Tournament: Bulldogdebates | Round: 2 | Opponent: Clarion Baker-King | Judge: Poapst

Inherency

The military hides cyber operations as "operational preparation of the environment" with no oversight. This is the root cause of the Snowden Scandal.

Dycus 10 
~Stephen Dycus, internationally recognized authority on national security law and environmental law,"Congress’s Role in Cyber Warfare," 2010, http://jnslp.com/wp-content/uploads/2010/08/11_Dycus.pdf-http://jnslp.com/wp-content/uploads/2010/08/11_Dycus.pdf
Another potential obstacle to congressional involvement is the ¶ reportedly common but statutorily unauthorized practice
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Committees.42¶ Such a division of responsibilities might create dangerous confusion.
Attacks will become increasingly destructive in the SQUO—Advances outpace our defenses.
Business Insider 12
Business Insider Jul. 10, 2012 Pentagon Says Bureaucracy Is Getting In The Way Of Cyber Defense http://www.businessinsider.com/pentagon-says-bureaucracy-is-getting-in-the-way-of-cyber-defense-2012-7~~23ixzz22hjyjtVU
The current head of the Pentagon’s cyber attack response team told the American Enterprise Institute
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group of feds without a centralized command and each working for different goals. 

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.====

Adv 1 LOAC

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
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Wickham of USA Today, "could well dominate this planet for decades."

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
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risk of an accidental or unauthorized nuclear launch, would also probably stall.

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

====A Covert Action framework clarifies Cyber Exploitation as Cyber Opps and forces compliance with the LOAC, which solves escalation====
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
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all such means of influencing political, economic, or military conditions abroad.

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 26 School… http://www.loc.gov/rr/frd/Military_Law/pdf/LOAC-Deskbook-2012.pdf-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
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observance of the LOAC denies the enemy a rallying cry against difficult odds.

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=DocumentDisplay26crawlid=126doctype=cite26docid=20+Cardozo+J.+Int27l+26+Comp.+L.+53726srctype=smi26srcid=3B1526key=e30e49aa22650c3c135d44854f)
A strict textualist may not be persuaded by the above argument. Article 51 of
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be a policy that uses active defenses to prevent and deter cyber espionage.

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\
The first thing to know about international law is that it bears only a passing
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for the International Court of Justice decision in which it was established.4

De-escalating 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
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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

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-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
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even the largest country cannot achieve its aims without the help of others.

Most comprehensive study of over 11,000 years proves warming is real and anthropogenic

Romm 13 (Romm, Ph.D. from MIT, served as Acting Assistant Secretary of the U.S. Department of Energy. He is now a Senior Fellow with the Center for American Progress Joe. Bombshell: Recent Warming Is ’Amazing And Atypical’ And Poised To Destroy Stable Climate That Enabled Civilizationhttp://thinkprogress.org/climate/2013/03/08/1691411/bombshell-recent-warming-is-amazing-and-atypical-and-poised-to-destroy-stable-climate-that-made-civilization-possible/?mobile=nc-http://thinkprogress.org/climate/2013/03/08/1691411/bombshell-recent-warming-is-amazing-and-atypical-and-poised-to-destroy-stable-climate-that-made-civilization-possible/?mobile=nc kjl)
A stable climate enabled the development of modern civilization, global agriculture, and a
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and aim for a setting of "Dangerous, But Probably Not Fatal."

Every 1 we solve is huge – outweighs nuclear war

Matheny 7 (Jason, Ph.D. Candidate in the Department of Health Policy and Management at the Bloomberg School of Public Health at Johns Hopkins University, Reducing the Risk of Human Extinction, Risk Analysis, Volume 27, Number 5, Available Online at http://www.upmc-biosecurity.org/website/resources/publications/2007_orig-articles/2007-10-15-reducingrisk.html)
We may be poorly equipped to recognize or plan for extinction risks (Yudkowsky,
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on the extinction risks we face and the costs of mitigating them.20

Adv 2 Oversight

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-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
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. 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-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
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in institutional competition as well as cooperation between the CIA and the military.

Consultation solves—Prevents covert espionage but enables flexibility.
Dycus 10
~Stephen Dycus, internationally recognized authority on national security law and environmental law,"Congress’s Role in Cyber Warfare," 2010, http://jnslp.com/wp-content/uploads/2010/08/11_Dycus.pdf~~
Set out below are some steps that Congress might take to create an appropriate partnership
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consultation, for example, must be worked out between the political branches.

Scenario 1: Turf Wars

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. 26 Pol’y 13. AMon

The cyber threat to U.S. national security, economic security, and
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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 Napolitanbo. http://truthstreammedia.com/big-sis-says-cyber-attack-will-bring-down-power-grid-when-not-if/-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
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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
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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-http://www.hsaj.org/?fullarticle=7.2.11
The cyber threat to the DIB is only part of a much larger challenge to
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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-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
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Such a measure is not only prudent, it is also badly overdue.

Scenario 2: Business Confidence

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)~23HBK

Cyber attackers have the power to shut down economies and a global cyber war could
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- 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 Velnerabilities of Developed States to Economic Cyber Warfare, http://www.chathamhouse.org/sites/default/files/0611wp_cornish.pdf, (p. 12) (08/13/13)~23HBK

In a world of interconnected and interdependent economies we could expect an element of self
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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
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world affairs move; the world could devolve to that point very quickly. 

Solvency

====Oversight solves escalation====
Lin 10  "Offensive Cyber Operations and the Use of Force"; 4 J. Nat’l Sec. L. 26 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.

Tournament: Bulldogdebates | Round: 7 | Opponent: Liberty Call-Crane | Judge: Spiker, Foley, Mulholand
Junot Diaz in 2007. The Brief Wondrous Life of Oscar Wao (
, in 2008. He is a 2012 MacArthur Fellow-http://en.wikipedia.org/wiki/MacArthur_Fellows_Program.) SP

They say it came first from Africa, carried in the screams of the enslaved
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say: Our then dictator-for-life Rafael Leónidas Trujillo Molina.

A true interrogation of war powers demands a spiritual reflection on the lived experience of its victims. Sometimes this means engaging non-traditional ways of knowing – like very superstitious writings on the wall.

Trujillo? US military strategists had his back – a man guilty of slaughtering 13,000 Haitians in the Parsely Masacre. The saying was, "Sure he’s a son of a bitch, but he’s our son of a bitch." Do you see new how the exercise of war powers are key to maintain US imperial control over the Caribbean? Look at Guantanamo Bay.

Toby Habertson12 (Rock around the Blockade is a British campaign in defence of socialist Cuba.) http://www.ratb.org.uk/news/cuba/214-10-years-guantanamo SP-http://www.ratb.org.uk/news/cuba/214-10-years-guantanamo SP

January 2012 marked ten years since the first 20 prisoners arrived at the US prison
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area’, is not something Obama or his successors will give up easily

This ain’t some new shit either. The legacy of America’s Backyard Policy has created two centuries of neo-imperialist interventionism in Latin America and the Caribbean - legally justified by executive war powers. Here’s an abridged list

(Source: http://www.english.illinois.edu/maps/poets/a_f/espada/imperialism.htm)
1906-09: U.S. forces occupy Cuba
1914-34: U.S. troops occupy Haiti. You know Haiti. The first black republic – borne to a voodoo revolution sparked by Toussaint L’Ouverture.
1918: U.S. army lands in Panama to protect United Fruit plantations.
1961: CIA-supported invasion of the Bay of Pigs.
1965: U.S. Marines occupy the Dominican Republic
Junot Diaz 2007
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, in 2008. He is a 2012 MacArthur Fellow-http://en.wikipedia.org/wiki/MacArthur_Fellows_Program.)SP//
Why do you think the greatest power in the world lost its first war to
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, makes it harder to put a finger on, to brace yourself against

1966: U.S. Green Berets take part in "Operation Guatemala"; over 8,000 Guatemalans killed
1989: U.S. invasion ousts Panamanian dictator and former CIA operative, Manuel Noriega.

The deployment of US war powers and foreign policy is the face of modern imperialism. The ordering of the world through an interventionist, hegemonic state gurantees global instability and violence. Unlimited imperialist conquest inevitably results in extinction, every modern war has been a byproduct of the spread of colonialism

Harvey ’06
~David Harvey, "Spaces of Global Capitalism: A Theory of Uneven Geographical Development", May 17 2006, Chapter 13~
At times of savage devaluation, interregional rivalries typically degenerate into struggles over who is
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of the world, but by the destruction and death of global war.

The globalized economy under imperialism demands structural violence against the most vulnerable people

Demenchonok and Peterson ’09
~Edward Demenchonok and Richard Peterson, "1.?Globalization and Violence: The Challenge to Ethics", American Journal of Economics and Sociology, February 18 2009, Wiley interscience~
DESPITE its many benefits, globalization has proven to harbor a good deal of violence
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ethics, one that informs a global co-responsibility for shared problems?

The ubiquity of this system means our role of the ballot is to determine whoever best performatively and methodologically resists imperialism. Our advocacy is to use magic to undermine these oppressive forces.

Contrary to the popular narratives about coloniality and the lived experience of people in captivity – there are ways to transcend and even defeat these evils. In Jamaica, the land of my father a mystic force named Obeah was used to confront the specter of white supremacy and economic coercion.

This is Winnie Chan - http://www.people.vcu.edu/~~wchan/poco/624/harris_south/Obeah20and20Myal.htm-http://www.people.vcu.edu/~wchan/poco/624/harris_south/Obeah and Myal.htm

Obeah is perhaps the oldest of all Afro-Creole religions in the Caribbean.
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-determination in the face of hostile pressure from above" (46).

The belief that the supernatural can create invincibility and salvation injects hope into the political sphere which is the key internal link to social change.

Gary McCarron-gmccarro@sfu.ca2007** is an Assistant Professor in the School of Communication at Simon Fraser University. He is currently studying the relationship between democracy and health. 2007 Gary McCarron (http://bad.eserver.org/issues/2007/78/moral.html-http://bad.eserver.org/issues/2007/78/moral.html_)//SP26VED

I write out of the conviction that hope is still important in a world where
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zealot, nor the Cult of Positivity for sale on late night television infomercials

These tactics destabilized white rule in not only the Caribbean – but Africa too. The resistance was able to manifest in peaceful and violent cultural micro-politics.

Bernault (no date) Magical Politics in Equatorial Africa - Florence Bernault - University of Wisconsin-Madison - PhD: University of Paris-Diderot; MA: University of Paris-Sorbonne; BA: University of Paris-Sorbonne - pecializations are Equatorial African History and Contemporary Africa.  I teach and research on the formation of modern identities, nation-states, and popular culture in West and Equatorial Africa, from the 19th century to the present.  I offer courses and seminars on Africa since 1870, on Equatorial Africa since 1500, on Non-Traditional Sources for Modern African History, on African Christianity, and on African Art from the Primitive to the Global: Collections, Tourism, Museums.  I have also written extensively on France’s current debates about citizenship, naturalization, immigration and the colonial debt. http://faculty.history.wisc.edu/bernault/magical/Bernault20magical20politics.htm-http://faculty.history.wisc.edu/bernault/magical/Bernault magical politics.htm SP

At the twentieth century’s end, religion and magic constitute one of the most powerful
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revising current ideas about space, politics, and territoriality in this region.

Imagination and superstition uniquely create transformation and liberation

Tyson Lewis and Richard Kahn10
"Education Out of Bounds, Reimagining Cultural Studies for a Post Human Age"
AND
Society (2011).) Published in 2010 by Palgrave Macmillan SP26VED
Utilizing Antonio Negri’s work (1991), we would argue that the superstitious vector of
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). The monstrously savage imagination is a zone of becoming-insurgent against Power

Tournament: Sunshine State Showdown | Round: 1 | Opponent: Miami | Judge:
United States Congress should enact legislation requiring offensive cyber operations be funded, conducted, and/or directed pursuant to Title 50 United States Code § 413b.

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 anarmed conflict
AND
attacker but the hard-drive would still exist unharmed in itsphysical 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
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
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.

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 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’ 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
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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
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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
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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
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- 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 Velnerabilities 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
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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
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world affairs move; the world could devolve to that point very quickly. 

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
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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
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upon its relationship to the 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 act alone to develop a cyber warfare policy for the United States
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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
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control issues. He received his doctorate in physics from MIT.) VED
Section I pointed to influences on analysts to draw worst-case conclusions. The
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prepared to do without those capabilities and/or to reconstitute them quickly.