Weekend Gedankenexperiment - The Kill Switch

Fri Feb 4 06:07:10 UTC 2011

> No. The correct answer is that in the U.S., if the Agent in question
> has a
> valid subpoena or N.S.L., you must comply. If he doesn't, then you do
> not
> have to comply.
> 
> I cannot answer for any other jurisdiction.
> 
> Also, make sure you have staff attorneys well-versed in Internet law
--
> you'll need them either way.
> 
> - - ferg

The federal government clearly has the authority to manage
communications across the border of the country and between states but
it would be questionable if the federal government has the authority to
manage any communications completely within a state.  Do they have the
authority to tell me to turn down a connection that terminates within
the same state that I am in?  

Sure, they would have the authority to tell me to turn down any
international tunnels I might have running or a point-to-point that
crosses state lines but I doubt they have the authority to tell me to
turn down a cross-connect terminating in the same building.  That would
be the jurisdiction of state authority, not federal.