Tournament: tournament | Round: 5 | Opponent: Appalachian State Bass-Anderson | Judge: Vincent
Advantage 1: Separation of Powers

War has been conducted in the shadows, this is dangerous and unconstitutional
Paul McHale 2/2/14 (“Senate bill amends War Powers Act”. Philly.com. Paul McHale is a former member of Congress (1993-99) from Pennsylvania, former assistant secretary of defense (2003-09), and a retired Marine colonel with 33 years of active and reserve service; he was the senior U.S. adviser to the Afghan National Police in 2007
http://www.philly.com/philly/opinion/20140202_Bring_war_out_of_shadows.html Date of Access: 2/6/14 SMC)

the United States is now capable of going to war ….that sacrifice should be shared by the nation.

Framers of constitution intended congress have a role, the current practice of presidents destroys separation of powers and puts national interests in jeopardy
David S. Friedman 1983 (“Waging War Against Checks and Balances-The Claim of an Unlimited
War Power”. St. John’s Law Review. .A., State University of New York at Stony Brook, 1977; M.A. in Public Affairs,
Woodrow Wilson School of Public and International Affairs, Princeton University, 1981; J.D., New York University, 1981.
http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=2218andcontext=lawreview Date of Access: 2/6/14 SMC)

The Framers of the United States Constitution ….for far lesser national interests. 

Separation of Powers prevents tyranny and protects liberty
Redish and Cisar 1991 ("If Angels Were to Govern": The Need for Pragmatic Formalism in Separation of Powers Theory”) Duke Law Journal. Martin H. Redish, the Louis and Harriet Ancel Professor of Law and Public Policy at Northwestern University School of Law, teaches and writes on the subjects of federal jurisdiction, civil procedure, freedom of expression and constitutional law. In addition, he is Senior Counsel to the law firm of Sidley Austin LLP.
Professor Redish received his AB with highest honors in political science from the University of Pennsylvania and his JD magna cum laude from Harvard Law School and Cisar is a Law Clerk to Chief Judge William Bauer, United States Court of Appeals, Seventh Circuit. B.S. 1986, University of Miami; J.D. 1991, Northwestern University. http://www.jstor.org.lp.hscl.ufl.edu/stable/pdfplus/1372845.pdf?andacceptTC=trueandjpdConfirm=true  Date of Access: 2/13/14 SMC)
we have begun to take the value … saying, "I told you so."

President’s have to think a certain way to work in Foreign Policy, this way of thinking means they are inclined to engage in war and it results in inevitable war. The plan puts in place appropriate checks.
David S. Friedman 1983 (“Waging War Against Checks and Balances-The Claim of an Unlimited
War Power”. St. John’s Law Review. .A., State University of New York at Stony Brook, 1977; M.A. in Public Affairs,
Woodrow Wilson School of Public and International Affairs, Princeton University, 1981; J.D., New York University, 1981.
http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=2218andcontext=lawreview Date of Access: 2/6/14 SMC)

a world where any … more than at anytime in our history.

The U.S failure to win war lies in its failure to include congress, no alt causes.
Joseph V. Gallagher III 2011 (“Unconstitutional War: Strategic Risk in the Age of Congressional Abdication”) Joseph V. Gallagher III served as an F/A-18C Pilot, Air Officer, and F/A-18C/D . Flight Instructor in the US Marine Corps operating forces. He worked Security Assistance  initiatives for the US European Command and most recently as a Joint Planner in the  USEUCOM J3 and J5. Gallagher is currently assigned to the Joint Staff, Pakistan Afghanistan Coordination Cell. http://wallstreetpit.com/100986-a-win-for-the-wpr-no-but/ Date of Access: 2/7/14 SMC)

 “War is never a separate phenomenon… a collaborative process to assess 

The Established U.S Precedent is escalating Taiwan, Georgia, and India/Pakistan conflict, Changing this precedent is key to prevent conflict
FEHZAN REHMAN 9/13/2012. (“Analyzing America’s National Security Strategy”. E-International Relations. International Relations at the University of Westminster. E-International Relations (E-IR) is the world’s leading website for students and scholars of international politics. The website was established in November 2007, and is run by a registered non-profit organisation staffed with an all-volunteer team. We have approximately 135,000 unique visitors a month (Q1 2013 average) from a worldwide audience of students and graduates. E-IR is unaffiliated with any institution, and is recommended by leading academics and practitioners from around the world http://www.e-ir.info/2012/09/13/analyzing-americas-national-security-strategy/ Date of Access: 2/20/14 SMC)
America is doing is setting a new precedent …preventive wars against Taiwan
The U.S will no longer to be able to deescalate conflicts abroad unless it changes its policy of preemption- the inability to do this goes nuclear
Steinberg 2 – James B. Steinberg, Vice President and Director of Foreign Policy at the Brookings Institution, Michael E. O'Hanlon and Susan E. Rice, “The New National Security Strategy and Preemption”, Brookings Policy Brief Series, December, http://www.brookings.edu/research/papers/2002/12/terrorism-ohanlon
A final concern relates to the impact of the precedent … outweigh the risks of action." 

Advantage 2: Middle East

Scenario 1: Syria

Syria talks going nowhere and military response becoming a reality- the UN has even attempted to encourage countries to put boots on the ground
Mike Head  2/12/2014 (“Obama renews threats as Syrian talks remain deadlocked”) International Committee of the Fourth International (ICFI). Mike Head is an Australian academic and lecturer at the University of Western Sydney. Dr Head obtained a Masters degree in law from the Columbia University in New York. Having initially taught law at Columbia, Adelaide and ANU, Dr Head began teaching at the University of Western Sydney in 1999. His main areas of study have been civil liberties, democratic rights, public law and legal theory. He has written numerous books on these topics. Head became the first legal PhD graduate from the University of Western Sydney in 2004. He went on to win the award for the UWS Top Researcher by Publications in the period 2004-2006. Michael Head is also a national committee member in the Australian Socialist Equality Party where he has recently contested the seat of Fowler. http://www.wsws.org/en/articles/2014/02/12/syri-f12.html Date of Access: 2/13/14 SMC)

As this week’s second round of talks … and a confrontation with Russia

Obama does not really want diplomatic solution to Syria
Stephen Lendman  2/13/2014 (“Duplicitous Geneva Diplomacy”) International. Stephen Lendman in 1956 received a BA from Harvard University. Two years of US Army service followed, then an MBA from the Wharton School at the University of Pennsylvania in 1960. After working seven years as a marketing research analyst, he joined the Lendman Group family business in 1967. He remained there until retiring at year end 1999. Writing on major world and national issues began in summer 2005. In early 2007, radio hosting followed. Lendman now hosts the Progressive Radio News Hour on the Progressive Radio Network three times weekly. Distinguished guests are featured. Listen live or achived. Major world and national issues are discussed. Lendman is a 2008 Project Censored winner and 2011 Mexican Journalists Club international journalism award recipient. http://www.indybay.org/newsitems/2014/02/13/18750790.php Date of Access: 2/13/14 SMC) Obama said: "Right now we don't think there is a military … Obama is going all-out to deliver.

Even the smallest military action in Syria will mean war with Iran
YIFA YAAKOV 8/31/2013(“Iran: Attack on Syria will set US, Israel ablaze”) Times of Israel. Breaking news editor
The Times Of Israel , Breaking news editor Jerusalem Post http://www.timesofisrael.com/iran-attack-on-syria-will-set-us-israel-ablaze/ Date of Access: 2/13/14 SMC)

Any military attack against Syria will set both … bear the brunt of this reaction

War over Syria with Iran would be WWIII
Steven Watson 8/28/2013(“WW3? Syrian, Iranian Officials Say Israel Will Be “Set On Fire” If US Strikes”) Infowars. Steve Watson is the London based writer and editor for Alex Jones’ Infowars.com, and Prisonplanet.com. He has a Masters Degree in International Relations from the School of Politics at The University of Nottingham, and a Bachelor Of Arts Degree in Literature and Creative Writing from Nottingham Trent University. http://www.infowars.com/ww3-syrian-iranian-officials-say-israel-will-be-set-on-fire-if-us-strikes/ Date of Access: 2/13/14 SMC)

Senior Syrian and Iranian officials have … “this is World War 3 in the making,”

In order for any action in Syria to be successful congress needs to be involved
NBC News 8/26/2013(“Kerry accuses Syria of using chemical agents; US preparing to release evidence”) NBC News. http://www.nbcnews.com/news/world/kerry-accuses-syria-using-chemical-agents-us-preparing-release-evidence-v20192545 Date of Access: 2/13/14 SMC)

Brendan Buck, a spokesman for Speaker John Boehner, … That has not yet taken place." 

Troops are not the path to a solution in Syria- congress wants diplomacy not troops and unified action would better send this message
Justin Betti 09/1/2013 (“Michigan congresswoman releases statement on Syria briefing”) ABC 12. http://www.abc12.com/story/23314622/michigan-congresswoman-releases-statement-on-syria-briefing Date of Access: 2/12/14 SMC)

U.S. Representative Candice Miller (R-MI) issued the following statement… send a clear signal of American resolve

Scenario 2: Iran

War with Iran may be looming but if Congress was on the right position they could help prevent a distaster
Kalb and OHanlon 7/3/2013 (“An Opportunity For Congress On The Road To War With Iran”) Brookings. Marvin Kalb, Nonresident Senior Fellow, Foreign Policy, Marvin Kalb focuses on the impact of media on public policy and politics. He is also an expert in national security, with a focus on U.S. relations with Russia, Europe and the Middle East. His most recent book is The Road to War: Presidential Commitments Honored and Betrayed, available May 10, 2013 from Brookings Institution Press, Director of Research, Foreign Policy, Senior Fellow, Foreign Policy, Center for 21st Century Security and Intelligence, Michael OHanlon specializes in national security and defense policy and is senior author of the Iraq and Afghanistan Index, projects. Before joining Brookings, O'Hanlon worked as a national security analyst at the Congressional Budget Office. His current research agenda includes military strategy and technology, Northeast Asia, U.S. Central Command, and defense budgets, among other defense/security issues. http://www.brookings.edu/blogs/iran-at-saban/posts/2013/07/02-iran-war-congress-ohanlon-kalb Date of Access: 2/7/14 SMC)

The United States is on the road to war with Iran. … no need for a declaration of war, 

Hence the Plan Text: United States Federal Government should restrict the President’s war power by requiring a prior notification to congress and for a vote occur no later than 30 days after the deployment of members of the Armed Forces

Solvency

Obama would not intervene if the vote would result in a “No”- 1. Isolation 2. He even recognized a chance at impeachment for doing so
Greg Sargent 9/6/2013 (“The Morning Plum: If Congress says No on Syria, Obama should (and probably will) listen”. Washington Post. Greg Sargent is the founder and writer of The Horse's Mouth, a blog about the reporting of politics and the politics of reporting, which is being hosted at The American Prospect's web site. He's also a contributing editor at New York magazine and spent six years covering New York politics for The New York Observer.
http://www.washingtonpost.com/blogs/plum-line/wp/2013/09/06/the-morning-plum-if-congress-says-no-on-syria-obama-should-and-probably-will-listen/ Date of Access: 2/18/14 SMC)
the coming Syria vote as a test … Congress backing him.”

It is possible to develop effective provisions on the executive even during emergency
Craig Martin 2011 (“Taking War Seriously: A Model for Constitutional Constraints on the Use of Force in Compliance with International Law”) Brooklyn Law Review. Martin received his doctorate at the University of Pennsylvania, for which his research focused on the relationship between constitutional and international law constraints on the use of armed force, using the Japanese constitutional experience as a basis for part of the analysis. He graduated from the Royal Military College of Canada, and served four years as a naval officer in the Canadian Armed Forces, during which time he was, among other things, naval attaché in the Canadian Mission to the United Nations. He practiced civil litigation for several years at Stikeman Elliott LLP and Lenczner Slaght Royce Smith Griffin LLP in Toronto. He left practice in 2006 to undertake the S.J.D. at Penn Law. Professor Martin has taught as a visiting lecturer at Osaka University, and as an adjunct professor at Osgoode Hall Law School in Toronto, at the University of Pennsylvania Law School, and the University of Baltimore School of Law. After completing his doctorate he spent a year as Visiting Assistant Professor at the University of Baltimore School of Law, teaching public international law and international business transactions. He has published scholarly work in the area of both public and private international law, and Japanese constitutional law. He is a frequent contributor to The Japan Times, and other mainstream Media. http://www.lexisnexis.com.lp.hscl.ufl.edu/lnacui2api/results/docview/docview.do?docLinkInd=trueandrisb=21_T19172425627andformat=GNBFIandsort=BOOLEANandstartDocNo=1andresultsUrlKey=29_T19172425602andcisb=22_T19172425629andtreeMax=trueandtreeWidth=0andselRCNodeID=6andnodeStateId=411en_US,1,5anddocsInCategory=3andcsi=7328anddocNo=1 Date of Access: 2/7/14 SMC)

The most fundamental objection…. national security emergencies. n281

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)
significant sanction may operate directly …goes up with the perceived illegality of the initiative.

Tournament: Vanderbilt | Round: 2 | Opponent: Butler Foreman-Olufunmilayo | Judge: Gordon
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
AND
 an escalating electronic arms race and a developing cyber war. 

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" 

AND
the targeting party intends the intrusion to be - raises serious questions

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,
AND
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)
 The Pentagon's Defense Science Board concluded this year
AND
 would certainly take note - and presumably follow suit. 

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
Treating an increased number of cyber exploitations as covert actions would
AND
 “armed attack” or “use of force” under international law.

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
AND
as not all attacks would be regulatedby LOAC. 

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)

Although critics of the regulation
AND
but threatens the fabric of international society.”

The development of international law is based on modeling – Other Countries Model Because of the Lotus Principle
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\
Domestic laws in most countries are passed by
AND
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, especially in Cyber Space
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) 

"The current international legal paradigm predates
AND
set a precedent for the rest of the world." 

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

hard power has dominated U.S. foreign policy
AND
an operation affects American soft power.

Soft power prevents extinction, disease, climate change, terrorism and great power war
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, Date Accessed: 9-15-13 Revised by JM 

The bottom chessboard is the realm of transnational relations that
AND
cannot achieve its aims without the help of others.

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
AND
government and the world as we know it,” he said. 

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

cyberspace is especially prone to convergence
AND
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

Popular media productions such as 24 n7
AND
 commerce, critical infrastructure, and government."  

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 Napolitanbo. 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’
AND
Syrian or Iranian hackers in retaliation for strikes on Syria

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)

The DoD depends on a steady source of electricity at military facilities
AND
after an engineer loaded a software update 

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

Potential adversaries are seeking asymmetric means
AND
the normal operation of the grid, as well as its quick recovery 

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

wars not only rage in nearly every region but threaten
AND
dealing with potential hotspots in Korea

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
AND
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 Velnerabilities of Developed States to Economic Cyber Warfare, http://www.chathamhouse.org/sites/default/files/0611wp_cornish.pdf, (p. 12) (08/13/13)#HBK

Nonstate actors such as terrorist groups
AND
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)

If the American economy collapses,
AND
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
prefer the covert action statute to military legal authority.
AND
agencies that conduct cyberexploitations would benefit 

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
AND
emergence of cyberspace as a significant operational domain.

Congressional oversight is key – but 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
AND
would direct the President to keep Congress fully informed 

In cyberspace, magnitude outweighs probability
Lin 12 (I/S: A Journal of Law and Policy for the Information Society – by Herbert Lin (Dr. Herbert Lin is chief scientist at the Computer Science and Telecommunications Board, National Research Council of the National Academies, where he has been study director of major projects on public policy and information technology. Prior to his NRC service, he was a professional staff member and staff scientist for the House Armed Services Committee (1986-1990), where his portfolio included defense policy and arms control issues. He received his doctorate in physics from MIT.) VED
threats in cyberspace are much more tenuous,
AND
tilted in favor of investments