Tuesday, January 10, 2006

Is Being Annoying a Federal Crime?

Blogger Dianna pinged me with an e-mail today, asking me if I'd seen a News.com article from yesterday headlined 'Create an e-annoyance, go to jail,' by technology writer Declan McCullagh. (I had, incidentally.)

The article claimed some scary stuff: That, buried in a law signed last Thursday, it became illegal to post "annoying" Web or e-mail messages without giving your real name.

Basically, it was feared that flaming someone anonymously (or using a screen name, or anything other than your real name), was now a federal crime.

Needless to say, even if it was enforceable (which I don't think it is), it would have a severely chilling effect on speech.

Now, before you panic, check out the BoingBoing entry (and its followups), which has a bunch of lawyers trying to figure out if the law meant what the News.com article thought it meant.

Frankly, my brain isn't wired for legalese, so I'm having a hard time following the discussion. But I don't think the sky is falling just yet.

I will post more about it when people smarter than me come to a consensus on what it all means. In the meantime, you might want to check out some of the linked blogs and resources from the BoingBoing entry.

Thanks. -- Joe

6 comments:

Anonymous said...

Ok "Chicken Little"! Oh Wait...didn't the sky fall in that movie? Ha!

Now what is "annoying"? That will be fun too! What one person finds annoying another doesn't. Geez so wait if you know who it is it ok? So the kids in the back of the car saying "Are we there yet?" a million times is ok but if just text message you without their real name it is? Ha! What politician came up with that? Oh wait...I'm sure many might! HA!

Anonymous said...

There is no way this can be enforced as a federal crime. I wouldn't worry, a certain someone in Washington hasn't become our king...




yet.


Anonymous said...

If being annoying was a federal crime then my mother would have been arrested a long time ago. (hehe)

Thanks for the interesting article, Joe! :-)

~ Susan
http://njmom72.blogspot.com

Anonymous said...

Does this mean they can get the spammers with something else?
Get real people I am not going to post my full name everywhere.

Anonymous said...

I'm hoping they're aiming at so called "cyber stalkers" - people who terrorize and threaten you via email and chat.  I've been a victim of this, and its not fun.  You're right, its really hard to enforce, but I'm hoping AOL and Yahoo and others will kick up the heat and start investigating when this stuff is taking place.  I had zero help from anyone (AOL), and since cyberstalking isn't technically physically stalking people, there was no crime committed.

Hopefully, that's what the law was going to change.

=) kris
http://journals.aol.com/kristeenaelise/thedailypurge

Anonymous said...

Well, I think it should be scary stuff.  Why people want to harrass and just be plain obnoxious to another makes no sense to me.  And, if someone in law enforcement who knows about computers, gets into yours, he will find out what he needs to know.