Chris Christie So Obsessed With Increasing Surveillance He Pretends He Was A Fed On 9/11 Even Though He Wasn’t | Techdirt

But there was one very odd moment at the very beginning, before the exchange above. Christie noted that he was appointed to his former job as a US Attorney on September 10th of 2001:

MEGYN KELLY: Do you really believe you can assign blame to Senator Paul just for opposing he bulk collection of people’s phone records in the event of a terrorist attack?

CHRISTIE: Yes, I do. And I’ll tell you why: because I’m the only person on this stage who’s actually filed applications under the Patriot Act, who has gone before the federal — the Foreign Intelligence Service court, who has prosecuted and investigated and jailed terrorists in this country after September 11th.

I was appointed U.S. attorney by President Bush on September 10th, 2001, and the world changed enormously the next day, and that happened in my state.

This is not theoretical to me. I went to the funerals. We lost friends of ours in the Trade Center that day. My own wife was two blocks from the Trade Center that day, at her office, having gone through it that morning.

I found that interesting, because I didn’t know that. And perhaps the reason I didn’t know that is that it’s complete bullshit. As Marcy Wheeler points out on Emptywheel, Christie was actuallynominated months later, on December 7th, 2001

The President intends to nominate Christopher J. Christie to be United States Attorney for the District of New Jersey. Christie has been a partner with Dughi, Hewitt and Palatucci of Cranford, New Jersey since 1987. He is a graduate of the University of Delaware and Seton Hall University School of Law.

Christie took office in January 2002.

Source: Chris Christie So Obsessed With Increasing Surveillance He Pretends He Was A Fed On 9/11 Even Though He Wasn’t | Techdirt

Philly PD Declares All Drivers To Be ‘Under Investigation’ While Denying Request For License Plate Reader Data

The City of Philadelphia does not want you to know in which neighborhoods the Philadelphia Police Department (PPD) is focusing their use of powerful automatic license plate readers (ALPR), nor do they want disclosed the effectiveness (or lack thereof) of this technology, as they continue to fight a Declaration public records request filed in January with MuckRock News.

City officials argue in their response that every metro driver is under investigation, in an effort to exempt so-called criminal investigatory records from release under PA’s Right-to-Know Act:

Moreover, records “relating to or resulting in a criminal investigation” are exempt from disclosure under the Act, in particular “[i]nvestigative materials, notes, correspondence, videos and reports.” 65 P.S. § 67.708(b)(16)(ii). Such individual license plate readings and accompanying information are investigative materials that relate to individual criminal investigations, and, as your request indicates, these investigations may result in vehicle stops, arrests, or other police actions. Therefore, the individual license plate reading data is exempt from disclosure under the Act.

Link (Techdirt)

Why Don’t Surveillance State Defenders Seem To Care That The Programs They Love Don’t Work?

There is a strong argument for ending these programs on the basis of their high cost and lack of effectiveness alone. But they actually do damage to our society. TSA agents participating in the behavioral detection program have claimed the program promotes racial profiling, and at least one inspector general report confirmed it. Victims unfairly caught up in the broader suspicious activity reporting programs have sued over the violations of their privacy. The Privacy and Civil Liberties Oversight Board concluded the telephone metadata program violated the Electronic Communications Privacy Act and raised serious constitutional concerns.

The Cybersecurity Information Sharing Act passed by Senate Intelligence Committee last week is yet another example of this phenomenon. Experts agree that the bill would do little, if anything, to reduce the large data breaches we’ve seen in recent years, which have been caused by bad cyber security practices rather than a lack of information about threats. If passed by the full Congress, it would further weaken electronic privacy laws and ultimately put our data at greater risk. The bill would add another layer of government surveillance on a U.S. tech industry that is already facing financial losses estimated at $180 billion as a result of the exposure of NSA’s aggressive collection programs.

Link (Techdirt)

Is Retweeting ISIS ‘Material Support Of Terrorism’?

Last week there was a bizarre and ill-informed post by music industry lawyer Chris Castle — who has a weird infatuation with the idea that Google must be pure evil — in which he tried to argue that because YouTube wasn’t able to take down propaganda videos showing ISIS atrocities fast enough, that Google was providing “material support” for terrorism. As Castle notes:

Google’s distribution of jihadi videos on Google’s monopoly video search platform certainly looks like material support of terrorists which is itself a violation of the federal law Google claims to hold so dear. (See 18 U.S. Code §2339A and §2339B aka the U.S. Patriot Act.)

Of course, there are all sorts of problems with the Patriot Act, including its definitions of “material support of terrorism,” but to stretch the law to argue that providing an open platform and simply not removing videos fast enough (the videos in question all got removed pretty rapidly anyway, but not fast enough for Castle) is somehow “material support for terrorism” is flat out crazy. It stems from the same sort of confused logic that Castle has used in the past, arguing that Google and others must magically “just know” what is infringing and what is not — suggesting a true lack of understanding about the scale of offerings like YouTube and the resources needed to sort through all the content.

We were inclined to simply dismiss Castle’s nuttiness to the category of “WTF” where it belongs… until at a conference earlier this week, a DOJ official, John Carlin, who holds the role of assistant attorney general for national security, appeared to suggest that anyone helping ISIS’s social media campaign could be guilty of “material support” for terrorism:

John Carlin, the assistant attorney general for national security, told a cybersecurity conference in Washington on Monday that officials could try to blunt ISIS’s violent PR operation by essentially trying propagandists as terrorists. He suggested the Justice Department could bring prosecutions under the law against providing material support to a terrorist organization. His remarks were believed to be the first time a U.S. official has ever said that people who assist ISIS with online media could face criminal prosecution.

Carlin was asked at the conference whether he would “consider criminal charges” against people who are “proliferating ISIS social media.”

His answer: “Yes. You need to look at the particular facts and evidence.” But Carlin noted that the United States could use the material support law to prosecute “technical expertise” to a designated terrorist organization. And spreading the word for ISIS online could count as such expertise.

Link (Techdirt)