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Court: Homeland Security Must Disclose ‘Internet Kill Switch’
Washington Free Beacon ^ | 11/13/2013 | CJ Ciaramella

Posted on 11/13/2013 7:04:46 PM PST by markomalley

The Department of Homeland Security (DHS) must disclose its plans for a so-called Internet “kill switch,” a federal court ruled on Tuesday.

The United States District Court for the District of Columbia rejected the agency’s arguments that its protocols surrounding an Internet kill switch were exempt from public disclosure and ordered the agency to release the records in 30 days. However, the court left the door open for the agency to appeal the ruling.

The Electronic Privacy Information Center (EPIC) is seeking “Standard Operating Procedure 303,” also known as the “Internet kill switch” from Homeland Security. The protocols govern shutting down wireless networks to prevent the remote detonation of bombs.

The broad government power to shut down communications networks worries civil libertarians. However, the agency argues the protocols must be kept secret to protect national interests and the safety of individuals.

EPIC filed a FOIA request for the protocols in July 2012. The Department of Homeland Security originally said it could not find any records on the kill switch.

After EPIC appealed, the agency located the protocol, but redacted nearly all of the information. The agency cited exemptions that allow the withholding of information that could “disclose techniques and procedures for law enforcement investigations or prosecutions” or “could reasonably be expected to endanger the life or physical safety of any individual.”

The court said Homeland Security wrongly claimed that it could withhold Standard Operating Procedure 303 as a “technique for law enforcement investigations or prosecutions.”

The court also found that interpreting a safety exemption to “encompass possible harm to anyone anywhere in the United States within the blast radius of a hypothetical unexploded bomb also flies in the face of repeated Supreme Court direction to read FOIA exemptions narrowly.”

While the court rejected the agency’s broad interpretation of FOIA exemptions, it left the door open for further appeals by Homeland Security. The agency has 30 days to release the protocols to EPIC, but the court issued a 30-day additional stay on its opinion to allow the agency time to appeal.


TOPICS: Crime/Corruption; Front Page News; Government
KEYWORDS: areyoupluggedin; dhs; internet; obamunism; thoughtcontrol; tyranny
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1 posted on 11/13/2013 7:04:46 PM PST by markomalley
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To: markomalley; All
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2 posted on 11/13/2013 7:07:20 PM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: markomalley
Duh... subverting DNS servers is the fastest, easiest way to shut down the internet. Who runs their own DNS servers? hehe...

And there isn't any push to do distributed DNS in the underground... is there?

And seriously... Protocol 303? Watch spy movies much?

/johnny

3 posted on 11/13/2013 7:09:39 PM PST by JRandomFreeper (Gone Galt)
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To: ShadowAce

gnip


4 posted on 11/13/2013 7:10:23 PM PST by JRandomFreeper (Gone Galt)
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To: JRandomFreeper

Here is smuggled picture of the secret device

5 posted on 11/13/2013 7:14:02 PM PST by USNBandit (sarcasm engaged at all times)
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To: USNBandit

6 posted on 11/13/2013 7:15:15 PM PST by dfwgator (Fire Muschamp.)
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To: markomalley
The protocols govern shutting down wireless networks to prevent the remote detonation of bombs.

What has that got to do with the internet ? Isn't that more to do with cell phone towers? The only thing I can see is if the explosive is connected to a compute itself. Even then, it would not be the wireless network you shut down. Is that even possible ? I can see jamming the signals, but "shutting" down a wireless network ?

7 posted on 11/13/2013 7:17:40 PM PST by TheCipher (Suppose you were an idiot and suppose you were a member of Congress. But I repeat myself- Mark Twain)
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To: TheCipher

The excuse they use is they are protecting us fro “terroists” who can activate bombs thru the internet but what they really want to do is keep us from communicating with each other when they start thier ball rolling


8 posted on 11/13/2013 7:23:45 PM PST by ronnie raygun
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To: TheCipher
What has that got to do with the internet ?

Hey, the gummint knows it only has to hang up the receiver:


9 posted on 11/13/2013 7:28:13 PM PST by freedumb2003 (Fight Tapinophobia in all its forms! Do not submit to arduus privilege.)
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To: JRandomFreeper

Just give me some replacement addresses for root hints, and I’m in... Problem is, who’s gonna tell all the nodes and routers between here and there?


10 posted on 11/13/2013 7:32:29 PM PST by Alas Babylon!
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To: freedumb2003

They are already testing the system on a website called Healthcare.gov and the shutdown system appears to be extremely effective.


11 posted on 11/13/2013 7:32:52 PM PST by USNBandit (sarcasm engaged at all times)
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To: 2nd amendment mama

Ping!


12 posted on 11/13/2013 7:37:23 PM PST by basil (2ASisters.org)
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To: ronnie raygun

Yes. Just like in any banana republic or dictatorship.


13 posted on 11/13/2013 7:38:28 PM PST by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: freedumb2003
Dear God... 300 baud acousic coupled on a rotary dial POTS. I've done that. On a pay phone with a genset running in the trunk of a Lincoln Mark IV and a VT-100 in the back seat.

Backed up into a Quiky-Mart parking lot.

Ack... that sounds like a very old and very bad novel.

/johnny

14 posted on 11/13/2013 7:40:54 PM PST by JRandomFreeper (Gone Galt)
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To: USNBandit
They are already testing the system on a website called Healthcare.gov and the shutdown system appears to be extremely effective.

You forget, they're a lot better at wrecking something than at making it work.

15 posted on 11/13/2013 7:43:02 PM PST by Carry_Okie ("Single payer" is Medicaid for all; they'll pull the sheet over your head when you're done.)
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To: markomalley; COUNTrecount; Nowhere Man; FightThePower!; C. Edmund Wright; jacob allen; ...

Nut-job Conspiracy Theory Ping!

To get onto The Nut-job Conspiracy Theory Ping List you must threaten to report me to the Mods if I don't add you to the list...

16 posted on 11/13/2013 7:53:03 PM PST by null and void (I'm betting on an Obama Trifecta: A Nobel Peace Prize, an Impeachment, AND a War Crimes Trial...)
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To: JRandomFreeper

A 500-D...


17 posted on 11/13/2013 7:53:47 PM PST by null and void (I'm betting on an Obama Trifecta: A Nobel Peace Prize, an Impeachment, AND a War Crimes Trial...)
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To: null and void
Remember when it was a felony to connect directly into Ma Bell's network? And we had to use acoustic modems?

I'm feeling retrospective. I think I'll listen to some 70s music.

/johnny

18 posted on 11/13/2013 7:58:25 PM PST by JRandomFreeper (Gone Galt)
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To: JRandomFreeper

Strawberry Alarm-clock?


19 posted on 11/13/2013 8:00:17 PM PST by null and void (I'm betting on an Obama Trifecta: A Nobel Peace Prize, an Impeachment, AND a War Crimes Trial...)
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To: Carry_Okie

“We’re from the government. If you don’t like our problems, just wait until you see our solutions....”


20 posted on 11/13/2013 8:11:02 PM PST by USNBandit (sarcasm engaged at all times)
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