It’s Illegal to be Annoying

Update: Apparently, the article I’m quoting is somewhat misleading. According to a lawyer’s comment on BoingBoing:

Declan’s article is misleading. The provision extends a telephone harassment law to apply to email. Declan describes the provision as applying whenever a person “annoys” another: “A new federal law states that when you annoy someone on the Internet, you must disclose your identity.”

But that’s not what the law says. Instead it provides: “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.”

Note that “annoy” is part of the intent element of the statute — it requires the intent to annoy, abuse, threaten or harass. Far from an anti-anonymity provision that applies whenever a person annoys another, it is merely a prohibition on harassment.

Thanks, Don! This kind of thing happens when I’m a bit behind…

No, I’m not kidding. 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.

[…] 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.

Once again, something which, admittedly, likely started from good intentions — preventing cyberstalking — has been dumbed down to the point of ludicrousness by politicians too stupid to think about the real legal ramifications of the laws they’re enacting.

On the bright side, maybe we can use this law to get the freepers booted off the ‘net? ;)

(via seattle)

“Relax (AK1200)” by Keoki from the album Jealousy (2001, 6:46).