Bill to Limit Presidential Internet Kill Switch Proposed

Two members of Congress, representing both major U.S. political parties, are collaborating on proposed legislation designed to restrict the president’s authority to unilaterally disconnect internet access. While this might not appear to be an immediate concern, the recent instances of federal law enforcement detaining demonstrators in unmarked vehicles suggest the importance of proactive oversight.

Currently, the president possesses the power, stemming from Section 706 of the Communications Act, to order the disruption of certain communication systems during an emergency. Although this provision was likely originally conceived to prioritize essential communications like official phone calls in a national crisis, it could potentially be employed today to suppress demonstrations and public dissent, mirroring actions observed in authoritarian governments globally.

The Preventing Unwarranted Communications Shutdowns Act, introduced by Representative Anna Eshoo (D-CA) and Representative Morgan Griffith (R-VA), does not eliminate this presidential power, but instead introduces multiple levels of accountability surrounding its use.

Specifically, the bill would confine the application of Section 706 to situations involving an “imminent and specific threat to human life or national security.” This prevents its activation in response to broader, less defined “threats,” such as large-scale protests that might overwhelm local law enforcement capabilities.

The legislation also mandates that the president notify key government leaders, including members of the opposition party, prior to any shutdown, with a maximum delay of 12 hours—beyond which any such action would be unlawful. Furthermore, any shutdown would automatically terminate after 48 hours unless a three-fifths majority of Congress votes to extend it.

The U.S. government would also be required to provide financial compensation to both service providers and customers for any economic losses resulting from the shutdown. The total cost of this compensation could be substantial, depending on the method of calculation.

Finally, the Government Accountability Office would be obligated to conduct a comprehensive report following each instance of Section 706 being invoked, thoroughly investigating all aspects of the situation.

The prospects for this bill’s enactment into law remain uncertain, as is the case with much legislation in the current political climate. However, bipartisan efforts to limit potential infringements on civil liberties by the executive branch are likely to gain traction following recent federal actions during the summer months.

The bill has already garnered support from prominent figures, who have offered positive endorsements:

FCC Commissioner Jessica Rosenworcel: “Our nation’s laws are outdated and grant the president nearly unlimited authority over our communication networks during times of crisis or national emergency. I commend Congresswoman Eshoo for her legislation to modernize these laws and establish safeguards to ensure the internet remains accessible when it is needed most.”

Former Secretary of Homeland Security Michael Chertoff: “This legislation provides a much-needed check and balance on the President’s authority to shut down or significantly restrict internet communication under the pretense of an emergency.”

Former FCC Chairman Tom Wheeler: “During an emergency, the operation of the internet rests with a single individual. Clearly defining this authority and adding congressional oversight would modernize an outdated statute for the digital era.”

Cybersecurity expert Bruce Schneier: “The Internet is vital infrastructure and must be shielded from politically motivated shutdowns. This bill helps to prevent the type of communication censorship that is becoming increasingly common in other countries from occurring in the U.S. It introduces necessary procedures and checks and balances to an authority that is currently exercised without clear guidelines.”

Further details about the bill, including the complete text, are available here.