In a bizarre mix and match of legislation, on January 5, 2006, the President has signed into law H.R. 3402, the "Violence Against Women and Department of Justice Reauthorization Act of 2005," which reauthorizes the Violence Against Women Act for FYs 2007-2011, makes amendments to criminal and immigration law, consolidates major law enforcement grant programs and authorizes appropriations for the Department of Justice for FYs 2006-2009, and which oh-by-the-way, just happens to make it illegal to “annoy” other people via the Internet.
The new federal law states, in Sec. 113, titled “Preventing Cyber-stalking,” that when you annoy someone on the Internet, you must disclose your identity.
Here's the relevant language: "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." (Does that mean it’s ok to harass, annoy, threaten and abuse via the Internet as long as you announce yourself?)
It’s that vague and broad “intent to annoy” phrase that has people worried.
In the light most favorable to the legislators, the impetus behind the law might have been to protect citizens against cyber-stalking. Still, anyone the least bit familiar with the Internet must know that fully half of the posts on message boards these days include disagreements, name-calling, paper-tiger threats, rants, sexual innuendo, and blatant come-ons. And these are just the PG13 message boards!
A paranoid conspiracy theorist might legitimately wonder if the legislation is not a ploy to do away with the long tradition of American free speech – which includes the freedom to publish anonymously (famously practiced by such American patriots as Ben Franklin, who published strong opinions under the pseudonym Mrs. Dogood).
As quoted in Cnet News (http://news.com.com), “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?’”
So just remember: you can be as nasty, mean, threatening and obnoxious as you like, as long as you sign your “real” name!
The new federal law states, in Sec. 113, titled “Preventing Cyber-stalking,” that when you annoy someone on the Internet, you must disclose your identity.
Here's the relevant language: "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." (Does that mean it’s ok to harass, annoy, threaten and abuse via the Internet as long as you announce yourself?)
It’s that vague and broad “intent to annoy” phrase that has people worried.
In the light most favorable to the legislators, the impetus behind the law might have been to protect citizens against cyber-stalking. Still, anyone the least bit familiar with the Internet must know that fully half of the posts on message boards these days include disagreements, name-calling, paper-tiger threats, rants, sexual innuendo, and blatant come-ons. And these are just the PG13 message boards!
A paranoid conspiracy theorist might legitimately wonder if the legislation is not a ploy to do away with the long tradition of American free speech – which includes the freedom to publish anonymously (famously practiced by such American patriots as Ben Franklin, who published strong opinions under the pseudonym Mrs. Dogood).
As quoted in Cnet News (http://news.com.com), “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?’”
So just remember: you can be as nasty, mean, threatening and obnoxious as you like, as long as you sign your “real” name!
Comments