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posted by chromas on Saturday October 06 2018, @09:25PM   Printer-friendly

Lawsuit seeks to stop FEMA's "Presidential Alert" system to cellphones citing First Amendment violation

A new lawsuit filed in New York is seeking to stop the implementation of FEMA's new "Presidential Alert" messaging system, an alert used for national emergencies that can be deployed by President Trump. Plaintiffs in Manhattan are suing Mr. Trump and FEMA Administrator Brock Long, claiming the alert system is a "violation of Americans' First and Fourth Amendment rights to be free from Government-compelled listening, as well as warrantless, non-consensual trespass into and seizure of their cellular devices."

Plaintiffs compare the alert system to "hijacking private property for the purpose of planting a Government-controlled loudspeaker in the home and on the person of every American." This new presidential alert is nationwide and only used for advance warning of national crises.

According to FEMA, the alert is not a text or SMS (short message service) but an audio and text warning that will display as a notification across a user's cellphone -- similar to the ones carriers receive during Amber Alerts and weather emergencies.

Previously: FEMA Emergency Test Message to be Sent to Most U.S. Cell Phones on Sept. 20 (or Oct. 3)
What to Expect From the U.S. Wireless Emergency Alert Test Today


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  • (Score: 2) by EvilSS on Sunday October 07 2018, @06:07PM (3 children)

    by EvilSS (1456) Subscriber Badge on Sunday October 07 2018, @06:07PM (#745568)
    Obama authorized the presidential alerts and the very same arguments, from the other side, were flying around at the time. Same Shit Different Shitheads.
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  • (Score: 1) by DeVilla on Tuesday October 09 2018, @03:09AM (2 children)

    by DeVilla (5354) on Tuesday October 09 2018, @03:09AM (#746269)

    While trying to find an article critical of Obama creating these (and failing to find anything except for mild complaints of not being able to turn them off, I didn't try hard) I found the obligatory ...

    https://xkcd.com/1435/ [xkcd.com]

    • (Score: 2) by EvilSS on Tuesday October 09 2018, @05:30PM (1 child)

      by EvilSS (1456) Subscriber Badge on Tuesday October 09 2018, @05:30PM (#746514)
      I wansn't talking about articles so much as people's reactions to it? Just go back through comments here and on /. on stories about it back in 2016 (I think).
      • (Score: 1) by DeVilla on Tuesday October 09 2018, @06:47PM

        by DeVilla (5354) on Tuesday October 09 2018, @06:47PM (#746549)

        Well I guess. I think the thread root comment was referring to how there is an article on CBS news about a lawsuit in New York suing FEMA focusing on the current President. I think while was suggesting that we would not have seen such a thing if this test had occurred with Obama in the Whitehouse.

        From what I can tell, it appears there were some previous tests but no lawsuits. Again, I didn't look that hard.

        In any case, I wouldn't compare the rants of the cranks on slashdot or here to what I see if I do a news search for "presidential alert lawsuit" on google. I have to say, I like the eff response though.