The proposal recommends BART shut down its wireless networks only under extreme circumstances, like the imminent threat of a terrorist attack.
BART Board of Directors President Bob Franklin elaborated, "If people chained themselves to a BART train, which could trap 8,000 people in the Transbay Tube, then we would have to deal with it."
The policy will "provide a clear guideline in balancing free speech rights with legitimate public safety concerns," according to Franklin. The measure is up for approval at a board meeting on October 27.
The recommendation follows BART's controversial July 3 decision to axe cell phone service on its trains, which it did to prevent a planned protest over a homeless man's death at the hands of a BART officer.
The transit agency's cell service blackout backfired, however, provoking in-street and online demonstrations from angered citizens who felt the move violated their First Amendment rights. The hacktivist collective Anonymous organized the August protests and repeatedly hacked BART websites, denouncing the transit company's action as an affront to free speech.
The FCC then began an ongoing investigation to determine if BART violated any laws with its shutdown. The commission may impose fines and restrictions against the transit company if it is found guilty of trespassing on First Amendment rights.
Seven advocacy groups originally advised the FCC to punish BART for shutting off cellular communication. But Franklin's comments indicate the new policy is a joint effort between these organizations and the transit authority.
"This draft policy incorporates input from the public, the American Civil Liberties Union and the BART Police Citizen Review Board," he said.
At first, BART's chief spokesman Linton Johnson defended the company's action fiercely, but the agency is now compromising with advocacy groups, perhaps because it realizes the complexity of the situation.
The transit agency's debacle is the first of its kind, and the pivotal case may shape the FCC's recommendations for other U.S. cities trying to strike a balance between public order and civil liberties as they relate to electronic communications.
BART's dilemma also suggests that in an increasingly complex, digitized society, electronic freedom may be just as important as the right to gather in public places.
Source:
