The Supreme Court has refused to hear a petition concerning
the Department of Homeland Security’s secretive internet and cellphone
killswitch program.
(ANTIMEDIA) United States — On Monday the Supreme Court declined to
hear a petition from the Electronic Privacy Information Center (EPIC)
that sought to force the Department of Homeland Security to
release details of a secret “killswitch” protocol to shut down cellphone
and internet service during emergencies.
EPIC has been fighting since 2011 to release the details of the
program, which is known as Standard Operating Procedure 303. EPIC
writes, “On March 9, 2006, the National Communications System (‘NCS’)
approved SOP 303, however it was never released to the public. This
secret document codifies a ‘shutdown and restoration process for use by
commercial and private wireless networks during national crisis.’”
EPIC continues, “In a 2006-2007 Report, the President’s National
Security Telecommunications Advisory Committee (‘NSTAC’) indicated that
SOP 303 would be implemented under the coordination of the National
Coordinating Center (‘NCC’) of the NSTAC, while the decision to shut
down service would be made by state Homeland Security Advisors or
individuals at DHS. The report indicates that NCC will determine if a
shutdown is necessary based on a ‘series of questions.’”
Despite EPIC’s defeat at the hands of the Supreme Court, the
four-year court battle yielded a heavily redacted copy of Standard
Operating Procedure 303.
The fight for transparency regarding SOP 303 began shortly after a
Bay Area Rapid Transit (“BART”) officer in San Francisco shot and killed
a homeless man named Charles Hill on July 3, 2011. The shooting sparked
massive protests against BART throughout July and August 2011. During
one of these protests, BART officials cut off cell phone service inside
four transit stations for three hours. This kept anyone on the station
platform from sending or receiving phone calls, messages, or other data.
In July 2012, EPIC submitted a Freedom of Information Act
(FOIA) request to the DHS seeking the full text of Standard Operating
Procedure 303; the full text of the predetermined “series of questions”
that determines if a shutdown is necessary; and any executing protocols
related to the implementation of Standard Operating Procedure 303,
distributed to DHS, other federal agencies, or private companies.
To continue reading: The US Government Has an Internet Killswitch
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