Keeping The Internet On: When Can the Government Shut it Down?

Proposed Bill Seeks Shift in Government Power to Shut Down the Internet

In today’s day and age of incoming 5G, widespread wireless communications, and ever-present access to the Internet, it is interesting to note that the Executive Brach has had the power to shut down the Internet since 1934.  

The Power of the Executive Branch to Shut Down the Internet

According to the 1934 Communications Act, the Executive Branch may shut down wireless communications in case of a broadly defined national emergency.  Specifically, if the President declares that the United States is at war, or there is a threat of war, or a state of public peril, disaster, or emergency; then the Executive Branch may shut down wireless communications, including the Internet, in order to preserve the neutrality of the United States.

That may now change, however, as a bill with bipartisan support has recently been introduced that would amend Section 706, which grants the Executive Branch such powers.  Congresswomen Anna G. Eschoo (D-CA) and Morgan Griffith (R-VA) have penned the Preventing Unwarranted Communications Shutdowns Act, which would limit the ability to shut down the Internet.  While the Executive Branch may still shut down the Internet, the new bill would require that the Executive Branch also notify the Pentagon, Congress, and the Federal Communications Commission within twelve hours of the proposed shutdown.  The bill also limits the circumstances for a shutdown to be limited to specific threats to human life or national security.

Bill Proposes Preliminary Requirements and Safeguards

If no such notice is given as described above, the shutdown would automatically terminate.  If notice is properly given to the Pentagon, Congressional leadership, and the Federal Communications Commission, the shutdown would automatically expire in forty-eight hours unless an extension is approved by a 3/5 vote from both the House of Representatives and the Senate, with an added requirement that at least ¼ vote from the minority party from each chamber is secured. 

In explaining the bill, the authors rationalized that the extent that the American public relies on the Internet and wireless communications today could not have been foreseen in 1934, and as such, the power to shut down the Internet, which has become a necessity for most in everyday life, needs to be reevaluated. 

Many in support of the new measure want to make clear that this has nothing to do with politics and, instead, is merely an important safeguard to protect internet shutdowns that may be arbitrary or decided upon without consulting knowledgeable parties.  Moreover, many supporters of the bill note that studies have shown that limiting access to communications is often seen as a negative by the general public.  In fact, for many, shutting down the Internet is seen as authoritarian and against the ideals of democracy.    

Key Takeaways from New Bill Regarding Process to Shut Down the Internet 

A bipartisan effort by Congress is proposing to limit the Executive Branch’s ability to shut down the Internet.  While the Executive Branch will still maintain the ability to shut down access to the Internet and wireless communications, the new bill proposes:

  • notification be given to the Pentagon, Congressional Leadership, and the Federal Communications Commission;

  • limiting the circumstances in which a shutdown may occur;

  • extensions of a shutdown to be voted on by Congress; and

  • a required number of votes be secured in each chamber of Congress before a shutdown can be extended.

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