more on Create an e-annoyance, go to jail

[David Farber <dave () farber net>]

Begin forwarded message:

From: "Lin, Herb" <HLin () nas edu>
Date: January 9, 2006 2:23:20 PM EST
To: dave () farber net, ip () v2 listbox com
Subject: RE: [IP] Create an e-annoyance, go to jail

Here's the relevant statute.  From what I see, this puts harassing  
and annoying email and instant messages at the same level as a  
harassing or annoying phone call.

Was the prohibition against annoying phone calls dumb or misguided?   
If not, why is email or IM different?

Herb
===


The Act in question says

SEC. 113. PREVENTING CYBERSTALKING.

(a) In General- Paragraph (1) of section 223(h) of the Communications  
Act of 1934 (47 U.S.C. 223(h)(1)) is amended--

(1) in subparagraph (A), by striking `and' at the end;

(2) in subparagraph (B), by striking the period at the end and  
inserting `; and'; and

(3) by adding at the end the following new subparagraph:

`(C) in the case of subparagraph (C) of subsection (a)(1), includes  
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 (as such term is  
defined in section 1104 of the Internet Tax Freedom Act (47 U.S.C.  
151 note)).'.

(b) Rule of Construction- This section and the amendment made by this  
section may not be construed to affect the meaning given the term  
`telecommunications device' in section 223(h)(1) of the  
Communications Act of 1934, as in effect before the date of the  
enactment of this section.


Here is Title 47, § 223. Obscene or harassing telephone calls in the  
District of Columbia or in interstate or foreign communications


Release date: 2005-03-17

(a) Prohibited acts generally
Whoever-
(1) in interstate or foreign communications-
(A) by means of a telecommunications device knowingly-
(i) makes, creates, or solicits, and
(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;
(B) by means of a telecommunications device knowingly-
(i) makes, creates, or solicits, and
(ii) initiates the transmission of,
any comment, request, suggestion, proposal, image, or other  
communication which is obscene or indecent, knowing that the  
recipient of the communication is under 18 years of age, regardless  
of whether the maker of such communication placed the call or  
initiated the communication;
(C) makes a telephone call or utilizes a telecommunications device,  
whether or not conversation or communication ensues, without  
disclosing his identity and with intent to annoy, abuse, threaten, or  
harass any person at the called number or who receives the  
communications;
(D) makes or causes the telephone of another repeatedly or  
continuously to ring, with intent to harass any person at the called  
number; or
(E) makes repeated telephone calls or repeatedly initiates  
communication with a telecommunications device, during which  
conversation or communication ensues, solely to harass any person at  
the called number or who receives the communication; or
(2) knowingly permits any telecommunications facility under his  
control to be used for any activity prohibited by paragraph (1) with  
the intent that it be used for such activity,
shall be fined under title 18 or imprisoned not more than two years,  
or both.




-----Original Message-----
From: David Farber [mailto:dave () farber net]
Sent: Monday, January 09, 2006 12:49 PM
To: ip () v2 listbox com
Subject: [IP] Create an e-annoyance, go to jail



Begin forwarded message:

From: Gregory Hicks <ghicks () well com>
Date: January 9, 2006 12:35:35 PM EST
To: dave () farber net, ip () v2 listbox com
Cc: ghicks () cadence com
Subject: Create an e-annoyance, go to jail
Reply-To: Gregory Hicks <ghicks () well com>


http://tinyurl.com/9ljnb

or
http://news.com.com/Create+an+e-annoyance%2C+go+to+jail/
2010-1028_3-6022491.html?part=rss&tag=6022491&subj=news

"Create an e-annoyance, go to jail
  Published: January 9, 2006, 4:00 AM PST

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." "


-------------------------------------------------------------------

I am perfectly capable of learning from my mistakes.  I will surely  
learn a great deal today.

"A democracy is a sheep and two wolves deciding on what to have for  
lunch.  Freedom is a well armed sheep contesting the results of the  
decision." - Benjamin Franklin

"The best we can hope for concerning the people at large is that they  
be properly armed." --Alexander Hamilton




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