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.
Joined: Thu Dec 16, 2004 1:54 am Posts: 7189 Location: CA
I think there should be a distinction between email/instant messaging and message boards. I don't feel that email/ instant messenger programs are all that different from say using a telephone as they are generally betwixt one person and another. Message boards however, are generally viewed by many people and have administrators that can sort such things out.
Joined: Wed Oct 27, 2004 12:41 pm Posts: 1251 Location: PA Gender: Male
I'll take a break for a minute, I mean I'll give them a break...
Can you make a Citizen's arrest over the internet?
You can probably find the Guilty taking a nap in Lincoln's bedroom,
atleast the last guy got some work done in the oral office, i mean oval...
am i the teacher or the student or
are you implying i am doing something else,
atleast i wasn't the first teacher to get arrested this year,
it's funny because she is still getting paid
and making more then i am (while sitting in jail, better health care too),
eventhough i'm at school teaching right now
i have nothing to worry about because
i disclose my true identity... BatMan.
this reminds me of Shaq,
he is a part time police officer and spends his free time tracking down
internet peds (there has to be a post or a news article some place),
he poses as a little girl, and he messes up a lot,
when asked his height and weight, he types 7-2, 350, instead of 3-10, 65,
and he always complains about Kobe,
what little kid on the net is going to talk trash about kobe,
only shaq,
i think he did get 1 guy, but not me!
Annoying people in public should be a federal crime,
not to mention violating the 4th amendment,
going to war without the vote by congress,
J-walking, selling posters,
scalping (cutting the top of someone's head off,
not selling tickets above face value, that's OK), etc.
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