Reps. Eshoo and Griffith Introduce Bipartisan Bill to Limit Presidential Powers to Shut Down Internet

Reps Anna Eshoo (D-CA) and Morgan Griffith (R-VA) announced the Preventing Unwarranted Communications Shutdowns Act, a bipartisan bill to limit presidential powers to control or shut down communications networks, including the internet. The Communications Act currently authorizes the President to take control of communications facilities or equipment in certain circumstances. While the internet is, by design, decentralized and cannot be ‘shut down,’ the Communications Act leaves open the possibility for a presidential order that leads to Americans not being able to access the internet. The Preventing Unwarranted Communications Shutdowns Act limits the President’s authorities; requires the President to notify Congress and senior Executive Branch officials within 12 hours of any shutdown; and requires approval within 48 hours from three-fifths of both the House and the Senate (including one-quarter of the minority party in each chamber) for the order to remain lawful. The Preventing Unwarranted Communications Shutdowns Act does the following:

• Limits the reasons the President may take action under §706 of the Communications Act of 1934 to ones necessary to protect against an imminent and specific threat to human life or national security if such action is narrowly tailored and is the least restrictive means for the purpose;
   
• Requires that the President notify congressional leaders (i.e., Speaker, House Minority Leader, and Senate Majority and Minority Leaders), senior executive branch officials (i.e., Vice President, department heads, intelligence community heads, Joint Chiefs of Staff), and the FCC before or not later than 12 hours after taking any action authorized under §706;
   
• Nullifies §706 orders 12 hours after issuance of the order if the President does not provide notification in the specified time and form;
   
• Nullifies §706 orders 48 hours after the President provides notice unless three-fifths of each of the House and the Senate vote to pass an approval resolution, with an affirmative vote of at least one-quarter of the minority party in each chamber (the 48 hour period may be extended with the consent of the congressional leaders or their designees)
   
• Requires a GAO report after every §706 order, and requires a one-time GAO report estimating the impact of a communication shutdown; and
   
• Requires that the US government compensate providers and customers of providers for any communications shutdown under §706.