Still, Moseley take aim at surveillance, local power

Attorney Harry Still III and reporter Brandon Moseley took aim at local government, mass surveillance and public debt in the latest episode of the Heart of Dixie Podcast, arguing that Alabama citizens should pay closer attention to what government does when few people are watching.

The episode, "Predictable Behavior," ranged from political fights in Baldwin County to Flock license plate readers, financial surveillance, economic development bonds and oversight of state agencies.

The common thread was power — who has it, how it is used and how hard it can be to challenge.

Still and Moseley began with local government and what they called the predictable response of public officials when their authority or political interests are threatened.

Still has firsthand experience with that fight.

He was arrested after an altercation with Bay Minette City Councilman Matt Franklin and initially convicted of assault in municipal court. Still appealed. A Baldwin County jury later found him not guilty, reportedly returning its verdict after only minutes of deliberation, according to the Alabama Gazette.

Still has also sued Orange Beach and several officials, alleging they defamed him and tried to damage his reputation. Those allegations have not been proven in court. Alabama Political Reporter reported on the lawsuit in July.

The discussion quickly moved from old-fashioned political fights to a much newer form of government power: mass surveillance.

Still and Moseley criticized Flock Safety's automated license plate readers, arguing that a system sold as a crime-fighting tool can also be used to track people who have never been accused of a crime.

Recent reporting has added fuel to that debate. A WIRED investigation based on data obtained after hackers accessed a Flock camera provided a rare look inside the system. The recovered material showed that cameras can collect more than a simple plate number, including images of vehicles and people.

Flock rejects the claim that its system amounts to mass surveillance. The company says its cameras capture "point-in-time" images on public roads and that customers control how their data is shared.

Still and Moseley were not convinced.

They also discussed the federal government's little-known Predictive Intelligence Targeting Teams, or PITT.

404 Media reported that U.S. Border Patrol has used PITT units to examine financial and law enforcement data. In one documented case, intelligence from a PITT was passed to Montana police before a motorist was stopped.

The hosts argued that this is where modern surveillance becomes especially troubling. A license plate reader, financial record or database search may seem limited on its own. Connect those systems, they said, and government can build a detailed picture of someone's movements and activities.

From surveillance, the conversation shifted to money.

Still and Moseley reached back to the Panic of 1873 and the railroad speculation that helped precede it. They drew parallels between government support for railroad development then and the economic development deals pursued by local governments today.

Their concern centered on public money and debt being used to support private hotels, shopping centers and similar projects.

Alabama law gives cities and counties substantial economic development powers. Under certain conditions, local governments can acquire property, lend credit, spend public funds and issue debt to promote private development.

Still and Moseley questioned who really benefits from such deals. Projects can be sold to taxpayers on promises of jobs, growth and new tax revenue while politically connected developers and financiers receive the most immediate benefits, they argued.

The discussion then moved to Montgomery and the Alabama Legislature's Sunset Committee, which reviews State boards and agencies and recommends whether they should continue operating.

Still singled out the Alabama Board of Medical Examiners and raised concerns about self-funded regulatory agencies that collect fees outside the normal General Fund process.

He described the board as a "checkbook agency," arguing that bodies with significant regulatory power deserve much closer financial and legislative scrutiny.

The Alabama Board of Medical Examiners publicly posts meeting dates, agendas, minutes and financial reports. The hosts' criticism was broader: whether existing oversight is adequate for agencies that hold enormous power over the people and professions they regulate.

The episode ended where it began — Baldwin County.

Still described what he called "vertically integrated corruption," alleging that political, legal and business interests can work together to protect favored people while making life difficult for critics.

Those are serious allegations and should be treated as such. The podcast did not establish them as proven facts, and several disputes discussed by Still remain the subject of litigation, ethics complaints and sharply different accounts.

Still and Moseley's broader argument, however, went beyond any one official or county.

A city council, surveillance camera, federal intelligence unit, development bond or regulatory board may appear to be a separate issue.

The hosts argue they raise the same basic question: Who watches the people with the power to watch everyone else?

The full episode, “Predictable Behavior,” may be seen on YouTube or below:

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