It only took one sentence for the United States Court of Appeals to keep the federal government’s emergency plan to disable cellular service a secret. It was a very long sentence, but it got the job done.
This ruling reinforces the Department of Homeland Security’s attempts to block Freedom of Information Act requests that it feels will endanger public safety.
“Upon consideration of appellee’s petition for rehearing en banc, the response thereto, and the absence of a request by any member of the court for a vote, it is ordered that the petition be denied,” the appeals court said, upholding its earlier decision in February.
The fuss revolves around a policy called Standard Operating Procedure 303, which is “a shutdown and restoration process for use by commercial and private wireless networks in the event of a national crisis,” according to the IT Law Wiki. The Electronic Privacy Information Center (EPIC) brought the suit after San Francisco officials blocked cellphone service to prevent a protest in 2011.
An earlier court found in favor of EPIC, and then the Department of Homeland Security appealed and won, so EPIC has been appealing that appeal, which brings us up to today’s ruling.
This ruling does not just apply to SOP 303, but to all Freedom of Information Act requests, which EPIC fears will “allow federal agencies to routinely withhold records subject to disclosure where the agency merely asserts a speculative security risk.”
Evan Killham is a freelance writer who lives in Nebraska and isn’t interested in football, so he has plenty of time to play and think about video games. He has written for Bitmob and GamesBeat and sometimes, he even goes outside. But not too often because he’s heard there are bees out there. Occasionally, companies send free units for review. Evan subscribes to Cult of Mac’s Reviews Policy and also does not keep the items he receives for possible coverage.
12 responses to “Court keeps cellphone network ‘kill switch’ a secret”
People who attempt to overthrow the government get executed if they’re lucky.
Bullshit! A member of my own family took part in a coup and was executed; his name was then erased from memory. If you want to espouse violent overthrow of governments, be my guest.
Thats it in a ball of Wax, you play Ball or you get the Bat!
Because our government is perfectly fine.
The PROBLEM is the domestic enemies of, traitors to, the USA that SERVE within it.
I can see that you do not understand our Constitutional republic – NOT a democracy for those of you who think it is. Let me enlighten you.
The US Constitution is (basically) the government. It defines it and assigns the different authorities/duties to the different branches – the people, the state, the general (federal).
We owe NO allegiance to the people who serve whatever position they occupy, ONLY to the US Constitution. Those people are put into place to carry out the duties assigned to the BRANCH.
This quote by J. Reuben Clark might clarify things better: “God provided that in this land of liberty, our political allegiance shall run not to individuals, that is, to government officials, no matter how great or how small they may be. Under His plan our allegiance and the only allegiance we owe as citizens or denizens of the United States, runs to our inspired Constitution which God himself set up.
So runs the oath of office of those who participate in government.
A certain loyalty we do owe to the office which a man holds, but even here we owe just by reason of our citizenship, no loyalty to the man himself.
In other countries it is to the individual that allegiance runs. This principle of allegiance to the Constitution is basic to our freedom. It is one of the great principles that distinguishes this “land of liberty” from other countries”.
Alexander Hamilton: “If it be asked, What is the most sacred duty and the greatest source of our security in a Republic? The answer would be, An inviolable respect for the Constitution and Laws – the first growing out of the last… A sacred respect for the constitutional law is the vital principle, the
sustaining energy of a free government.”
Within the general (federal) it splits it into three separate branches, assigning the duties to each branch that may not be given, traded, sold, or assigned to another.
For example: laws, regulations, etc can ONLY be created by the legislative branch, and any that affects the people MUST be created by those elected themselves – though they are ALLOWED to have assistants to do research, etc – to be lawful here in the USA, and the other requirement is that they be” in Pursuance thereof” (follow) the US Constitution.
If they do not meet those requirements they are NOT binding on the people. That does not mean that there are not either ignorant, or willfully working to destroy our legitimate government, people out there who will enforce those “color of law”, pretend laws, created by those willing to misuse of authority made possible only because wrongdoer is seen as having the authority of state.
The state governments are also divided up into three branches though they KEPT their sovereignty as equals, they are constitutionally required to be a republican form of government for they too are under the US Constitution and all that is in Pursuance thereof it.
Just an FYI; The opinion in Mack and Printz v. United States stated, “The Framers rejected the concept of a central government that would act upon and through the States, and instead designed a system in which the State and Federal Governments would exercise concurrent authority over the people. The Federal Government’s power would be augmented immeasurably and impermissibly if it were able to impress into its service – and at no cost to itself – the police officers of the 50 States… Federal control of state officers would also have an effect upon the separation and equilibration of powers between the three branches of the Federal Government itself.”
Oh yeah, the peoples position within this constitutional republic.
If you read the US Constitution you will notice that Preamble to the US Constitution summarizes the US Constitution. It says;
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
The Preamble to the US Constitution says who is responsible for doing certain things within our nation. Notice that it does not mention at all anyone one or any position found within the federal or state governments when it assigns those duties. It is “We the People of the United States” who are to:
– – “establish Justice”
– – “insure domestic Tranquility”
– – “provide for the common defence”
– – “promote the general Welfare”
– – “secure the Blessings of Liberty to ourselves and our Posterity”
Also within the US Constitution, under what is called the Bill of Rights which was added to clarify specific things that were NOT under the jurisdiction of either the state or federal governments. That it placed FURTHER limitations on those who serve within our governments is made clear in the Preamble to the Bill of Rights.
“… THE Conventions of a number of the States, having at the time of their
adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.”
There are also specific duties listed there that are the tools of the people and NO ONE ELSE.
Also notice that the Second Amendment has a word that is found nowhere else within the US Constitution. That word is “necessary”.
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
The Militia is a tool of the people. Those that serve within our governments were, and still ARE, FORBIDDEN to create a standing (permanent) military and FORBIDDEN to create governmental professional law enforcement agencies.
They are REQUIRED to use the Militia so that a “police” state could never be formed and used against the people as they have always been used throughout history.
Tench Coxe: “Congress have no power to disarm the militia. THEIR SWORDS, AND EVERY OTHER TERRIBLE IMPLEMENT OF THE SOLDIER, ARE THE BIRTHRIGHT OF AN AMERICAN… THE UNLIMITED POWER OF THE SWORD IS NOT IN THE HANDS OF EITHER THE FEDERAL OR STATE GOVERNMENT, BUT, where I trust in God it will ever remain, IN THE HANDS OF THE PEOPLE”. (caps are mine, and now you truly understand that “gun control” means arming (Clause 16) and training the people so that they can perform their constitutional assigned duties.)
The federal government has only these crimes assigned to those that serve within it in by the US Constitution for law enforcement purposes are Treason, Piracy, Counterfeiting, and International law violations. They are REQUIRED to use the Militias when needed. The same for the Governors of each state, they are both REQUIRED to use the Militias to:
— Enforce the US Constitution and all that is in Pursuance thereof it (supreme law and each state’s Constitution Highest state law except where it conflicts with the US Constitution which is rarely)
— Enforce and keep the “Laws of the Union” (which are constitutional laws ONLY),
— Protect the country against all enemies both domestic and foreign, and
— “to suppress Insurrections and repel Invasions”.
No one else can LAWFULLY here in America do those things unless they are under the Oath to support and defend the US Constitution and KEEPING IT. It
is ONLY every state’s Militia that is the ONLY Constitutionally assigned force to “counter Invasions” and “Domestic Violence” within our nation.
The Militia, the people themselves, are required to be trained as the congress requires the US Military to train so that they can defend their nation if need be until a US military is raised from the already trained Militias.
US Constitution, Article I, Section. 8, Clause 11: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”.
This is using private citizens in their own privately owned crafts to defend the USA and her people, this is using the Militia.
Clause 12 specifies that there shall be no military beyond that of two years. The Militia of each state is charged with our nations defense here within the USA until and unless the congress has declared war and a “standing” military is raised:
“To raise and support Armies, but no Appropriation of Money to that Use
shall be for a longer Term than two Years”.
James Madison: “The power to declare war, including the power of judging the causes of war, is fully and exclusively vested in the legislature … the
executive has no right, in any case, to decide the question, whether there is or is not cause for declaring war.”
George Washington, having been a General and the First US President: “The constitution vests the power of declaring war in Congress; therefore no offensive expedition of importance can be undertaken until after they shall have deliberated upon the subject and authorized such a measure.”
Rep. Elbridge Gerry of Massachusetts, floor debate over the Second Amendment; I Annals of Congress at 750, August 17, 1789: “What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty… Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins.”
Richard Henry Lee: “A militia, when properly formed, are in fact the people
themselves… and include all men capable of bearing arms.”
Richard Henry Lee, 1788, Initiator of the Declaration of Independence, and member of the first Senate, which passed the Bill of Rights: “Whereas, to preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them; nor does it follow from this, that all promiscuously must go into actual service on every occasion.”
War defined: ‘Open and declared conflict between the armed forces of two or more states or nations’
(No ‘War on terror or drugs is a reality, just deception of the highest order and *Treason and **Terrorism against the American people by those who serve within our governments.)
Clause 15: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel invasions.”
This clause is very straightforward. The militia of each state is taxed with the defense of the USA and her people, not just with the defense of their state; and they are to be armed with weapons that can repel any invasions bearing modern weapons of war. Congress is required to provide those military grade weapons for the militias in Clause 16. They are NOT allowed to give/sell/trade military armament to any foreign nation, foreign entity, foreign terrorist or ‘rebel’, nor to any US law enforcement agency.
Clause 16: “To provide for organizing, ARMING, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of
the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”.
Then there is also the Grand Jury, another of the peoples tools to keep those who serve within our governments following the contract(s) they are under, and the Laws of OUR land.
““The grand jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It has not been textually assigned, therefore, to any of the branches described in the first three Articles. It is a constitutional fixture in its own right. In fact the whole theory of its function is that it belongs to no branch of the institutional government, serving as a kind of buffer or referee between the Government and the people”.
“Thus, citizens have the unbridled right to empanel their own grand juries and present “True Bills” of indictment to a court, which is then required to commence a criminal proceeding. Our Founding Fathers presciently thereby created a “buffer” the people may rely upon for justice, when public officials, including judges, criminally violate the law.” (Misbehavior, “Good Behaviour” requirement)
“The grand jury is an institution separate from the courts, over whose functioning the courts do not preside, we think it clear that, as a general matter at least, no such “supervisory” judicial authority exists. The “common law” of the Fifth Amendment demands a traditional functioning grand jury.”
“Although the grand jury normally operates, of course, in the courthouse and
under judicial auspices, its institutional relationship with the judicial branch has traditionally been, so to speak, at arm’s length. Judges’ direct involvement in the functioning of the grand jury has generally been confined to the constitutive one of calling the grand jurors together and administering their oaths of office.
The grand jury’s functional independence from the judicial branch is evident both in the scope of its power to investigate criminal wrongdoing, and in the manner in which that power is exercised.”
“The grand jury ‘can investigate merely on suspicion that the law is being violated, or even because it wants assurance that it is not.’ It need not identify the offender it suspects, or even “the precise nature of the offense” it is investigating. The grand jury requires no authorization from its constituting court to initiate an investigation, nor does the prosecutor require leave of court to seek a grand jury indictment. And in its day-to-day functioning, the grand jury generally operates without the interference of a presiding judge. It swears in its own witnesses and deliberates in total secrecy.”
“Recognizing this tradition of independence, we have said the 5th Amendment’s constitutional guarantee presupposes an investigative body ‘acting independently of either prosecuting attorney or judge”
“Given the grand jury’s operational separateness from its constituting court, it should come as no surprise that we have been reluctant to invoke the judicial supervisory power as a basis for prescribing modes of grand jury procedure. Over the years, we have received many requests to exercise supervision over the grand jury’s evidence-taking process, but we have refused them all. “it
would run counter to the whole history of the grand jury institution” to permit an indictment to be challenged “on the ground that there was incompetent or inadequate evidence before the grand jury.” (and it would be unlawful) Justice
Antonin Scalia writing for the majority said In the Supreme Court case of United States v. Williams, 112 S.Ct. 1735, 504 U.S. 36, 118 L.Ed.2d 352 (1992)
Basically the problem we have is that “We the People of the United States” did not do our duty to oversee those we put into serve within our governments properly. We did not remove the corrupt of any branch. We did not investigate and prosecute. We most certainly did not train and organize our Militias so that they could be used as Constitutionally required so that a “police state” could not be created within our country.
We must remove – charge and prosecute those deserving of such – and replace all who serve within our governments – state and federal – as those currently serving do not even know the US Constitution and state Constitution which are the contracts and grants of the authority that comes with the branch that they serve within; all put into writing for them to easily follow. They most certainly are going way beyond any authority granted to the POSITION they occupy temporarily, even if it is a Long temp position.
It is not overthrowing our government, it is removing by whatever means necessary those who are domestic enemies and/or traitors to/of the USA and the American people.
So I hope this assists you in understanding the true problem is corrupt people who must be removed, and corrupted elections by those people – Election Fraud to silence the peoples voice.
Wasn’t that wonderful! how it was set up Until Shadow Governments Took over Elite Big Corps (5) we no longer can look to the save-Nets of our forefather’s All is a masked deception now, that is why we have a pres that is not legal, put in by these that control all, I know it sad, & I was heart broken when my eyes were opened to the Truth, it’s out there in the land of the truth if you seek to know the real truth In Jesus Name
“… the traitors who would subvert it either hang…”
That is why I believe they changed this:
Title 18 U.S. Code section 2381: “When in the presence of two witnesses to the same overt act or in an open court of law if you fail to timely move to protect and defend the constitution of the United States and honor your oath of office you are subject to the charge of capital felony treason, and upon conviction you will be taken by the posse to the nearest busy intersection and at high noon hung by the neck until dead…The body to remain in state till dusk as an example to anyone who takes his oath of office lightly.”
To this:
Title 18 U.S. Code section 2381: “Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.”
Personally, I believe we need to change it back. /big grin
This kill switch is a violation of the First Amendment right to Freedom of Speech and Freedom to Assemble. There is no law that overrides those rights. There cannot be, because under the Supreme Court Decision Marbury vs Madison, laws repugnant to the Constitution are automatically null and void. Thus, some official in San Francisco pulled
the plug on the cell phone system just because they wanted to. By doing so, along with violation of one of the most basic rights Americans possess, they placed those Americans in emergency situations at risk from the loss of needed communications, plus caused untold economic harm to those Americans using their cell phones for business purposes during the outage. The responsible party needs to be removed from office and made PERSONALLY financially liable for the harm caused to life and property!
Their Oath makes them PERSONALLY responsible for their actions while in office.
Oh, and I agree.
Micheal, this is only the tip of the Ice-Burg They intend on shutt,ing the Internet down as well, it all goes dark when Jade-Helm 15 Roll’s Sept 15, they have a list & intend on using it to Grab & disappear Many radio show host’s & those out spoke on internet & other’s Hunter’s, Christians, Trucker’s, Biker, God& Country, speaker’s Preacher’s of God word welcome to the real world, its call Red-Hit List why 200 4-star Military were Purged out, they would not go against American people against pledge to protect.
No worries, revolution IS coming & IS needed.
Because too many people watch music awards shows, and as long as they have their bread & circuses to keep them happy & entertained, they won’t bother.
Fortunately, only a small segment of the population is needed to start another revolution.
The Govt is run by Elite Big Corp’s they control all of Govt, who is Pres, war’s fought, there is no Rep & Dem All the same party.