Flame on a message board, go to jail.

snarko said:
I'll argue the opposite. If they want to win in court they have to prove that it was in fact your intent to annoy. How do you prove that? Just because someone find this post annoying doesn't mean it was my intent to annoy them...

That's certainly valid, but be mindful that they might not necessarily want to win in court, they might only be looking to identify the annoying poster in real life. Removing anonymity is potentially a goal in and of itself, and the simple bringing of charges is usually enough to accomplish it.
 
All of you offend me. Be prepared to receive my lawyer's letter in the mail.
 
I agree with MarineCorps; if this is ever used it will be quickly shot down as a violation of the First Amendment - you have the right of freedom of speech, even when it annoys something. There is no Constitutional Right to be free from annoyance.

This is simply ludicrous.
 
I like this stupid law, simply because it does not apply to me.
 
:lol: :rotfl: :lol:
pointandlaugh.gif


If Americans make laws like this, Australia cant be far behind.:cry:
 
IglooDude said:
That's certainly valid, but be mindful that they might not necessarily want to win in court, they might only be looking to identify the annoying poster in real life. Removing anonymity is potentially a goal in and of itself, and the simple bringing of charges is usually enough to accomplish it.
And would that make it open for retaliation? In case the anonymous person wasn't really harassing the person.

This law stinks and what stinks even more was that it was shoved in the middle of a very important bill.
 
MobBoss said:
Another example of "feel good" legislation resulting in crap legislation.

It really, really is true...the road to hell is paved with all sorts of good intentions.
It'll likely be in the dustbin of weird laws until someone gets the bright idea to actually enforce it.
 
BasketCase said:
That bit is the reason this legislation won't go anywhere.

Precisely my point. They've got a greater chance at attaining world peace than making this charge stick.
 
ainwood said:
What really surprises me is that the system actually allows pieces of completely unrelated legislation to be slipped-in and passed in a package-deal. Shouldn't every bit of legislation (well, topic at least) be considered seperately?
This is one of the biggest issues with the size and magnitude of the U.S. government. To get something legitimate passed, like violence against women and telephone harrassment, there are leigislators who have constituents that want things added to to every bill. This is what we call "pork barrel politics" and this was the particular pork added to this one.
 
I know the have signed up a user agreement, but does this bypass Mods authority? Could their "warnings" count as harassment?

Admittedly the Mods can claim they were merely responding to their own harrasment.. but i dont think

"But he hit me first!" Is a valid argument after kindergarten?
 
The Yankee said:
And would that make it open for retaliation? In case the anonymous person wasn't really harassing the person.

Yes, but then the burden would be on the "annoyer" to prove that the annoyee never intended to go to trial with it; intentions are always difficult to prove.

Anyway, there is some question as to whether this law would only apply to VOIP (to bring that into line with regular telephone harassment laws) and/or whether there must be the intention to harass/annoy by the annoyer, not just whether the annoyee gets annoyed. This law will probably have less effect overall than the FBI's special task force that is going after sadomasochism on the internet; S&M websites (images, stories, forums, etc) are closing shop left and right out of fear of criminal prosecution and jail time.
 
IglooDude said:
Yes, but then the burden would be on the "annoyer" to prove that the annoyee never intended to go to trial with it; intentions are always difficult to prove.

Anyway, there is some question as to whether this law would only apply to VOIP (to bring that into line with regular telephone harassment laws) and/or whether there must be the intention to harass/annoy by the annoyer, not just whether the annoyee gets annoyed. This law will probably have less effect overall than the FBI's special task force that is going after sadomasochism on the internet; S&M websites (images, stories, forums, etc) are closing shop left and right out of fear of criminal prosecution and jail time.
And this just shows that common sense amongst our lovely members of Congress is nearly nonexistant.

It would be fairly obvious in some cases that there is clear harassment, and others where it's clear that there isn't. The confusion should come in the middle, where you could argue for or against. In which case, that's why we have a judicial system and juries (though, let's face it, we get a fair share of whackos in there also). But legislation like this, which is obviously extremely vague, is troubling.
 
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