The Obama administration has been fighting to maintain the right to unilaterally shut down down private cellular service, over an entire city if necessary, in the event of a national crisis.
Civil liberties groups have been suing because they want to know exactly what is in Standard Operating Procedure (SOP) 303 - often referred to as the cell phone kill switch - under a Freedom of Information Act request.
Those groups question if this policy could give the government the leeway to shut down cell service even when it has nothing to do with a terror threat.
On "Outnumbered," Judge Alex Ferrer asserted that the American public would be OK with the details of the policy not being released if they trusted that they were being told the truth by the government.
Harris Faulkner pointed out that the policy was rolled out without any debate, discussion or public notice.
Faulkner added that even the Department of Homeland Security acknowledged that it might not be the best policy after cell service was cut on New Jersey's Hudson River Commuter Rail following terror attacks in London.
She explained that people need to be on the same page in a time of crisis and disabled cell service severely hinders that.
"It might not be the best approach, but if they're going to have it, I think there should be a judicial overview where if they do shut it down and they don't have time to go in front of a judge, they have to justify it to a judge afterwards, " Ferrer said. "That will avoid the rampant use of it."
Watch more from “Outnumbered” above.
You might also be interested in ...