Strike another blow for freedom of speech.
In fact, strike a blow for the freedom to be anonymously annoying.
Annoying someone via the Internet is now a federal crime. According to a column by CNET News.com's Declan McCullagh, a new federal law now prohibits "...posting annoying Web messages or sending annoying e-mail messages without disclosing your true identity."
He writes that it's okay to flame somebody, but you have to reveal your real identity. The law is part of the Violence Against Women and Department of Justice Reauthorization Act, and violators can be heavily fined and spend two years in prison.
For once, I might actually agree with the ACLU on this. "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."
"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."
While the intent is to prevent cyberstalking, particularly of women, an earlier version of the bill made a lot more sense. It's language prohibited only the use of an "interactive computer service" to cause someone "substantial emotional harm."
"Substantial emotional harm" is substantially more serious and harder to prove than simple anonymous annoyance. There are a few Blogstream bloggers who have "annoyed" me. I simply deleted their comment or ceased communication. Even Mouse One can be "annoying" at times, depending upon your definition of ANNOY. The word means "to bother, vex, make angry." It can also mean "to harm or injure," but most every blog I have read has at some time bothered, vexed and angered me. And thank God for that! (Uh,oh!. I used the word "God." Who have I annoyed?) Part of the purpose of a blog or website is to share different ideas. It's quite a liberal idea and is a freedom this country can't survive without.
McCullagh correctly states that "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."
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