[lemonlyman87]

The blog post gives a full discussion of the extent to which the kill switch can be co-opted by law enforcement, and I think does so in a fair manner. It directly references both the bill's requirements for police use and PUC 7908.

Your comment, on the other hand, does not accurately describe the relevant law.

PUC 7908 states that "If a governmental entity reasonably determines that an extreme emergency situation exists that involves immediate danger of death or great bodily injury and there is insufficient time, with due diligence, to first obtain a court order, then the governmental entity may interrupt communications service without first obtaining a court order as required by this section."

Your statement that PUC 7908 prohibits interruption only in hostage or barricade situations is incorrect; those are referred to in PUC 7907, which discusses cutting phone lines. PUC 7908 involves cutting cell service, and is more broad - it uses the language quoted above.

I could easily see this applied to a protest; police say a protest will lead to looting (e.g. Ferguson), perhaps they even see plans for flash mob robbery on social media. On the basis of this, they brick every phone in a protest zone, undercutting protest organization and limiting demonstraters ability to film police abuse on smartphones.

I do not know what the legislators intended; maybe they don't know about the issue, maybe they don't care, maybe they think this is an adaquete solution and are wrong. I don't try to define their intent here, I'm simply trying to point out a very real problem with this law.

[anigbrowl]

7908(3)(C) incorporates s.7907 by reference.

(C) "Interrupt communications service" does not include any interruption of service pursuant to an order to cut, reroute, or divert service to a telephone line or wireless device used or available for use for communication by a person or persons in a hostage or barricade situation pursuant to Section 7907. However, "interruption of communications service" includes any interruption of service resulting from an order pursuant to Section 7907 that affects service to wireless devices other than any wireless device used by, or available for use by, the person or persons involved in a hostage or barricade situation.

[lemonlyman87]

Yes, that provision does state that any type of wire cut conducted pursuant to 7907 that cuts cell service is also labeled as denial of cell service as discussed in 7908, but denial of cell service is not limited to such situations - there can be other means of shutting down cell service, such as police co-opting a kill switch.

More importantly, this subsection certainly doesn't change the fact that your above description of 7908 as a law that "prohibits interruption of communication by law enforcement in anything other than a hostage or barricade situation" is completely inaccurate.

It is broader, and could apply to protests if there is a claim of imminent risk of great bodily harm, as police have been claiming for the last week during mistreatment of protesters and journalists in Ferguson.