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Homeland Security must disclose ‘Internet Kill Switch,’ court rules

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posted on Nov, 14 2013 @ 10:04 PM
Before I get to the crux of the article that led me here, I have one question to ask. How many here knew that the internet kill switch has in a sense, already been used at least once? Well, not in the way that you would have anticipated. You see, BART's (Bay Area Rapid Transit) publicly provided wireless service was shut down by authorities to prevent a protest. This was heavily discussed at ATS back then, but at the time no one realized the fact that an internet kill switch was being utilized in definiton. In this San Francisco law review, they go into much detail about this incident and the legalities. And quite certainly I am aghast that this was used to quell a protest in the US.

BART’s Unconstitutional Speech Restriction: Adapting Free Speech Principles to Absolute Wireless Censorship By B RANDON W IEBE * Introduction O N AUGUST 11, 2011, BAY AREA RAPID TRANSIT (“BART”) authorities shut down mobile phone and Internet access 1 in an attempt to disrupt planned protests over the July 3, 2011 fatal shooting of Charles Hill by BART police. 2 That day, Internet access and cell service was silenced in four downtown San Francisco stations for three hours during the height of the evening commute (the “BART restriction”). 3 According to BART, during the preceding week organized activists 4 had planned to use social media sites to coordinate protest.

BART’s Unconstitutional Speech Restriction: Adapting Free Speech Principles to Absolute Wireless Censorship
Ok now that you saw a perfect example of what an internet kill switch is capable of, lets get to the recent news. This part deals with the difficulties in aquiring FOIA (Freedom of Information act) information concerning the internet kill switch. And in a glorious decision by a federal Court they have ruled that Homeland Security has 30 days to comply.

Originally Homeland security claimed that “Standard Operating Procedure 303,” didn't even exist. But later they argued that they were exempted from providing the document. Now do I think they will release this document in 30 days? Not a chance, and I am certain that they will appeal. But considering this request was first made in July of 2012, maybe we are finally a bit closer.

Yes this kill switch supposedly only applies to situations where a bomb may be detonated by say a cell phone. But if you look at my top post, you will see that a protest has nothing to do with a bomb. Thus why I felt these needed to be shared together. And this is a perfect reason that we should be watching this topic much closer in the upcoming months. We just may end up having another NSA type scandal brewing with top secret rules etc... Just what are they plotting behind our backs?

The Electronic Privacy Information Center (EPIC) is seeking “Standard Operating Procedure 303,” also known as the “Internet kill switch” from Homeland Security. The protocols govern shutting down wireless networks to prevent the remote detonation of bombs. The broad government power to shut down communications networks worries civil libertarians. However, the agency argues the protocols must be kept secret to protect national interests and the safety of individuals.

The court said Homeland Security wrongly claimed that it could withhold Standard Operating Procedure 303 as a “technique for law enforcement investigations or prosecutions.” The court also found that interpreting a safety exemption to “encompass possible harm to anyone anywhere in the United States within the blast radius of a hypothetical unexploded bomb also flies in the face of repeated Supreme Court direction to read FOIA exemptions narrowly.”

Homeland Security must disclose ‘Internet Kill Switch,’ court rules

edit on 14-11-2013 by elouina because: (no reason given)

posted on Nov, 14 2013 @ 10:15 PM
reply to post by elouina

Read about this earlier today. Here's the part that stood out to me.

While the court rejected the agency’s broad interpretation of FOIA exemptions, it left the door open for further appeals by Homeland Security. The agency has 30 days to release the protocols to EPIC, but the court issued a 30-day additional stay on its opinion to allow the agency time to appeal.

That should give DHS time to shop around for a judge to back them up. I've lost almost all hope in the US legal and political system. When there is a win it seems to be a fluke.

posted on Nov, 14 2013 @ 10:24 PM

reply to post by elouina

That should give DHS time to shop around for a judge to back them up. I've lost almost all hope in the US legal and political system. When there is a win it seems to be a fluke.

And just what are the odds that the less than honorable Eric Holder of the Obama admin will be behind this appeal? And yes, judge shopping is something they do best from what I have seen.

Yeah I read this earlier also, and was surprised that no one here posted this.
edit on 14-11-2013 by elouina because: (no reason given)

posted on Nov, 14 2013 @ 10:39 PM
reply to post by elouina

Well, in your defense ( LOL ) no one else has a chance to post anything cause your always on top of it!

That said, yeah.. DHS will stonewall, find a new judge, find whatever or just become the little dictators they are.... tyrants who refuse to comply with the court systems... certainly not the first time.

However, What is in BART's defense is that if they own the networks through the free service they provide, then they have every right to shut off the service that they pay for... no one is entitled to free internet or free wifi...

free always comes with a price. The price with that is that it is not the people's personal service. Now, if they shut off individual and businesses private service, that is a MUCH different story..

As far as the protesters... people are way way way too dependent upon technology if they cannot protest anything without free wifi in the area! People have conducted protests throughout history without internet and cell phones... its an absolute disgrace that people today cannot seem to manage it!

edit on 14-11-2013 by OpinionatedB because: (no reason given)

posted on Nov, 14 2013 @ 11:19 PM
What if the bigger conspiracy here is we are entitled to nothing.
What if private businesses legitimately don't exist? What if everything does belong to a higher power under some fine print/unspoken of/hidden clause we are not privy to. That we are just given the illusion that we have ownership and rights of things and material under a lawless facade?

There has to be someone, something, to keep a population "of any kind", in bounds and in order. It's just how life has been since the beginning in any civilization or culture of most all species and things considered living. There's a power the drives and a power that rules. Whether it be through the means of blatant lies, folklore etc.

It's a bit of a stretch, and although I don't partake in politics, but, what if Obama once saying "You didn't build it' was subliminal for a bigger picture?

If you follow the dots you will see that we have always been controlled by a higher power -- To work for them.

We all work not to live, but to propel the agenda and welfare of whoever is ruling us.

Eisenhower's Hidden-Hand basically states that it is there lies a power that makes us all work every day of our lives in order to not only socially compete, but to strive to achieve "more." Get a promotion, make more money, get a better house, get a better car, get the newest cell phone. All which revolves around money, which is usually acquired by working a job.

What would become of society if we knew all became aware that we are not free. They say insanity is doing the same thing over and over but never achieving new results. What if we were to realize, on a global scale, that life is not about working for this power, but that real happiness lies in the freedom to live another way independent of the power.

It reminds me of old cultures who's elders told their community not to leave the boundries of the village because evil being and death lies beyond the confines thereof. It
placed fear in the hearts of the villagers. The oath and law of what was foretold was to never be overstepped.

Many questions.
edit on 11/15/2013 by unb3k44n7 because: (no reason given)

posted on Nov, 14 2013 @ 11:25 PM
reply to post by elouina

Killing the internet because of a protest. Over a subway strike??? Overkill comes to mind. Iran is even facepalming.

posted on Nov, 14 2013 @ 11:26 PM
reply to post by Bassago

shop around for a judge?

why bother when this one has foolishly given them 30 days to dig through his internet history for dirt?

S&F for the OP,
now those who want to protest know they should bring their own encrypted wifi/communications network with them.

posted on Nov, 14 2013 @ 11:59 PM
Great thread, I've never heard of the BART system and I've got some reading to do now.

This is the thing that bothers me. This 'kill switch' quelled one of our rights, literally went against exactly what it stands for.

But people defend a 'kill switch' like BART. They will justify it, and likely through fear. "But it could potentially save lives."

Here's the thing though; it hasn't.

Boston Bombings. Sandy Hook. Chicago. Take your pick. How many were thwarted due to advanced surveillance and militarized police who disregard our (their) rights? I'm sure you could find some, but I'll adrress that, and look at any 'mass shooting' that's blasted on American media and I believe my opinion is sound.

But here's the thing that REALLY bothers me.

"It could save lives."

"It could help innocent people."

"Are you against helping people?"

Do you hold the same opinion toward our foreign policy which is one of invasion, occupation, and exploitation, and any native people are 'terrorists' or whatever over-generalized Boogeyman you'd like.

What about drone strikes? Murder machines who have claimed countless victims and children are not excluded. People are purposefully ignoring this!

I can't wrap my mind around this logic:

"Oh, it's okay if my source for survival is corrupted and being manipulated, because it's always been that way!"

"Oh, it's okay if my rights are taken away, because it helps save lives!"

Even when proved to be absolutely ridiculous statements, they still latch to them. The same people who steal your wealth are the same ones who steal your rights. The people who steal your rights are the same people who steal your health, and this chain continues because this rampant corruption as eaten out government away to the core.

The same psycopaths who murder innocent people and play global chess with the lives of millions are the same people who want to believe there's no stop to this and that they always win. We're not listening anymore, though.

Time to stop being sheep, if only we knew how, since that's all we've been.

Something like, "In order to rebel one must be conscience, in order to be conscience, one must rebel."

Life and it's good ol' irony. Can't beat it. Oh, and we live in a vast seemingly infinite universe. So all that crap up there?

It doesn't matter.

Except Fukushima.

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