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by tzs
4320 days ago
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> The bill says that police CAN use this mandatory kill switch, but must comply with Public Utility Code Section 7908 in doing so. The actual wording is this: "Any request by a government agency to interrupt communications service utilizing a technological solution required by this section is subject to Section 7908 of the Public Utilities Code". This looks more like an IF than a CAN to me. It's saying that they cannot evade the requirements of 7908 by using the kill switch instead of some other mechanism that is covered by 7908 to interrupt communication. It's preempting a potential argument that using the kill switch would not count under 7908, and so the police could use the kill switch with less restriction and oversight than 7908 requires. This seems a more natural reading to me than your reading of it...although I haven't looked at prior drafts or the legislative history to see if there is something that indicates your reading is what is intended. |
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