Re: [SAGE] [Fwd: [IRR] Create an e-annoyance, go to jail]

["Mark R. Lindsey" <lindsey@acm.org>]

<believes-in-the-system>
This whole thread/rumor is based on silly generalizations of the  
telecom and rules that apply it to Internet-based telephony. VoIP is  
legally considered, for certain purposes, telephony. That doesn't  
mean that *everything* IP is no governed by laws and rules that apply  
to telephones.

If this were true, you'd already have to pay federal excise tax on  
your ISP access charges. But you don't. Do you think they'd let you  
keep money if they thought it could be collected as taxes?
</believes-in-the-system>

<synic>
Of course, lawyers and politicians may turn out to excel at silly  
generalizations of this sort, and try to do exactly what's dreaded.
</synic>


On Jan 9, 2006, at 2:10 PM, Strata R. Chalup wrote:

>
> This looks like 10 pounds of trouble in a 5 pound box.
>
> -------- Original Message --------
> Subject: [IRR] Create an e-annoyance, go to jail
> Date: Mon, 9 Jan 2006 13:12:43 -0500
> From: Monty Solomon <monty@roscom.com>
> To: undisclosed-recipient: ;
>
>
> Create an e-annoyance, go to jail
> By Declan McCullagh
> Story last modified Mon Jan 09 04:00:00 PST 2006
>
> 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 sending annoying
> e-mail messages without disclosing your true identity.
>
> In other words, it's OK to flame someone on a mailing list or 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.
>
> "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."
>
> 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."
>
> ...
>
> http://news.com.com/2010-1028-6022491.html
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> Strata R Chalup [KF6NBZ]                         strata "@"  
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