Intent to annoy on the internet is now a Federal Offense...

Started by AustinBoston, Jan 11, 2006, 07:41 AM

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AustinBoston

Just signed into law...

"Whoever...utilizes any device or software that can be used to originate telecommunications or other types of communications that are transmitted, in whole or in part, by the Internet... without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person...who receives the communications...shall be fined under title 18 or imprisoned not more than two years, or both."

So if you use your real name, it's OK.

More information/an editorial:
http://news.com.com/Create+an+e-annoyance,+go+to+jail/2010-1028_3-6022491.html

I can see it now...

"What'd you do?"
"Bank robbery.  How 'bout you?"
"Forgot to sign my post to the Arvee Club."

Austin

dthurk

Quote from: AustinBostonJust signed into law...
 
"Whoever...utilizes any device or software that can be used to originate telecommunications or other types of communications that are transmitted, in whole or in part, by the Internet... without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person...who receives the communications...shall be fined under title 18 or imprisoned not more than two years, or both."
 
So if you use your real name, it's OK.
 
More information/an editorial:
http://news.com.com/Create+an+e-annoyance,+go+to+jail/2010-1028_3-6022491.html
 
I can see it now...
 
"What'd you do?"
"Bank robbery. How 'bout you?"
"Forgot to sign my post to the Arvee Club."
 
Austin
Can we bring our PUPs to prison? Could make for a nice group outing.
 
Seriously...aren't most communications that we make, here and elsewhere, ultimately traceable by law enforcement with proper equipment?  I never think my time online is anonymous.  I don't read "without disclosing identity" to mean that you have to use your real name at all times.

Dee4j

HA!! I will not tell you my name...never.. :J

AustinBoston

Quote from: dthurkCan we bring our PUPs to prison? Could make for a nice group outing.
 
Seriously...aren't most communications that we make, here and elsewhere, ultimately traceable by law enforcement with proper equipment?  I never think my time online is anonymous.  I don't read "without disclosing identity" to mean that you have to use your real name at all times.

Well, first, you have to prove intent.  Proving intent can get rather interesting in a legal sense.  You have to get inside the person's head to do it most of the time.  On the other hand, some trolls will declare "I'm going to continue to post this stuff until you go away..." declaring their intent - then it's easy.

Second, it's almost certain that the courts would find this completely unenforceable.  What is general discussion to one person can be very annoying to another.  For example, I could find it annoying that people post about hybrids here (I do not).  I'm sure Dave & the rest fo the folks at PUT find it annoying that people who do not subscribe to PUT are complaining about changes to the magazine.  But those things are free speech, and as such make the wording of the new law unconstitutional.

What I would like to see is spammers prosecuted ruthlessly with this law.  Fat chance.  :p

Austin

dthurk

Yes, I could see a lot of other holes in this.  How about someone from a foreign country sending out annoying messages.  Are we going to order him to  stop writing to the US?

Or, someone writes an annoying message, but the recipient isn't annoyed!  Do we tell him to try again?

abbear

I tend to annoy a lot of people.  I guess I'll have to be more care..Oops - wait - there's someone pounding on my door.  Wonder who it cou

Jofabietz

So in a heavy french type accent....
   "NOW GO AWAY,OR I'LL TAUNT YOU AGAIN"!!

tlhdoc

Quote from: JofabietzSo in a heavy french type accent....
"NOW GO AWAY,OR I'LL TAUNT YOU AGAIN"!!
Another Python fan!:D   Oh wait did this post anoy anyone?  I could be in trouble let me think if I should submit this post...

AustinBoston

Quote from: tlhdocAnother Python fan!:D   Oh wait did this post anoy anyone?  I could be in trouble let me think if I should submit this post...

Only if Tracy is not your real name.

Austin (My real middle name)