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To defuse 'flash' protest, BART cuts riders' cell service. Is that legal?
Christian Science Monitor ^ | August 12, 2011 | Patrik Jonsson

Posted on 08/12/2011 6:21:11 PM PDT by tje

The decision by Bay Area Rapid Transit officials to cut off cellphone service Thursday evening – to forestall a planned protest – raises a fundamental question: Do Americans have a basic right to digital free speech or to digitally organized assembly?

Because July protests against BART police shootings had turned violent, BART officials took the unusual step to protect public safety, they said. The tactic may have worked: No protests took place Thursday night at BART stations.

Temporarily shutting down cell service and beefing up police patrols were "great tool[s] to utilize for this specific purpose," BART police Lt. Andy Alkire told Bay City News Friday. The protests, planned for sometime between 4 and 8 p.m. in transit stations, would likely have disrupted service for many of the 341,000 daily BART passengers.

(Excerpt) Read more at csmonitor.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; US: California
KEYWORDS: 1stamendment; bart; bigbrother; blackout; cellservice; comblackout; communications; disruptedservice; disruption; fascism; flashmob; freespeech; righttoassemble; sanfrancisco; sf; totalitarianism
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It's a brave new world we live in...
1 posted on 08/12/2011 6:21:14 PM PDT by tje
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To: tje

How dare they stop a riot!

They should be sued.

lol


2 posted on 08/12/2011 6:26:04 PM PDT by GeronL (The Right to Life came before the Right to Happiness)
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The FReepathon Is 43 Days Old

If We Don't Meet Our Budget This Is Your Booby Prize

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3 posted on 08/12/2011 6:26:17 PM PDT by DJ MacWoW (America! The wolves are here! What will you do?)
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To: tje

Too bad that some segments of the population have been abusing their access to electronic messaging to create mischief and destruction.

What if the powers that be decided to selectively terminate service depending on caller ID?

http://www.freerepublic.com/focus/f-news/2762991/posts


4 posted on 08/12/2011 6:28:13 PM PDT by thecodont
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To: thecodont

I’ve been wondering how that can be done.. All in all not a good thing..


5 posted on 08/12/2011 6:31:43 PM PDT by tje
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To: thecodont

I’ve been wondering how that can be done.. All in all not a good thing..


6 posted on 08/12/2011 6:31:45 PM PDT by tje
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To: tje

Typical Government service. Give the people free cell phones then cut them off...


7 posted on 08/12/2011 6:32:54 PM PDT by Rebelbase
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To: tje

Cell service is a constitutional right?

Several years ago a court case came up proclaiming that phone service was a right, final result ... you can turn off phone service (for none payment) with the exception that 911 access must be maintained. This was for residential phone service; don’t know how this will affect mobile service.


8 posted on 08/12/2011 6:33:07 PM PDT by doc1019 (You do not need a parachute to skydive. You only need a parachute to skydive twice.)
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To: tje
Funny, this raises some of the same issues as the atheist bus decision thread I posted a while ago.

If BART can disable mobile phone service because they fear violence may erupt from a assembly of people related to one particular issue (in this case police brutality), might they do the same to diffuse other assemblies such as support for a candidate for public office or a religious rally they believe might get out of hand or draw counter-demonstrators.

If Christians want to rally on the train or downtown, could the transit provider or the city shut off mobile service to stop the Christians from organizing and Muslims from organizing a counter-demonstration because they fear Muslims might be provoked and become violent?

Sounds to me like the same kinds of tactics a lot of totalitarian governments use to stop citizens from protesting and trying to gain freedom and democracy.
9 posted on 08/12/2011 6:37:51 PM PDT by LonelyCon
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To: doc1019

If you have a cell phone 911 should work whether or not you have service.


10 posted on 08/12/2011 6:38:49 PM PDT by ThomasThomas ( Congressmen should wear uniforms like NASCAR drivers, so we can identify their corporate sponsors.)
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To: tje

BART action not gonna fly.


11 posted on 08/12/2011 6:40:19 PM PDT by LurkedLongEnough
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To: GeronL

Since cutting cell phone service stops rioters, then maybe we should rid the country of guns to stop gun violence.

The cell phones aren’t the problem.


12 posted on 08/12/2011 6:42:45 PM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: doc1019
"...you can turn off phone service (for none payment) with the exception that 911 access must be maintained."

But, according to at least this source, this was exctly what was done.

13 posted on 08/12/2011 6:44:37 PM PDT by n230099 ("When no one knows who is armed...everyone is.")
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To: doc1019

Cell service is a constitutional right?

125 years ago could the government come into your house and smash your printing press? 50 years ago could the government come into your house and remove your telephone?

This will not end well for the freedom of speach.


14 posted on 08/12/2011 6:44:57 PM PDT by steveab (When was the last time someone tried to sell you a CO2 induced climate control system for your home?)
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To: goodwithagun

I’m fine with that, as long as you can get guns out of the hands of criminals first.


15 posted on 08/12/2011 6:45:38 PM PDT by doc1019 (You do not need a parachute to skydive. You only need a parachute to skydive twice.)
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To: tje
Is that legal?

No it is not legal per the FCC. To jam cell phones, you have to transmit 'white noise' on the frequencies used by the cell phones. Cell phone companies purchase the licenses for cell phones to operate, therefore if you jam the phones the cell phone companies can sue. Plus there is the unintended consequence of jamming phones that are trying to dial a 911 emergency.

16 posted on 08/12/2011 6:46:29 PM PDT by Traveler59 ( Truth is a journey, not a destination.)
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To: ThomasThomas
"If you have a cell phone 911 should work whether or not you have service."

You'd still have to have a cell signal. It appears that the city's approach was, probably necessarily, ham-handed in that they simply shut off the equipment. They have no access to the actual carrier's multiplexing equipment where they could in a more elegant manner turn off the exact services they wanted to. Hence the 911 interruption. I doubt if this is over...a significant test case may come from it.

17 posted on 08/12/2011 6:49:51 PM PDT by n230099 ("When no one knows who is armed...everyone is.")
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To: tje
I’ve been wondering how that can be done.

http://www.globalgadgetuk.com/

Comes in handy at movie theaters when the person behind me attempts to narrate the entire movie to his buddies. Cuts him off in under 10 seconds and leaves him with a "Out of Service Area" until I turn the jammer off.

18 posted on 08/12/2011 6:52:06 PM PDT by Traveler59 ( Truth is a journey, not a destination.)
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To: tje

To me the solution is to leave the service, but bring as much police force as necessary that is ready and willing to use their guns.


19 posted on 08/12/2011 7:01:09 PM PDT by GOP Poet (Obama is an OLYMPIC failure.)
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To: doc1019; goodwithagun
goodwithagun: Since cutting cell phone service stops rioters, then maybe we should rid the country of guns to stop gun violence.

doc1019:I'm fine with that, as long as you can get guns out of the hands of criminals first.

To doc1019: WTH??? I thought there was a RKBA. Period.

Explain your answer.

20 posted on 08/12/2011 7:21:10 PM PDT by Ken H
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