loc.gov/rr/frd/Military_Law/pdf/LOAC-Deskbook-2012.pdf ... 9/15/13… RTV)
Validity. Although critics of the regulation of warfare cite examples of violations of evolving
AND
observance of the LOAC denies the enemy a rallying cry against difficult odds.

The development of international law is based on modeling – comes before treaties and conventions
Brown and Poellet 12 (Colonel Gary Brown, JD Senior Legal Counsel for U.S. Cyber Command, Fort Meade, Maryland and Keira Pollet, JD and LLM Judge Advocate General and former Operations Law Attorney at US CYBERCOM, Strategic Studies Quarterly, Fall 2012, The Customary International Law of Cyberspace, Accessed 8/30/13) (www.au.af.mil/au/ssq/2012/fall/brown-poellet.pdf?) /ejc\
The first thing to know about international law is that it bears only a passing
AND
for the International Court of Justice decision in which it was established.4

The US has the authority to establish precedent as a member of the U.N. Security Council
Melnitzky 12 (Alexander B. Melnitzky, Associate at The Serbagi Law Firm, P.C. Former Associate Editor of Cardozo Journal of International and Comparative Law. He earned his J.D. from Benjamin N. Cardozo School of Law at Yeshiva University and a B.A. in History from NYU.) /ejc\ (https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplayandcrawlid=1anddoctype=citeanddocid=20+Cardozo+J.+Int27l+26+Comp.+L.+537andsrctype=smiandsrcid=3B15andkey=e30e49aa22650c3c135d44854f)
A strict textualist may not be persuaded by the above argument. Article 51 of
AND
be a policy that uses active defenses to prevent and deter cyber espionage.

De-militarizing cyber ops key to soft power
Belk and Noyes 12 (Robert (Naval aviator and Politico-Military Fellow, studying international and global affairs at the Harvard Kennedy School) and Matthew (studies international security policy and is a senior associate with the cybersecurity practice at Good Harbor Consulting), “On the Use of Offensive Cyber Capabilities: A Policy Analysis on Offensive US Cyber Policy”, 3-20-12, Office of Naval Research, RSR) Revised by JM
Over the past decade, hard power has dominated U.S. foreign policy
AND
perceived abroad and hence the way such an operation affects American soft power.

Soft power solves extinction from climate change, great power war, terrorism, and disease
Nye 8 Joseph Nye is professor of international relations at Harvard University, “American Power After the Financial Crises,” http://www.foresightproject.net/publications/articles/article.asp?p=3533, Date Accessed: 9-15-13 Revised by JM
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.

Warming causes extinction
Guterl 12 (Executive Editor of Scientific American, expert in Climate and Environment, Science Policy, citing James Hanson, a NASA scientist (Fred, “Climate Armageddon: How the World’s Weather Could Quickly Run Amok”, 5/25/12;  http://www.scientificamerican.com/article.cfm?id=how-worlds-weather-could-quickly-run-amok)//
The world has warmed since those heady days of Gaia, and scientists have grown
AND
scope, that could make a rapid transition from one state to another.

Contention 2: Turf Wars

Interagency turf wars have blocked reorganization of cyber policies
Biggs 12 (Zachary Fryer-Biggs is a Washington Staff Writer for DefenseSystems, a news source focusing on national security matters… 5/7/12… http://www.defensenews.com/article/20120507/DEFREG02/305070004 “Debate Slows New U.S. Cyber Rules” … 9/17/13)
Despite the ongoing concern about the escalating pace of cyber attacks, a new set
AND
. There’s no hard line between what is military and what is civilian.”

Interagency convergence disrupts the decision making process and kills response time to cyber attacks
Chesney 12. “Military-Intelligence Convergence and the Law of the Title 10/Title 50 Debate” (Charles I. Francis Professor in Law, University of Texas School of Law)  http://jnslp.com/wp- content/uploads/2012/01/Military-Intelligence-Convergence-and-the-Law-of-the-Title-10Title-50-Debate.pdf
The first way in which cyberspace is especially prone to convergence has to do with
AND
in institutional competition as well as cooperation between the CIA and the military.

Non-state actors are targeting the US now – these attacks risk nuclear meltdowns and stock market crashes
Sharp 2010.  “National Leadership, Individual Responsibility: The Past, Present, and Future of Cybersecurity” (Walter Gary Sharp Sr. Senior Associate Deputy General Counsel for Intelligence, Office of the General Counsel, U.S. Department of Defense; Adjunct Professor of Law, Georgetown University Law Center) 4 J. Nat'l Security L. and Pol'y 13. AMon
The cyber threat to U.S. national security, economic security, and
AND
to cause acts of terrorism - like those already described in popular media.

Cyber attack shuts down the grid
Dykes and Melton 13 (Aaron Dykes is a co-founder of TruthstreamMedia.com. As a writer, researcher and video producer who has worked on numerous documentaries and investigative reports, he uses history as a guide to decode current events, uncover obscure agendas and contrast them with the dignity afforded individuals as recognized in documents like the Bill of Rights” Big Sis Says Cyber Attack WILL Bring Down Power Grid: ‘When Not If’” – Quoting Homeland Security Chief Janet Napolitano. http://truthstreammedia.com/big-sis-says-cyber-attack-will-bring-down-power-grid-when-not-if/ 9/5 kjl)
Outgoing Homeland Security chief Janet Napolitano issued an ‘open letter’ to her successor warning
AND
the Counter-electronics High-powered Microwave Advanced Missile Project (CHAMP).

DoD bases are vulnerable to grid disruptions
Robitaille 12 (George, Department of Army Civilian, United States Army War College, “Small Modular Reactors: The Army’s Secure Source of Energy?” 21-03-2012, Strategy Research Project)
In recent years, the U.S Department of Defense (DoD) has
AND
associated with building coal or natural gas fired power plants on the environment.

Grid failure shuts down US military ops
Stockton 11 (Paul, assistant secretary of defense for Homeland Defense and Americas’ Security Affairs, “Ten Years After 9/11: Challenges for the Decade to Come”, http://www.hsaj.org/?fullarticle=7.2.11
The cyber threat to the DIB is only part of a much larger challenge to
AND
system over which it does not – and never will – exercise control.

US military collapse causes global war
Kagan and O’Hanlon 7 Frederick and Michael, Fred’s a resident scholar at AEI, Michael is a senior fellow in foreign policy at Brookings, “The Case for Larger Ground Forces”, April http://www.aei.org/files/2007/04/24/20070424_Kagan20070424.pdf
We live at a time when wars not only rage in nearly every region but
AND
Such a measure is not only prudent, it is also badly overdue.

Plan
United States Congress should enact legislation requiring offensive cyber operations be funded, conducted, and directed pursuant to Title 50 United States Code § 413b.

Contention 3: Solvency

No circumvention – political costs
Bradley and Morrison 13 (Curtis A., Professor of Law at Duke Law School, and Trevor, Professor of Law at Columbia Law School, “Presidential Power, Historical Practice, And Legal Constraint,” Columbia Law Review, Vol. 113:1097 . http://www.columbialawreview.org/wp-content/uploads/2013/05/Bradley-Morrison.pdf)
In addition to the constraining influence arising from the internalization of legal norms by executive
AND
themselves do not see any normative significance in the legal rule in question.

No disads – new OCO changes in status quo
Romm 13 (Tony, Technology reporter for POLITICO Pro. “Pentagon’s cyber arm poised to expand role.” 12/24/13 http://www.politico.com/story/2013/12/pentagon-cybersecurity-role-101485.html?hp=l4 Accessed: 12/27/13 RJS)
As part of the defense policy bill that just passed Congress, the Pentagon’s many
AND
a series of programs that could augment DOD’s ability to strike in cyberspace.

Title 50’s Covert Action Statute makes agencies are more careful with ops
Brecher 12 “Cyberattacks and the Covert Action Statute: Toward a Domestic Legal Framework for Offensive Cyberoperations” by Aaron P. Brecher (J.D. Candidate, May 2013, University of Michigan Law School), December 2012 – Michigan Law Review VED
There are reasons beyond the statute's broader range of covered activities to prefer the covert
AND
to err on the side of reporting their activities to the congressional committees.

Plan solves Turfwars – solves confusion regarding categorization
Chesney 12 Robert M. Chesney is an American lawyer and the Charles I. Francis Professor in Law at The University of Texas School of Law, where he serves as the Associate Dean for Academic Affairs and teaches courses relating to U.S. national security and constitutional law.1 Chesney addresses issues involving national security and law, including matters relating to military detention, the use of force, terrorism-related prosecutions, the role of the courts in national security affairs, and the relationship between military and intelligence community activities.2 He is a co-founder and contributor to the Lawfare Blog February 2012 “Military-Intelligence Convergence and the Law  of the Title 10/Title 50 Debate” http://jnslp.com/wp-content/uploads/2012/01/Military-Intelligence-Convergence-and-the-Law-of-the-Title-10Title-50-Debate.pdf date accessed 8-13-2013 NNF
Operations constituting “covert action” must be reported to the House and Senate Intelligence
AND
upon its relationship to the emergence of cyberspace as a significant operational domain.

Congressional oversight is key
Dycus 10  J. Nat'l Sec. L. and Pol'y 4  pg155 (2010)  Congress's Role in Cyber Warfare; Dycus, Stephen (Professor, Vermont Law School.)
Congress obviously cannot act alone to develop a cyber warfare policy for the United States
AND
branch actions that seem – as a matter of policy – particularly unwise.

Scholars need to speak the language of policy makers – key to public engagement, new perspectives, and peace
Zachary Lockman is Chair of the Department of Middle Eastern and Islamic Studies at New York University 2005 “Critique from the Right The Neo-conservative Assault on Middle East Studies” CR: The New Centennial Review 5.1 (2005) 63-110
It may be too soon to tell, but from the vantage point of the
AND
some very old Orientalist notions many had mistakenly thought dead as a doornail.

Debating over hypothetical government issues IS a form of active praxis which can create social change.
Susan D. Carle, Dec. 2005, “Theorizing Agency,” 55 Am. U.L. Rev. 307, p ln
Precisely because he believed in the power of human agency, Dewey devoted a great
AND
that had great potential to fuel political and social change, and the decision