Rosenworcel Warns of Potential Future Presidential Abuse of Communications Act Section 706
FCC Commissioner Jessica Rosenworcel said lawmakers should amend Communications Act Section 706 to prevent potential future abuse of World War II-era language that “allows the president to shut down or take control of ‘any facility or station for wire communication’…
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if he proclaims ‘that there exists a state or threat of war involving the United States.’” Current law allows suspension of wireless service “not only in a ‘war or threat of war’ but merely if there is a presidential proclamation of a ‘state of public peril’ or simply a ‘disaster or other national emergency,’” Rosenworcel said during a Tuesday speech at the State of the Net conference. “There is no requirement in the law for the president to provide any advance notice to Congress.” The Section 706 language “is undeniably broad,” she said. “If a sitting president wants to shut down the internet or selectively cut off a service, all it takes is an opinion from his attorney general that Section 706 gives him the authority to do so. That’s alarming. Because if you believe there are unspoken norms that would prevent us from using Section 706 this way, let me submit to you that past practice may no longer be the best guide for future behavior. Norms are being broken all the time in Washington and relying on them … is not the best way to go.” DOJ didn't immediately comment.