Wednesday 17 August 2011

What laws did BART break or bend on August 11th when they cut cell service?

On August 11th, San Francisco’s Bay Area Rapid Transit Authority shut off cell service at multiple underground stations to disrupt a planned protest. This tactic has become common in totalitarian regimes like Syria, Tunisia, Iran & Egypt, but until last Thursday it has never been used in the United States. BART’s police Lieut. Andy Alkire called their action a “great tool to utilize.” Swift condemnation from groups like ‘No Justice, No BART‘, the ACLU and the EFF rained down.
There is no precedent for communication disruption by a government transportation authority in U.S. history, but it’s certain that laws were broken. Specifically, the California & U.S. Constitution, and the Communications Act of 1934 which is enforced by the FCC. For a good overview of the issues and recent news (especially regarding the protest on Monday Aug 15th which shut down all downtown BART stations), there’s an excellent overview at SFAppeal.
During an interview on CNN with Brooke Baldwin, Linton Johnson (Chief of Communications for BART) referred to cell service as an “amenity” and returned time and time again to an invented “Constitutional right to safety” or the right to get from “point A to point B”, both of which do not exist:
“They made us choose between people’s ability to use their mobile phones. An amenity that we provide–and our customer’s constitutional right to be able to get from point a to point b which is what we’re in business for…. [People made us] take the very tool that we put in place … the mobile phone as a safety tool.. to turn it around and use it against our customers to try to violate their constitutional right to safety...”
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Daniel @'MONEYDICK'

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