Obama signs executive order to allow shutdown of all US communications

[knight22]

Obama signs executive order to allow shutdown of all US communications
http://www.dailypaul.com/292060/obama-signs-executive-order-to-allow-shutdown-of-all-us-communications

Read this

[btceic]

If true this is really worrisome.

[Foxpup]

If true this is really worrisome.

Good thing it's not true, then. I just wasted 5 minutes of my life reading the order in question and it doesn't say a damn thing about giving the President (or anyone else) the power to shut down all (or even any) US communications. It's actually all about ensuring that government communications and emergency broadcasting systems etc. stay online during a crisis. That's all.

Where does all this bullshit news come from, anyway? Oddly enough, it doesn't come from RT (who are allegedly the source of this story); they don't say anything about the President being able to shut down US communications except for a single quote from EPIC (most likely taken out of context since it doesn't seem to refer to anything in this order, or even anything that's even news at all), though their version of the story is still sensationalistic (the President's "control" over private communications systems is limited to using them to broadcast emergency messages).

[Mike Christ]

...they don't say anything about the President being able to shut down US communications except for a single quote from EPIC (most likely taken out of context since it doesn't seem to refer to anything in this order, or even anything that's even news at all)

Pretty much hit the nail on the head.  I normally like RT but, as with all news providers, they'll do anything to get eyeballs, I suppose.  Only more evidence as to why one should trust no one.  Perusing over the bill, it's mostly about the government protecting its own intercommunication and how it's going to do it, and even ends with, to make sure nobody gets the wrong idea:

This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

If one needs confirmation that their government works against them, this isn't the place to look, unless government spending tax money gets you riled up, but I reckon there's a lot more the government does with its allotted cash which would rile feathers.

[TECSHARE]

"In explaining the order, the Electronic Privacy Information Center (EPIC) writes that the president has authorized the DHS "the authority to seize private facilities when necessary, effectively shutting down or limiting civilian communications." "

If anyone has a copy of the actual order I would love to read it.

[Foxpup]

If anyone has a copy of the actual order I would love to read it.

Here. Guess the White House Press Office must have missed the memo about how this was a "secretly unannounced move".

[Gabi]

"In explaining the order, the Electronic Privacy Information Center (EPIC) writes that the president has authorized the DHS "the authority to seize private facilities when necessary, effectively shutting down or limiting civilian communications." "

If anyone has a copy of the actual order I would love to read it.

This is worrysome.  

[RoadToHell]

Here are some excerpts from the order (The emphasis/bold was added by me):

Sec. 5.3. The Secretary of Commerce shall:
(d) develop plans and procedures concerning radio spectrum allocations, assignments, and priorities for use by agencies and executive offices;
(e) develop, maintain, and publish policies, plans, and procedures for the management and use of radio frequency assignments, including the authority to amend, modify, or revoke such assignments, in those parts of the electromagnetic spectrum assigned to the Federal Government; and
(f) administer a system of radio spectrum priorities for those spectrum-dependent telecommunications resources belonging to and operated by the Federal Government and certify or approve such radio spectrum priorities, including the resolution of conflicts in or among such radio spectrum priorities during a crisis or emergency.

Sec. 5.6. The Federal Communications Commission performs such functions as are required by law, including:
(a) with respect to all entities licensed or regulated by the Federal Communications Commission: the extension, discontinuance, or reduction of common carrier facilities or services; the control of common carrier rates, charges, practices, and classifications; the construction, authorization, activation, deactivation, or closing of radio stations, services, and facilities; the assignment of radio frequencies to Federal Communications Commission licensees; the investigation of violations of pertinent law; and the assessment of communications service provider emergency needs and resources;

Sec. 7. General Provisions:
(b) Executive Order 12472 of April 3, 1984, as amended, is hereby revoked.
(f) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

On the face of it the overall order doesn't seem onerous.  I suppose the above excerpts, especially the bolded areas, could be seen as red flags.  However these are powers that the Commerce Dept. (sec 5.3) and the FCC (sec 5.6) have always claimed to have.  I don't know what Executive Order 12472 (Sec 7(b)) is, so that should probably be explored.

I think the only "danger" of this order is that it could be interpreted to mean that the various agencies have authority to put a system in place that would allow them to shut down or take control of radio & tv stations without the consent (or ability to block) of station owners/managers.  The same can be said of cell phone access and probably land-line phone access.  The Emergency Broadcast system already exists, but I don't think (could be wrong) it is in place at all radio and tv stations.

[wdmw]

Executive Order 12472 establishes the National Communications System.  Here are some excerpts.

Sec. 2. Executive Office Responsibilities.

(a) Wartime Emergency Functions.

The National Security Council shall provide policy direction for the exercise of the war power functions of the President under Section 606 of the Communications Act of 1934, as amended (47 U.S.C. 606), should the President issue implementing instructions in accordance with the National Emergencies Act (50 U.S.C. 1601).
The Director of the Office of Science and Technology Policy shall direct the exercise of the war power functions of the President under Section 606 (a), (c) - (e), of the Communications Act of 1934, as amended (47 U.S.C. 606), should the President issue implementing instructions in accordance with the National Emergencies Act (50 U.S.C. 1601).

Sec. 3. Assignment of Responsibilities To Other Departments and Agencies.

(a) Department of Commerce. The Secretary of Commerce shall, for all conditions of crisis or emergency:

Develop plans and procedures concerning radio spectrum assignments, priorities and allocations for use by Federal departments, agencies and entities; and
Develop, maintain and publish policy, plans, and procedures for the control and allocation of frequency assignments, including the authority to amend, modify or revoke such assignments, in those parts of the electromagnetic spectrum assigned to the Federal government.
(b) Department of Homeland Security. The Secretary of Homeland Security shall:

Plan for and provide, operate and maintain telecommunications services and facilities, as part of its National Emergency Management System, adequate to support its assigned emergency management responsibilities;
Advise and assist State and local governments and volunteer organizations, upon request and to the extent consistent with law, in developing plans and procedures for identifying and satisfying their national security or emergency preparedness telecommunications requirements;
Ensure, to the maximum extent practicable, that national security and emergency preparedness telecommunications planning by State and local governments and volunteer organizations is mutually supportive and consistent with the planning of the Federal government; and
Develop, upon request and to the extent consistent with law and in consonance with regulations promulgated by and agreements with the Federal Communications Commission, plans and capabilities for, and provide policy and management oversight of, the *Emergency Alert System, and advise and assist private radio licensees of the Commission in developing emergency communications plans, procedures and capabilities.

(* - Changed by Executive Order dated June 26, 2006 from Emergency Broadcast System to Emergency Alert System. )
(c) Department of State. The Secretary of State, in accordance with assigned responsibilities within the Diplomatic Telecommunications System, shall plan for and provide, operate and maintain rapid, reliable and secure telecommunications services to those Federal entities represented at United States diplomatic missions and consular offices overseas. This responsibility shall include the provisions and operation of domestic telecommunications in support of assigned national security or emergency preparedness responsibilities.

(d) Department of Defense. In addition to the other responsibilities assigned by this Order, the Secretary of Defense shall:

Plan for and provide, operate and maintain telecommunications services and facilities adequate to support the National Command Authorities and to execute the responsibilities assigned by Executive Order No. 12333; and
Ensure that the Director of the National Security Agency provides the technical support necessary to develop and maintain plans adequate to provide for the security and protection of national security and emergency preparedness telecommunications.
Nothing in this order shall be construed to impair or otherwise affect the authority of the Secretary of Defense with respect to the Department of Defense, including the chain of command for the armed forces of the United States under section 162(b) of title 10, United States Code, and the authority of the Secretary of Defense with respect to the Department of Defense under section 113(b) of that title.
(e) Department of Justice. The Attorney General shall, as necessary, review for legal sufficiency, including consistency with the antitrust laws, all policies, plans or procedures developed pursuant to responsibilities assigned by this Order.

(f) Central Intelligence Agency. The Director of Central Intelligence shall plan for and provide, operate, and maintain telecommunications services adequate to support its assigned responsibilities, including the dissemination of intelligence within the Federal government.

(g) General Services Administration. Except as otherwise assigned by this Order, the Administrator of General Services, consistent with policy guidance provided by the Director of the Office of Management and Budget, shall ensure that Federally owned or managed domestic communications facilities and services meet the national security and emergency preparedness requirements of the Federal civilian departments, agencies and entities.

(h) Federal Communications Commission. The Federal Communications Commission shall, consistent with Section 4(c) of this Order:

Review the policies, plans and procedures of all entities licensed or regulated by the Commission that are developed to provide national security or emergency preparedness communications services, in order to ensure that such policies, plans and procedures are consistent with the public interest, convenience and necessity;
Perform such functions as required by law with respect to all entities licensed or regulated by the Commission, including (but not limited to) the extension, discontinuance or reduction of common carrier facilities or services; the control of common carrier rates, charges, practices and classifications; the construction, authorization, activation, deactivation or closing of radio stations, services and facilities; the assignment of radio frequencies to Commission licensees; the investigation of violations of pertinent law and regulation; and the initiation of appropriate enforcement actions;
Develop policy, plans and procedures adequate to execute the responsibilities assigned in this Order under all conditions or crisis or emergency; and
Consult as appropriate with the Executive Agent for the NCS and the NCS Committee of Principals to ensure continued coordination of their respective national security and emergency preparedness activities.

http://www.ncs.gov/library/policy_docs/eo_12472.html

[RoadToHell]

Executive Order 12472 establishes the National Communications System.  Here are some excerpts.

  <long quote removed/>

http://www.ncs.gov/library/policy_docs/eo_12472.html

Thanks!

So it would seem that perhaps the new order is an update that supersedes 12472.

[wdmw]

It seems that this is better than what its replacing.  My understanding of the previous Executive Order, from my brief reading, is that in wartime/emergency, the agents of the federal government take over the airwaves at their discretion.  I'm sure there is more context though that I haven't found yet.

[TiagoTiago]

What is the difference between replacing any communication from the people with communication from the government, and shutting down?

[Nik1ab]

Anyone else think that Obama has gone pretty insane?

[Mike Christ]

Anyone else think that Obama has gone pretty insane?

I'm pretty sure most politicians are sociopaths; the point is to hide it with a smile and great hair

[Nik1ab]

Anyone else think that Obama has gone pretty insane?

I'm pretty sure most politicians are sociopaths; the point is to hide it with a smile and great hair

You mean that normal insanity, but I mean way greater insanity 

[TheButterZone]

Anyone else think that Obama has gone pretty insane?

"Insanity: doing the same thing over and over again and expecting different results." - Albert Einstein

As a sociopath in government (like most politicians), Obama knows that he can do the same things over and over (evil acts) and get the same results (no punishment whatsoever).

[Nik1ab]

True words...