good evening, everybody. a record performance today for president obama. the president's job approval has now dropped to the lowest point of his presidency. and his disapproval rating now at its highest level. gallup polls finding just 38% of those surveyed approve of mr. obama's performance, 54% disapprove. president obama comforting some of his critics by penning on op-ed to the terrorist group, the islamic state, in which he vowed to not be, quote, cowed by barbarics.

>> our objective is clear. that is to degrade and destroy isil so it's no longer a threat not just to iraq but also the region and to the united states. we know that if we are joined by the international community, we can continue to shrink isil's sphere of influence, its effectiveness, its financing, its militarycapabilities, to the point where it is a manageable problem. >> joining us to talk about the president's failed foreign policy and fighting al qaeda as well as the islamic state and, of course, how to of crse stall vladimir putin's ambitions, we're joined by congressman ted poe, member of the foreign affairs committee. >> great to be here.

>> this has been a terrible week for this president on the world stage. what can the president do now to make clear what his strategy is, if he's now in possession of one, and articulate a direction for u.s. foreign policy? >> the president needs to lead. being the leader of the free world has some responsibility. and one of those, to lead. and this issue with isis, we should have a plan. the president should have a plan. america should know what it is and isiseeds to know what it is. we're not sure we have a pn. the president says, well, we wa to try to manage this oup. what does that mean? does he want to put them on probation and make them do community service -- isis needs to be defeated. most americans, i think, agree with that. so, mr. president, we need a plan. congress goes back into session and i think congress will help him with that plan next week. >> a helpful congress would be

helpful for this president, i'm sure. deputy national security adviser toyny boinkin talks about a coalition that would involve saudi arabia, the uae and others standing up. can this coalition be effective without powerful arab states in it? >> we need the arab states. unfortunately the united states over the last few years has destroyed our relationships with many countries -- egypt, saudi arabia, north african countries as well. now we want to go back to them and say, we need your help. they don't have a lot of confidence and trust us. but the united states has to take the lead and go after isis, strategic air strikes, arming the kurds, a few other things. >> history often repeats itself. >> often. >> we have gone through from the persian gulf war a true coalition, 500,000 u.s. troops,

to the iraq war. the united states has a natural alliance with nato, a natural and if you will effective alliance or it has been historically. why is the united states now suddenly so dependent on coalitions, and does that in and of itself allow the united states to act outside of its natural sphere of influence and its own national interests? in other words, are these coalitions too willing and is the united states too eager to form them? >> the united states doesn't -- it appears now isis is threat to the united states. but the united statessays, not so fast, we need to get others involved in this process. that is true. we should get others involved. but meanwhile, we need to protect our own national interests. >> if we believe, republicans, democrats, independents, all of us believe that the islamic

state is a threat to the united states, why in hell should we wait on anybody? >> we shouldn't. we shouldn't wait on nato, the united kingdom. we should protect our national interest. >> and with that clarity, why do we not understand that the beheadingf two american citizens, gruesome, repulsive and angry to every single american, doesn't even come close to tipping the scales with the offenses of the state of iran against the united states responsible for a third of our casualties in iraq and a hedge monic power throughout much of the middle east and we don't even respond, we don't speak their name. what in the world are our leaders doing? >> wire not leading. we're not doing anythin people around the world, americans, even, what is our policy? what is our foreign policy? what is our policy toward people like -- groups like isis?

the worst group that has ever existed in our lifetime, about killing people. and they enjoy it andof,#átk dot in just terrible ways. we're just waiting, we're waiting -- what are we waiting on? take the lead. protect the nanational interest and say, we're going after you. you're not going to hide. >> the national interest as nato apparently is trying to, if you will, straighten itself out, tighten up and get ady to meet vladimir putin. but all the while, despite the words of protestation to the otherwise, crimea's in the hands, it's part of the russian federation now. and it does not seem that europe is eager to join a coalition that would engage vladir putin and the forces of russia. >> no. russia is doing what they want to do. they took georgia. the world outraged, did nothing. one-third of georgia belongs to russia now.

crimea, same thing, outraged. we did nothing as the world. the west did nothing. now it's part of russia. and eastern ukraine, the same thing is happening and we're going to protest and we're not going to do anything. putin, he aggressive. he gets away with it. he laughs at the west. and we just do nothing. no sanctions work. nothing works. >> in the midst of all ofthis, as there is so much criticism being hurled against the president for his contradictions, his incoherence and the absence of a strategy, the republican house speaker finds it necessary to talk in the midst of this about immigration reform, which is, i gus, at hand. your thoughts? >> we need to deal with isis right now. that should be the talk that's taking place and the action that takes place when congress goes back into session. immigration does have to be dealt with. it's had to be dealt with for years. but i think isis is the issue right now. >> hardly the proximate issue

that isis has apparently become. congressman ted poe, always good see you. thank you for being here. president obama has lost his pen and his phone when it comes to executive action on immigration. but did house speaker john boehner find them? the man who may know the answer to that question is ali noorani, the executive director of the national immigration forum. national immigration forum. he's here next. [ hoof bts ] i wish... please, please, please, please, please. [ male announcer ] the wish we wish above all...is health. so we quit selling cigarettes in our cvs pharmacies. expanded minuteclinic, for walk-in medical care. and created programs that encourage people to take their medications regularly. introducing cvs health. a new rpose. a new promise... to help all those wishes come true.

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61 days until the midterm elections. house speaker john boehner may not be helping his party out. the speaker said in a radio interview that immigration reform, as he called it, could still happen in the relatively near future.

>> i wwsn't likely to happen this year because of the flood on the border and the president's own pounding his chest about using his phone and his pen. but i did outline that there's a possibility that congress could take this issue up next year. >> and not even the white house knows what president obama will do on the issue, whether he will issue another fiat. somebody who night know is ali noorani. great to have you with us. what will the president do? >> i think the president is trying to figure out what his options are and what the timing will be. first of all, the legislative solution is ideal. congress still has -- is in session till the beginning of next year. the senate has passed a perfectly reasable piece of legislation. so speaker boehner still has an opportunity either leading up to the election or after the election. but if the house fails to act,

it does look like the administration is going to take thr own action. >> well, it's hard to tell. we have josh earnest, his spokesman saying, it's hard for me at this point to draw any conclusions about what the president's timing will be. and you mentioned the senate bill which was not taken up by the house. the house has put forward an incremental immigration reform. surely you would embrace that if the president would simply lower the rhetoric, move toward a resolution, representing compromise? >> remember, lou, the president to his credit, let's admit, he lowered the rhetoric all the way up through the summer until speaker boehner as he did in the radio interview, it's not going to happen this year. the president went as far as to say we can do this piece by piece, let's just get it done. the fact is that our economy and ou families are suffering because of a broken immigration system. so at some point, our elected officials have to act.

>> they really don't have to act because what you just said was true from 2006 to th very moment, throughout that entire period they've had to act. there has been a rush of urgency. and you have worked, i would say honorably and tirelessly to achieve amnesty and your goals of cprehensive immigration reform. i respect that, but the reality is those illegal immigrants in this country still have not been served by the absolute insistence on a whole.> i could. i think there is a thirst for compromise when you look across the majority, the opinion of the majority of americans. and i also have to believe that there's a thirst for compromise among democrats and republicans in congress. but at this moment in this political climate, reaching a compromise is going to be incredibly difficult. so at some point, eitheroehner

has to say, guys, we have to take our medicine, get this over with, or the president is going to have to say, we have to do whatever we can, although it will be temporary and inadequate and fal short of his own ideals, at some point, we have to grant our economy and our communities some sort of relief. we've been talking about this for years. at some point, we have to get it to a solution. >> maybe the solution is staring everyone in the face and that is the fr bills reported out of the judiciary committee led by chairman bob goodlot. if great energy could be -- and i'm talking about sincere energy -- put behind that legislation, ot something that would move to conference where the senate and the white house would like to work their will, but to actually move forward in an incremental fashion achieving border security, real border security in the nonsense rhetoric that you can't secure the border because we know you can -- there are examples all

over the world of successfully doing so. is that possible still in your view, ali? >> i think so. this will be in the hands of speaker boehner. four bills have passed out of the house judiciary committee. they can be voted off the house floor. but republicans are going to need to reach a compromise with democrats to get those out of the house. just like you said, that question, is there a spirit of compromise? all the way up through the summer, we saw that spirit of compromise was there. i think as speaker boehneras saying, let's get this done, he can. >> he can't really get it done because right now in his conference, he has -- as we will see over the coming weeks, there's absolute outrage at the insistence that this be shoved down the throats of the american people and the congress. hisconference would rebel instantly. >> absolutely. we saw that going into the august recess. they couldn't get anything close to a rational solution. >> well, plenty of irrationality

can be spotted in all quarters in washington, d.c. ali noorani, you are an exception to that. we appreciate you being with us. >> thank you very much, lou. appreciate it. >> good to see you. up next, my commentary on why letter writing and pretty speeches sometimes don't hold a candle to true leadership. candle to true leadership. that's next. musical chairs. fun, right? welllllllll, not when your tvel rewards card makes it so hard to get a seat using your miles. that's their game. the flights you want are blacked out. or theask for some ridiculous number of miles. honestly, it's time to switch to the venture card from capital one. with venture, use your miles on any airline, any flight, any time. no blackout dates. and with every purchase, youl earn unlimited double miles. from now on, no one's taking your seat away. what's in your wallet? from now on, no one's taking your seat away. crestor lowered bad cholesterol in it's a fact. high-risk patients more than lipitor. bad cholesterol...

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now the quotatio of the evening, our quote tonight from general john pershing who said, a competent leader can get efficient service from poor troops, an incapable leader can demoralize the best of troops. a few comments now on our presint's reluctance to act and his obvious preference for words, spoken and written. president obama who's been roundly criticized for his lethargic and clumsy response to the terroristroup the islamic state and british prime minister david cameron w's won praise in europe and america for his response have come together to right an op-ed in "the times of

london" in which they said, quote, if terrorists think we will weaken in the face of their threats, they could not be more wrong. countries like britain and america will not be cowed by barbaric killers. mr. obama chose well his editorial partner but should have given cameron the lead in its writing. barbaric killers who decapitate citizens of the world's only superpower and in half a year have taken greater dominion in iraq than the united states could in the final years of our presence there, aren't likely to be dissuaded or even for a moment doubtful when reading the assurances of two powerful leaders. they don't be cowed by terrorists, terrorists who were dismissed as j.v. at the beginning of the year? mr. obama is having a difficult time of it with these j.v.ers who can't cower us. and the pale, limp language of the president's words, spoken and written, while in europe are

not exactly those of a great leader in a profound response to national challenge. especially after being upstaged by his vice president's newfound bellicosity and bravado just the day before he spoke. our vice president yesterday -- >> when people harm americans, we don't retreat. we don't forget. we take care of those who are grieving and when that's finished, they should know, we will follow them to the gates of hell until they are brought to justice. because hell is where they will reside. hell is where they will reside. [ applause ] >> and now our president -- >> we know that if we are joined by the inttrnational community we can continue to shrink isil's sphere of influence, its effectiveness, its financing,

its military capabilities, to the point where it is a manageable problem. >> an unsettling tone to many, the difference between the two men, so stark democratic senator gene shaheen in an election battle with former governor scott brown blasted obama on twitter. she wrote, quote, do not belie isil is manageable, agree these terrorists must be chased to the gates of hell. end quote. some of our national leaders blood thirst demands war because those terrorists beheaded two of our fellow citizens and they are appropriately angry and outraged and demanding action. but those same leaders haven't demanded that iran be vaporized because it was responsible for a third of our casualties in iraq and is now a sponsoring force behind global terrorism.

among those leaders are some who want to actually arm and supply the islamic state just months ago because it opposed bashar al assad in syria. and one of our national leaders seems to believe he can simply avert his eyes from the reality of pressing challenges and mortal threats to our nation. and all of this leads to a series of existential questions. among them, how many failures are required for a failed presidency? and when do the failures of a president amount to the failure of an entire nation? and when should the people demand better of all their leaders, not merely a president? we're coming right back. you can't accuse this president of being all talk. he has a letter writing campaign now. the inspiration for the book and movie "blackhawk down" colonel danny mcknight joins us to talk about the president's penchant

for

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joining us now is retired army colonel danny mcknight. he was convoy commander whose heroic leadership during the battle of mogadishu in 1993 was recreated in the oscar-winning film "blackhawk down." colonel, good to have you with us. let's turn first to the president speaking in contradictions, actually, on the world stage, speaking first of a manageable problem and then secondly degrading and destroying the enemy. what do you make of such contradictions, such confounding language? >> well, what really gets me is when we use the words manageable problem that we're going to manage something when we are talking about people who have beheaded americans and who are

willing to do anything to destroy us, i think. it makes no sense. and i promise you, the soldier on the ground would be just scratching his head right now wondering what that really means. >> how do you with your distinguished service to the nation for which we're all grateful and the droops you commanded and worked with, how do you feel when you hear a u.s. senator or perhaps two u.s. senators w are only seven months ago were trying out for american arms and heavy weapons to be delivered to the islamic state because they were opposing bashar al assad and now those very same senators want to chase them, as the vice president put it, to the gates of hell? >> well, the first thing that comes to my mind is something that you've already mentioned tonight. it's leadership. it tells me that they don't have a clue about leadership. they were just trying to look for a quick and easy answer

seven, eight months ago. and they didn't look at the big picture and they didn't look at how that could iactn down the road. and i think we see the results of what happens when you somehow support people who are not willing to be on our side. they're willing to kill us, though. >> and the president obviously authorized a drone strike against one of the warlords who is believed to be leading al shabaab in somalia. you were fighting there 20 years ago. and now we're sending drones. there's some confusion certainly in the region about al shabaab's effectiveness and whether indeed it is the party responsible for some of the damages that are being carried out by terrorists. what is your recommendation? i think people want to know from you, colonel, what youu would have this country do to eradicate the threats to the united states? >> well, the first thing is we need to have leadership in our

country stand up, don't worry about being politically correct, but make the decision that we need a strategy and we're going to go out there and we're going to eradicate the bad guys, the enemy that so dearly wants to harm us. we need to clearly state what that strategy is and go forth with it. until we do that, and it's not just the president -- yes, he is the commander in chief. but we need our general officers to stand up to him and say, this is what needs to be done. and if they don't get him to agree to it, they need to step down, then, because all they're going to do is pacify him and that's unacceptable. we need to understandhal shabaab, that isis, those people aren't friendly to us and want to harm us. what it's going to take is not just drones. it is going to take an american soldier, hopefully supported by other countries. but you know what? if the coalition doesn't come to be and the other countries don't support us, we've got to worry

about the united states of america first and foremost and that's what we're not doing enough of, in my opinion, right now. >> my colleague, bret baier, e recounted a story he heard from a soldier reacting to vice president biden's comment about chasing the islamic state to the gates of hell. quote how the, expletive deleted, can we do that when we can't even leave our front base? >> that is interesting. the soldiers that are thinking that, they want to know what is the next move for them? are they realy going to be allowed to go out there and defeat this enemy? and that's what isis is, the enemy. are we going to be able to defeat them or wait for them to come us and harm us first to do it? i promise the soldiers are scratching theireads right now wondering what the president means when he talks about

managing a problem, then he's going to destroy them. and we use a drone in somalia. we can put soldiers on the ground and defeat al shabaab we need to. but let's have a strategy and lay it out. the soldiers deserve that kind of leadership d we do not have it today. >> colonel danny mcknight, thanks for being with us. >> thank you, lou. the deadly epidemic in west africa is spiraling out of control. could a new vaccine be the answer to stop the contagion? dr. a when fixed income experts work with equity experts who work with regional experts who work with portfolio management experts

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a third american infected with the ebola virus has been identified toda dr. rick sacre is a 51-year-old family physician from massachusetts.

he was treating pregnant women in liberia. he is now in an isolation unit in a monrovia hospital. and the world health organization today declared ebola now to be a global threat, more than 3,500 people have been infected. more than 1,900 have died in west africa. scientists working for our next guest have begun testing a new vaccine this week. and these are the first pictures of volunteerseing vaccina joining us tonight, the man at the head of this research and this trial, the director of the national institute of allergy and infectious diseases, dr. anthony fauci. doctor, congratulations on getting this work under way. and obviously we all hope that it is successful. your thoughts about where you are right now? >> the paramount thing first is safety because you're going to be giving it to people who are normal, hea people to protect themgainst ebola. so the first thing you do is what we're doing right now that

you correctly said. we'reoing what's called a phase one tal in normal, healthy volunteers here in bethesda, maryland. a total of 20 people will be in that trial. it will take about three or four months by the end of this calendar year to determine if there are no adverse reactions to it and whether it induces the response. the trouble is -- not trooble, it's just the reality -- is that developing a vaccine is a long, multistep process. this is the first important step. see if it's safe. then if it is, then go to the next stage of vaccinating many more people to determine the correct dose, whether it's still safe and does it protect people. so it' not something that you get overnight. it takes a while. >> right. and zmap alreay being administered to some victims, by our count, seven, two of whom have died. what is the relationship between

the two vaccines, which do you believe at this point is most promising, if you can make that judgment? >> well, lou, one is a vaccine, which is what we're working on, what you give to a person who's uninfected to prevent them from getting infected. zmap is a cocktail of antibodies that have been artificially produced th you infuse in someone who's already infected to try and block the virus from replicating. it's very difficult to predict what is going to be the most promising. they both looked really good in animal studies. one to prevent, one to treat. right now you can't say whether zm really worked or not in the people because there were just too few people who actually got it. and two of those who got it died. >> as you know, the is obviously great urgency, the centers for disease control, tom frieden, the director, returned from west africa.

he says that this pandemic is now out of control and he thinks that there is a very narrow window, indeterminate, but a very narrow window in which the world can stop ebola. your thoughts? >> i completely agree with dr. frieden. i was with hitoday for several hours. i totally agree with his assessment. what he's referring to about the window is that it's the increase in cases that you just reported right before you started talking to me. and that is, what we're seeing is the slope of that curve is frighteningly steep in an upward way. it isn't going up like this. it's going up like that. we call that an exponential increase. that means that every day that goes by, it gets further and further out of your grasp. >> the urgency of this matter, when you talk about that hockey

stick slope for the spread of this disease, this deadly disease, what is the time frame you believe that you have to bring a vaccine, to bring this cocktail, zmap, whether it's zmap or some other, to the eople of westfrica to get this epidemic stopped? >> this is a very important question. but you may be a little bit disappointed with my answer. the reason i say that is that right now a vaccine or drugs are not going to stop this terrible outbreak. it's going to be a major, major intensification of the medical approach tords identifying, isolating, contact tracing, getting good personal protective equipment for the people who are taking care of these individuals, getting information about the help that is available for people instead of having them running away from the hospital.

vaccines are important but they're not going to be ready in time to do what we need to do tomorrow and the next day and the next day. so although we're working intensively on developing vacces and intensively on developing drugs, what west africa needs now is a major amplification of the effort of infection control, isolation, contact tracing and giving people the care that they need, which is fundamentally good medical care, intravenous fluid to replenish them from when they vomit, from when they have massive diarrhea. that's the thing that kills them. they go into shock -- >> i'm sorry to interrupt you. when will we see the massive effort that's required to save the world health organization says will be 20,000 people infected with this disease? >> well, what we do neeneed is

global effort. no one organization is going to stop this. it's not going to be the united states alone. it's not going to be w.h.o. alone. it's not going to be the world bank alone. you need a global effort of many countries and many organizations. >> dr. anthony fauci, thank you so much for being with us and bringing us up to date. >> good to be with you, lou. security breached and so was the privacy of a-list celebrities who find their very personal pictures exposed to the world. cyber security expert and top security experts on the nude photo hack and the questions that it raises about the privacy of us all and what in the world is social media, a publisher, a carrier, a hybrid? and what are its responsibilities? musical chairs. fun, right? welllllllll, not when your travel rewards card mas it so hard to get a seat using your miles.

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oscar-winning actress jennifer lawrence calling the release of nude photos a flagrant violation of privacy. a statement reading, quote, authorities have been contacted and will prosecute anyone who posts the stolen photos of jennifer lawrence. the fbi says it's beginning inquiries into allegations that dozens of celebrities including lawrence were hacked. joining us is john lucich, ceo of the cybercurity firm network security group. good to have you here. how could it happen? one would assume that security would at least protect individual phones. this looks like, what, a broad attack oncelebrities? >> we're in the early stages of the investigation right now. but it doesn't look like the phones themselves were hacked. it looks like the accounts

online were hacked that these phones sync to. apple said th did an investigation and said they haven't found any weaknesses or compromises into the system. but that doesn't mean the accounts were compromised. when you set up an account, you're asked for a user name and password. if you use a weak password -- there are reports who say there's a vulnerability in the system that the hackers were allowed to try again and again, despite the fact that typically in the industry, every three tries locks the account. they tried over a period of time and gained access. >> apple says none were the breach of any apple system and they also fixed a bug in its find my iphone service that allowed a hacker to keep trying passwords until it finds the correct one. >> if you have a system that allows someone to go on ti and time again trying password, that to me is a vulnerability. it wasn't a breach into the apple system. but if that's the case, it sounds like a vulnerability.

>> the fbi, what is the likelihood they'll be able to track down this person or persons? >> connection is a connection. there are going to be logs. the problem is as we trace these logs back, it comes to a free wi-fi syst. a hacker will sit outside and break into somebody so when the cops track him back, he comes to that. but cops can look at cameras to identify who might have been in that area doing something. it's tough when we come to mobile communications. >> and a lot of people are talking about the cloud, icloud perhaps in which instance, as if there is some vulnerability there that would not exist were this in a different server in a different manner, connected to those mobile devices. >> well, icloud provides a great service. no doubt about it. many cloud providers do. what it comes down to, i think

the problem is always humans. we have a total misunderstanding of technology. many people don't realize that by default, your phone may send these photos, videos and everything else up to the icoud. why are they doing that? to protect you so if you lose your phone or it gets stroyed, you can get those photos back. >> so it's about maintaining that fit level of security? >> right. >> strong passwords? >> right. >> i'm one of those guys that are never going to understand it. >> i met with two people today that had their iphones d we checked their settings, they didn't realize their photos were being sent up to the icloud. they turned it off and deleted all the photos. they have to be aware of what their phone does. and it's a simple setting on the iphe to turn that off. >> what setting is that? >> it's under settings, under icloud, under photos. it says "on" by default. turn it off and it will delete all the photos up there and turn it off so it no longer syncs. >> on behalf of everyone watching or listening to you or just now switching that off,

thank you, john. good to have you. >> thank you. up next, we'll have more on the leak of those explicit photos of more than 100 celebrities. top attorneys lis wiehl and arthur aidala on what does this mean and the course for those mean and the course for those who have been offended, next. [ breathing deeply ] [ inhales deeply ] [ sighs ] [ inhales ] [ male announcer ] at cvs health, we took a deep breath... inhales, exhales ] [ male announcer ] and made the decision to quit selling cigarettes in our cvs pharmacies. now we invite smokers to quit, too, with our comprehensive program. we just want to help everyone, everywhere, breathe a little easier. introducing cvs health. cause health is everything.

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now to talk about the legal ramifications, the privacy rights, censorship issues and lots of other big issues associated with the nude celebrity photos, arthur aidala and lis wiehl. if you will permit me -- >> i apologize. we have a long history. >> you've got -- i could have said diva attorney.

i would never do that. >> not me. >> lis, alwayso terrific and wonderful. let's test that. >> okay. >> this is a situation in which you've got a attorney for one of the stars threatening legal action. >> right. >> is it possible? >> yes, right to privacy, absolutely. they can make that claim. celebrities by and large have a lesser nse of privacy in the sense they put themselves out in the public eye. they know the camera is going to be watching them. but when they're taking -- they're hacking into clouds and computers and i have to admit i don't understand all the technology of this -- >> it's all computers. >> all computers. hacking into all of that and publicizing and making public something that would otherwise be private that these celeities didn't want out there, that's an invasion of privacy and they're going to be able to make that case. other people have gone to jail for it. >> the quote that the dobbs team just put up from gates was fantastic. it's really -- it hits the nail

on the head. if you look at recent supreme court arguments, even though the most recent ones have gone in favor of us of having some privacy -- i've been lucky enough to watch the actual arguments. whathe supreme court justices are saying is, people, wrap your brains around the fact that we're getting less and less pricy the way we're living our lives. >> but then you're blaming the victim and sayg, because you took the selfie -- >> it is the reality. i agree with you, philosophically, ethically, morally, even legally, but the reality is what arthur is sayi. we have basically suspended our rights to privacy. >> if you go outside, you're going to be on camera. >> twitter is suspending all accounts of jennifer lawrence and presumably others. is twitter is publisher or is it a carrier or is it some sort of intermediary? what are its responsibilities in law, because it looks to meike a blatant interference with the right to free speech --

>> i would ask lis, the former prosecutor, could you be considered an accomplice to a crime? this is known to be stolen material -- >> let's first decide what they are. >> generally not because servers, sites, anything like that -- >> generally not what? >> generally they're not culpable, not liable -- >> how can they exercise a prerogative of control of an individual's right to speech and free expression, arthur? >> i believe they did the sme thing with isis with the beheading. i believe twitter shortly thereafter took the video down or suspended the accounts or something. they did take some action regarding that. so at least -- >> tre's precedent. >> but to your point, now they're playing the supreme court. this, you can do. this, you can't do. we're going to allow you to see the beheading. we're not going to allow you to see jennifer lawrence. >> they're taking a more

aggressive big brother role than the nsa ever did and the public outcry is against nsa, not against microsoft, google, facebook, twitter, because they're the ones who are truly intruding on the individual rights. >> but don't you think it also comes down to, when we're talking about celebrities, somehow all the public is so interested in -- oh, my gosh -- >> that's what makes them a celebrity. >> exactly. >> that's what makes them a celebrity. >> the point is that's what people are going to be looking at and talking about. and twitter says, we don't want that coming down on us. >> the cases that have just come down prosecuting these people, there have been severe penalties, ten years in jail. you have to do that. these are stupid pictures but it could be goldman sachs finances that affects our entire economy. it could be medical records of tons of human beings -- all kinds of things. >> and a lot of celebrities aren't stupid. >> there is no explicit law on

the lines of responsibility, the lines of immunity, the lines of prerogative. >> that's correct. >> and accountability. when it comes to the digital universe. and we've got to have that, do we not, in law? a federal judge sitting there interpreting the ambiguous and the vague is not going to work. >> it's another example of where the law so far has not kept up with the technology. that happens oftentimes between law and technology. that law is printed on the page. it takes a long time for the legislature to pass it -- it has to happen. >> a judge interpreting becomes what we call precedent. so after that first judge interprets it -- >> but the national media is utterly behind the times because they're focused on a government issue, an intrusion on individual rights, including privacy, rather than the dividual's rights under any circumstance, it's just technology -- >> and it took some selfies to

have this come up. >> thanks for showing them in the packets -- >> arthur! >> hi, everyone. i'm courtney thorne-smith. don't change the channel, because in the next few minutes, you're gonna learn about a breakthrough product that could help take years off your appearance. but here's the thing -- you don't put it on your face. want to learn more? stay with us. >> announcer: next, a paid presentation from perricone md for cold plasma sub-d, the first-of-its-kind treatment for the area of your body that can actually age you most -- your neck, hosted by network television star courtney thorne-smith and featuring some of the most dramatic before-and-after photos you've ever seen, brought to you by guthy renker. when you look at yourself in the older than your face?k look >> the texture just looked like