Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

San Francisco subway shuts off cell service to combat protest: Civil rights groups 'furious'

By | August 12, 2011, 5:01pm PDT

Summary: Part of San Francisco’s subway system’s cell and wireless service was cut off amid a rising protest. Civil rights and liberties groups are furious; the FCC is ‘concerned’.

BART — the Bay Area Rapid Transit subway system — is embroiled in a civil rights dispute, after it asked operators to shut down cell and wireless service in four downtown San Francisco subway stations, amid an upcoming protest.

Activists had planned to protest the fatal shooting of a member of the public by a BART police officer last Sunday.

To avoid a “civil disturbance during commute times” and “platform overcrowding and unsafe conditions”, BART opted to shut down the cell and wireless networks, after it was discovered that social media and phones were being used to organise the demonstration.

In a statement on the BART website:

“Organizers planning to disrupt BART service on August 11, 2011 stated they would use mobile devices to coordinate their disruptive activities and communicate about the location and number of BART Police.

A civil disturbance during commute times at busy downtown San Francisco stations could lead to platform overcrowding and unsafe conditions for BART customers, employees and demonstrators. BART temporarily interrupted service at select BART stations as one of many tactics to ensure the safety of everyone on the platform.”

Civil rights campaigners and civil liberties groups are particularly concerned regarding the possibility that this affected First Amendment constitutional rights.

BART makes clear that: “No person shall conduct or participate in assemblies or demonstrations or engage in other expressive activities in the paid areas of BART stations, including BART cars and trains and BART station platforms.”

In short, as one publication put it: once you’re through the fare gates, “free speech isn’t so free”.

Senior staff attorney, Kevin Bankston with the Electronic Frontier Foundation (EFF), a crucial member of the global civil rights and liberties campaign, highlighted that while BART did not employ phone blocking and jamming mechanisms — methods prohibited by the FCC — he had hoped and expected “that the FCC would have some serious questions for BART”.

However, hacktivist group Anonymous, has already started promoting ‘Operation BART’ on Twitter, suggesting the group could plan and action hacks against the subway system’s websites or operations.

This comes only days after British prime minister suggested the shutting down of cell and wireless services in areas affected by mass rioting.

London, and other major cities in the United Kingdom, was besieged by rioting over the past week, leading to a number of deaths and millions of pounds of damage.

Industry partners, including Facebook, Twitter and Research in Motion, will meet with the British home secretary shortly to discuss its roles and responsibilities during the riots.

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Topics

Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from CNN, the Huffington Post, AllThingsDigital, The Atlantic Wire and CBS News.

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hackers are the furthest thing from hero there is. the are selfish, egotist
wessonjoe 17th Aug
@Transdermal

ical, inconsiderate, moronic, bullies that go around trying to force their illegitimate moral anarchism on the rest of humanity.
they neither support or create the rule of law that is meant to be a sure foundation for the proper functioning of a peaceful society.
they flaunt their concern for petty practices in the face of threatening the safety and welfare of every other law abiding person.
they are a disease and a cancer on the skin of an orderly society and need to be removed.
the Force of a caring and just society needs to prevail over this hateful influence.
let the Truth prevail, fair and balanced.

happy
.
When your protest stops me from going to work, your right to free speech affects my free speech.
Protest those who have wronged you but take care to not hurt the bystanders. Allowing a flash mob in an underground station is a very bad idea.
You're absolutely correct!!! You want to protest, go get a permit!
Not just the public transportation: Private security in Malls would prefer some notice before a flash mob takes place.
@mschafer555 While we are at it, why don't we require arsonists to notify the fire department before they set forest fires, too?
@waasoo Yep! The right to free speech does not impose any obligation on anyone else to listen and the right to assemble does not include the right to impede the rights of others NOT to assemble but rather go about their own business.
Speech and assembly are protected rights. And while direct action and civil disobedience are not protected and may get people sent to jail and maybe disrupt your morning drive, it's a normal and healthy part of a functioning democracy.
@rgcustomer@...
30 days in jail plus a criminal record should deter most of the would-be martyrs.

And no, disorderly conduct is neither free speech, nor a normal part of a functioning democracy. If you have something to say, then say it, but don't harass the innocent.
@John L. Ries Heh;) Whenever I hear such a line, "don't harass the innocent", I remember the 19th century French terrorist telling the court, "There are no innocent bougeoisie".

Now I don't really recommend repeating his line or his attitude. But I do expect that the modern day counterpart, even non-terrorist counterpart, will answer your concern by pointing out that by standing by and doing nothing while all of our civil rights are being eroded, they are NOT "innocent".
@rgcustomer@...

Ya know, if you take out the "civil disturbance" stuff and only mention that the cell and wireless service was shutdown, this wouldn't even make the news. How is turning off a service endangering rights? I do not see how that took away the right to free speech and assembly.
@puterami@... Well, but just because you do not see how, does not mean that it didn't take away free speech.
0 Votes
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Sorry to inform you...
rmazzeo 15th Aug
@rgcustomer@... we're not part of a healthy, normal functioning democracy. Besides, your "right" to swing your arm is no longer a "right" when it meets my nose - if you're intelligent enought to follow the analogy. If not, I'll explain - the "right" to assembly & "free speech" stops when it affects those who are not part of that activity - you do not have a "right" to obstruct my right to my own free speech without my explicit permission. Also, free wireless communication is not a "right", it is a privelege. If it is abused, it can & should be taken away - period!
This sentence needs to be rewritten: ..."Activists had planned to protest the fatal shooting of a member of the public by a BART police officer on Thursday....".

So, was the man shot on Thursday? No, using the link in the article: http://articles.sfgate.com/2011-07-08/bay-area/29750147_1_bart-officer-police-officer-man-shot it reads, "...on the night of the shooting Sunday as being drunk and wearing a tie-dyed T-shirt and military-style fatigue pants...." ah, he was shot Sunday not Thursday.

So, without reading the linked article one is left to wonder, is the protest Thursday or was the shooting Thursday?
@RicD_ You're right -- sorry, fixed.
@zwhittaker
Thank you for your reply and change. Please allow me a bit of humor; was the police officer's name 'last Sunday' happy

Perhaps it could be written: Activists had planned to protest last Sunday's fatal shooting of a member of the public by a BART police officer.

Or,
Because of last Sunday's fatal shooting of a member of the public, activists planned a Thursday protest.

Okay, enough frivolity. Excuse me for butting in.

Cordially,
RicD
@RicD_ And look at the date on that article. It is July 6!
The propensity of governments to seek to control the free expression of their people is disgusting, whether in China or America...
@z2217

The fact that idiots in this day and age have such an sense of entitlement that they feel they have a "right" to act like idiots is equally disgusting.

I mean "seek to control the free expression of their people"??? Really?

Why, exactly? Because those people couldn't get service? Let's not forget... they're in a maze of underground concrete tunnels; not to mention in one of two cities notorious for having the worst cell phone service. Steve Jobs himself singled SF out on it.

Now, all of the sudden it's a violation of their right to free speech? Please.

Maybe everyone complaining about this should a) get over themselves b) get rid of their sense of entitlement, and c) if they want to protest, be better organized. There have been far more influential protests for things far more important, without the use of cell phones, facebook, or the internet.

Of course, those people also had the sense not to protest something like the shooting of someone who went after a cop with a knife.
@z2217 ...free wireless communication in a public place is not free speech. Any community has the right, & in this case, the responsibility, to shut off the ability to communicate electronically if it will cause a public safety hazard. Are you intelligent enough to know the difference between being allowed to access electronic communication in public as opposed to being able to speak freely in public? Think about it, maybe that light bulb will turn on...
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Crybaby blues
ScorpioBlue 16th Aug
Some people have really been spoiled by technology.

Wireless is not a right. It's a privilege BART provides to it's customers. They can turn it off whenever they feel like it.

You're probably too young to remember the days before wireless when you had to wait until the next stop in order to make a phone call. Not everything revolves around the last few years of the 21st Century, ya know.
I'm not quite understanding how their civil liberties were affected if their cell phones were shut off. They couldn't make calls or transfer data inside the BART system, nothing is stopping them from going outside to the street and making calls/using facebook. Cell phones are a service, not a right.
@LoverockDavidson - OMG. I actually agree with you on something!
@The Danger is Microsoft
That happens sometimes happy
@LoverockDavidson - I'm happy someone else brought this up. BART providing the additional cell phone enhancement is a perk for their riders. People always think that if they get something once, they're entitled to it always. That's not the case.

BART did not squash their free speech by shutting down their cell services. They just weren't going to get shot in the foot with their own gun.
@LoverockDavidson Did it ever occur to you that the civil rights groups put a lot more thought into this than you have?
with each comment you make?

Enjoying a civil right is not the same as having the privilege of abusing that civil right. Also, disrupting the rights of others while protesting, is not protected under the law. People might have the right of free speech, but that wouldn't allow them to yell "fire" in a crowded theater if the theater wasn't actually on fire.

Try to use a bit of common sense. Being so "liberal" in your interpretation of "rights" is not necessarily the best option for "all" concerned.
@mejohnsn
No it didn't because I don't believe that to be true.
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No free speech is being denide.
Mister Spock 13th Aug
No one is stopping protesters from saying what they want to say, and no one will be jailed for saying anything they wish to say.

Cell phone usage is not a right, it is a conveience. An employer has the right to restrict cell usage at work, as governments have the right to restrict cell phone usage on the road to better protect the public from distracted drivers.

If the Transit system wishes to stop a flash mob from endangering the public on their systems by shutting down their celluar system (a system they are not required to have, instead in place as a convienece to their riders) then it is in their rights.

A flash mob on a subway platform is a disaster waiting to happen, as someone will undoubtedly fall, or be pushed, into the path of a oncoming train.
plain
@Mister Spock - Again. Quite right. My guess is this will go to court and more wasted dollars spent. Pretty pathetic in my opinion.
@Mister Spock Totally agree with everything you mentioned on an ideological basis, but this action will be unlikely to curtail future gatherings due to "disruptive" technologies like mobile mesh networking, which does not rely on public infrastructure to propagate communications. In order to effectively shut down such networks (i.e. 802.11s), BART will have to resort to jamming, something the FCC frowns upon, regardless of its intended use.
Er, to those saying cell phone service is not a 'right'. The FCC says otherwise:

The operation of transmitters designed to jam or block wireless communications is a violation of the Communications Act of 1934, as amended ("Act"). See 47 U.S.C. Sections 301, 302a, 333. The Act prohibits any person from willfully or maliciously interfering with the radio communications of any station licensed or authorized under the Act or operated by the U.S. government. 47 U.S.C. Section 333
@jwggilb@...

First, BART didn't use "transmitters designed to jam or block wireless communications"

Second, what you are referring to is an amendment covering a criminal act, punishable by fines and incarceration. Nowhere is cell phone service referred to as a 'right' similar to free speech. (actually, even the FCC notes it as a "service", and as such is subject to disruption, outages, and revocation as deemed necessary by the agency providing said service)

http://transition.fcc.gov/eb/Public_Notices/DA-05-1776A1.html
@chmod 777 Thanks! i was about to post pretty much the same thing. Unfortunately, there will always be those that will argue the point no matter how wrong they are....
@jwggilb@...
shutting down the service is not jamming.
Read first, think second show how ... you are last
@jwggilb@... Your comment clearly does not apply. BART did nothing to jam nor block cell phone traffic. They simply turned off an added service they supply for the convenience of patrons. It is provided free of charge to the subway patrons, so no contract nor obligation is implied. Smart move by the transit authorities; one that may have prevented injuries.
@jwggilb@... the post clearly states that "BART did not employ phone blocking and jamming mechanisms ? methods prohibited by the FCC." They simply turned off their repeaters - which they are not required by law to operate at all!
@jwggilb@... If you read the article, BART didn't technically "jam" anything. They deactivated the system entirely, which is completely different.
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I would have done it a different way
John L. Ries 13th Aug
Surely BART employees could have been placed on the subway trains and stations ready and able to summon police as soon as disturbances started.
@John L. Ries

didn't need to happen in the first place.
if i know someone in my house is planning to get a wifi message to do something hurtful to me at a specific time on a certain day, i'm gonna turn my wireless router off too.
they will be waiting a long time.
no need to touch the person or their equipment, just my router.
just MY tech.
tell that bully he can't do that on my playground.
problem solved.

happy
.
The same folks that don't want others to smoke in public are the ones that squeal about things like this.
What a bunch of morons.
This is not oppression by the government but oppression from groups like this on the rest of us.
The courts have already said it is not free speech to yell fire in a crowded building and that fits here.
0 Votes
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When mobile-phone services are shut off
mhenriday Updated - 15th Aug
in countries in, say, North Africa and Southwest Asia, this is a terrible denial of human rights (see, e g, this other article in today's ZDNet : http://www.zdnet.com/blog/facebook/egyptian-activist-charged-with-inciting-violence-via-facebook/2621), but when it is done in underground stations in San Francisco on the USA's west coast, it's merely a question of protecting to the public's right to use the transport system unhindered. In the Bible-thumping US of A, it would seem, nobody reads Matthew 7:3-5 anymore....

Henri
@mhenriday

situations and it wouldn't be so clear now would it?
like abortion, marriage, religion, climate science, etc., etc., etc.
be careful who you are supporting here.
the Bible also says government is put here for our protection and should be respected.
where's the respect here?

happy
.
No person shall conduct or participate in assemblies or demonstrations or engage in other expressive activities in the paid areas of BART stations, including BART cars and trains and BART station platforms.

That means you need to arrest them after they protest. You can't shut everyone's phone off because some say they were going to do something illeagal. That's like saying someone is going to drive a car into a building today so disable all cars. Now everytime someone posts that they are going to do something stupid on Facebook we're going to have to shut down the Internet and all cell phones for a day. The end doesn't justify the means. George Orwell would be saying, "I told you so!"
@Extreme Kahuna I think you have your analogies a little wrong. The cell phone service providers were not blocked or interrupted in any way. The cell phone services that BART provides gives cell phone users additional enhancement to their service. Without BART, the tunnels are a dead zone. This is not part of their normal cell phone service but a perk from BART.

It's more like going into a store and buying a product, and then expecting to use their restroom. The store's purpose is to provide you goods. The restroom is a common perk that stores provide to their customers as a way to enhance the shopping experience. If the store doesn't have one or has it closed to the public, you need to go somewhere else.

These people could've gone above ground to use their cell phones. BART was justified.
@EvieMarie

Except for the fact that the sevice has been up and running and is expected by the paying customers as part of their fare. It is part of their service. That's like saying if your cell phone provider could just shut down any towers that they installed after you started your contract with them. Trust me if someone would have had a medical problem on one of the cars and they couldn't make an emergency cell call there would be a lawsuit. Plus they are funded by state and federal funds that means the cell boasters are part of the infrastructure. You're missing the whole point which is, if a few people are going to misuse the system punish those people not everyone. A better analogy would be to say a public park with a public restroom paid for by taxpayers and park visitors money shuts all their restrooms off to everyone because they heard someone was planning on taking a piss on the floor. I mean after all they could just go pee outside the park. They are not justified to turn off somethng I paid for because someone said they might abuse it.
@Extreme Kahuna You're missing the point which is they are paying for transportation, not for cell service. It is a perk. Its like the free movie on a plane. You pay to be transported, not to use the cell service. I mean really - you don't pay to head down there and just use your phone, do you?

And yes, I'm pretty sure a cell phone carrier will add and remove cell phone towers at will. It depends on their coverage and call capacity.

If there are medical problems while riding on BART, you contact the conductor or other security personnel and they use radios to get emergency personnel. What do you think we did before cell phone boosters?
  • Flagged
@EvieMarie
If they tell you there will be a movie when you book the flight then yes they should provide you with a movie. this is the goverment instituting a form of marshal law because of a few. How could I be missing my own point? If you heard someone in L.A. was going to drown someone you wouldn't shut off the water to the city... well maybe you would, but a rational person wouldn't. ADDRESS the problem instead of putting the burden on everyone. And yes I KNOW for a fact that some people use their commute time to take care of business by phone i am one of them. If there was a problem with the service everyone would understand but to purposely shut it down to twart a few people is stupid!
@Transdermal

ical, inconsiderate, moronic, bullies that go around trying to force their illegitimate moral anarchism on the rest of humanity.
they neither support or create the rule of law that is meant to be a sure foundation for the proper functioning of a peaceful society.
they flaunt their concern for petty practices in the face of threatening the safety and welfare of every other law abiding person.
they are a disease and a cancer on the skin of an orderly society and need to be removed.
the Force of a caring and just society needs to prevail over this hateful influence.
let the Truth prevail, fair and balanced.

happy
.

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