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Perspective: Create an e-annoyance, go to jail


Annoying someone via the Internet is now a federal crime.
It's no joke. Last Thursday, President Bush signed into law a prohibition on posting annoying Web messages or sending annoying e-mail messages without disclosing your true identity.
In other words, it's OK to flame someone on a mailing list or in a blog as long as you do it under your real name. Thank Congress for small favors, I guess.
This ridiculous prohibition, which would likely imperil much of Usenet, is buried in the so-called Violence Against Women and Department of Justice Reauthorization Act. Criminal penalties include stiff fines and two years in prison.
"The use of the word 'annoy' is particularly problematic," says Marv Johnson, legislative counsel for the American Civil Liberties Union. "What's annoying to one person may not be annoying to someone else."

Buried deep in the new law is Sec. 113, an innocuously titled bit called "Preventing Cyberstalking." It rewrites existing telephone harassment law to prohibit anyone from using the Internet "without disclosing his identity and with intent to annoy."
To grease the rails for this idea, Sen. Arlen Specter, a Pennsylvania Republican, and the section's other sponsors slipped it into an unrelated, must-pass bill to fund the Department of Justice. The plan: to make it politically infeasible for politicians to oppose the measure.
The tactic worked. The bill cleared the House of Representatives by voice vote, and the Senate unanimously approved it Dec. 16.
There's an interesting side note. An earlier version that the House approved in September had radically different wording. It was reasonable by comparison, and criminalized only using an "interactive computer service" to cause someone "substantial emotional harm."
That kind of prohibition might make sense. But why should merely annoying someone be illegal?
There are perfectly legitimate reasons to set up a Web site or write something incendiary without telling everyone exactly who you are.
Think about it: A woman fired by a manager who demanded sexual favors wants to blog about it without divulging her full name. An aspiring pundit hopes to set up the next Suck.com. A frustrated citizen wants to send e-mail describing corruption in local government without worrying about reprisals.
In each of those three cases, someone's probably going to be annoyed. That's enough to make the action a crime. (The Justice Department won't file charges in every case, of course, but trusting prosecutorial discretion is hardly reassuring.)
Clinton Fein, a San Francisco resident who runs the Annoy.com site, says a feature permitting visitors to send obnoxious and profane postcards through e-mail could be imperiled.
"Who decides what's annoying? That's the ultimate question," Fein said. He added: "If you send an annoying message via the United States Post Office, do you have to reveal your identity?"
Fein once sued to overturn part of the Communications Decency Act that outlawed transmitting indecent material "with intent to annoy." But the courts ruled the law applied only to obscene material, so Annoy.com didn't have to worry.
"I'm certainly not going to close the site down," Fein said on Friday. "I would fight it on First Amendment grounds."
He's right. Our esteemed politicians can't seem to grasp this simple point, but the First Amendment protects our right to write something that annoys someone else.
It even shields our right to do it anonymously. U.S. Supreme Court Justice Clarence Thomas defended this principle magnificently in a 1995 case involving an Ohio woman who was punished for distributing anonymous political pamphlets.
If President Bush truly believed in the principle of limited government (it is in his official bio), he'd realize that the law he signed cannot be squared with the Constitution he swore to uphold.
And then he'd repeat what President Clinton did a decade ago when he felt compelled to sign a massive telecommunications law. Clinton realized that the section of the law punishing abortion-related material on the Internet was unconstitutional, and he directed the Justice Department not to enforce it.
Bush has the chance to show his respect for what he calls Americans' personal freedoms. Now we'll see if the president rises to the occasion.

Biography

Declan McCullagh is CNET News.com's Washington, D.C., correspondent. He chronicles the busy intersection between technology and politics. Before that, he worked for several years as Washington bureau chief for Wired News. He has also worked as a reporter for The Netly News, Time magazine and HotWired.
I find this piece of news......disturbing
 

· Knowledge is the solution
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moomoomoo. Your cow annoys me. Be ready to hear from my lawyers.

On a more serious note, besides your sarcasm I cannot see how your reply adds something constructive to the thread :/
 

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Actually, I think that Player-X has managed to turn his news posting down to a reasonable level, in that the stuff he posts usually actually justifies a real discussion.

Anyway, regarding this law, it is disturbing when stuff like this slips through the cracks. But thankfully, our democracy in America is still intact enough that something so blatently in violation of our rights and principles will never be seriously enforced. I can pretty much gurentee this will be overturned or or at least redefined to a more reasonable level in a short time. America's government may have it's share of problems, but we still have it together enough not to allow our most valued freedoms to be leeched away so easily.
 

· Knowledge is the solution
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Hmm... if you ask me I find you to be a little too optimistic. Sure, I'm sure this project will be tuned down before actually being passed. However, even when tuned out I think it will be highly abused, and people will start sue'ing because of anything (like it already happens with other not-so-intelligent laws). Sure, it will be eventually further straightened by the Supreme Court, but when we see at things like the "politically correct" trouble that is arising over at America you start wondering about the efficience of the law system as a whole, and the grade in which it will be actually straightened before this monster is released :/
 

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Proto said:
Hmm... if you ask me I find you to be a little too optimistic. Sure, I'm sure this project will be tuned down before actually being passed. However, even when tuned out I think it will be highly abused, and people will start sue'ing because of anything (like it already happens with other not-so-intelligent laws).
It's too late. American is in trouble.

Man sues chatroom pals: I was humiliated beyond what 'no man could endure'

Mike Marlowe fully admits that he sometimes gave George Gillespie a hard time in that AOL chatroom.

But never in his wildest imagination did he expect to be sued in court for what he characterized as "razzing."

"We gave him crap," said Marlowe, a 33-year-old welder in Fayette, Ala. "I'm not going to deny it. I teased him and he teased me back. He gave it back better than he ever got it."
 

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__Xzyx987X said:
Anyway, regarding this law, it is disturbing when stuff like this slips through the cracks. But thankfully, our democracy in America is still intact enough that something so blatently in violation of our rights and principles will never be seriously enforced. I can pretty much gurentee this will be overturned or or at least redefined to a more reasonable level in a short time. America's government may have it's share of problems, but we still have it together enough not to allow our most valued freedoms to be leeched away so easily.
oO America is a democracy with freedoms??? Holy moly pudding pie, I didn't see that one coming.
 
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