Ray

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.



SEC. 113. PREVENTING CYBERSTALKING.

(a) In General- Paragraph (1) of section 223(h) of the Communications Act of 1934 (47 U.S.C. 223(h)(1)) is amended--

(1) in subparagraph (A), by striking `and' at the end;

(2) in subparagraph (B), by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following new subparagraph:

`(C) in the case of subparagraph (C) of subsection (a)(1), includes 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 (as such term is defined in section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note)).'.

(b) Rule of Construction- This section and the amendment made by this section may not be construed to affect the meaning given the term `telecommunications device' in section 223(h)(1) of the Communications Act of 1934, as in effect before the date of the enactment of this section.

SEC. 114. CRIMINAL PROVISION RELATING TO STALKING.

(a) Interstate Stalking- Section 2261A of title 18, United States Code, is amended to read as follows:

`Sec. 2261A. Stalking

`Whoever--

`(1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, or causes substantial emotional distress to that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or

`(2) with the intent--

`(A) to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or

`(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to--

`(i) that person;

`(ii) a member of the immediate family (as defined in section 115 of that person; or

`(iii) a spouse or intimate partner of that person;

uses the mail, any interactive computer service, or any facility of interstate or foreign commerce to engage in a course of conduct that causes substantial emotional distress to that person or places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii) of subparagraph (B);

shall be punished as provided in section 2261(b) of this title.'.

(b) Enhanced Penalties for Stalking- Section 2261(b) of title 18, United States Code, is amended by adding at the end the following:

`(6) Whoever commits the crime of stalking in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in section 2266 of title 18, United States Code, shall be punished by imprisonment for not less than 1 year.'.

SEC. 115. REPEAT OFFENDER PROVISION.

Chapter 110A of title 18, United States Code, is amended by adding after section 2265 the following:

`Sec. 2265A. Repeat offenders

`(a) Maximum Term of Imprisonment- The maximum term of imprisonment for a violation of this chapter after a prior domestic violence or stalking offense shall be twice the term otherwise provided under this chapter.

`(b) Definition- For purposes of this section--

`(1) the term `prior domestic violence or stalking offense' means a conviction for an offense--

`(A) under section 2261, 2261A, or 2262 of this chapter; or

`(B) under State law for an offense consisting of conduct that would have been an offense under a section referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States, or in interstate or foreign commerce; and

`(2) the term `State' means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.'.

SEC. 116. PROHIBITING DATING VIOLENCE.

(a) In General- Section 2261(a) of title 18, United States Code, is amended--

(1) in paragraph (1), striking `or intimate partner' and inserting `, intimate partner, or dating partner'; and

(2) in paragraph (2), striking `or intimate partner' and inserting `, intimate partner, or dating partner'.

(b) Definition- Section 2266 of title 18, United States Code, is amended by adding at the end the following:

`(10) DATING PARTNER- The term `dating partner' refers to a person who is or has been in a social relationship of a romantic or intimate nature with the abuser and the existence of such a relationship based on a consideration of--

`(A) the length of the relationship; and

`(B) the type of relationship; and

`(C) the frequency of interaction between the persons involved in the relationship.'.


SO..IF YOUR NOT USING YOUR REAL NAME HERE... DONT SPEAK OUT OF TURN

anotherlimey

You just pulled that from the Schneier site didn't you!

Ray

It was just sent to me ... I passed it on ..

anotherlimey

Indeed - a copy and paste job from Boing Boing:

http://www.boingboing.net/2006/01/09...ne_anonym.html

The article gets shotdown in the comments though.

Rushman

You hear that Amerlisa? Anymore of your fun and games and I'll set the Feds on ya!!!

TouristTrap

Can I sue the folk who send me the 'enlarge your penis' spam?

Causes me untold emotional distress every time I see it (the spam of course)

gruffbrown

I'm still going to take the piss out of you Ray

Patrick

Thats where Bob has gone, jail!

I hate those enlarge your penis emails, I just want to know how they know!!!!

AmerLisa

PMSL! I was just reading most of what Ray wrote and thinking the same thing!

So stop annoying me!

Rushman

You bloody love it!!!

AmerLisa

Likewise, I'm sure!