Jan 12, 2006 20:00
"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."
That would be one of the lesser known effects of the Violence Against Women and Department of Justice Reauthorization Act of 2005. It's hidden pretty well; it's a small amendment in a bill that you can't vote against and remain politically viable- who isn't against violence against women, after all? The amendment changes part of the Communications Act of 1934- specifically, the section which applied to anonymous harassment over the phone- so that it applies to any internet communication. That's why there are all the ellipses in the above quote; you have to pull from more than one act to figure out what the law actually is.
So careful; I'm pretty sure all of you reading this have blogs of your own, and I don't think many of you post your real name on them. That makes them anonymous communications transmitted by the internet. If anyone thinks you posted something with the intent to annoy- best watch out, you could do two years of jail time and/or be fined.
Of course this is an obvious violation of the first amendment if you're not actually actively harassing an individual. The only way the amendment would last long after someone was actually prosecuted for something like that is if we had a bunch of truly unreasonable individuals on the Supreme Court...
Erm. I wonder if this constitutes intent to annoy?