Court Orders DHS to Release "Internet Kill Switch" Plans
Court Orders DHS to Release "Internet Kill Switch" Plans
Though government almost sure to appeal, transparency advocates claim temporary victory over court ruling
- Jon Queally, staff writer
A federal court this week has ordered the Department of Homeland of Security to the secrecy and disclose details about the so-called "internet Kill Switch," that would allow the agency to "deactivate wireless communications networks" if it determined a localized or national crisis demanded such an action.
In the classicly-rendered case, DHS has argued that shutting down entire communication networks might be necessary in order to prevent the detonation of radio-controlled bomb or explosive device.
However, siding with the Electronic Privacy Information Center (EPIC), which brought a suit demanding more transparency for the DHS program known as "Standard Operating Procedure 303" (or SOP303), the federal judge at the US District Court for the District of Columbia ruled that because the release of the protocol could not reasonably be seen as harming law enforcement "investigative techniques or prosecutions" it's cit ed reasons for keeping the details of the program secret did not hold up.
The court said the goverment could appeal the case or be forced to hand over the details requested within 30 days.
Once the document is released, advocates will know exactly when and how the kill switch can be activated, and will be better equipped to mount an appeal if they feel the switch has been activated without sufficient cause. EPIC had previously filed for the document under a Freedom of Information Act request, but received a document so heavily redacted as to be unreadable. Thanks to the DC District Court, they'll now have the full text.
But will they?
Welcomed as win by EPIC the case is almost certainly to be appealed by the government. As the judge himself indicated, the court's ruling, "is no judgment on whether it is in the national interest for SOP 303 to be disclosed. If, in fact,the government believes release will cause significant harm, it has other options to pursue.”
That language is a strong indication that DHS will come back to claim that it can continue to guard the details of the "kill switch" by claiming that the program is of "vital national interest," an argument that courts in the post-9/11 era have been extremely hesitant to rule against.
http://www.commondreams.org/headline/2013/11/15-3
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