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)

If You Care About The Environment In Canada, You May Be Targeted As An ‘Anti-Petroleum Extremist’

The legislation identifies “activity that undermines the security of Canada” as anything that interferes with the economic or financial stability of Canada or with the country’s critical infrastructure, though it excludes lawful protest or dissent. And it allows the Canadian Security and Intelligence Service to take measures to reduce what it perceives to be threats to the security of Canada.

Clearly, that’s an incredibly broad definition, and would apply to just about any environmental or social movement — especially since even the most peaceful protests are often considered “illegal.” That, in its turn would allow Canada’s security agencies to collect information on these groups, and “disrupt” them. What’s also troubling about the leaked RCMP “intelligence assessment” that forms the source for the Globe and Mail story is the very clear political position it seems to be taking on fossil fuels and climate change:

The report extolls the value of the oil and gas sector to the Canadian economy, and adds that many environmentalists “claim” that climate change is the most serious global environmental threat, and “claim” it is a direct consequence of human activity and is “reportedly” linked to the use of fossil fuels.

Link (Techdirt)

French plod can BAN access to any website – NO court order needed

The French government wants to block terrorist and child porn websites so badly that it’ll even pay for the privilege.

A new implementation of last year’s Terrorism Act (effectively a new decree extending the scope of the existing law) will force internet service providers to block websites within 24 hours if ordered to do so by the police – with no court order required.

However, in a sweetener to the ISPs that might well complain about the “burden” of doing so, the law promises that any costs incurred will be reimbursed.

The stick for non-compliance is a pretty big one – a year in jail and a €75,000 fine. Yet that hasn’t deterred one local access provider, Illico in Corrèze, central France, from rebelling. The body says it will refuse any blocking requests.

Civil liberties groups and open internet advocates are also up in arms.

“The measure only gives the illusion that the state is acting for our safety, while going one step further in undermining fundamental rights online,” said Felix Tréguer, founding member of digital rights group La Quadrature du Net. “We must get it overturned.”

He added that blocking is ineffective since it is easily circumvented, as well as disproportionate because of the risk of blocking perfectly lawful content.

Link (The Register)

Is Your Child a Terrorist? U.S. Government Questionnaire Rates Families at Risk for Extremism

Are you, your family or your community at risk of turning to violent extremism? That’s the premise behind a rating system devised by the National Counterterrorism Center, according to a document marked For Official Use Only and obtained by The Intercept.

The document–and the rating system–is part of a wider strategy for Countering Violent Extremism, which calls for local community and religious leaders to work together with law enforcement and other government agencies. The White House has made this approach a centerpiece of its response to terrorist attacks around the world and in the wake of the Paris attacks, announced plans to host an international summit on Countering Violent Extremism on February 18th.

The rating system, part of a 36-page document dated May 2014 and titled “Countering Violent Extremism: A Guide for Practitioners and Analysts,” suggests that police, social workers and educators rate individuals on a scale of one to five in categories such as: “Expressions of Hopelessness, Futility,” “Talk of Harming Self or Others,” and “Connection to Group Identity (Race, Nationality, Religion, Ethnicity).” The ranking system is supposed to alert government officials to individuals at risk of turning to radical violence, and to families or communities at risk of incubating extremist ideologies.

Families are judged on factors such as “Aware[ness] of Each Other’s Activities,” as well as levels of “Parent-Child Bonding,” and communities are rated by access to health care and social services, in addition to “presence of ideologues or recruiters” as potential risk factors.

A low score in any of these categories would indicate a high risk of “susceptibility to engage in violent extremism,” according to the document. It encourages users of the guide to plot the scores on a graph to determine what “interventions” could halt the process of radicalization before it happens.

“The idea that the federal government would encourage local police, teachers, medical and social service employees to rate the communities, individuals and families they serve for their potential to become terrorists is abhorrent on its face,” said Mike German, a former FBI agent who is now with the Brennan Center for Justice at New York University School of Law. German called the criteria used for the ratings “subjective and specious.”

Link (The Intercept)