Create an e-annoyance, go to jail

C-Net News.com ^ | 1.9.2006 | Declan McCullagh

[Sonar5]

Excerpt: (full Story at link) 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."

It's illegal to annoy

A new federal law states 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."

......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.

[Sonar5]

Unbelievable....

What was Specter thinking y inserting this crap. I find the whole law annoying, so who do I sue?

I did a search and didn't find anything on this, so I figured I would post it.

This thing will be struck down as soon as a case goes to some court.

But what I fear in the process is ISP's and others restricting free speech and using this law as the excuse to do so.

So what do we do about it?

The law is here: http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.03402:

Time to fight for our rights.

Sincerely, An Annoyed Person who refuse to use his real name in this thread. AKA Sonar5

[Borges]

Search is your friend...

http://www.freerepublic.com/focus/search?m=all;o=time;s=annoyance

[Semper Paratus]

I'm annoyed. Who do I sue?

PS: If this post annoys anyone, sue me!

[GaltMeister]

Someday we can all tell our grandkids about the good ole days, back when we could have flame wars on the Internet.

[hillary's_fat_a**]

This is likely to be as effective and enforced as the "DO NOT SPAM" law that went into effect last year ...

[sully777]

There are web hosting sites that shut down your blog if someone in N. Korea has a burr in their saddle or a Kim Jong Ill caption like this http://www.freerepublic.com/focus/f-news/1555381/posts?page=35#35

[ancient_geezer]

That is annoying :OP

[Sonar5]

I did search, bit not for annoyance.

I searched for Annoy and annoying, annoying illegal,....

Sorry, the engine didn't find it, but I did search. :-)

[Junior]

Well, there goes FR...

[phoenix0468]

What defines annoying? Is there a legal precidence of annoyance? If I were to continue to ask questions on this obviously insane law would that be annoying. Will the annoyance have to be judged by a panel of experts on things that are annoying? Will this create an annoying new governmental agency who's sole purpose is to find out what annoys us and create policy statements on such matters. Oh, wait, they already have the IRS. BWAHAHAHAHAHAHA!

I so dog gone funny I annoy myself, crap now the cops are gonna come for me.

[phoenix0468]

No, no, no lawsuite buddy, you go straight to jail, do not pass go do not collect $200. And if that annoys you than I'll just be your cellmate, hows that for annoying. We can all just annoy each other in jail. Maybe they can open a new prison right next to Guantanamo for annoying people such as us.

[Sonar5]

I decided I ain't done yet.

The other Author only put in a these keywords:
ANNOYINGDUPLICATE; INTERNET

And Topics:
crime/corruption

So you tell me, how I'm supposed to find it.

Why not just comment on the thread instead, oh perfect one.

And if my post annoys you, have me arrested. :-)

[phoenix0468]

I kind of find it annoying when I'm pulled over by the police. Can I have them arrested for annoying me?

Jeeze, what the hell is this country coming too!! I mean really no BS involved here. What the crap are our representative doing up there on the hill? This is getting rather annoying, arrest the lot of them!!

[highball]

"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."

Scary, when the ACLU actually makes a good point.

This law invites abuse. Bad, bad idea.

[Dianna]

What defines annoying?

A thread from yesterday gives definitions. This law, basically, extends telephone protections to the internet. It does go farther than being an irritation. I'll take a look.

[phoenix0468]

Actually this law could invite circular retribution. But what really has me scratching my head is, does the law trump privacy laws that would bar ISP's and other entities from divulging the identities of these annoying people? You break one law to enforce another? Kind of annoying isn't it?

[Borges]

Oh calm down I just wanted to point out the other threads on this subject.

[martin_fierro]

So you tell me, how I'm supposed to find it.

e-annoyance

[phoenix0468]

Are you referring to crank callers? I mean that's really annoying, but it's kind of hard to crank call someone on a bulletin board isn't it?

[ancient_geezer]

I kind of find it annoying when I'm pulled over by the police. Can I have them arrested for annoying me?

Only if they pull you over for exceeding the speedlimit on your DSL or broadband connection ;O)

[Texaggie79]

Dang, I need to file bankruptcy quick!

[phoenix0468]

That's a good one!!

[Sonar5]

Well, I told the mods they can remove it, lest any of the perfect people here be annoyed...

[phoenix0468]

I'm surprised no one finds my annoying use of annoying annoying. I mean come on guys this is our chance to annoy the leadership into actually thinking before they write some stupid annoying law. I will be a martyr for this annoying cause. I could even trump Cindy Sheehan in annoyance with this little act of defiance. I could be forever branded the annoying hero of annoyances. Hey, any way to get my fifteen minutes right?

[ancient_geezer]

Well, it is the "Information Highway", afterall :OP

[manglor]

http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR03402:@@@R

It was approved unanimously in the Senate and 415-4 in the House. Ron Paul and one other Republican opposed it.

Heads need to roll for this travesty. You can take my right to post anonymously the same time you come to take my guns.

[Condor51]

This was posted yesterday you ANNOYING JERK.

Are you too stoo-pid to use the SEARCH function, or just lazy. Sheesh, people like you need to be whipped - just on principle.

Sincerely,
Chuck Schumer
U.S. Senate (D-NY)
Washington D.C.

:-)

(seriously, it was posted yesterday)

[phoenix0468]

Yes, but it's a SuperHighway. I thought there was no speed limit on SuperHighways.

[phoenix0468]

My blood pressure is rising while I laugh to the point of unconsiousness. That's a hella lot funnier than my posts.

[ancient_geezer]

That's why it's so "ANNOYING"!!!

[Dianna]

http://www.freerepublic.com/focus/f-news/1554663/posts

Here is a thread from yesterday that explains definitions.

[fzx12345]

I find the both the phrase "information superhighway" and the use of InterCaps to be annoying.

[Dianna]

Here is what seems to be the salient point of the law:

(ii) initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is obscene, lewd, lascivious, filthy, or indecent, with intent to annoy, abuse, threaten, or harass another person;

[Hank Rearden]

Once again, Bush is idiotic, Republicans are idiotic.

Come and get me, coppers!

[phoenix0468]

I would like to find out how many times the word annoy, or any of it's derivatives were used here. We may just reach a new level of annoyance with this thread. Would mean every poster on this thread is under threat of arrest? We could all sit in our cell together and annoy the other inmates that committed real crimes, that would be kinda fun actually.

[Sonar5]

You'll get my keyboard when you pry it from my cold dead fingers.

[Sonar5]

Now you're just being annoying...

If I were you, I wouldn't go anywhere. Just wait around, put on some clean underwear, I'm sure that knock on the door is forthcoming. :-)

[Smokin' Joe]

Considering that the 'nom de plume' is a long established device of authors, and that the authors of the Federalist Papers wrote under pseudonyms, I have a hard time seeing this withstand any well conducted Constitutional challenge.

[phoenix0468]

My work here is done, thank you.

[snuffy smiff]

spector has been annoying me for years

I so wish he'd "find" another magic bullet

but at the risk of banishment, I won't say how or where

[Khankrumthebulgar]

The FemNags and their Socialists Buddies want to stiffle Disent. That is the stated goal. What the Hell is Bush doing signing the piece of FemNag Pork anyway? We are subsidizing the demonization of Men and breaking up more families. How brilliant is this? When will Conservatives start voting for Limited Government, Families, Men's Rights again?

Repblicrats are RINOs. Republican In Name Only. I am extremely upset with Bush for this. Lets use our tax dollars to create more single Mother homes, kill more children, and create more Criminals. This is not just stupidity it is gross Stupidity.

[AnotherUnixGeek]

"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."

For once, I'm with the ACLU. Is this even Constitutional? Anonymous speech isn't protected? Does this mean that every corporate or government whistle-blower needs to provide his/her name? Specter's a disgrace.

[phoenix0468]

speaking of gross stupidity have you seen this?

[Sonar5]

Ok, Now that should get you arrested and banned

[Sonar5]

Yeah...yeah...Yeah......

Love ya Chuck...

you lying piece of democrat carp baby killing supporting jerk...

ooh... I typed that, I guess I'm thinking on the keyboard again...

[JZelle]

[dalight]

It seems to me... that almost anyone could be annoyed with what is on either Free Republic or the Democratic Underground. This makes it a crime not to give your Identity in this situation so that all posters to all forums including AOL chat rooms will have to give peoples identifying information in order to avoid breaking the law.

Offering anonymity in posting could possibly construed as aiding and abetting or participating in this crime so that Free Republic would be forced to post everyone's identities as would MSN, Yahoo and AOL... sounds like the whole world of chat and such has been changed if this stands..

[patriotwarrior]

I find DU annoying....does this mean I can make them stop?

[Sonar5]

yeah, but If I register using my real name so that it is disclosed to the site woners, am I in compliance?

good test case, I think.

I always use my real name when I sign up, but I don't necessarily disclose my real name in every post.