Government Could Get Kill-Switch for Cell Phones

Source: Dateline Zero

Following the decision from city officials in San Francisco to kill cell phone service at a moment’s notice throughout the Bay Area, the FCC is considering if BART’s policy is compatible with U.S. Code.

Either BART will be required to alter their policy, or the FCC allow interruption of cell service across the country when there is “strong evidence of imminent unlawful activity.”

After observing city officials in San Francisco halt cell phone service at a moment’s notice throughout the Bay Area, the FCC is examining how a proposal of their own could implement similar measures across the US. Or at least, that’s a fear being expressed by pundits and media folks, including some folks at RT.

Here’s a quick re-cap on what’s happened in recent months. BART — San Francisco’s “Bay Area Rapid Transportation” — halted cellphone service in an attempt to hinder protesters.

To back-track a little more: Protests were in response to the July 3 shooting death of Charles Hill, a homeless man BART officers said had a knife. Hill allegedly tossed a knife at officers; so Officer James Crowell responded by tossing back bullets. Hill was shot. Twice.

So BART spokesman Linton Johnson repeatedly defended the agency’s decision to halt cellphone service in several San Francisco BART stations for several hours on Aug 11.

Criticism of BART officials was along the lines of: “You cannot do that. You cannot arbitrarily cut cell service. There at least needs to be discussion among members of the BART board of directors.”

This was apparently duly noted. There was discussion (after the fact).

As of Dec 1, BART officials can point to a new policy allowing BART officials to interrupt cell service. The transit agency’s board of directors announced that temporary cell service interruptions are acceptable only when there is “strong evidence of imminent unlawful activity that threatens the safety of District passengers, employees and other members of the public.”

“The intent of this cell phone interruption policy is to balance free speech rights with legitimate public safety concerns,” BART Board President Bob Franklin said.

There’s still a problem with BART’s policy, though. It could be in violation U.S. laws to enact such sweeping interruption of public communication.

Matthew Lasar at Ars Technica reports that the FCC has promised to look into the matter.

“BART took an important step in responding to legitimate concerns raised by its August 11, 2011 interruption of wireless service,” FCC Chair Julius Genachowski noted in his press statement. But “the legal and policy issues raised by the type of wireless service interruption at issue here are significant and complex,” he added.

Lasar points out in his article that Section 333 of the US Code makes things pretty clear. “No person shall willfully or maliciously interfere with or cause interference to any radio communications of any station licensed or authorized by or under this chapter or operated by the United States Government.”

But Genachowski’s commentary suggests that he or his staff see some leeway in the matter. “For interruption of communications service to be permissible or advisable, it must clear a high substantive and procedural bar,” the FCC’s Chair says.

The RT article points out that, because the FCC is getting involved, making it ok for BART to cut cell service as they see fit would make it ok for the same thing to happen on a Federal level. (Actually, the RT article makes it sound like the FCC isn’t interested in even considering challenging BART’s new policy.)

FCC Chairman Genachowski wrotes in a press leased from the Washington DC office: “I have asked Commission staff to review these critical issues and consider the constraints that the Communications Act, First Amendment and other laws and policies place upon potential service interruptions. … We will soon announce an open, public process to provide guidance on these issues.”

Read the full post at Dateline Zero