GameAmp: Federal Law prohibits Anonymous Flaming/Annoying

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govtmorgue

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Federal Law prohibits Anonymous Flaming/Annoying

Well now ain't this the day and age. As you all know, flaming and griefing aren't tolerated at this site. This makes the community as a whole much more enjoyable and likely to come back to. President Bush has jumped into the mix and stated that FLAMING IS ILLEGAL unless posted under your real name. The full details are here.

The full quote of the paper is below for easier access.

QUOTE

President Bush has made it a crime to post annoying Web messages or sending annoying e-mail messages without disclosing your true identity.
The law is buried in the Violence Against Women and Department of Justice Reauthorization Act. Criminal penalties include stiff fines and two years in prison.

Under the wording you are allowed to flame someone if you use your real name. But there are also a few problems with the wording.

The law makes it illegal for anyone who: "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." So getting a good conviction is dependant on people agreeing on what is the meaning of the word annoying.

The law is designed to prevent cyberstalking, but having a look on Usenet, I think this one is going to make for some very interesting court cases, if it is possible to enforce.

And a more opinionated founding is here.

And quoted below for your liesure:

QUOTE

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.

QUOTE

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."

01/10/06 08:43

BishopDon

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RE: Federal Law prohibits Anonymous Flaming/Annoying

Hmmm, so...I can't make anymore posts on here because my true identity has been withheld???

Or before posting, do I have to provide proof (get it documented and notarized) that my intent was not to offend, harm, annoy, etc. anyone?!?!

This could be interesting...

Oh...My intent was not to offend, harm, annoy any with this post : )

01/10/06 10:05

RonJ73

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RE: Federal Law prohibits Anonymous Flaming/Annoying

That is the most idiotic and ridiculous thing I've ever heard in my life. This is what happens when you have a Republican President and a Republican Congress.

I don't generally like bringing political discussions to totally un-political boards, but Bush Sucks.

Just in case this annoys anyone,
Ronald H Jakubisyn II
After all, I wouldn't want to be thrown in jail for 2 years because I annoyed someone by saying that the CURRENT administration sucks.

Ladies and Gentlemen, welcome to the Soviet States of Amerika.

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01/10/06 11:19

KLaw

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RE: Federal Law prohibits Anonymous Flaming/Annoying

*points finger*
OBJECTION! (sorry i had too...ive played too much Pheonix Wright)
This stupid law clearly contradicts our right to free speach. If we are allowed to say "your a *insert profanity here* idiot" in real life the same should be allowed on the internet. How can you fine or throw someone in jail for speaking their mind? People have to learn that IF YOU DONT LIKE WHAT YOU SEE OR ARE ANNOYED AT WHAT YOU SEE, LOOK AWAY!!!!!
I swear with all the terror, violence and war going on in the world, these idiots in Washington have to whine about TV, music, games and what is done on the internet. Heh now they got to net insulting, smoking (i dont smoke but i think its stupid to ban it in some states) and soon no drinking and no talking.

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01/10/06 14:38

Hobsnob

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RE: Federal Law prohibits Anonymous Flaming/Annoying

All I can saw is I feel sorry for you guys. I can flame all I like! Though with Blair wrapped around Bush's little finger it'll probably cross the atlantic at some point.

It is a ridiculous law. And I don't see how they can enforce it. Does having my name in my details on the profiles page? I personally find bad grammar annoying. Can I send someone to prison if they are illiterate?

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01/10/06 14:54

RonJ73

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RE: Federal Law prohibits Anonymous Flaming/Annoying

I'll have to look for what the exact wording of this law is. I don't imagine this is going to stand up very long, if at all.

I mean, I find SPAM mail annoying, does that mean that all the spammers in the United States are now going to be sent to prison since they never give correct names or e-mail addresses?

01/10/06 15:05

Rainah

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RE: Federal Law prohibits Anonymous Flaming/Annoying

QUOTE

ye syes send the spammers we dont need them anyways ......

01/10/06 17:54

govtmorgue

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RE: Federal Law prohibits Anonymous Flaming/Annoying

Actually, the law is mainly aimed at spammers. The reason being is so that they don't send you NSFW sites, and so they stop being so damn annoying. Mainly though, I was just letting you all know so you don't go messing around with someone and suddenly get sued.

01/10/06 21:44

KombatJesus

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RE: Federal Law prohibits Anonymous Flaming/Annoying

QUOTE

More like the united communist fascist states of america. . .all governmental(presidential/congressional) administrations of yesterday and today have been working toward such a goal for some time, some subtly(past democrats) and some not so subtly(past republicans) - all of them follow their directive to acheive their goals mostly through misdirection. . .throw in War on Terror, a Stained Dress scandal, etc. and you got yourself a few Bills of dubious reason passed. . .

01/10/06 21:59

govtmorgue

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RE: Federal Law prohibits Anonymous Flaming/Annoying

Sorry Kom...my brother is in Iraq right now...so what you say annoyms me. :P. Howevere...the boys overseas being screwed really do deserve credit

01/10/06 22:12

Anachron

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RE: Federal Law prohibits Anonymous Flaming/Annoying

Just that fact that this post was posted could annoy someone.

Uhoh...

HAHAHAHAHA!

I'm certain there are lawyers just waiting to get their hands on cases like this, win or lose lol they get paid! PHAT! :D

Bet it was proposed by Lawyers, I betcha.

I wonder what the Grace period is on annoyance?

Hunger, War, Oil Prices, Disease, Clearcutting, Water polution, Global warming, Poverty, Drugs, Education, Food ingredients, Housing, Unemployment, Internet Annoyance...

...Yeah I can see how its something we need a Bill for and that congress should spend time on, Tax Dollars at work...

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01/10/06 23:32

Scotty McPain

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RE: Federal Law prohibits Anonymous Flaming/Annoying

im glad to see some democrats (or liberal statements) I thought we were a dieing race, and we might be.

Not to offend, but this is complete bull #@!&

thank u

-Scotty

01/11/06 05:51

BishopDon

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RE: Federal Law prohibits Anonymous Flaming/Annoying

I personally find this entire post and anyone that has commented to it...annoying, and futhermore...uh...wait...I replied to this once...darn it! I have to sue myself for being annoying now...excuse me wbile I contact my lawyer to start the paperwork to sue myself for being annoying.

I'll let everyone know how the case turns out.

01/11/06 07:26

Electro

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RE: Federal Law prohibits Anonymous Flaming/Annoying

You guys get all worked up over nothing. All this provision does is extend the Communications Act of 1934 to include internet devices. It has always been against the law to make prank and annoying phone calls (although telemarketers seemed to get away with it for a long time!) whose sole intent was to harass someone. Now the definition of 'communication device' had to be alteretd to bring us into the 21st century. This is merely closing a loophole opened by technology. Now you cannnot prank/annoy people through e-mail or the use of internet phone services.

While I guess the intent could be perverted to include internet message boards, I think it is a stretch and can't see anyone actually pursuing that line of thinking.

01/11/06 10:31

RonJ73

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RE: Federal Law prohibits Anonymous Flaming/Annoying

You have far too much faith in the United States Legal System...

01/11/06 12:07

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