The legal system and politicians are still casting about looking for a way to understand the place the Internet will play in society, and our collective responsibilities while using it. The decisions they make may be profound, profane, or both. My posts are observations only, not legal advice. Under the ethics rules of the Bar of the State of New Mexico, these posts are a "Lawyer Advertisement." Please let me know if it is successful advertising.

Wednesday, January 18, 2006

Prohibited Communications – New Law Criminalizes Anonymous “Annoying” Posts

A revision to an anti-harassment law gives the Department of Justice the power to prosecute people who post “annoying” comments anonymously. As might be expected, the term “annoying” is not defined in the legislation. Because this is a criminal law, it provides no private right of action – meaning the Department of Justice must enforce this provision. However, Internet infrastructure providers should begin to expect speech related abuse complaints to cite this law as a reason to terminate customers and as a potential source of liability for the provider. Cnet Article Library of Congress versions of the Bill

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