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Mice that ROAR


 Don't Annoy Me. It's the Law!
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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."
Posted by MOUSE ONE at 9:10 AM - 3 Comments   Add a Comment  
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You make me proud Mouse One: As a Champion of Justice, I fully understand the need to preserve the First Amendment and at the same time protect against those who might use the net to annoy others. Even I use the net to foil the plots of Oil Can Harry, which I hope causes him mucho distresso, but I always let him know who I am by singing, "HERE I COME TO SAVE THE DAY". Everyone knows who that is. You don't think this new law would apply to spammers, do you? I would love to ring up some spammers. They annoy me more, even thought they identify themselves, than bloggers who use blog names. I shall invoke the principle of posse comitatus and appoint you in my stead to work out this whole situation. (Being a Super Hero is great). I'll be looking for your report. "HERE I COME TO SAVE THE DAY"!  
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by Mighty Mouse (PM , CC ) on Thursday January 19, 2006 @ 3:24 PM




Mr. Mighty Mouse: Mouse One and her family (Field Mouse, Computer Mouse, House Mouse and Lab Mouse) have been squeaking with delight upon learning of your existence in the 'Stream! Wee mice like us must survive by avoiding the mousetraps and all that icky glue, choosing our cheese carefully and only occasionally getting out of the comfort zone. Now, we know who to call to come and save the day! As for those spammers, I say annoy them all you want. If you get slapped with an annoyance citation, slap them with one too. Then, you'll be even! Oh, and stay away from those cats!  
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by MOUSE ONE (PM , CC ) on Thursday January 19, 2006 @ 5:53 PM




I appreciate the caveat re the cats, but someone has to do something about those unkept litter boxes, hair balls and evil plans to dominate the world. Super Heroes must be ever vigilant for villainy (that little phrase came with my yellow suit). Say hello to the fam', for HERE I GO TO SAVE THE DAY!!!  
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by Mighty Mouse (PM , CC ) on Thursday January 19, 2006 @ 6:15 PM


 

 

 

 

 

 

 

 

 

 

 

   
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