What this despicable “enemy of the people” is doing by deliberately publicizing an anti-ICE app may be legal, but it is undeniably unethical. The Trump administration should prosecute anyway.
Joshua Aaron (above: he looks exactly like I assumed he looks!) is a musician and software developer who, because he’s an anti-American, pro-lawbreaking asshole, created an app called ICEBlock. It’s a descriptive name: it allows advocates of open borders and opponents of law enforcement to post sightings of U.S. Immigration and Customs Enforcement officers across the country. Then the law-breakers they are seeking can more effectively avoid capture, and those who want to attack, harm, kill, or impede ICE agents have a metaphorical “leg up.” That’s nice.
This jerk “explains,” “When I saw what was happening in this country, I wanted to do something to fight back.” Aaron told CNN that the deportation efforts feel, to him, reminiscent of Nazi Germany. Yes, Aaron, that’s because you’re a gullible ignoramus. The Nazis rounded up German citizens because of their ethnicity. ICE properly apprehends illegal immigrants who are not citizens. This is a pretty basic distinction.
ICEBlock is designed to be an “early warning system” for users when ICE is in their area. Users can put a cyber “pin” on a map showing where they spotted agents along with notes that describe what officers were wearing or what kind of car they are driving. Then other users within a five-mile radius will receive a push alert notifying them of the sightings and those details, so they can ambush the agents or, you know, pick them off.
Oh, no, this asshole claims, his app isn’t intended to cause any harm, just to allow as many illegal immigrants avoid detection as possible, because breaking our immigration laws is a good thing. He even has a disclaimer on the app, see, that makes it so, so clear that it isn’t to be used to do what it obviously was designed to do.
As you know, I just love the “It isn’t what it is” (Yoo’s Rationalization, #64) dodge. Here is Aaron’s insulting “warning”: “Please note that the use of this app is for information and notification purposes only. It is not to be used for the purposes of inciting violence or interfering with law enforcement.” This is signature significance for 1) a lawbreaker who thinks denying that he’s doing what he’s doing means he isn’t doing it and 2) someone who thinks everyone else is stupid.
I first encountered the dishonest device when a read the minutes of an illegal meeting among competitors in a field plotting to destroy the one competitor who wasn’t in the room. The unethical lawyer in the meeting composed a statement in the minutes that said, “The attendees agree and assert that they fully support all U.S. anti-trust laws and that nothing discussed in this meeting constitutes a violation of them or an intent to commit a violation.” It’s like a drug dealer selling crack cocaine to a child adding a printed disclaimer that “This substance is not being sold for the purpose of violating U.S. drug laws, and should not be used or ingested by the purchaser.” It’s like parents giving their neurodivergent son, who has been ranting about shooting up his school, an AK-47 for his birthday and telling him, “Now we’re giving this to you with the understanding that it is to be kept in your room and is for collection purposes only, because we are responsible parents and would never encourage or enable you to engage in a criminal act.”
Is it ethical for CNN to report on the development and existence of the app? Minimally, yes: it’s news, the fact that the app is out there is something that the public might want to know about. Is it responsible to report on it? I think a responsible news source could justifiably decide that it is not, but I don’t know why I even mention this because CNN is not a responsible news source. CNN went considerably beyond reporting on the app’s existence: its reporters provided a link and all another pro-illegal immigration zealot needs to know to acquire IceBlock.
ICE Acting Director Todd Lyons said in a statement, “My officers and agents are already facing a 500% increase in assaults, and going on live television to announce an app that lets anyone zero in on their locations is like inviting violence against them with a national megaphone.” That’s fair. CNN has come out with its own “It isn’t what it is” lie, claiming, “This is an app that is publicly available to any iPhone user who wants to download it. There is nothing illegal about reporting the existence of this or any other app, nor does such reporting constitute promotion or other endorsement of the app by CNN.” There’s an easy rebuttal for that: “Sure it does. Who do you think you’re kidding?”
Trump, Pam Bondi and Kristi Noem have stated that CNN could be prosecuted for this blatant act of law enforcement sabotage, and this, of course, is being called one more example of “authoritarianism.” I think they should take a shot…oops, wrong idiom, sorry. That’s what Josh Aaron wants his app-users to do. The First Amendment doesn’t guarantee the press’s right to promote violence and criminal activity, and a prosecution is worth the effort if only to publicize just how intolerable CNN and the Axis media has become.
Ethics Alarms 
I agree with your assessment, but I disagree with your recommend. Is it not equally unethical to to pursue a prosecution that one knows is legally untenable? Also, does not the very act of initiating prosecution against a person (legal or juristic) for free expression create a chilling effect on free speech? Is the point of human rights not to support it, even for the most silly and reprehensible people?
Putting on my lawyer hat, I don’t KNOW it’s untenable. I think such a prosecution would probably be thrown out, but I can also write a legitimate brief arguing for the opposite result. If I were Ann Althouse, I’d ask Grok to write me a legal memorandum about why CNN’s actions are not protected under the First Amendment.
Fair point. But one would expect that the presumption must always stand in favour of liberty, and that lawyers, more than others, must stand willing to ensure this at all times
I just thought to mention (don’t know if it’s acceptable here), but I just became a lawyer, in Nigeria of course, last year after graduating top of my class from the law school.
Of course it is acceptable.
1. Congratulations.
2. I was once invited to an African lawyers conference to give a legal ethics presentation. There were lawyers from all over the continent, but a plurality of Nigerian lawyers. They were so engaged by my topic that I was asked to cut it short to allow for as many questions as possible. The passion and interest the lawyers showed were unlike any I have seen before or since, and vast contrast to the attitude of most American lawyers regarding professional ethics—also the dignity and professionalism. It was easily the most rewarding ethics-related experience of my life.
Thank you! So much.
And yes, African lawyers are usually fixated on ethics but this generally happens to be a fixation on theory rather than on practice.
Failing Professional Ethics (the course) in your bar finals will require you to resit the entire exams, including courses you passed.
But what we see in practice from eminent lawyers in the country is something else.
Who is being prosecuted CNN or the app developer? I would say that CNN’s report of the app is protected free speech but the app itself is used to aid and abet the capture of those breaking the law. One can reasonably argue that this app obstructs justice by giving advance warning to lawbreakers. It is impeding the lawful activities of police for the purpose of preventing a lawbreaker’s capture.
I think the issue is that CNN also provided a link to the app which, in my opinion, is akin to reporting where our military forces are positioned on the eve of an attack. Your mileage may vary.
I think it might be easier to put pressure on the Apple App Store to remove it. If that can be done, then the only way people could get it would be to download it directly from the developer. The next (totally unethical) step would be to put up fake sites that appear to offer the app but download malware instead.
Seriously. I watch “Forensic Files” sometimes. Not the new version. Occasionally, an episode will discuss a mad bomber or poisoner. The show’s narrator will explain that the person in question got the information from a book or came up with his/her own methodology, then go on to state that the name of the book or the process involved, “Will not be disclosed on this program”. Even a 30-year old show knew that leading people to information that could be used to harm others was irresponsible.
We all know that CNN went into detail because it wants to impede law enforcement. And John Lennon up there in his imaginary world may put a disclaimer on there that it isn’t to be used to impede law enforcement, but he cannot deny with any credibility that his app was designed to do exactly that. If anything, he’s obstructing justice.
On a related note, am I misremembering or was there once an entry about people who report where police are camped out with radar detectors to help others avoid speed traps? My feeling is that it’s also close to obstructing justice. Not to rationalize “It’s not the worst thing” but, at least, an app that identifies speed traps isn’t intended to make police officers a target.
In Virginia, Fuzz Busters are illegal. Virginia is right, but it is the only state with such laws.
Google Maps offers a feature while driving that “Police have been reported in the area”.
My phone’s GPS does the same thing.
Well, ya know, Google ended its admonition to “Don’t be evil” years ago.
AM– The “speed traps” are usually set up to enforce speed laws to enhance highway safety. So if the guy with the “radar ahead” sign causes people to slow, the ultimate purpose of the enforcement effort is achieved. I also know that some jurisdictions use traffic enforcement as a “shake-down” to fund city projects, so the crime would be something along the lines of taking money from the city.
If Our Host is referring to radar detectors, the consensus among traffic enforcement professionals is that people will pay decent money to get something that will tell them they are about to get a ticket. Nothing says “no warning for you” like a Fuzz Buster” on the dash. 🙂
Leaving the legality or ethics aside, as a practical matter, I’m not as cheesed off about this as you are, Jack. Approximately one-tenth of one percent of the total US population watches CNN, according to the latest ratings. And I’d bet that those most likely to use this app aren’t watching news broadcasts in English, regardless of the channel.
Meantime, it’s highly likely that those interested in this app are circulating word of its existence on social media. In other words, that CNN gave this story airtime is unlikely to move the needle on its adoption.
From my perspective, all this story did is give a dirtbag is fifteen minutes of (almost unwatched) fame.
Why not use the app to crash the app? Post wrong information about ICE activity on the corner of 2nd Ave and Vine. Then, post another one on the Miracle Mile and 24nd Street. Then, about an action in Winslow, AR, where a Fastback Ford is involved. Just keep posting and posting and posting and posting. Eventually, the app will become useless.
jvb
And that’s exactly what’s happening.
So CNN can claim they were just helping to speed this process up….
Here is how one PJ Media critic characterized CNN’s motives:
“It’s not like we don’t all know that CNN despises Trump and that CNN anchors and personalities think every illegal alien is another Maryland man just waiting to be free so he can buy a little home in the burbs.
CNN’s mission is to do their level best to make sure those illegals get their share of the American pie, even if it means taking your slice. In order to do that, they have to mount a stealth mission against the forces of evil – the Trump administration – through all means fair or foul, mostly foul. That includes the nightly diatribes on the various roundtables when Trump policies and enforcement news of the day is loudly decried as inhuman, inhumane, unconstitutional, or all of the above. Even if it means taking repeated corrective ass whuppins from Scott Jennings, they stick like progressive glue to the message no matter what kind of lie they made up to spew.The ‘reporters’ and ‘news’ anchors have to be a little cagier getting the subversive message across so as not to shred what little credibility they have left, and cause the rest of the six folks in their viewing audience to finally flush the channel from their remote’s station memory. This was a particularly wicked example of CNN’s creative reporting last night. Oh, my gosh! The ingenue-like, innocently wide-eyed ‘news’ anchor says to the CNN reporter.’ I heard there’s some chill-axe kind of ICE tracking app people are using. Sounds neat. What exactly is it and HOW DOES IT WORK?
Um…OKAY.
So she shows him.“
jvb, I like this idea very much.
With his own weapon he is worsted!
Oh, my Lord … John. It’s Winslow, Arizona, not Winslow, Arkansas.
Oops, you was just playin’ around. Flat bed Ford just popped into my head. Hah!
After I typed that missive, I realized that it was a girl, my Lord, in a flatbed Ford. Sheesh! What a doofus. Double Doofus for the “AZ” error. I hang my keyboard in shame.
jvb
It’s okay, John. I assumed I’d mistakenly missed your goofing around with the lyrics and locale as part of screwing up ICEBloc.
Nah. I just made a mistake. I won’t take credit for irony where none was earned. My keyboard gently weeps.
jvb
This was my first thought as well. In fact, if it were a foreign power behind the app, this is an excellent example of “cyber-warfare”.
I would think that ICE would take the initiative to post the false negatives themselves, including automating the process so that fake postings from ICE would outnumber real postings ten-to-one.
Foreign powers have been doing this every day on Facebook, Twitter, and other popular platforms for more than a decade now.
–Dwayne