Not only is the reaction to this [Executive Order] wildly over the top in some corners, but the Executive Order itself is nothing more than a restatement of policy that has been in place in decades and grants no authority to the President or the Cabinet that they don't already have under existing law.
The Defense Production Act has been in effect since the Truman Administration, and authorizes the President to direct private business to allocate resources to national defense as needed in a time of national emergency. Since the end of the Cold War, if not before, the Act has been used primarily to use DOD contracting practices to direct investment in new technologies that would be used for defense purposes, however it still requires the Executive Branch to at least plan for the possibility of allocating resources for national defense in the event of a national emergency in much the same way that rationing was implemented during World War II. Now, fortunately, we have not faced a national emergency of that type in the 50-odd years that the DPA has been in effect but that doesn't mean that such an eventuality, brought about by either international crisis or natural disaster, should not be planned for. Despite that it was released as part of the "Friday Document Dumps" that have become all too common in official Washington, that appears to be all that this Executive Order is about.
---------- Original Message ----------
From: "Darryl Widman" <auditron@juno.com>
To: <B.Bascom@hotmail.com>, <sbarc-list@lists.netlojix.com>
Cc:
Subject: Re: [Sbarc-list] Obama Signs Executive Order to Allow Shut Down ofAll US Communications
Date: Fri, 12 Jul 2013 16:33:44 -0700
Hello Bob,
Thank you for keeping us all on our toes! I was wondering what RT meant. Now
we all know. Wikipedia says that RT means Russia Today.
Now I feel much better.
Darryl, KF6DI
----- Original Message -----
From: "Bob Bascom" <B.Bascom@hotmail.com>
To: <sbarc-list@lists.netlojix.com>
Sent: Friday, July 12, 2013 8:16 AM
Subject: Re: [Sbarc-list] Obama Signs Executive Order to Allow Shut Down of
All US Communications
Thank you for the news.
I'm wondering how the president's order may have changed the laws already
previously in effect, and how any new changes may possibly affect radio
amateur
operators or their stations.
The news source that started this hysterical uproar, RT, is the Russian
Times.
The date on the executive order
<http://www.whitehouse.gov/the-press-office/2012/07/06/executive-order-assignment-national-security-and-emergency-preparedness-#.T_sYsRJrreM.twitter>
is July 06, 2012.
Below are the results of brief research:
<http://gcn.com/articles/2010/06/28/n...lins-bill.aspx>
"Contrary to what's being widely and incorrectly reported in a number of
media
outlets, there is no kill switch in the Lieberman-Collins-Carper
cybersecurity
bill (S 3480) that would give the President of the United States new powers
to
shut down critical networks. But there is one already on the books in the
Telecommunications Act. of 1934.
The Lieberman-Collins bill just authorizes standard filtering like that done
by
Internet service providers every day, but in a nationally-coordinated
fashion.
The only kill switch appears to be in Section 706 of the Communications Act
of
1934 that already gives the President the power in a time of national
security
emergency to shut down or disrupt network traffic."
Here is the wording from Section 706 (c) of the Communications Act of 1934:
<http://www.fcc.gov/Reports/1934new.pdf>
"Upon proclamation by the President that there exists war or a threat of
war,
or a state of public peril or disaster or other national emergency, or in
order
to preserve the neutrality of the United States, the President, if he deems
it
necessary in the interest of national security or defense, may suspend or
amend, for such time as he may see fit, the rules and regulations applicable
to
any or all stations or devices capable of emitting electromagnetic
radiations
within the jurisdiction of the United States"
It's not like the shutdown of radio communications has no precedent in
history.
<http://transition.fcc.gov/omd/history/radio/quality.html>
In 1917, when the U.S. entered WWI, as a result of powers given to it by
the Radio Act of 1912 (a law motivated in part by the Titanic disaster),
the federal government shut down all private radio operations in the
United
States.
<http://earlyradiohistory.us/sec013.htm>
all amateur and commercial use of radio came to an abrupt halt on April
7,
1917 when, with the entrance of the United States into World War One,
most
private U.S. radio stations were ordered by the President to either shut
down or be taken over by the government, and for the duration of the war
it
became illegal for private U.S. citizens to even have an operational
radio
transmitter or receiver -- in fact, it was Treason to Possess Wireless
Stations according to one zealous city manager, reported on the front
page
of the April 23, 1917 San Jose Evening News.
<http://ac6v.com/history.htm>
June 1940, the US invoked the Telecommunications Convention prohibiting
US
amateurs from contacting hams elsewhere; at the same time all portable
and
mobile operation below 56 MHz was banned (except the ARRL Field Day). At
the request of the ARRL, the ban was modified to allow the League's
Emergency Corps to continue work on the lower frequencies for training
and
drills. All licensees were required to send a set of fingerprints, a
photo,
and proof of citizenship to the FCC.
December 7, 1941, the US entered the war; hams were immediately ordered
to
go QRT.
After VJ Day in 1945, hams were given authorization to begin operating
again on the 2 1/2 meter band, on a shared basis with WERS. WERS was
terminated in mid-November. By the 15th of that month, the FCC released
bands at 10, 5, and 2 meters for amateur use. The post-war era of
amateur
radio had commenced.
On Thu, 11 Jul 2013 23:07:27 -0700, "Darryl Widman" <auditron@juno.com>
wrote:
>
>Subject: Obama Signs Executive Order to Allow Shut Down of All US
>Communications
>
>
>Obama Signs Executive Order to Allow Shut Down of All US Communications
>Posted on July 11, 2013 by V2A
>
>
>RT has reported that in a secretly unannounced move, President Barack Obama
>signed an executive order giving the Department of Homeland Security the
>ability to shut down all of the United States' communications systems upon
>his request. Barack Obama laid out a statement he titled "Assignment of
>National Security Emergency Preparedness Communications Function". No doubt
>a very confusing title. The reasoning behind his issuing of this executive
>order, is that he feels the government may one day need to access all of
>our telephones, computers, cable communications, etc., in the name of
>national security.
>"The Federal Government must have the ability to communicate at all times
>and under all circumstances to carry out its most critical and time
>sensitive mission."
>
>Post Continues on www.examiner.com
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