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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: 1) by khallow on Sunday October 07 2018, @02:01AM (2 children)

    by khallow (3766) Subscriber Badge on Sunday October 07 2018, @02:01AM (#745312) Journal
    There are two problems with the lawsuit. First, no standing. Just because your client gets a text message doesn't mean they have grounds to sue.

    Second, there are existing grounds for use of such messaging systems contrary to assertion. In addition to existing public warning systems, we also have sirens on emergency and police vehicles. These all reach into private property by design whether it be your TV or car.

    My view is that first, one would need to show a pattern of abuse. Obviously, if the phone gets used for obnoxious political tweets rather than its announced intent, that's good enough. Or if it is extended somehow to get intrusive information (like who acknowledges the alert message when and where).
  • (Score: 0) by Anonymous Coward on Sunday October 07 2018, @03:16AM (1 child)

    by Anonymous Coward on Sunday October 07 2018, @03:16AM (#745343)

    We have amber alerts, which are an attempt to conscript the public in a police investigation. Strangers in vans snatching children is practically an urban legend, and custody disputes do not constitute public emergencies.

    Why can't we receive something non-political that affects everybody in a certain geographical area like NOAA weather warnings (the kind that civil defense sirens would be activated for like tornadoes) using this channel? Why should we permit the executive branch further interference in our lives? How will you like it if we start getting "Russian hacker" alerts at 2 AM from a future Democratic Party president?

    • (Score: 2) by All Your Lawn Are Belong To Us on Monday October 08 2018, @03:18PM

      by All Your Lawn Are Belong To Us (6553) on Monday October 08 2018, @03:18PM (#745981) Journal

      Strangers in vans snatching children is practically an urban legend,

      Tell that to the families of Amber Hagerman or Polly Klaas.
      I agree with you that a child custody abduction, when there is no reason to assume the child is actually in harm or danger, shouldn't trigger an Amber alert. But the 100 or so genuine abductions per year and 50 or so kids a year who die or never get home [pollyklaas.org] might make the system worthwhile. If it were used better. (Not to mention that Amber alerts generally require enough information about the kidnapper to be able to alert the public would cut the number down further).

      Why should we permit the executive branch further interference in our lives?

      If Russia (or any other country) pops off nukes at us, yes I want to know it over my phone no matter where in the country it is or extent of the attack. That's what this system was designed for. And if you think this possibility cannot happen then re-read the history of the cold war.

      --
      This sig for rent.