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BART Defends Mobile Service Shutdown

itwbennett writes "In a filing to the FCC, Bay Area Rapid Transit general manager Grace Crunican defended last August's mobile shutdown, saying that 'a temporary disruption of cell phone service, under extreme circumstances where harm and destruction are imminent, is a necessary tool to protect passengers.' Taking the opposing position, digital rights groups, including Public Knowledge, Free Press, the Electronic Frontier Foundation and the Center for Democracy and Technology, told the FCC (PDF) that 'wireless interruption will necessarily prohibit the communications of completely innocent parties — precisely those parties closest to the site where the emergency is located or anticipated.'"

149 comments

  1. Next they'll turn off the power by SirBitBucket · · Score: 5, Funny

    In the interest of the greater good...

    1. Re:Next they'll turn off the power by garcia · · Score: 2

      You know, I'm no fun of poor public decision-making but honestly turning off the data in underground public transportation seriously does not seem like that big of a deal to me.

      Honestly, transit (air and subway) is one of the few places you could get some peace and quiet. While it's nice to have, it's not a necessity and whining about it being turned off to avert what they believed was going to be a bad event really probably wasn't all that terrible of an idea.

      That said, your note that you believe the slippery slope is coming to reach to turning off the power is a bit much. Yeah you could have been exaggerating for fun but honestly, that's just silly.

      Disruption of service sucks. If the public sector really thought this would mitigate that disruption, let them do it. Turning off the power, well, that would disrupt the service even more.

      Move along, nothing to see here.

    2. Re:Next they'll turn off the power by interval1066 · · Score: 3, Insightful

      You know, I'm no fun of poor public decision-making but honestly turning off the data in underground public transportation seriously does not seem like that big of a deal to me.

      Its increadibly inconviniant, and the airlines are starting to show how unnessessary it is. My own feeling is that they did that in an attempt to conceal the fact that BART was broken again. Had nothing to do with safety.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    3. Re:Next they'll turn off the power by icebike · · Score: 3, Insightful

      Why is this moderated funny?

      Apparently someone already turned off the power to your sarcasm meter.

      --
      Sig Battery depleted. Reverting to safe mode.
    4. Re:Next they'll turn off the power by Mitreya · · Score: 0

      turning off the data in underground public transportation seriously does not seem like that big of a deal to me.

      What about a total jamming of all wireless communication in the area? (which may or may not include medical devices). Where do you draw the line?

    5. Re:Next they'll turn off the power by AK+Marc · · Score: 0

      So you see no problems with the government doing so to deliberately silence political speech? There have been revolutions for less.

    6. Re:Next they'll turn off the power by ColdWetDog · · Score: 2, Informative

      OMG! Think of the Medical Devices!

      Give me a break. There are NO, repeat NO medical devices that require constant wireless communication with anything. Otherwise, people would simply keel over in the various Faraday cages that we surround ourselves with throughout the day.

      --
      Faster! Faster! Faster would be better!
    7. Re:Next they'll turn off the power by Mitreya · · Score: 0

      OMG! Think of the Medical Devices!

      Ok, that's a little far-fetched.
      How about temporarily booting all parked cars in the vicinity? For everyone's safety, of course.

    8. Re:Next they'll turn off the power by Anonymous Coward · · Score: 2, Insightful

      Temporarily turning off resources to contain mob behavior is not silencing political speech.

    9. Re:Next they'll turn off the power by Anonymous Coward · · Score: 0

      Is the expression of "political speech" materially inhibited by a temporary disruption of cellular service in a subway station?
      Or is it merely "communication to organize immediate property damage and other disruption, to make a political point?
      Who decides? If it's a first amendment case, has the Supreme Court issued rulings on freedom of speech matters which would apply here?

    10. Re:Next they'll turn off the power by Anonymous Coward · · Score: 4, Interesting

      This is what I think anyone can object to. If anyone actually believed this was about, "extreme circumstances where harm and destruction are imminent", then it'd be understandable.

      But that's like... terrorist with a remote trigger wired to a mobile phone. Not, "Aw god dammit, a bunch of stupid college kids are gunna protest something again." Then you're just getting nasty about suppressing something you don't like, and you're inconveniencing a gajillion other people in the process.

    11. Re:Next they'll turn off the power by hawguy · · Score: 2

      OMG! Think of the Medical Devices!

      Give me a break. There are NO, repeat NO medical devices that require constant wireless communication with anything. Otherwise, people would simply keel over in the various Faraday cages that we surround ourselves with throughout the day.

      How many faraday cages do you surround yourself with during the day? I can leave my apartment, take the elevator down to the parking garage, hop in my car, drive to work, take the elevator up to the 3rd floor and walk to my office, all without dropping my phone call. (ok, so I've never don't it all in one contiguous call, but I've used my phone on each of those segments individually)

    12. Re:Next they'll turn off the power by Belial6 · · Score: 0
      Wait, What?!?!?!

      transit (air and subway) is one of the few places you could get some peace and quiet.

      What kind of screwed up neighborhood do you live in that you go to public places jammed with people to find a quite place? It's like your not even speaking English.

    13. Re:Next they'll turn off the power by Anonymous Coward · · Score: 0

      Fixed it for ya!

    14. Re:Next they'll turn off the power by Idbar · · Score: 3, Insightful

      I certainly hope she doesn't have family and face the need of calling them to inform them about a situation they may run into.
      I wonder if shutting all communications down in Manhattan in September 11 would had significantly helped as this person is claiming.

    15. Re:Next they'll turn off the power by Anonymous Coward · · Score: 0

      because it is funny

    16. Re:Next they'll turn off the power by Anonymous Coward · · Score: 2, Interesting

      If you assume that "imminent harm" (decided upon without a judge, I am pretty sure) is a good enough reason to kill cell phones.

      We're not talking about killing cell phones, we're talking about turning off a signal relay.

      Driving a car is a privilege too.

      And what you're claiming is that if the government can shut down a road (without judicial review) for safety reasons, then that means they can just take your car away from you entirely. Which is just about as fucking retarded as you can get.

      But here's what most of you are missing entirely. The 911 center has a limited capability to handle calls. They have a limited number of incoming trunks and a limited number of operators to handle those calls. When 1,000 people in the subway all call 911 because some rent-a-cop got frisky with his pepper spray, the 911 center is effectively DDOS'd and can't respond to anything else in town. Which is why each cell tower has a limit on how many calls can connect to 911 at one time... usually the limit is around 5 calls (or less). And of course the tower has a limit on how many calls of any type can be taken at one time.
      So what I'm getting at here, is that in an emergency there's only going to be about a half dozen people who get through to 911, a couple dozen more who get busy signals, and everybody else is just plain fucked because the tower just overloaded. And for the next hour or more, the 911 center will have to take calls from people who are redialing over and over and over.

    17. Re:Next they'll turn off the power by fido_dogstoyevsky · · Score: 5, Insightful

      Temporarily turning off resources to contain mob behavior is not silencing political speech.

      Unless the mob behaviour is protesting against the latest thing the government did but shouldn't have / didn't do but should have.

      Or is it really to prevent Western Spring?

      (Sorry, forgot to put my foil helmet on this morning)

      --
      It's NOT a conspiracy... it's a plot.
    18. Re:Next they'll turn off the power by Anonymous Coward · · Score: 3, Insightful

      If the limit is already in place, the need to shutdown the towers all together is?

    19. Re:Next they'll turn off the power by Anonymous Coward · · Score: 0

      Flat out wrong...
      If you honestly believe this then you need to spend a day following an ED doctor. They use apps on their mobile phone to check medication dosage, look up symptoms of difficult cases, do conversions form one unit system to another, keep in contact with other doctors that need information about a patent.
      Sure, I'm sure if you think that somehow every doctor/nurse or other medical professional can actually memorize the entirety of the medical research we've collected, then we don't have a need for this information. I personally wouldn't want my life on the line while my doctor waited for a call back from another doctor because of a tower taken down for a protest. Or for that mater someone guessing as to the dosage I should receive of a medication. After all no one has ever died of accidental overdose before. Heck even with all this technology, I once had a doctor prescribe me a dosage 10x larger than someone just starting that medication should have taken.

      Also just because it's not out now doesn't mean that it won't be out in the future. I'm sure that there are medical monitoring devices that are already in the works to report your current condition to your doctor. Such devices could allow you to live a more normal life while having a delicate condition. Or have your doctor adjust an automatic dosage system without you ever having to go to their office. There are merits to such systems, while i agree they won't require a constant connection at first, as our ability to cover more and more distance with wireless communications reliably continues to improve there may be a time that such devices start to appear.

    20. Re:Next they'll turn off the power by Jah-Wren+Ryel · · Score: 4, Interesting

      That said, your note that you believe the slippery slope is coming to reach to turning off the power is a bit much. Yeah you could have been exaggerating for fun but honestly, that's just silly.

      So, which is more useful - blocking communications between members of a dangerous mob or blocking communications of potential victims of that dangerous mob to do things like call 911?

      Of course that question assumes that you buy the claims that the mob is dangerous to anything more than the jobs of the people turning off the communications.

      --
      When information is power, privacy is freedom.
    21. Re:Next they'll turn off the power by Viol8 · · Score: 1, Flamebait

      "Its increadibly inconviniant,"

      Oh get over it. If you can't go a few hours without phone or net access you need to see a shrink.

    22. Re:Next they'll turn off the power by Gription · · Score: 4, Informative

      . . .

      Honestly, transit (air and subway) is one of the few places you could get some peace and quiet.

      . . .

      You've never been on BART have you?
      BART is the loudest subway I've ever seen and goes over 100 decibels repeatedly.
      After riding on quality systems in other places such as Munich I find that BART is just a technical embarrassment.

      As far as turning off the cell data coverage... BART consistently has the worst station announcements and the worst station signage. Without the data coverage the only way I can figure out which station I'm at half the time is to get the station map up on the cell and count stops from an identifiable station. I'm really at a loss how a system that big isn't internally audited for simple things like clarity and volume of station announcements. And the lack of clear, obvious, unmistakable station signage is just stupid negligence or apathy on the management's part. 5 minutes on the S-Bahn in Munich will show you how worse then just "Bad" BART is.

    23. Re:Next they'll turn off the power by Smallpond · · Score: 2

      You know, I'm no fun of poor public decision-making but honestly turning off the data in underground public transportation seriously does not seem like that big of a deal to me.

      If they had temporarily banned TV news crews from covering the protests "in the interest of public safety" would that be not such a big deal? After all, they are very intrusive, block emergency access, etc.

    24. Re:Next they'll turn off the power by Jeff+DeMaagd · · Score: 1

      I think this is separate from the core argument, I don't think anyone would make such a device. However, but a building with metal siding and few windows might be sufficient. Except for the fact that I installed a repeater, some parts of my shop would completely drop detectable signal, other parts too weak to let useful signal through. Some stores are like that too, I can get in the middle of the building and get no signal. This counts a Target, Walmart and a local grocery store. Anyone working in a warehouse might be in trouble.

      I don't think any medical device will require a constant signal to keep the patient alive, there's too much risk in that, I don't know exactly what circumstances would require that. I can see maybe a medical device for a seriously ill person that relays location and vital data to dispatch an ambulance, one might be in trouble if you lose signal and you have a life threatening episode.

    25. Re:Next they'll turn off the power by Thing+1 · · Score: 1

      You know, I'm no fun of poor public decision-making but honestly turning off the data in underground public transportation seriously does not seem like that big of a deal to me.

      I'm sorry, I just don't see what possible "event" could warrant making the populace unable to communicate with each other, unless said "event" was created by the people who are turning off communications.

      --
      I feel fantastic, and I'm still alive.
    26. Re:Next they'll turn off the power by LifesABeach · · Score: 1

      I just got this mental image of Princess Grace franctically finger stabbing her phone as the BART train heads towards a section of track that used to be there, but no longer is. Oh ya, that was at the last major earthquake in the city.

      Happy trails princess.

    27. Re:Next they'll turn off the power by Anonymous Coward · · Score: 5, Insightful

      You are only listening to the BART side of the story.

      First, it's not just data that was shut down, but voice as well.

      Second. Imagine if a fire broke out, or you had a heart attack, or somebody was being attacked; How would you report it without your phone working?

      Third. The only reason BART shut it down was because they wanted to prevent any kind of protests against them (BART police shot a suspect at point blank range, while the suspect was pinned on the ground by multiple police officers).

      Fourth. interfearing with communications are the acts of totalitarian governments around the world, and it is not compatible with Freedom.

    28. Re:Next they'll turn off the power by mcgrew · · Score: 1

      Move along, nothing to see here.

      Well, if they shut off the power it'll be too dark to see anyway.

    29. Re:Next they'll turn off the power by interval1066 · · Score: 1

      Like I'm the only person complainging. Mfw shrink. For your rage.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    30. Re:Next they'll turn off the power by CanHasDIY · · Score: 1

      Fourth. interfearing with communications are the acts of totalitarian governments around the world, and it is not compatible with Freedom.

      Best.
      Misspelling.
      Evar.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    31. Re:Next they'll turn off the power by Impy+the+Impiuos+Imp · · Score: 1

      And this has what to do with why they actually shut it down?

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    32. Re:Next they'll turn off the power by mcgrew · · Score: 1

      Why is this moderated funny?

      Sheldon? Is that you?

    33. Re:Next they'll turn off the power by StillNeedMoreCoffee · · Score: 1

      Lets look at the other problem, lets say there are mulitple problems, a crash say, and somewhere else close by a mugging in progress. If communications are cut off, no 911 access, no alerting of police. You don't think that knowledge would foster mob action akin to the lootings that happened in cities during the second blackout. The first gave people the idea that and they were prepared to act the during the second.

      Here you would have people trapped, and cut off from help. You think that is wise. Bart is just trying (like the military under Bush) to control the story, not let any information out. I think that is an extremely dangerous and wrong headed decision.

    34. Re:Next they'll turn off the power by promythyus · · Score: 1

      That doesn't mean that shutting down the tower is a good solution. The only acceptable solution is A) expand the capacity of the call centres. This is a fairly simple one, and doesn't require stopping me calling my loved ones before my train falls into a pit of lava or whatever and B) education, while seemingly a ludicrous proposition in the USA, it's a bit worrying if your nation's average citizen is so dumb they cannot coordinate a group effort to call 911 instead of all jumping on their phones and calling 911 themselves. This might require a cultural shift.

    35. Re:Next they'll turn off the power by Anonymous Coward · · Score: 0

      Remember that this is the same country that pepper sprayed those stupid college kids whilst the officer in question was under no imminent threat. Track record shows that thus far, if a police officer in the US has the power to do something that will make his life easier, he will do it regardless of extreme circumstances and imminent harm.

    36. Re:Next they'll turn off the power by Duggeek · · Score: 1

      Um... you do understand the circumstances that would necessitate an "isolation" event, right? By the time BART declares a problem and shuts down your phone, they've already become aware of an emergency. Calling 911 is moot; the fire (or bomb scare or disaster, etc) is probably the cause of your cell going dark. In fact, that might be comforting... someone already knows what's happening.

      BART may be doing a favor to Bay Area Municipal Services by mitigating dozens (hundreds?) of redundant calls.

      The point about the heart attack is still valid, but then again you wouldn't exactly be safer having an infarction in the middle of a "situation" with or without a working cellphone. The phone isn't going to save your life, but people could. To that end, could the EMT's get to you amid the chaos? Could they even find you? (GPS is also moot; underground, remember?) Are you going to dial while you're seizing? Maybe someone around you could help? Maybe someone is a doctor? (maybe not?) It's really not that different than any other time having a heart attack; you either get lucky or you don't. The lesson here is; look after your own health, dammit.

      Here's a scenario; the terrorists have called in a bomb threat. It's determined to be a remote triggering mechanism and likely tied to a cellphone. Would you want your personal freedom to call/text/email someone at the expense of sustaining the very technology that makes the bomb go off? Cutting the signal could very well grant the space to de-fuse the threat. Is that what your precious mobile service is worth; innocent lives?

      Next, you would probably argue that cutoff should only be "last resort"; only after confirming that a threat is tied to cellphone services. Here's a likely dramatization of such an event:

      Field Agent: "Dispatch, Bravo Delta" Dispatch: "Go Bravo Delta" Field Agent: "Indigo Echo Delta, package visible" Dispatch: "Indigo Echo Delta confirmed, report status" Field Agent: "Package is hot, trigger remo--" [burst of static]

      Ka-boom.

      The insurgent in this scenario had a public-band scanner and heard the conversation as it happened. He(She) blew it up before anyone learned how to disarm it.

      That conversation would have continued if the bomb (or bomber) was cut-off from the signal. Think about it.

      If you need to make a call so badly, take the stairs.

      --
      This post © Copyrite Duggeek, all rights reversed.
  2. Fixing up the story by RenHoek · · Score: 3, Insightful

    sed 's/a temporary disruption of cell phone service, under extreme circumstances where harm and destruction are imminent/anything that could be bad PR/'

  3. Illegal... by trekrem · · Score: 0, Insightful

    That action by BART was illegal, plain and simple. I can't wait to hear the amount of the fine they receive!

    1. Re:Illegal... by trekrem · · Score: 0

      "that it must have the tools at its disposal"

      The problem there is this was not a tool at its (BART) disposal.

    2. Re:Illegal... by icebike · · Score: 2, Informative

      That action by BART was illegal, plain and simple. I can't wait to hear the amount of the fine they receive!

      Apparently its illegal to jam cell phone transmitters, but not technically illegal to unplug them.
      Its entirely possible the FCC will find itself powerless in this fight, because there is no mandatory "must operate" regulations in place.

      It may come down to who actually owns the cell/wifi transmitters in the underground stations where commercial services can't reach without the transit authority's assistance. It may end up being similar to cutting off the water to a coffee vendor in the stations - purely a contract dispute.

      If you are going to rush in and pronounce something "illegal, plain and simple" please provide your credentials, and what year you were appointed to the bench.

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      Sig Battery depleted. Reverting to safe mode.
    3. Re:Illegal... by Beryllium+Sphere(tm) · · Score: 1

      "...where the tortfeasor disrupts the ability of one party to perform his obligations under the contract, thereby preventing the plaintiff from receiving the performance promised"

      http://en.wikipedia.org/wiki/Tortious_interference

      It would be interesting to see an analysis of whether civil rights laws were violated.

    4. Re:Illegal... by Xtifr · · Score: 2

      Heck, BART didn't even have cell phone service in many parts of their system up until a couple of years ago. Especially in the East Bay.

    5. Re:Illegal... by icebike · · Score: 4, Insightful

      Exactly.

      A contract dispute, a civil matter, and quite possibly not something under the FCC jurisdiction.

      Maybe the Cell carriers sue BART for disruption of services by cutting power to their micro-cells or something.

      But Bart would likely have been one party to the contract to provide power to the carrier's micro-cells, whereas Tortuous Interference pretty much requires action by a third party, not a party to the contracts.

      Was there an "out" in Bart's contract with these carriers?

      Were there even Carrier Contracts involved, or was BART using off the shelf Cellular repeaters that anyone can buy, which they would be fully within their right to turn off?

      There are a lot of questions to be answered before some guy on slash dot can pronounce something illegal, plain and simple.

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      Sig Battery depleted. Reverting to safe mode.
    6. Re:Illegal... by Forever+Wondering · · Score: 2, Interesting

      Apparently its illegal to jam cell phone transmitters

      A felony if I'm not mistaken.

      but not technically illegal to unplug them. Its entirely possible the FCC will find itself powerless in this fight, because there is no mandatory "must operate" regulations in place.

      Uh, no. Cell phone operators [and telcos] are common carriers, subject to Title II regulations, under the Communications Act of 1934. Common carriers [by definition] are prohibited from discriminating service, based on the content of messages (e.g. voice, data). The FCC has complete authority to regulate this matter [from this Act].

      If you are going to rush in and pronounce something "illegal, plain and simple" please provide your credentials, and what year you were appointed to the bench.

      Et tu, Brute?

      --
      Like a good neighbor, fsck is there ...
    7. Re:Illegal... by icebike · · Score: 1

      It has yet to be established that the cell service in the subway was common carrier.
      It may have been simple off the shelf cell repeaters operated by Bart itself.

      After all, you don't find Verizon suing Bart do you?

      And further, there was no discrimination. Simply a system wide outage.

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      Sig Battery depleted. Reverting to safe mode.
    8. Re:Illegal... by aonic · · Score: 1

      I'm surprised at the lack of outrage. BART is a governmental agency, with devolved powers from the State of California, its own police force, and a charter. If a city or county cut off wireless communication to prevent a protest, it would fly in the face of our incorporated first amendment rights to speech and assembly. From a legal standpoint, BART is held to the same standard.

    9. Re:Illegal... by icebike · · Score: 1

      As a government agency, shouldn't their first priority be to maintain order and prevent riots?
      I find it very odd this story is posted today of all days. THIS is exactly what Bart was trying to avoid.

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      Sig Battery depleted. Reverting to safe mode.
    10. Re:Illegal... by Anonymous Coward · · Score: 0

      Are you sure that you're not on the BART board of directors or in their employ?

    11. Re:Illegal... by Anonymous Coward · · Score: 1

      There was no jamming of any transmissions, stop trying to change the facts of the situation.

      Uh, no. Cell phone operators [and telcos] are common carriers, subject to Title II regulations, under the Communications Act of 1934. Common carriers [by definition] are prohibited from discriminating service, based on the content of messages (e.g. voice, data).

      The BART isn't a cell phone operator, telco, or in any other fashion a "common carrier". And even if they were, shutting down a transmitter is not illegal and does not discriminate based on service type as it affects ALL functions. Even then, a signal relay between you and the tower probably doesn't really qualify as a service disruption as the tower is essentially the "demarck" point, not the signal booster.

      Seriously, either go get an education or stop acting like you know what you're talking about, because you don't.

    12. Re:Illegal... by trekrem · · Score: 0

      Okay Mr. Ice Bike Esq., go disconnect the power from a cellular site... Let me know what happens.

    13. Re:Illegal... by Hognoxious · · Score: 1

      I'm not sure where the constitution, bill of rights or anything else mentions tweeting. Care to enlighten us?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    14. Re:Illegal... by Opportunist · · Score: 2

      By that logic it's quite acceptable to cut gas, water, power and a lot of other things to any place you might wish (provided you're the government), for no other reason than "I wanna", because humanity survived for ages without any of those. Don't like that blogger? Snip his wire!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    15. Re:Illegal... by icebike · · Score: 2

      Nobody shut down a cellular site.
      Bart shut down THEIR OWN repeaters in the subway. The street level commercial services were not affected.
      Now don't you feel stupid for not reading TFA.?

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      Sig Battery depleted. Reverting to safe mode.
    16. Re:Illegal... by Jah-Wren+Ryel · · Score: 1

      Were there even Carrier Contracts involved, or was BART using off the shelf Cellular repeaters that anyone can buy, which they would be fully within their right to turn off?

      There are a lot of questions to be answered before some guy on slash dot can pronounce something illegal, plain and simple.

      Sure. But what we can do is pronounce it immoral and a societally destructive abuse of power. And spare me the claims of BART being a private enterprise - they operate at the will of the public even if they have wrapped themselves in fine print and legalese to try to shirk their responsibilities.

      --
      When information is power, privacy is freedom.
    17. Re:Illegal... by iamhassi · · Score: 1

      "prevent riots" or prevent assembly, which is a constitutional right?

      --
      my karma will be here long after I'm gone
    18. Re:Illegal... by Anonymous Coward · · Score: 0

      Here's what I don't understand... how does blocking communication signals protect people? Is communication not a mandatory tool during an emergency? Wait for the lawsuits when somebody dies in those stations while the cell sites were knowingly turned off...

    19. Re:Illegal... by Thing+1 · · Score: 1

      I'm not sure where the constitution, bill of rights or anything else mentions tweeting. Care to enlighten us?

      I believe the first amendment covers that.

      --
      I feel fantastic, and I'm still alive.
    20. Re:Illegal... by chronoglass · · Score: 1

      no that was pre 9/11
      the first amendment now only covers advertising.

    21. Re:Illegal... by Anonymous Coward · · Score: 0

      Bart owns the transmitters underground they installed them as a convenience to the riders. I think that if they want to turn them off it is their choice.

    22. Re:Illegal... by Anonymous Coward · · Score: 0

      Not sure how people can make such statements and actually think they sound intelligent... the constitution RESTRICTS THE GOVERNMENT, it doesn't GRAND US rights, you idiot.

    23. Re:Illegal... by icebike · · Score: 1

      Sure. But what we can do is pronounce it immoral and a societally destructive abuse of power.

      You can pronounce it anything you want. It doesn't make it anything more than your personal opinion. Society is not obligated to enable you to foist your opinions on others as if they were facts.

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    24. Re:Illegal... by icebike · · Score: 1

      You seem to have edited the constitution. I believe the phrase is "peaceable assembly".

      Look at the LATimes link above for an instructive example of what happens when people edit out key words in the constitution.

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      Sig Battery depleted. Reverting to safe mode.
    25. Re:Illegal... by Jah-Wren+Ryel · · Score: 1

      You can pronounce it anything you want. It doesn't make it anything more than your personal opinion. Society is not obligated to enable you to foist your opinions on others as if they were facts.

      Lol. There are no facts. Everything is opinion. Just some opinions are better supported than others.

      --
      When information is power, privacy is freedom.
    26. Re:Illegal... by Xtifr · · Score: 1

      What logic? I stated a fact. But as long as we're talking about logic, I invite you to read about sweeping generalization, hasty generalization, weak analogy, appeal to consequences, and slippery slope before you lecture anyone about the topic.

      I think plaintiffs have a strong case, and I hope they win, but the debate isn't enhanced by hysterical claims about how this is "illegal, plain and simple" by people whose grasp of the law is little better than a herring's, or by flawed analogies, or by comparisons to various mid-twentieth-century dictators. Let's maintain some perspective and a basic grasp of common sense, folks!

    27. Re:Illegal... by Forever+Wondering · · Score: 1

      It has yet to be established that the cell service in the subway was common carrier.

      If you provide these services to the general public [which BART did], it is common carrier. Not even BART is disputing this. Their argument is more along the line of the circumstances justified an exception to the rules.

      It may have been simple off the shelf cell repeaters operated by Bart itself.

      It is illegal for individuals and businesses to install/use cell repeaters. Only a licensed carrier may do this. That is, if you're a business/individual, the carrier/licensee must install/maintain the repeater for you. A rogue repeater subjects the owner to possible equipment forfeiture, fines, and/or imprisonment.

      After all, you don't find Verizon suing Bart do you?

      That's because [in all probability] Verizon set up the repeater system for BART.

      And further, there was no discrimination. Simply a system wide outage.

      An outage due to technical reasons/failure is vastly different. Deliberately pulling the plug [because of the potential speech/content] violates basic rules for common carriers.

      The reason for this is that common carriers enjoy a "safe harbor" from the actions of their users. That is, if person X decides to kill person Y and uses BART to travel to Y's residence, BART enjoys immunity. Without such immunity, BART would an accomplice before the fact. In exchange for such safe harbor immunity, BART may not discriminate. If it does, it risks losing its common carrier status and exposes it to all sorts of liability.

      However, in the above example, if a person Z (rather than BART) transports X to Y's place, Z is an accomplice [because Z is not a common carrier].

      This safe harbor is also true for telecommunication carriers [common carriers]. If X uses the carrier's network to discuss/plan the murder of Y with Z, the carrier is not liable for their actions.

      --
      Like a good neighbor, fsck is there ...
    28. Re:Illegal... by icebike · · Score: 1

      You are not a common carrier simply because you install a cell repeater to serve your own customers in your own premises. They aren't disputing being a common carrier because nobody said they were such.

      Cell repeaters are not illegal, and you can go here and buy one for yourself:
      http://www.repeaterstore.com/applications/small-building.html
      read the FAQ here http://www.repeaterstore.com/support/faq/

      They are very common in underground facilities and other places where cell reception is difficult.

      Once I got this far, I realized you don't have a clue what you are talking about and lost interest.

      --
      Sig Battery depleted. Reverting to safe mode.
    29. Re:Illegal... by Anonymous Coward · · Score: 0

      What evidence do they have that the anticipated assembly was going to be violent? Perhaps the fact that the assembly would necessarily have to have interacted with trigger happy BART cops.

    30. Re:Illegal... by Forever+Wondering · · Score: 1

      You are not a common carrier simply because you install a cell repeater to serve your own customers in your own premises. They aren't disputing being a common carrier because nobody said they were such.

      BART is a common carrier. You're confusing it with a private business. They're not disputing it because they want to be one to get the safe harbor provisions [which I mentioned in my last message, but you chose not to read].

      Cell repeaters are not illegal, and you can go here and buy one for yourself:

      It's not illegal to buy one. It is illegal to use one unless you have a license. Particularly, if you've set it up incorrectly [and are causing interference], you'll have a representative from your local cell phone company showing up on your doorstep. You must have the consent of the licensee.

      The FAQ you cited [cleverly] omitted any reference to legality of operation. You got bamboozled into thinking that just because you can buy one, it's legal to use it. It's also legal to buy a cell phone jammer but it is not legal to use it.

      Once I got this far, I realized you don't have a clue what you are talking about and lost interest

      Absolutely I do know what I'm talking about and everything I've said is verifiable on the web if you had taken the time to check it yourself [using a source that is a tad more credible than a site whose sole purpose is to sell you something].

      --
      Like a good neighbor, fsck is there ...
    31. Re:Illegal... by icebike · · Score: 1

      The FAQ you cited [cleverly] omitted any reference to legality of operation. You got bamboozled into thinking that just because you can buy one, it's legal to use it. It's also legal to buy a cell phone jammer but it is not legal to use it.

      These are fully FCC approved units, just like your wifi router. No license required.
      You know, simply stating your ridiculous opinion without bothering to check any facts makes you loo like a total idiot.
      Everything on that page is a consumer device approved for installation in the home with no additional license. The FCC id is shown on each product.
      Check your facts. They are completely legal.

      --
      Sig Battery depleted. Reverting to safe mode.
    32. Re:Illegal... by chromaexcursion · · Score: 1

      It is sad when so many are so ignorant. BART did NOT jam the signal! as a convenience to it's riders BART operates a repeater. This is what gets the cell phone signals underground, without it there is NO cell service. All BART did is turn off the repeater. There is no legal requirement for them to operate it. Ignorant people jump to stupid conclusions. Understand the issue before making an ass of ones self.

    33. Re:Illegal... by Opportunist · · Score: 1

      It's not illegal plain and simple, but if I got you right, your argument was that there wasn't a cell service in the area until recently, so what's the deal? Correct me if I am wrong.

      The problem is that it is a service that people rely on. Similar to how we rely on the grocery store having groceries and us not having to stock up on food because they might not. We got used to going there and buying food in case our fridge gets empty. If you take that away, people get into a situation that can be dangerous because they are not prepared for this kind of problem.

      Cell phones have similarly become a tool that we rely on. If you have an emergency while out of the house, you grab your cell and dial 911. You expect that to work, and you have reason to, at least where I live (our cell providers have to ensure emergency calls not only get priority over any other calls but also that they are able to keep at the very least an emergency service up and running 24/7. Failure to do so can cost you your license!). Also, (again, at least where I live) phone booths have become nearly extinct since the cell boom. Not being able to call an ambulance is a very real problem when your cell stops working (and asking someone to call the doc for you doeesn't work either).

      If they let emergency services running, I wouldn't complain at all. They're a privately owned company, they can shut down whatever part they please (might be subject to civil suit in case it was a service promised to their customers and they paid but didn't get the service they paid for), but emergency services should be kept up, no matter what.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    34. Re:Illegal... by Xtifr · · Score: 1

      It's not illegal plain and simple, but if I got you right, your argument was that there wasn't a cell service in the area until recently, so what's the deal? Correct me if I am wrong.

      It wasn't an argument, it was an observation. Another observation I can make is that the overwhelming majority of BART track is above ground, where cell service works fine.

      You can draw what conclusions you want--in fact, you can conclude that because people were accustomed to the lack of underground phone service (and the fact that service was still available on most of BART), that the rioters were less likely to be affected than normal riders, so BART's actions did more harm than good. But I wasn't posting to draw conclusions; I was posting to help promote informed debate. Something that's all too rare on slashdot.

    35. Re:Illegal... by lsatenstein · · Score: 1

      Perhaps Bart wanted a share of the revenue for calls occurring in their premises.

      --
      Leslie Satenstein Montreal Quebec Canada
  4. They are full of crap, of course! by Mitreya · · Score: 2

    temporary disruption of cell phone service, under extreme circumstances where harm and destruction are imminent, is a necessary tool to protect passengers

    Even if we accept that premise - who decides if "harm and destruction" is imminent? Oh, that's right, BART decides that. A completely unbiased reviewer, they are.

    1. Re:They are full of crap, of course! by Anonymous Coward · · Score: 0

      You are a twit. Mobile devices are routinely used as detonators, also mobile access./data is not a 'right' but a service you purchase. What are you going to do? crowdsource your threat analysis?

    2. Re:They are full of crap, of course! by hawguy · · Score: 1

      You are a twit. Mobile devices are routinely used as detonators, also mobile access./data is not a 'right' but a service you purchase. What are you going to do? crowdsource your threat analysis?

      What happens when the mobile device is set to explode when it loses connectivity?

    3. Re:They are full of crap, of course! by R3d+M3rcury · · Score: 1

      Ooh...sounds like "Speed 3" has a plot!

      That would actually be an entertaining way to solve this problem. If BART says they're going to turn off the cell service, just phone in a bomb threat saying that there's a bomb that will explode if the service is turned off.

    4. Re:They are full of crap, of course! by tftp · · Score: 1

      It should be trivial to keep the transmitters running but to stop routing calls. All incoming calls are not getting through, all outgoing calls report "busy" or "no answer."

    5. Re:They are full of crap, of course! by Adriax · · Score: 1

      Trigger set to a stream of Speed over netflix.
      "Pop quiz BART. There's a bomb on your subway. If I don't get to watch my movie it goes off. What are you gonna do?"

      --
      I don't suffer from insanity, I enjoy every minute of it!
    6. Re:They are full of crap, of course! by hawguy · · Score: 2

      It should be trivial to keep the transmitters running but to stop routing calls. All incoming calls are not getting through, all outgoing calls report "busy" or "no answer."

      But my detonator sends a request to a remote server which is supposed to sign the reply using a symmetric cryptographic key whose paired key resides on the detonator. If if doesn't get a correctly signed response after trying for several minutes, the detonator explodes.

      If I don't want to buy a data plan for my detonator phone, it can use text messages or DTMF phones over a voice call to contact the other computer.

    7. Re:They are full of crap, of course! by mpe · · Score: 1

      If BART says they're going to turn off the cell service, just phone in a bomb threat saying that there's a bomb that will explode if the service is turned off.

      Just about any terrorist can make a bomb threat. Even those incapable of making and delivering an actual bomb.

    8. Re:They are full of crap, of course! by jklovanc · · Score: 1

      Considering that Bart is tasked with the safety of their passengers who would you suggest would be a better choice? Bart did not cut off all protest; they just curtailed protest in a dangerous controlled area. Do you really want hundreds of agitated people crowded platforms with trains whizzing by? The protest could just as well have been done above ground in a much safer manner.

    9. Re:They are full of crap, of course! by Alranor · · Score: 0

      Maybe a better choice would include, oh I dunno, not fucking shooting unarmed and restrained men in the back?

      Oh perhaps that's just me

    10. Re:They are full of crap, of course! by jklovanc · · Score: 2, Insightful

      As usual you didn't answer the question but rather decided to troll.
      You might also look into the case a little more before making bold statements.
      1. There was a near riot going on at the platform.
      2. Grant was involved in fighting on the train.
      3. Oscar Grant was not restrained as the BART officer never had control of his hands (even the family in the wrongful death suit agrees on this point). He had escaped custody at least once before and returned to the train
      4. As Grand never surrendered he was never searched and therefore the officers had no way of knowing whether or not he was armed. Any officer will assume someone is armed until they have been cuffed and searched. Grant never got to that point. Even if Grant was unarmed, a struggling man can gain control of an officers gun and use it.
      5. The Officer stated he was going to taze Grant and cleared the other officer so as not to taze him too.
      6. The Officer grabbed the wrong weapon and shot .
      7. Under conditions of stress, adrenaline and split second decision making a tazer and a SIG Sauer P226 can feel very similar in the hand.
      8. The officer felt immediate remorse as evidenced by looking frightened, saying "Oh my God" and holding his head in his hands. Everyone on the platform who saw the officer agreed that he looked stunned at what happened. This looks to me like tha actions of someone who made a mistake and knew it.
      9. There is a federal civil rights case still open against the officer so it isn't even over yet (this is an exception to the double jeopardy rule)
      10. Violent protest had occurred in 2009 over the same issue and there were indications that they would happen again.
      11. The "protest" had the wrong target as the Officer was convicted of involuntary manslaughter and sentenced to 2 years in prison. If the sentence seems too light then protest the courts who imposed the sentence and not BART who had nothing to do with it.
      12. The protest was designed to take place in an area where people could die if they fell of the platform and onto the third rail or in front of a moving train.
      13. Finally and most important, the actions of one officer does not justify the disruption of the lives of thousands of commuters who had nothing to do with the issue. Go ahead and protest but do it safely.

      I am in no way saying what the officer did was right but since you were not there and hindsight while sitting safely at you computer does not compare with being in the middle of a riot you must be very careful in passing judgement without knowing all the facts.

    11. Re:They are full of crap, of course! by Anonymous Coward · · Score: 0

      When I compare this type of thinking to that of a guy with a stego'd message in porn pics on a flash drive hidden in his underwear, or another guy lighting his balls on fire on an airliner, I find that I'm happy that the two circles in a Venn diagram that represent "devious, yet creative thinking" and "murderous, suicidal, religious zealot" have a small intersection.

  5. As someone who rides it 5 days a week, by Anonymous Coward · · Score: 3, Informative

    I don't know what the difference is. There is shitty, background service through about the Montgomery station, with blackout points down below the City (don't do that ride much), and MacArthur through Berkeley is a blackout. I know, bitching about spotty service, etc. but try to get anything done on the train. I just read and don't even bother.

    1. Re:As someone who rides it 5 days a week, by interval1066 · · Score: 1

      Rarely take bart, only when I have business in Oakland, and every experience has been from inconvinant to pure hell.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    2. Re:As someone who rides it 5 days a week, by Just+Some+Guy · · Score: 1

      Rarely take bart, only when I have business in Oakland, and every experience has been from inconvinant to pure hell.

      OK, BART isn't exactly an Uber cab but it's hardly "pure hell". I used to commute between Daly City and Embarcadero each morning and afternoon, and it was nothing if not unexciting. The trains departed on time and arrived on time, and the only inconvenience was that I couldn't refresh Twitter or text my wife between stations while underground. Now I frequently ride between Fruitvale and Embarcadero, and the least pleasant aspect is that you get jostled around a little bit on the way through Oakland. I even get 3G service while under the bay (get your "BART: Transbay Tube" foursquare checking while you wait!).

      Crowded, sometimes, but the BART is nowhere near what you describe.

      --
      Dewey, what part of this looks like authorities should be involved?
    3. Re:As someone who rides it 5 days a week, by Anonymous Coward · · Score: 0

      Reading fake English like "inconvinant" IS pure hell. Learn English or shut the fuck up.

    4. Re:As someone who rides it 5 days a week, by interval1066 · · Score: 1

      I said "From INCONVIENIANT to pure hell.", its never been pure joy, and I've been stranded in Oakland once. OAKLAND. I like your kool-aid, make I have a cup?

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    5. Re:As someone who rides it 5 days a week, by Anonymous Coward · · Score: 1

      I like your spelling lessons, where do I sign up? So far in this thread you've spelt "inconvenient" 3 different ways, none of them correct, and once in ALL CAPS (because we all know CAPS LOCK IS CRUISE CONTROL FOR COOL).

      And spare me the "I'm dyslexic", before you even start. Firefox has a spell-checker BUILT INTO IT these days. You're not dyslexic, you're just stupid. Also, I had a good friend at university who was (severely) dyslexic, and his misspellings were always consistent. Wrong, but consistently wrong.

  6. So by sjames · · Score: 1

    If I use a personal jammer to silence that idiot yakking away at 120dB about who is sleeping with who and who has the funny sores on them, it's cool as long as I do it so that 'someone' doesn't kick his ass?

    1. Re:So by Anonymous Coward · · Score: 0

      f I use a personal jammer

      -1 Offtopic

    2. Re:So by sjames · · Score: 1

      How so? If I can't even cause a 3 second disruption within 20 ft of my location to knock out 1 phone call, why is it OK for BART to black out large areas. Especially considering that I can personally verify that there is no emergency or lost child in range and they can't.

  7. They need to quit the lying by Anonymous Coward · · Score: 5, Insightful

    The real reason they shut off cell phone service was to disrupt the electronic communication of the organizers of the protest. If there was a 'safety' reason, it was to disrupt the protest in the interest of safety. Down that path lies the complete elimination of public assembly 'in the interest of safety'.

        I could see their argument if say they had a credible threat of a cellphone-triggered bomb, but trying to disrupt a protest's electronic communication does NOT cut it.

    1. Re:They need to quit the lying by jklovanc · · Score: 1

      Think of this scenario (the one that BART is afraid would happen);
      1. Spotters are deployed to every Bart station and report the number of police at each station to a central command.
      2. The central command selects a number of stations and sends a text message to all spotters and protesters to converge on those stations.
      3. Hundreds of protesters converge on a small number of stations overloading the platforms.
      4. People get pushed off the overloaded platforms onto the tracks where they are hit by trains or killed by the third rail
      5. Bart closes down system and/or gets sued for not dealing with the situation.
      6. Thousands of commuters can not get home because of a few hundred misguided protesters.

      Subway platforms are inherently dangerous as there are no barriers between people and the tracks. If you want to protest, go ahead but do it in a safe manner in a safe place. Wouldn't a protest be as useful if it was done above ground and away from the danger area? In fact it would work better as it would not alienate all the commuters who could not get home and/or to work.

    2. Re:They need to quit the lying by thegarbz · · Score: 1

      Yes I can fully see how a smart terrorist would concoct a plot to trigger a bomb using an unreliable technology in one of the least reliable places it is likely to work.

      Terrorist 1: Today is our day of glory. Those American pigs will feel the full wrath of Allah's glory. Destroy the subway!
      Terrorist 2: (Dials Phone) Mwahahahahahaha!
      Sexy Voice: "The person you are calling is unavailable, if you would like to leave a message please do so after the beep." *beep*
      Terrorist 2: Hello bomb? Please go off when you get this. Thanks. Ciao.

    3. Re:They need to quit the lying by adolf · · Score: 1

      Agreed. I'd like to add that even if disabling (read: literally simply turning off some BART-operated bi-directional amplifiers and/or a DAS) cell service does effectively disrupt the organization of an ongoing protest, that this simply moves the protesters into more conventional forms of organization.

      Simple audio and both licensed and unlicensed land mobile 2-way radio come to mind immediately as being absolutely useful for such a task. Leaders in the tunnel can communicate with intermediates outside the tunnel using portable 2-way radios (which can legally have vastly higher output levels than a handheld cellphone which is restricted to 600mW ERP), who in turn use the topside cell network (which is not controlled by BART) to communicate with others using phone calls, SMS, and the greater Internet.

      Meanwhile, these same leaders can use simple audio cues (ie: a megaphone) to coordinate efforts underground.

      End result is that all that a shutdown does is up the ante slightly: Next time, folks will be better prepared.

      Meanwhile, intentional active jamming (to block a licensed 2-way radio) is a whole different sort of game than passively turning some cellular repeaters off. The FCC has always had a very dim view of intentional, active jamming of licensed communications.

      So, as I see it, here's the score in this card game:

      BART: 1
      Protesters: 0

      But BART has played their cards, and shown their hand. Meanwhile, the rest of us have plenty of perfectly legitimate tricks up our sleeves.

      To quote Counterstrike: "Terrorists WIN!"

      (Disclaimer: I really don't give a shit either way -- it's not my fight.)

    4. Re:They need to quit the lying by RivenAleem · · Score: 1

      What if they were protesting the protest? Would you deny them their right to protest too?

    5. Re:They need to quit the lying by Hatta · · Score: 1

      Down that path lies the complete elimination of public assembly 'in the interest of safety'.

      Down that path? That is already the official policy of the US government where Occupy is concerned.

      --
      Give me Classic Slashdot or give me death!
    6. Re:They need to quit the lying by slagheap · · Score: 1

      Mod +10 - Thread Winner. Well said.

      --
      First against the wall when the revolution comes
    7. Re:They need to quit the lying by Anonymous Coward · · Score: 0

      Terrorists are not smart in general and I think you would really struggle to find a smart one in the specific.

    8. Re:They need to quit the lying by Anonymous Coward · · Score: 0

      and yet there seems to be none of that with the Tea Party.

    9. Re:They need to quit the lying by Hatta · · Score: 1

      Of course not, they advocate for more power for the rich.

      --
      Give me Classic Slashdot or give me death!
    10. Re:They need to quit the lying by chromaexcursion · · Score: 1

      could someone please moderate this down for ignorance? Frankly I may give up moderating on /. how this tripe got to be 5 is beyond me. far too many supposedly intelligent stupid people involved with this post.

  8. BART Defends Shooting by Anonymous Coward · · Score: 0

    What's their defense in shooting an unarmed and detained man?

  9. Convenience only by girlintraining · · Score: 1, Funny

    Yeesh, whadda think people did before cell phones in an emergency? I believe they used to think, and act (and in that order) -- not just dial 911 and then stand there with a cell phone camera watching the poor bastard suffer. I, for one, wish they'd make the change permanent: Imagine riding public transportation without some obnoxious mouth breather yelling at his girlfriend the entire trip, while you're packed in like sardines with other passengers. It'd be better than Chuck Norris descending from heaven and cock punching every douchebag on the train.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Convenience only by Anonymous Coward · · Score: 0

      Yeesh, whadda think people did before cell phones in an emergency? I believe they used to think, and act

      It's not that people have to have the cell phones - it's that BART should not have the power to disable them on a whim
      What if they required putting away all eye glasses? People used to manage ok without glasses, but who the hell is BART to take that away??

    2. Re:Convenience only by ooshna · · Score: 1

      Yeesh, whadda think people did before cell phones in an emergency?

      Umm run to a pay phone?

    3. Re:Convenience only by Beryllium+Sphere(tm) · · Score: 1

      If I suddenly experience crushing chest pain, I want an EMT, not a helpful bystander. I also want one called as soon as possible, not as soon as someone can find a pay phone.

    4. Re:Convenience only by sureshot007 · · Score: 1

      There is a distinct difference between stopping a service that you pay for, and someone not allowing you to freeload anymore.

      If you ride BART, you are subject to their rules. They offer you the FREE service of extended cell antennas, but offer no agreement or contract for them to actually work. If they did, don't you think people would have sued them already for their crappy service?

    5. Re:Convenience only by Anonymous Coward · · Score: 0

      Free? Really? I can hop on a BART train and use their service of extended cell antennas without having to pay BART anything at all? Oh, wait. You mean, 'free' as in 'paid for with the fees you pay to get on the train'. Gotcha.

    6. Re:Convenience only by girlintraining · · Score: 1

      If I suddenly experience crushing chest pain, I want an EMT, not a helpful bystander. I also want one called as soon as possible, not as soon as someone can find a pay phone.

      They can always push the big red button installed in every car labelled "Press in emergency".

      --
      #fuckbeta #iamslashdot #dicemustdie
  10. Reasoning, please... by Anonymous Coward · · Score: 1

    Subway cars have dedicated telephony. If there's an emergency, and you think that you by yourself on your own cellphone can do you any good (like every other passenger on the train, compared with the authorities in place to deal with it), you're horribly naive (and probably a libertarian.) Cellphones do not have mandated reliability characteristics like landlines, so no rules are being broken here. In the event of an emergency, the passengers will likely clog any femtocells, full cells, or repeaters regardless.
     
    If your subway car is on fire, what the heck is your cellphone going to do for you?

    Not to sound harsh, as this is slashdot, but as soon as something is on your side of the tinfoil hat, it doesn't mean you can just give up all critical reasoning and adhere to the same computer science Stallmanism. This is a big world, with complex problems -- and not all of them can fit into the FOSS framework.

    I'm not trying to be a troll here, but seriously guys? It used to be that everyone got along fine without cell phones and now they're a lifeblood -- to the degree that when they are taken away, nobody seems to know how to actually take care of themselves.

    1. Re:Reasoning, please... by Just+Some+Guy · · Score: 1

      If your subway car is on fire, what the heck is your cellphone going to do for you?

      "Goodbye, darling. I won't be coming home again. Tell the kids I love them."

      If nothing more practical than that, isn't it enough?

      --
      Dewey, what part of this looks like authorities should be involved?
    2. Re:Reasoning, please... by MrEricSir · · Score: 1

      If you think all emergencies in and around Bart service areas occur within reach of the emergency callbox inside a train, and that those callboxes always work, I'm afraid you're the one being naive.

      Frankly Bart doesn't have a justification for cutting off service. Protests like this first occurred decades before cell phones were invented. If people really are rushing the station for a protest, guess what? Stations have doors that can be closed. Big heavy ones that can't be kicked down.

      --
      There's no -1 for "I don't get it."
    3. Re:Reasoning, please... by Hognoxious · · Score: 1

      To turn off the cells in an emergency BART management must know about the emergency. They're quite capable of informing the appropriate emergency services themselves, & probably faster than some random member of the public could.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    4. Re:Reasoning, please... by Anonymous Coward · · Score: 0

      If your subway car is on fire, what the heck is your cellphone going to do for you?

      "Goodbye, darling. I won't be coming home again. Tell the kids I love them."

      If nothing more practical than that, isn't it enough?

      You won't get to talk to your darling or your kids. What you will get is a message telling you that your call failed because you and all the other dickheads are trying to have phone sex instead of getting out of the burning car.

    5. Re:Reasoning, please... by Anonymous Coward · · Score: 0

      And small, life-threatening emergencies like heart attacks or strokes never happen at the same time as large 'dangerous' 'emergencies' like a peaceful protest being organized? If BART cuts off cell service to prevent a large, but peaceful protest from occurring, they're *also* cutting off cell service that could have saved the life of that poor bastard who has a heart attack in the same general vicinity.

    6. Re:Reasoning, please... by MrEricSir · · Score: 1

      Except that's not what happened. A protest is not "an emergency." Their justification was that too many people might enter the station, not that an emergency had happened.

      --
      There's no -1 for "I don't get it."
  11. Look, we're the government, we know what's best. by Anonymous Coward · · Score: 0

    Whatever we do, it's in the name of your best interest. Leave you abandoned in the cold? It's to make you stronger! Raise you from cradle to grave? It's to keep you safe! You want to protect life? No abortions for anybody! You want to protect life? Abortions for some! Free birth control! And tiny flags for others!

    --Signed, whatever government you want. We're here to help.

  12. Kinda like flying by netdigger · · Score: 1

    Wasn't this whole situation kinda like flying. During take off and landing you are required to turn off all electronic devices, including your cellphones. The reason for this is to prevent interference with the plane's electronics, which could be life threatening. If their goal was to prevent deadly riots I believe that they are within their rights to turn off a service.

    If BART really wanted to they could end the contracts with the communication companies and then you wouldn't be able to use your cellphones down there anyways.

  13. In other words... by tlhIngan · · Score: 5, Insightful

    So for all transit operators out there, the apparent takeaway from all this is to not provide any form of cell service in weak areas. Offering a repeater that you can control, and disabling it can be considered a breech of freedoms and make you liable.

    Better to just avoid the whole issue and not do anything that'll make your commuters happier. If they want cell service, they can lobby their cell carriers to point antennas directed into the tunnels themselves. And nevermind emergencies - there's always the emergency phones in the trains.

    Anyone who wants to text and use their cellphone, can drive instead.

    1. Re:In other words... by Anonymous Coward · · Score: 0

      I completely agree. At what point did it become a God given right to have cell service underground? It was only a few years ago that "I'm going in to a tunnel" was a convenient excuse for dropping a call with someone you didn't want to talk to. Sounds to me like a bunch of people are getting pissy about not being able to play games on the train. I have an idea, read the paper.

    2. Re:In other words... by Anonymous Coward · · Score: 0

      Anyone who wants to text and use their cellphone, can drive instead.

      Not without breaking the law, in California at least. (And an increasing number of other states)

  14. Studies? by Anonymous Coward · · Score: 0

    Have there been any studies of how effective mobile-blocking is in evacuating an area?

    I suspect a lot of people would get downright uneasy about being without connection. Especially when surrounded by a lot of downright uneasy strangers plus apparently there's some sort of altercation going down. This might be good leverage against 'spectator mode', and time-wasted calling friends to share the excitement.

    Like imagine if they tried telling everybody to stay put, plus cut mobile. People would bolt way faster than if they had mobile to check for info and give distraction. Blocking has real crowd-shaping effect, and there ought to been a few papers by now.

  15. next by Anonymous Coward · · Score: 0

    Next will be the forced wearing of peril sensitive sunglasses.

  16. We can't accept that by thegarbz · · Score: 1

    So what if harm is imminent? Suppose a train derails or a terrorist bombs it, how is turning the phone supposed to stop the casualties?

    But hey I can help them I know first aid! Let's go through the DRSABCD steps.

    D - check for Danger.
    R - check for Response.
    S - Send for help .... does anyone have a working phone?

    In any major incident the emergency services would greatly appreciate having eyes and ears on the ground straight away which is exactly what their call centre provides.

  17. Not sure what the problem is? by moderators_are_w*nke · · Score: 3, Funny

    My mobile never works on the London Underground, protest or no protest.

    --
    "XML is like violence. If it doesn't solve your problem, use more." - Anonymous Coward
    1. Re:Not sure what the problem is? by Anonymous Coward · · Score: 0

      The problem is that bay area geeks are spoiled cunts. They all support the occupy protests with their $150k incomes, then getting all uppity because they can't tweet from a train under the water.

  18. Here's a good rule of thumb... by lemur666 · · Score: 1

    Wither goes local government, wither goes the federal government.

    Barring intervention from the supreme court.

    Given the feckless state of our current federal legislature, this is why it's important to elect the right person to the presidency: They will pick the next batch to decide this sort of thing.

    --
    Corollary to Hanlon's razor: Any significantly advanced stupidity is indistinguishable from malice.
  19. Disconnect by goodmanj · · Score: 1

    There's a disconnect between principle and practice here. Authorities should absolutely be able to disable communications in "extreme circumstances where harm and destruction are imminent". A cell-phone triggered bomb on the train, for example.

    But what does that have to do with last August's shutdown? Harm and violence were not imminent in that case. You'd be hard-pressed to argue that violence was even *likely*.

    We have given the authorities tools to use to stop mass violence -- everything from telecomms control to tear gas. But using those tools *before* the violence starts is always an abuse of power.

  20. You know where I heard that kind of rhetoric last? by Opportunist · · Score: 3, Interesting

    Living this close to the former iron curtain, I have heard and read that kind of apologies before. Every time there was an unrest in one of those countries, something like this would be sprouted. "For the safety", "to protect order", "to keep people from misusing tools" and "what could have happened if we didn't step in".

    So far the difference is still that we don't get shot.

    At least not yet.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  21. is it just me or... by crutchy · · Score: 1

    ...is it weird that a lame simpsons joke hasn't appeared yet?

  22. If they can do then the bad guys by Shivetya · · Score: 1

    If BART can do this then the bad guys have half their work done for them, they simply need to get control of this process when they want to cause even more mayhem.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  23. Re:You know where I heard that kind of rhetoric la by Anonymous Coward · · Score: 0

    Ackshully, knowing BART:

    http://www.sfexaminer.com/local/2011/07/bart-police-shoot-kill-man-platform-civic-center-station

    There ya go.

    AC

  24. It would seem to me... by DekkerAvesque · · Score: 1

    It would seem to me that a cellphone would be an incredibly useful thing to have in an emergency situation... Especially so loved ones could contact you and see if you are in said situation...

  25. No Uploading video of shot unarmed Blacks by thatDBA · · Score: 2

    They don't want you to upload videos of unarmed, handcuffed Black males the BART Police have shot in the back before they have had a chance to confiscate your cell phone.

  26. Intent! by Anonymous Coward · · Score: 0

    It boils down to what was the intent? BART Police have already indicated that the intent was to disrupt communications because they wanted to prevent an effective protest.

    1. Re:Intent! by CanHasDIY · · Score: 1

      It boils down to what was the intent? BART Police have already indicated that the intent was to disrupt communications because they wanted to prevent an effective protest.

      This.

      Hard to imagine noble intent from the same group of people that pinned a guy to the ground and shot him in the back, in front of a crowd of people who recorded their crime.

      Disrupting the comm system gives them plenty of time to round up all those pesky cell phones before the video can be uploaded. After all, anything in the name of "security," right?

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  27. For anyone not in the Bay Area... by Anonymous Coward · · Score: 0

    Is anyone else disappointed in a lack of Simpsons jokes in an article with Bart in the headline?

  28. Re:You know where I heard that kind of rhetoric la by Anonymous Coward · · Score: 0

    Paranoia is a serious medical condition. No jokes.

  29. Re:You know where I heard that kind of rhetoric la by Anonymous Coward · · Score: 0

    We do get shot. With beanbags. Causing brain damage.

  30. I missed the constitutional amendment.... by Anonymous Coward · · Score: 0

    ...are mobile phones a constitutionally guaranteed right now?

  31. Err on the side of the angels by Anonymous Coward · · Score: 0

    When it comes time to decide if you deny someone communications (or any rights) the rule set should always be 'Allow first, Deny last' which is to say never deny unless you will do obvious, absolute and concrete good by doing so, and then only as a very last resort.

    BART reversed this and so erred on the side of the devils.