Standard Operating Procedure 303
On January 8 2016 the US Supreme Court will consider a petition for certiorari in the EPIC v. DHS "Standard Operating Procedure 303" FOIA suit. SOP 303 is also known as the 'National Emergency Wireless Kill-Switch' “Standard Operating Procedure 303,” is the protocol that codifies a “shutdown and restoration process for use by commercial and private wireless networks during national crisis.” Moreover, the justices are expected to clarify: “the scope of FOIA’s “Exemption 7(F),” which allows the government to withhold “records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information … could reasonably be expected to endanger the life or physical safety of any individual.” The central question raised by Exemption 7(F) is whether the government has to be able to identify with any specificity the “individual” whose life or physical safety might be endangered by disclosure of the requested law enforcement records. In 2008, the Second Circuit answered that question in the affirmative in ACLU v. Dep’t of Defense. In its February 2015 decision affirming the government’s rejection of EPIC’s FOIA request, the D.C. Circuit held expressly to the contrary. As I explain in the post that follows, not only is this division of authority sufficiently important so as to justify the Supreme Court’s intervention no matter how the Court ultimately rules, but, in my view, the Second Circuit clearly has the better reading of Exemption 7(F) as a matter of statutory purpose, structure, and policy. I. The Second Circuit and the PNSDA The story begins with FOIA requests filed in 2003 by the ACLU and other organizations seeking records related to the treatment and death of detainees held in US custody overseas after September 11, and records related to the practice of “rendering” some of those detainees to countries known to use torture. The litigation over the ACLU’s request eventually reduced to a dispute over at least 29 (and perhaps thousands of) photographs of detainees and detainee abuse in Afghanistan and Iraq. In June 2006, the district court ordered the release of 21 of those photographs (with proper redactions to alleviate privacy objections), and the government appealed, arguing that the photographs were covered by Exemption 7(F) insofar as their release would likely incite violence against US personnel in Afghanistan and Iraq.” In full with links at Just Security https://www.justsecurity.org/28485/foia-circuit-split-supreme-court-resolve/ -- RR "You might want to ask an expert about that - I just fiddled around with mine until it worked..."
On 12/24/15, Rayzer <Rayzer@riseup.net> wrote:
On January 8 2016 the US Supreme Court will consider a petition for certiorari in the EPIC v. DHS "Standard Operating Procedure 303" FOIA suit. SOP 303 is also known as the 'National Emergency Wireless Kill-Switch'
“Standard Operating Procedure 303,” is the protocol that codifies a “shutdown and restoration process for use by commercial and private wireless networks during national crisis.”
a new FOIA: ''' Documents regarding the "Chain of Command" necessary to exercise "Standard Operating Procedure 303", also known as the "National Emergency Wireless Kill-Switch". Names of individuals within the current chain-of-command to exercise SOP-303 are not requested, nor necessary. Please only provide the roles/titles and position in chain-of-command to exercise the SOP-303 National Emergency Wireless Kill-Switch capability. In defense of a possible Glomar retort, please recognize that the GSF Explorer, formerly USNS Hughes Glomar Explorer (T-AG-193), for which the Glomar response is so named, was a purely military operation, using custom-built military equipment, on an exceptionally sensitive military mission to recover military equipment. Observe that the chain of command for a national emergency capability is both domestic in nature and of great public interest - the controls around which, conveyed by chain-of-command, in the public interest without exposure of sensitive information or operational detail. Thank you! ''' - https://www.muckrock.com/foi/united-states-of-america-10/sop303-23071/ note the particular angle of this scope of requested documents... :P best regards,
coderman wrote:
On 12/24/15, Rayzer <Rayzer@riseup.net> wrote:
On January 8 2016 the US Supreme Court will consider a petition for certiorari in the EPIC v. DHS "Standard Operating Procedure 303" FOIA suit. SOP 303 is also known as the 'National Emergency Wireless Kill-Switch'
“Standard Operating Procedure 303,” is the protocol that codifies a “shutdown and restoration process for use by commercial and private wireless networks during national crisis.”
a new FOIA: ''' Documents regarding the "Chain of Command" necessary to exercise "Standard Operating Procedure 303", also known as the "National Emergency Wireless Kill-Switch". Names of individuals within the current chain-of-command to exercise SOP-303 are not requested, nor necessary. Please only provide the roles/titles and position in chain-of-command to exercise the SOP-303 National Emergency Wireless Kill-Switch capability. In defense of a possible Glomar retort, please recognize that the GSF Explorer, formerly USNS Hughes Glomar Explorer (T-AG-193), for which the Glomar response is so named, was a purely military operation, using custom-built military equipment, on an exceptionally sensitive military mission to recover military equipment. Observe that the chain of command for a national emergency capability is both domestic in nature and of great public interest - the controls around which, conveyed by chain-of-command, in the public interest without exposure of sensitive information or operational detail. Thank you! ''' - https://www.muckrock.com/foi/united-states-of-america-10/sop303-23071/
note the particular angle of this scope of requested documents... :P
best regards,
I have this discussion with local social activists quite a bit. The 'roles/titles and position' ARE the important thing. The names change. Structure doesn't. If you're a social activist and all you have going for you is other people's personalities as a target you ain't got shit. It's their FUNCTION that's important. Extreme example? There's a local houseless person's 'activist' around here that still writes leaflets containing info about how a cop that hasn't been on the force for two years now abused people. Most of the homeless people reading it then file it in the nearest trashcan. -- RR "You might want to ask an expert about that - I just fiddled around with mine until it worked..."
On 12/28/15, Rayzer <Rayzer@riseup.net> wrote:
... I have this discussion with local social activists quite a bit. The 'roles/titles and position' ARE the important thing. The names change. Structure doesn't.
Sssh, you're not helping my FOIA :P
... There's a local houseless person's 'activist' around here that still writes leaflets containing info about how a cop that hasn't been on the force for two years now abused people. Most of the homeless people reading it then file it in the nearest trashcan.
in Portland this manifested as training, tactics, and procedures used during interaction with the public. before reform, above average rates of lethal force, above average rates of mentally ill dying in custody. reform changed: - point of command and control into single individual in all interactions. no longer would confusing, conflicting commands be given by more than one officer - only one takes point in communication. - prioritizing identification and de-escalation of mental illness or drug crisis - trained professionals immediately take-over or dispatched, rather than ignorant escalations leading to lethal force. - training to make habit the use oft less lethal options, before applying lethal force. - a focus on service to the public, rather than enforcement upon lawbreakers. mindset makes a difference! - [ some other, lesser improvements. ] by changing the system that was flawed, a significant improvement in the outcomes for everyone - regardless of who specifically was on the force at the time, or what specific officers were engaging during wrongdoing or excessive use of force. machine learning systems are great at identifying sick systems, by the way. they leaves copious tells... best regards,
On 12/28/15, coderman <coderman@gmail.com> wrote:
On 12/24/15, Rayzer <Rayzer@riseup.net> wrote:
On January 8 2016 the US Supreme Court will consider a petition for certiorari in the EPIC v. DHS "Standard Operating Procedure 303" FOIA suit. SOP 303 is also known as the 'National Emergency Wireless Kill-Switch'
“Standard Operating Procedure 303,” is the protocol that codifies a “shutdown and restoration process for use by commercial and private wireless networks during national crisis.”
Any update on this SCOTUS case?
a new FOIA: ''' Documents regarding the "Chain of Command" necessary to exercise "Standard Operating Procedure 303", also known as the "National ... - https://www.muckrock.com/foi/united-states-of-america-10/sop303-23071/
Any update on this FOIA?
Zenaan Harkness wrote:
On 12/28/15, coderman <coderman@gmail.com> wrote:
On 12/24/15, Rayzer <Rayzer@riseup.net> wrote:
On January 8 2016 the US Supreme Court will consider a petition for certiorari in the EPIC v. DHS "Standard Operating Procedure 303" FOIA suit. SOP 303 is also known as the 'National Emergency Wireless Kill-Switch'
“Standard Operating Procedure 303,” is the protocol that codifies a “shutdown and restoration process for use by commercial and private wireless networks during national crisis.” Any update on this SCOTUS case?
EPIC, January 11... http://epic.org/foia/dhs/internet-kill-switch/ ars technica January 12, filed under "Law & Disorder / Civilization & Discontents": Supreme Court won’t force DHS to reveal secret plan to cut cell service Full text of US cell phone kill-switch policy to remain under lock and key. http://arstechnica.com/tech-policy/2016/01/supreme-court-wont-force-dhs-to-r... -- RR "I believe democracy has so far disappeared in the United States that no “two evils” exist. There is but one evil party with two names." ~W.E.B. Dubois
a new FOIA: ''' Documents regarding the "Chain of Command" necessary to exercise "Standard Operating Procedure 303", also known as the "National ... - https://www.muckrock.com/foi/united-states-of-america-10/sop303-23071/ Any update on this FOIA?
participants (3)
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coderman -
Rayzer -
Zenaan Harkness