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FCC Inquires Into Its Own Authority To Regulate Communication Service Shutdowns
New submitter DnaK writes "The Federal Communications Commission is reviewing whether or when the police and other government officials can intentionally interrupt cellphone and Internet service to protect public safety. A scary proposition which will easily become a First Amendment issue. Does the FCC have the authority to [regulate local or state authorities' decision to] take down cellular networks if they determine there is an imminent threat? The FCC is currently asking for public input (PDF) on this decision." According to the article, "among the issues on which the F.C.C. is seeking comment is whether it even has authority over the issue. The public notice asks for comment on whether the F.C.C. itself has legal authority over shutdowns of wireless service and whether it can pre-empt local, state or federal laws that prohibit or constrain the ability of anyone to interrupt service." Maybe they just don't like being upstaged by BART.
Seems to work ok in Caracas, Havana, Damascus, Cairo, Republic of Geogia,. Moscow, and Tiananmen Square. I think the government of every repressive dictatorship should be able to disrupt free speech, and public assembly. What's wrong with that?
"I say we take off, nuke the site from orbit. It's the only way to be sure."
Actually, I just dislike "imminent threat." It sounds like a Hollywood screenplay. Evil Bomber trying to kill The President has placed an explosive device along his route which can be triggered by a phone call and it's up to two cops to track down the bad guy before he sets it off.
I mean, okay, in that scenario, you just say, "Why not just shut down the cell-towers? The phone attached to the bomb can't receive a signal." The President is safe and the two cops can leisurely go about trying to find the bad guy.
The problem comes up, though, that if it's such a good idea, why not just shut down the cell service along The President's route as Standard Operating Procedure. After all, we can't count on the Evil Bomber notifying the police. There could be one out there, so this will prevent it from detonating. Oh, and we should shut it off around whatever place The President is staying, too. For as long as he's staying. After all, it's for his safety. Suddenly, there is no threat--imminent or otherwise. But because you have the capability, why not use it?
What about other situations where there might be a danger? Protesters are known to have bombs. There's a protest planned for tomorrow at City Hall. Maybe it'd be a good idea to shut down cell-phone service--y'know, just in case. After all, we're talking about safety here--you can't be too safe. And, as a by-product, it'll keep them hippy kids from tweetin' and uploading images and videos when the cops go in with their clubs. But that's not what it's about, of course. It's about safety.