Walking on Eggshells

Stitch Lips · Post by **Stitch Lips** » Wed Jan 11, 2006 12:51 pm

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 ending annoying e-mail messages without disclosing your true identity. Government Web sites are keeping an eye on you. Patriot Act defenders tout 'safeguards'. In other words, it's OK to flame someone 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. Put the handcuffs on Bluesbuddy! "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." 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. A law meant to annoy? The new 'annoy' law explained a practical guide to the new federal law that aims to outlaw certain types of annoying Web sites. 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 hockey web site. 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. <img src=http://www.ezboard.com/images/emoticons/pimp.gif ALT=":hat"> - "If you shut up truth and bury it under the ground, it will but grow, and gather to itself such explosive power that the day it bursts through it will blow up everything in its way." -- Emile Zola, J'accuse

bluesbuddy · Post by **bluesbuddy** » Wed Jan 11, 2006 12:56 pm

mah-self hopes dat day letz mah-self 'av a 'puter in jailz so mah-self kin keep tabz on dis wunderful, fine forumz. slappy, willz yewz cum 'an visit mah-self on okay-shun? <img src=http://www.ezboard.com/images/emoticons/smokin.gif ALT=":smokin"> - any udder commentz on dis legislashun? mah-self tinks big brudder iz goin a bitz two far --- 'an mah-self iz conservative! <img src=http://www.ezboard.com/images/emoticons/grin.gif ALT=" >D">

packerboy · Post by **packerboy** » Wed Jan 11, 2006 1:15 pm

These guys ever hear about the first amendment? I think Ill send an annoying email and not sign it to protest this law. Thats it. It will be the first test case. You guys have heard of Brown vs Board of Education.....Roe vs Wade. How about The United States of America vs packerboy? It will be historic.

Ibleedgreen · Post by **Ibleedgreen** » Wed Jan 11, 2006 1:32 pm

i like it packerboy

BIAFP · Post by **BIAFP** » Wed Jan 11, 2006 1:42 pm

If you happened to have been born in prison, you are exempt!<img src=http://www.ezboard.com/images/emoticons/smokin.gif ALT=":smokin">

slapshooter · Post by **slapshooter** » Wed Jan 11, 2006 1:45 pm

This thread is annoying! <img src=http://www.ezboard.com/images/emoticons/eyes.gif ALT=":rolleyes"> <img src=http://www.ezboard.com/images/emoticons/mad.gif ALT=">:"> Lock 'em up! <img src=http://www.ezboard.com/images/emoticons/mad.gif ALT=">:"> S <img src=http://www.ezboard.com/images/emoticons/frown.gif ALT=":("> S Edited by: <A HREF=http://p100.ezboard.com/bmnhs.showUserP ... shooter</A> at: 1/11/06 1:48 pm

packerboy · Post by **packerboy** » Wed Jan 11, 2006 2:19 pm

What if you enjoy being annoyed? Think about it.

buddy · Post by **buddy** » Wed Jan 11, 2006 2:59 pm

This whole thing is kind of annoying!

Roofusstoofuss · Post by **Roofusstoofuss** » Wed Jan 11, 2006 3:19 pm

all you who believe that are retards~

bluesbuddy · Post by **bluesbuddy** » Wed Jan 11, 2006 3:46 pm

hay roof-roof snoop doggy-dog boyz, r yewz say'in dat stitchy pooh iz a liar 'an dat he made dis hole ting up? or r yewz say'in dat if yewz bah-leeve watt buddy sez, yewz r a a person wit mental handicapabilities? witch iz it --- ? <img src=http://www.ezboard.com/images/emoticons/smokin.gif ALT=":smokin"> enquiring mindz wantsta knowlez

packerboy · Post by **packerboy** » Wed Jan 11, 2006 3:47 pm

And annoying retards at that.

Post by **east hockey** » Wed Jan 11, 2006 4:23 pm

<blockquote>Quote:<hr>intent to annoy, abuse, threaten, or harass any person...who receives the communications.<hr></blockquote> Ok, so here is my defense; it wasn't my intent to annoy, abuse threaten, blah blah. Those results were just a happy byproduct <img src=http://www.ezboard.com/images/emoticons/laugh.gif ALT=":lol"> Lee ____________ Message Board arsonist since 2005

BELOW 0 ZERO · Post by **BELOW 0 ZERO** » Thu Jan 12, 2006 1:23 am

1.Start a new Brainerd thread after every game.<img src="http://joanongovernment.homestead.com/f ... adshot.gif" style="border:0;"/> 2.Post a message asking how to post messages. <img src="http://joanongovernment.homestead.com/f ... around.gif" style="border:0;"/> 3.Correct every spelling mistake you encounter, but misspell the word "imbecile" in your followup flames.<img src="http://joanongovernment.homestead.com/files/naughty.gif" style="border:0;"/> 4.Flame yourself, and complain to Lee. <img src="http://joanongovernment.homestead.com/files/nono.gif" style="border:0;"/> 5.Accuse female posters of being male. Or vice-versa (ahem bzzz....SLAP) <img src="http://joanongovernment.homestead.com/f ... age001.gif" style="border:0;"/> 6.Post only in broken Anglitch. <img src="http://joanongovernment.homestead.com/f ... age013.gif" style="border:0;"/> 7.Claim to be an amorous highschool cheerleader while posting under a name such as "GR19." <img src="http://joanongovernment.homestead.com/f ... age017.gif" style="border:0;"/><img src="http://joanongovernment.homestead.com/f ... rlead1.gif" style="border:0;"/> 8. Claim that unidentified government agencies are censoring your posts. I will visit ya bluesie.<img src="http://joanongovernment.homestead.com/f ... nladen.gif" style="border:0;"/> 9.Ask the board to chip in for your EZ-supporter. <img src="http://joanongovernment.homestead.com/f ... age012.gif" style="border:0;"/> 10. Constantly bring up best arena, best coach, best player ever, best PA guy, best radio, best team ever, best catholic school, best poster, best ice, bestthread until You read what was wrote last time. <img src="http://joanongovernment.homestead.com/f ... dhorse.gif" style="border:0;"/>

BIAFP · Post by **BIAFP** » Fri Jan 13, 2006 3:26 pm

we had better all walk on eggshells as the ezboard police have declared war on freedom of speech. Just glad I wasn't a human punching bag as a kid!

EREmpireStrikesBack · Post by **EREmpireStrikesBack** » Fri Jan 13, 2006 3:44 pm

Below, that was definitely one of the best lists I have ever seen especially being complete with emoticons to boot. Your EZsupporter was definitely well worth it <img src=http://www.ezboard.com/images/emoticons/laugh.gif ALT=":lol"> <img src=http://www.ezboard.com/images/emoticons/glasses.gif ALT="8)"> Elk River AA State Champions- 2001 Boys & 2004 Girls

AngusYoung · Post by **AngusYoung** » Fri Jan 13, 2006 3:47 pm

Will the EZ Board have a Hall of Fame for all the "defunct' posters? Better to be a has been than a never was. Bluesy was the best in the business - he will be sorely missed. (Taps playing............) <img src=http://www.ezboard.com/images/emoticons/smokin.gif ALT=":smokin"> <img src=http://www.ezboard.com/images/emoticons/smokin.gif ALT=":smokin"> <img src=http://www.ezboard.com/images/emoticons/smokin.gif ALT=":smokin"> <img src=http://www.ezboard.com/images/emoticons/smokin.gif ALT=":smokin"> <img src=http://www.ezboard.com/images/emoticons/smokin.gif ALT=":smokin"> <img src=http://www.ezboard.com/images/emoticons/smokin.gif ALT=":smokin"> <img src=http://www.ezboard.com/images/emoticons/pimp.gif ALT=":hat"> <img src=http://www.ezboard.com/images/emoticons/pimp.gif ALT=":hat"> <img src=http://www.ezboard.com/images/emoticons/pimp.gif ALT=":hat"> <img src=http://www.ezboard.com/images/emoticons/pimp.gif ALT=":hat"> <img src=http://www.ezboard.com/images/emoticons/pimp.gif ALT=":hat"> <img src=http://www.ezboard.com/images/emoticons/pimp.gif ALT=":hat">

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Walking on Eggshells

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