Legal Issues

Legal Issues

by Mike Masnick




Trolling Is Now Illegal: Two Years In Jail

from the there-go-half-our-comments dept

Why do we still let our government attach totally unrelated bills to each other to sneak in terribly written laws? It seems to keep happening, and the latest one is that a bill attached to a bigger bill concerning funding the Department of Justice (something very few politicians would ever vote against) has a tiny bit of language that now means if you're anonymously annoying online, you face two years in jail. The specific text says that using the internet "without disclosing his identity and with intent to annoy... shall be fined under title 18 or imprisoned not more than two years, or both." Yes. "Intent to annoy" seems like an incredibly vague standard and has basically criminalized an awful lot of the internet -- including quite a few of the folks who comment here at Techdirt. Anyway, for those of you who enjoy anonymously trolling all over the place online -- watch out. You may face jailtime. Of course, it seems quite unlikely that "intent to annoy" would hold up under Constitutional review, but it may be some time until that test case comes. Update: Commenters at BoingBoing are saying that the original News.com article is horribly misleading, and that Declan McCullough got the story wrong in a major way. The text that McCullough quoted as if from this new bill is not quite the case. If you search on the actual text of the bill, it simply makes a minor update to much older language that is already law concerning "annoying" communications.

32 Comments | Leave a Comment..

 
 

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  1. Jan 9th, 2006 @ 10:46am

    No Subject Given

    Duz tHat MEeN thAT ALL tHa PeEpLe THat tYpe lyke ThiS wILL bE JayLeD?

    ...God, I hope so.

    (reply to this comment) (link to this comment)

  2. Jan 9th, 2006 @ 10:46am

    Let me be the first

    by Anonymous of Course

    Does Dorpus know about this law?
    He's been strangely silent lately.

    (reply to this comment) (link to this comment)

  3. Jan 9th, 2006 @ 10:58am

    Re: Let me be the first

    by The Other Mike

    His intent is not to annoy but rather to educate us on the proper ways of the world.

    (reply to this comment) (link to this comment)

  4. Jan 9th, 2006 @ 11:04am

    How does this work?

    by CloakedMirror

    How does this work with the ideas outlined in the story that follows/precedes?? this one? I am talking about how there is perhaps a movement afoot to regulate in some way the companies that either facilitate or otherwise assist in the censorship of the citizenry.
    On the one hand, we want legislation to keep companies from participating in the censorship of the people; while on the other hand, we have legislation that is aimed a preventing people from speaking out.

    (reply to this comment) (link to this comment)

  5. Jan 9th, 2006 @ 11:07am

    Good Grief

    by giafly

    I can safely say that these guys are fucking morons who should be shot.
    This is because I don't intend to "annoy, abuse, threaten, or harass any person...who receives the communications". So don't worry about it.

    But "Anonymous of Course" is in deep shit re his hurtful comment about dorpus.

    (reply to this comment) (link to this comment)

  6. Jan 9th, 2006 @ 11:19am

    How utterly retarded

    by anon

    I actually wrote my representative about this the moment I heard about it. It is absolutely retarded the way they are trying to clense the internet of all bad and evil. I don't care if it's for the children, for the harassed masses, the little old lady shut-ins, or whoever. They need to just accept that with anonymous posting, freedom of speech will be infringed. Many people are intimidated to speak using their own name, but they have an opinion, flame, angry rant inside them that needs to come out, and that will annoy someone. Without an anonymous place to voice that opinion, no one would ever hear it.

    This goes back to my rant (elsewhere) about the general clensing of gaming products and the internet. As politicians come across more and more things they don't understand, they would really like to keep them in check until they have it all figured out, which could possibly be never. They don't understand that there are adults that enjoy harassing back and forth, dirty jokes, and even animated hooker beating (I personally like beating real hookers). They want to make things clean for the children, who by all rights should have their parents permission (which means the parents should look over what their kids want to see FIRST, not later when it becomes a problem) before doing anything on the internet or with games. Judging from past circumstances, this came from some whiny kid whose parents weren't watching them not liking being flamed by someone they didnt know for some stupid comment they made.

    Oh, and whoever posted this is a doodie head. Neener neener! I have the intent to annoy you, and I'm not using my name!!1!ONE!1!

    (reply to this comment) (link to this comment)

  7. Jan 9th, 2006 @ 11:21am

    Re: How utterly retarded

    by anon

    That should have been *without anonymous posting, not *with anonymous posting. Sorry.

    (reply to this comment) (link to this comment)

  8. Jan 9th, 2006 @ 11:29am

    Nintendo ennui

    by Dosquatch

    Do really, really bad puns count?


    I'm annoyed at their intent. Does that mean I can put some congress critters in jail?
    Pretty please?

    (reply to this comment) (link to this comment)

  9. Jan 9th, 2006 @ 11:36am

    What does annoy mean?

    by Bill

    So, If I post information on the internet sharing my personal political/religious/sports team views and I am very adamant about it, will that annoy those who have other views? That means that I'll be jailed for having an opinion, huh? How about that first amendment - you have the right to free speech, as long as you say what everyone else wants to hear.
    I thought 1984 was 21 years ago!

    (reply to this comment) (link to this comment)

  10. Jan 9th, 2006 @ 11:38am

    Another law that won't be enforced

    by Anonymous Braveheart

    Just what the world needs another law that won't be enforced.

    (reply to this comment) (link to this comment)

  11. Jan 9th, 2006 @ 11:39am

    Re: What does annoy mean?

    by Svelte

    The Frist what?!? Are you trying to annoy me? You know that's illegal now... I'm going to go dial E911 on my computer.

    (reply to this comment) (link to this comment)

  12. Jan 9th, 2006 @ 11:41am

    Re: How utterly retarded

    by Anonymous Coward

    Oh My God! You called me a doodie head! I will report you to the FBI!

    Also, to annoy you, I will inform you that I find you a "doodie head" yourself. This instantly demonstrates the stupidity of the law, because I'm not under federal jurisdiction, so you cannot seek recourse, despite the fact that I did exactly the same as you did. Strikes me as mildly unfair, to say the least...

    (reply to this comment) (link to this comment)

  13. Jan 9th, 2006 @ 11:43am

    Re: What does annoy mean?

    by G. Orwell

    I thought 1984 was 21 years ago!
    Hey, I got the year wrong! I'm annoyed at his nitpicking. Somebody throw him in jail.

    (reply to this comment) (link to this comment)

  14. Jan 9th, 2006 @ 11:48am

    Re: How utterly retarded

    by anon

    I'm gonna tell my mommie on you. Err...my government?

    Really, though, I know I'm a doodie head.

    It does beg the question, however: Do people from other countries posting on [insert your favorite conveyance method of annoying posts here] which is hosted in the U.S. break the law? Will Interpol get involved? What about an American citizen posting internationally? Will some whiny kid from Canada be able to have me thrown in jail because his mother was a gerbil (or at least because I stated that I believed such)?

    (reply to this comment) (link to this comment)

  15. Jan 9th, 2006 @ 11:50am

    Re: Nintendo ennui

    by Nintendo Corp.

    We are annoyed at the suggestion that our products might be capable of boring a person to tears. We ask that Dosquatch be incarcerated immediately.

    (reply to this comment) (link to this comment)

  16. Jan 9th, 2006 @ 11:56am

    Um.....

    by None of you Biznis

    .......AFAIK......the US is not the world (although many Americans may be shocked to find this out).

    (reply to this comment) (link to this comment)

  17. Jan 9th, 2006 @ 11:56am

    Re: What does annoy mean?

    by Eric A. Blair

    Quit pretending to be me!
    I'm so annoyed.

    (reply to this comment) (link to this comment)

  18. Jan 9th, 2006 @ 11:58am

    Intent to annoy has been illegal for years...

    by 4Blades

    In NY state, and I'm sure many others, it is a crime to make any electronic communication to another with the intent to alarm OR annoy (yes, prank phone calls can get you arrested).
    NY Penal Law section 240.30

    (reply to this comment) (link to this comment)

  19. Jan 9th, 2006 @ 11:59am

    Re: Um.....

    by Amurikin Sitison

    I'm shocked and awed to find this out! Where are you getting your information from?

    (reply to this comment) (link to this comment)

  20. Jan 9th, 2006 @ 12:07pm

    Re: What does annoy mean?

    by Mark Twain

    So the rumors of your death have also been greatly exaggerated?

    (reply to this comment) (link to this comment)

  21. Jan 9th, 2006 @ 12:26pm

    Re: How utterly retarded

    by FireMon

    No, but the Canuck kid whose mother was a hampster, and whose father smelled of elderberries might have a legitimate gripe. Now go away, or I will taunt you a second time.

    (reply to this comment) (link to this comment)

  22. Jan 9th, 2006 @ 12:43pm

    Re: How utterly retarded

    by Former Knights of Ni

    Ekky-ekky-ekky-ekky-z'Bang, zoom-Boing, z'nourrrwringmm!

    (reply to this comment) (link to this comment)

  23. Jan 9th, 2006 @ 12:56pm

    No Subject Given

    by gmail man23

    The stupid thing about this is, if you are an annoying person online, nd u don't want to go to jail, and divulge where u live, etc. Stalkers will come after you, who knows, you might've annoyed them or something. lol

    (reply to this comment) (link to this comment)

  24. Jan 10th, 2006 @ 6:00am

    Re: No Subject Given

    by thecaptain

    Well at least we can finally strike back at the griefers and trollers if they stay legal :)

    jk


    I look forward to seeing Dorpus listed as public enemy number one by the FBI in a while :)

    Go D!

    (reply to this comment) (link to this comment)

  25. Jan 10th, 2006 @ 9:41am

    This is what you deserve for trusting Declan...

    by John McNee

    He's the guy who thought Gore said he'd invented the Internet.

    (reply to this comment) (link to this comment)

  26. Jan 22nd, 2006 @ 6:53pm

    Re: How utterly retarded

    by MENTAL?

    how absturd are you that you would like to remotely harass someone in front of the whole world if you need to vent tnen you should consult a therpist or maybe find a friend or a family member to express your displeasure with the person. when you display something about aperson using there real identity you are committed an act of defamation to one's character that otherwise would had not been a factor upon a person. what the internet is soley intended for was a relating vital issues that can better serve the word some good not the acts of evil and misuse that disregards an entire internet system of it full capabilities. so be grateful that you use a annoymous identity or else people will have something to say bad about you.

    (reply to this comment) (link to this comment)

  27. Jan 22nd, 2006 @ 6:55pm

    Re: How utterly retarded

    by MENTAL?

    how absturd are you that you would like to remotely harass someone in front of the whole world if you need to vent tnen you should consult a therpist or maybe find a friend or a family member to express your displeasure with the person. when you display something about aperson using there real identity you are committed an act of defamation to one's character that otherwise would had not been a factor upon a person. what the internet is soley intended for was a relating vital issues that can better serve the world some good not the acts of evil and misuse that disregards an entire internet system of it full capabilities. so be grateful that you use a annoymous identity or else people will have something to say bad about you.

    (reply to this comment) (link to this comment)

  28. Apr 11th, 2007 @ 7:28pm

    This is the most annoying phucking thread I've eve

    by Gurk Mouth MacGuintey

    I'm gonna sue you schitbags under this new law for annoying me intentionally!

    Bastages!

    (reply to this comment) (link to this comment)

  29. May 9th, 2007 @ 11:12pm

    Oops anonymous posting oh boy :O

    by Anonymous (I'm going to jail)

    Your all dumbasses (oops broke the law) and I rule the internet (broke the law again) and I WILL RULE THE NET (Broke the law again.)

    I also think Microsoft is stupid and dumb (Broke the law again).

    Wow I'm in illegal sh*t this time. Help me lawyers. See how stupid the e-annoyance law is. Stupid congress and stupid President Bush (broke the law again 2 times more)

    I better report myself to the FBI. Goodbye people. I am going to jail or prison for 6th degree annoyance. I broke the law 6 times hahahaha :)) lol.

    We all broke the law. Every Americans broken the law. Oh No.

    (reply to this comment) (link to this comment)

  30. Mar 9th, 2009 @ 3:42am

    Sure...yeah right

    by someone

    Frankly, there are SO MANY PEOPLE trolling the internet and are in violation of this law, the cops should be flooded with tons of calls lighting up their switchboards all saying, "Help! Some troll is getting me!"...since this is the case, you think your local police or FBI has enough time and manpower to go after the thousands per state that are trolling right now?-no, they'd be so overwhelmed they'd not even show up because THATS how many troll--millions of them at any given time!!

    HA!

    (reply to this comment) (link to this comment)

  31. Mar 25th, 2009 @ 8:28am

    The wicked troll of the east!!!

    by Chav Bling Bling

    I'm a fucking troll!!! NIGGERS!! I troll all the time, every single goddamn day, and I'm fucking good at it too!! I GO TO RANDOM WEBSITES LIKE THIS AND POST COMMENTS AND NEVER LEAVE!!! I've been threatened by BITCHES on moblog.net to have the police contacted because I harrass people!! AND NOT ONLY THAT, BUT MY ISP IS ALWAYS BEING REPORTED BY PEOPLE IN GENERAL!!!!!!! LIKE I CARE OR THEY (THE ISP) CARE!!! YOU WHORES!! I'm disliked because I'm honest? Because I say what I really feel without reserve? I grew up with the assumption that those things are admirable. I am an intelligent individual. I view honesty as a sign of respect toward a fellow person! And it is also how I learn from people, and posting comments that are provocative is also how I learn. I may be young but I'm not as ignorant as you may presume, and I'm mature and wise for a person my age. FUCK YOU!! You`re all filthy, stinking, ass-licking, cum-swallowing, cock-sucking, tit-eating, pussy-licking, knicker-sniffing, dog-fucking, gang-bang-loving SUPER SLUTS! Me and my buddies (six of us) would love to use your body for our pleasure, any stupid bitch that's up for it??? ...one dick in your cunt, one in your tight ass-hole, two dicks in your slimy mouth, and you could wank off the last two in each hand. While you get the spunk of two cocks in your mouth at the same time, two more would shoot their cum into your womb and belly, finishing off with you wanking and sucking the last two cocks over your ugly face and greasy tits. I can just imagine the spunk hanging from your chin like a sperm-beard..

    (reply to this comment) (link to this comment)

  32. Jul 19th, 2009 @ 7:59pm

    Re: The wicked troll of the east!!!

    by David Mudkips

    Lulz.

    (reply to this comment) (link to this comment)

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