The shutting down of services has sparked a legal debate that is definitely worth having. An action like this had never been taken by a government agency. On one hand, organizations like the Electronic Frontier Foundation (EFF) contend it violated citizens’ First Amendment rights. EFF Austin (not affiliated with EFF) thinks BART likely violated section 333 of the Communications Act posted a statement showing. (Users have been using Twitter to urge people to file complaints with the FCC.)
On the other hand, there are those who do not think this could be challenged in court. The ACLU condemned BART’s move but a staff attorney with the ACLU now tells Wired that there could be times when a government agency would be justified in shutting down mobile services.


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