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Executive Order Grants US Gov't New Powers Over Communication Systems
An anonymous reader writes "President Obama has issued a new executive order: 'Assignment of National Security and Emergency Preparedness Communications Functions.' EPIC reports: 'The Executive Order grants new powers to the Department of Homeland Security, including the ability to collect certain public communications information. Under the Executive Order the White House has also granted the Department the authority to seize private facilities when necessary, effectively shutting down or limiting civilian communications.' A few key excerpts from the exec order: 'The views of all levels of government, the private and nonprofit sectors, and the public must inform the development of national security and emergency preparedness (NS/EP) [National Security/Emergency Preparedness] communications policies, programs, and capabilities. ... Sec. 5.2. The Secretary of Homeland Security shall: (a) oversee the development, testing, implementation, and sustainment of NS/EP communications, including: communications that support Continuity of Government; Federal, State, local, territorial, and tribal emergency preparedness and response communications; non-military executive branch communications systems; critical infrastructure protection networks; and non-military communications networks, particularly with respect to prioritization and restoration; .... (e) satisfy priority communications requirements through the use of commercial, Government, and privately owned communications resources, when appropriate."
Typical.. read the summary that is flat out wrong, and go ballistic... First it does not grant power over communications, as in all communications, it is for the governments own emergency communications.. second there is nothing about seizing anything... here it is read it for yourself.. http://www.whitehouse.gov/the-press-office/2012/07/06/executive-order-assignment-national-security-and-emergency-preparedness-
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Upon a careful reading of the actual executive order, I find, in my humble opinion, that the order does none of things that are being ranted about. First, the bulk of the order are instructions to DHS to develop policies and procedures to ensure that communications will survive in the event of a national emergency. Second, it does allude to ensuring that federal needs will have priority during emergencies, a privilege the government already enjoys. Third, it carefully notes that the authority of the FCC is not being superseded by the order, and that the FCC has control over any communications channels that have been assigned to the federal government, i.e. DHS does not. Frankly, it reads as a get your act together directive, not a sweeping grab of new federal powers.
-- Perhaps I see less than some, but more than many.
Maybe you should refresh yourself on executive orders - they are by definition law, and therefore are legislation without representation. They bypass congress. They have essentially unlimited power. They can only be overturned by the court system and the courts don't have to be informed about them if they are classified as national security. The only people that have to be informed about executive order in this case is the national security council. Oh, and yes, it is a given right to the President in the Constitution.
> You forgot to quote the part where they are empowered to seize civilian facilities.
The summary is a gross lie.
Go read the actual executive order. There is no such place where empowerment to seize civilian facilities is described. In fact the order is just a directive to establish an emergency communications plan.
Slashdot can be really bad at times. This was one of the worst examples I've seen.