Today. Quote, Mark Zuckerberg has repeatedly lied to the American People about privacy. I think he ought to be held personally accountable, which is everything from financial fines to and let me underline this, the possibility of a prison term, end quote. Lets bring in fox news senior judicial analyst, judge andrew napolitano. Judge, tech crunch just coming out with a new data breach, 419 million records of several data bases worldwide have been released and they said the server on which this data base was located was not protected by a password and furthermore, anybody could have found access to the data base. That gives more fuel to the fire of whether or not somebody like zuckerberg could be held personally liable and go to jail as a result of these releases. Well, this is gross negligence which is a very extreme form of negligence but unfortunately for senator wyden, it is not a crime. As he knows, it is not a crime for him to lie and its not a crime for Mark Zuckerberg to lie, assuming neither is under oath and assuming neither is certifying something to be true. Right now, the American Public is protected by laws that require, because of a contractual relationship between facebook and its customers, require facebook when it receives confidential information to secure it. They obviously havent. These breaches you are talking about are egregious and over the top but they are not criminal. If senator wyden yet. If senator wyden wants to make them criminal and apparently he does, you sent me earlier today legislation that hes introducing this week which would make this type of thing criminal and hold ceos criminally liable david why are you pointing to steve forbes . Because hes a famous rich ceo. Obviously, because of the constitution, you cant make something criminal retroactive but if he can get the votes in the senate and the president to go along with it, he can do it looking forward. Is this like what 1800s when they said when they brought in the first deep state administrative agency, nearly wrecked the Railroad Industry . Yes. Yes. Is this the same kind of thing . This is the same kind of thing. I have to be a little snarky here. For the government to complain that a private entity is failing to safeguard privacy, the hypocrisy. Nothing violates privacy more than the government. You are exactly right. This is probably the left personified by senator wyden wanting to get their hands on somebody who, in their opinion, got too rich too fast, too big, and they dont like something thats bigger and richer than the congress is. This is in advance of civilization that hes not proposing to burn them at the stake like witches. Thank you for being here. I dont like facebook. I dont have a facebook account, believe it or not. One of few people in america who doesnt. What i dont understand about this is why would anyone give their phone number to facebook . Why would anyone give information they want to be private to facebook . In my opinion, this is just people making a mistake and providing this information to facebook and the question i have for you, is this a violation of the contract that facebook has with their users . Because if its not, i dont see, you know, how facebook could be held legally or criminally liable. You know, you and i might be of the wrong generation, forgive me for saying that, but theres something so addictive to young people, maybe kristina can tell us in a few minutes, who want to reveal everything through facebook so their friends and even strangers can know everything about them. Is your question to me, do you lose the right to privacy in information you give to facebook, yes and no. If facebook confines it to the people for whom you intend it, you do not lose your right to privacy but if you intend to give your phone number to your 1500 followers and facebook exposes it to 150 Million People, they have violated their contract with you. Its a civil violation and you have a cause of action against them if you can quantify the damages. It is absolutely not criminal. My point is i would never give my phone number to anybody, if i didnt want it to be public information. So to some extent, people are crying about information they voluntarily handed over to facebook. Theoretically, if someone sued facebook because their phone number got out to 400 Million People, the defense would be what did you think was going to happen when you gave it to facebook . You know what facebook does. Sort of an assumption of the risk argument. We are focusing on phone numbers and steve moore complaining he doesnt understand the younger generation. I would like to point out scott is closer in age than most why did you guys leave me out of that . To that point, even airlines, you give your phone number to airlines to receive notifications. It happens across the board. Most of the people, old or young, dont read the fine print. The issue here is not just the phone numbers. What about the fact of facial recognition . Facebook was conducting facial recognition and storing that information on 60 Million People without their consent. Isnt that something, too . And to your statement, which i find very interesting, we cant go back in time, but we can go forward. So if facebook, if theres another data breach in the coming months, if more phone numbers are revealed, isnt that a case for criminal law and not civil . Well, thats what senator wyden wants it to be. If mark succezuckerberg certifi numbers, earnings, to be accurate and he knows theyre inaccurate, hes committed the crime of perjury by putting his signature on it. Senator wyden wants it to be if zuckerberg in one of his meetings in Silicon Valley says such and such a thing doesnt happen and it does, he wants to make that criminal. He wants to criminalize the type of corporate puffery and language that is typical of Corporate Executives and members of congress, senator wyden, and he wants to make that a crime. The governments not going to want to prosecute that. The doj doesnt want to go there. Dont you think its a problem . Its constantly happening. Google today going after children on youtube. Its constantly happening. I dont think its necessarily a political thing. Maybe the senator has intention, but across the board, companies are doing that. David lets hear from that young man in chicago. I think to that point, guys, these fines, what do we have, a record fine for facebook, 5 billion. Once upon a day. The stock rallies, i mean, the fines are falling on deaf ears. Im wondering if this is almost best handled in the boardroom by shareholders who eventually would vote out zuck or sheryl to put them on a first or lastname basis in the sense the shareholders will eventually take over these companies and realize these executives are bad for the Company Versus the government doing it. That would depend on how much voting stock, i dont want to get too into the weeds here, sheryl and zuck have. Zuck controls the voting stock. That is certainly a free market solution, scott. The idea of criminalizing speech, speech which is typical of Corporate Executives for whatever purpose, not under oath, is a very very dangerous slippery slope. David one other question. Sarbanesoxley is one thing we can do for the tech industry, that criminalizes activity if people, board members, misrepresent the Financial Data they come out with. However, we had this terrible financial crisis and we had all of these liar loans being packed in talking about 08. David correct. They were being packaged by banks. Nobody went to jail for that. So you have a law that is never enforced. Right. That is called prosecutorial discretion. The Bush Administration had four months to go. President obama was elected to office two months after the 08 crash. He had eight years in office. A liberal democrat didnt prosecute any of these people for causing 08. Why . The government had a lot to do with it. Fannie and freddie. Judge, how about the lies we heard on health care . The lies we were told on health care for years and years and years, nobody ever paid for those. David very good point. When Roger Clemens was prosecuted for lying about the content of his urine sammy sosa . His lawyer said to members of congress but you guys are allowed to lie when you ask my client questions. David never thought we would use that as an end point for a segment but it happened this time. Judge napolitano, great to have you on. Thank you. Hurricane dorian now moving slowly, edging up the east coast. Georgias governor expanding his state of emergency. 16 counties in georgia, congressman buddy carters district, are under a state of emergency. We are going to be speaking with the congressman next. Plus, the death toll in the bahamas continuing to climb. Desperate search and rescue efforts are under way amid the devastation. We will get an update live on the ground in nassau, next. We need people to evacuate. This is not a storm to mess with, as we have seen how deadly it was when it went across the bahamas. Der. Thats why, your cash automatically goes into a Money Market Fund when you open a new account. Just another reminder of the value youll find at fidelity. Open an account today. If you build a truck tough enough to pull this much forward. You better make sure its smart enough to back it all up. Managingaudreys on it. S . Eating right and staying active . 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Ask your doctor about jardiance. With sofi, get your credit cards right by consolidating your Credit Card Debt into one monthly payment. And get your Interest Rate right. So you can save big. Get a nofee personal loan up to 100k. David well, its early yet, but at least seven people are dead now after Hurricane Dorian devastated the bahamas. The Prime Minister calling it the greatest National Crisis in his countrys history and that no effort or resource will be held back to those in need. Fox news steve herrigan is on the ground in nassau. What are the stories youre hearing . Reporter remarkable stories from just about everyone who gets off a helicopter here. They are usually put into ambulances and taken to hospitals here that are working in nassau. Over and over again, you hear the same moment, the details are different, but for most of these people getting off the helicopters, there was a lifeordeath moment during the storm, during the two and a half days of 185 mile per hour winds, 35 inches of rain, there was a moment when these people thought they were going to die over and over again. Over here to my left, we are seeing a lot of people continue to wait for their loved ones. They hope that they get off one of these helicopters. A lot more people inside. We have seen a number of joyful reunions, one small boy bursting into tears when he spoke to his father by phone, and heres another woman speaking about her family reunion. How does it feel . We cant even talk. We are so thankful. Were still looking for the rest of our family. Reporter the rescues continue now almost around the clock. The coast guard helicopters are in force so its really been a move from amateurs, just people trying to save their family with whatever they have, now the u. S. Is helping out as well as the u. N. And the red cross. Still some very tough terrain to get to on those northern bahama islands. Back to you. David just awful when you see those pictures from the air. Thank you very much, steve. Meanwhile, Georgia Governor Brian Kemp expanding his state of emergency to 21 counties as heavy rain and strong wind gusts are starting to hit the georgia coast right now. Concerns remain that we will see damaging and lifethreatening surf with the coastal surge of three to five feet. If you have not gotten out, if you have time, you should do so now. David joining us by phone is congressman buddy carter. Congressman, thank you for joining us. You represent six counties that are all under mandatory evacuation but you know, savannah is one of those counties. I must tell you, if i had a home in savannah i would be hardpressed to leave it right now. Yes. And thats what were facing. Im glad you brought that point up, because a lot of people have become complacent. This is not our first rodeo down here. We have been through this three times in the last three years. And people have just grown tired of it and fatigued at this. Its unfortunate because even in a category 2 hurricane, this could be very serious and a very dangerous storm. Congressman, its Kristina Partsinevelos here. Thank you very much for joining us. I wanted to ask you specifically about price gouging. It seems to be a major issue in florida with over 2,000 cases already being reported, 9 case of water which is normally priced at 4. What is georgia doing . I know there is a price gouging law in georgia to mitigate this Going Forward, and do you have any recommendations for those viewers that are watching to write down some notes or anything that they can be prepared for . Well, the governor has already declared all the coastal counties and even some inland counties as disaster, to be an Emergency Declaration which means price gouging is illegal. If anyone experiences that, they need to write it down and report it. We are not going to tolerate that. Thats why this law was passed. Thats why we have it in effect. Congressman, this is scott martin. Thanks for joining us. Obviously our thoughts and prayers are with you guys. With respect to this storm versus more storms that are obviously possibly going to come given that we havent even hit peak Hurricane Season yet, how does Something Like dorian affect other peoples responses say in other storms that may down the pike, if say they didnt evacuate and heed warnings this time around . Well, it has a big impact on it. As i said earlier, this is not our first rodeo. We have been through this and were used to it. We understand hurricanes happen in this part of the country. But you do sometimes become complacent, particularly when you have a slowmoving storm like this has been. It seems like we have been doing this a week and its only been a few days, but it has drug on and drug on. I know people have become fatigued and im just very concerned and i would just appeal to them, please be safe. Please heed the warnings of the emergency officials and listen to what theyre telling you. David congressman, i just got to ask a final question. We have to go. But there are a lot of marine bases in the area. Im thinking of Parris Island and others. Are the marines active in helping evacuate and other things . They are. We are very blessed, particularly in the first Congressional District i have the honor and privilege of representing. We have four military bases. In Parris Island up the road in South Carolina as well. They just do an outstanding job and offer tremendous help as does the Georgia National guard. We are very very fortunate to have them. David our thoughts and prayers are with you, congressman. Best of luck to you going through these next 24 hours. They are going to be rough. We appreciate you coming in. Thank you very much. David thank you. New accusations against a Major University in the College Admissions scandal. Documents now surfacing apparently showing how some less qualified students became vips, guess what, thanks to their parents money. More on that coming next. If your gums bleed when you brush, you may have gingivitis. And the clock could be ticking towards bad breath, receding gums, and possibly. Tooth loss. Help turn back the clock on gingivitis with parodontax. Leave bleeding gums behind. Parodontax. The world is customized to you. Built for you. So why isnt it all about you, when it comes to your money . So. Whats on your mind . We are edward jones, a 97yearold firm built for right now. With one Financial Advisor per office, were all about knowing whats important to you the one who matters. 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