Commissioner Rosenworcel Remarks at State of the Net conference

I want to propose that we use this opportunity to reaffirm what is fundamental: our commitment to a global and open internet for all. In the age of the always-on internet, the idea of suddenly flicking connectivity off like a switch sounds dystopian. But for so many people in so many places this is becoming a reality.  21 countries shut down the internet 122 times in 2019 alone. That means there were more internet shutdowns in 2019 than ever before. These shutdowns are not just the instruments of authoritarian regimes, they have been used by democracies trying to tackle problems, too. This means freedom is being curtailed by the very tools that a decade ago we believed would liberate us.

If you are thinking this does not concern you because off of this is happening a world away, I understand...you might think this is at some distance from what could happen in the United States. But you might want to think again. Here’s why: Back in 1942, Congress made changes to [the Communications Act of 1934], specifically to Section 606 of Title 47 of the United States Code—or as it’s better known, Section 706 of the Communications Act. Section 706 allows the President to shut down or take control of “any facility or station for wire communication” if he proclaims “that there exists a state or threat of war involving the United States.” It remains true that if a sitting President wants to shut down the internet or selectively cut off a service, all it takes is an opinion from his Attorney General that Section 706 gives him the authority to do so.

We should acknowledge that internet shutdowns can stunt elections and the democratic process, threaten human rights, batter economies, and disrupt modern life. Then we should get to work. We can start in the US by revisiting Section 706. The time has come for a modern assessment of this language, what it means, and what it should mean in the digital age. We can ask how this power squares with the constitution and ask what role there should be for the legislative and judicial branches. The US should develop a formal policy on government-directed internet shutdowns, informed by the experience of the State Department, National Telecommunications and Information Administration, and Federal Communications Commission. Then we should share this expertise in global fora so that we can work worldwide to reduce these outages. Moreover, I think we need to have this discussion if we are committed to an open internet for all. Because without it our own laws could be contorted to support such outages. Because without it we can expect the number of government-directed internet shutdowns to grow.

 

 


Commissioner Rosenworcel Remarks at State of the Net conference