WaPo: The U.S. government couldn't shut down the Internet, right? Think again. [View all]

[erronis]

https://www.washingtonpost.com/opinions/the-us-government-couldnt-shut-down-the-internet-right-think-again/2020/03/06/6074dc86-5fe5-11ea-b014-4fafa866bb81_story.html

Written by Jessica Rosenworcel, member of the FCC.

It's been good to know you all.

In the age of the always-on Internet, what happens when a government decides to turn it off? For many people around the world, this is no longer a theoretical question.

Last year, Internet service was shut off for roughly seven months in India’s Kashmir Valley, affecting 7 million people. The government of the world’s largest democracy justified the blackout by saying it was necessary to avoid protests and loss of life. In Bangladesh, a government-directed shut-off disrupted humanitarian and emergency services in Rohingya refugee camps for more than six weeks in 2019. Congo blacked out the Internet for 20 days after last December’s elections, preventing electoral observers from relaying information from rural polling stations. Ethiopian authorities shut down the Internet for three days last June to prevent student cheating on national exams. In January, there were outages in Iran during protests over the downing of a Ukrainian plane, following a week-long blackout last year after the price of fuel went up.

Section 706 of this law allows the president to shut down or take control of “any facility or station for wire communication” if he proclaims “that there exists a state or threat of war involving the United States.” With respect to wireless communications, suspending service is permitted not only in a “war or a threat of war,” but merely if there is a presidential proclamation of a “state of public peril” or simply a “disaster or other national emergency.” There is no requirement in the law for the president to provide any advance notice to Congress.

And as recently as 2010, a Senate committee report on protecting cyberspace concluded that section 706 “gives the President the authority to take over wire communications in the United States and, if the President so chooses, shut a network down.” That means if a sitting president wants to shut down the Internet or selectively cut off a social media outlet or other service, all it takes is an opinion from his attorney general that Section 706 gives him the authority to do so.