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md80fanatic
Posts: 2365
Joined: Tue Apr 13, 2004 11:29 pm

RE: It's Now Illegal To Annoy Folks On Forums.

Tue Jan 10, 2006 11:58 pm

Quoting KFLLCFII (Reply 18):
First Amendment. Case closed.

I don't think anonymous "people" are protected by the first amendment. This is bad law of course but the idea of people using their real identities is sound. That is what gives credibility to what we say.
 
RAMPRAT980
Posts: 584
Joined: Sun Mar 13, 2005 1:06 am

RE: It's Now Illegal To Annoy Folks On Forums.

Wed Jan 11, 2006 12:34 am

Quoting Erikwilliam (Reply 49):
I want my money back then. No rules like that when I joined a.net

A.net bans and censors people like they're giving out candy.
With gun control there can be no democracy.. With gun control there can be no Freedom
 
skidmarks
Posts: 6614
Joined: Fri Dec 10, 2004 7:51 pm

RE: It's Now Illegal To Annoy Folks On Forums.

Wed Jan 11, 2006 12:48 am

Quoting RAMPRAT980 (Reply 51):
A.net bans and censors people like they're giving out candy.

Oooooooooooh, you naughty poster you!!  wideeyed  Thats you for the sin bin Big grin

Andy  old 
Growing old is compulsory, growing up is optional
 
gkirk
Posts: 23452
Joined: Thu Jun 15, 2000 3:29 am

RE: It's Now Illegal To Annoy Folks On Forums.

Wed Jan 11, 2006 1:09 am

Does this mean I can sue you all for annoying me?  Wink
When you hear the noise of the Tartan Army Boys, we'll be coming down the road!
 
cornish
Posts: 7651
Joined: Fri Feb 18, 2005 8:05 pm

RE: It's Now Illegal To Annoy Folks On Forums.

Wed Jan 11, 2006 1:11 am

Quoting Gkirk (Reply 53):
Does this mean I can sue you all for annoying me?

No. An amendment to the legislation says that insulting Kirkie is justifiable and is therefore an exception to the rule  Wink
Just when I thought I could see light at the end of the tunnel, it was some B*****d with a torch bringing me more work
 
skidmarks
Posts: 6614
Joined: Fri Dec 10, 2004 7:51 pm

RE: It's Now Illegal To Annoy Folks On Forums.

Wed Jan 11, 2006 1:16 am

Quoting Cornish (Reply 54):
No. An amendment to the legislation says that insulting Kirkie is justifiable and is therefore an exception to the rule

Actually, I thought that it was compulsory. I'm sure I found something in my contract that says insult Gkirk at every opportunity or suffer the wrath of JGPH1A Big grin

Andy  old 
Growing old is compulsory, growing up is optional
 
ME AVN FAN
Posts: 12970
Joined: Fri May 31, 2002 12:05 am

RE: It's Now Illegal To Annoy Folks On Forums.

Wed Jan 11, 2006 2:05 am

Quoting Erikwilliam (Reply 49):
No rules like that

the new law does NOT affect you, only US-Americans, so that you can happily proceed in your ways

Quoting Gkirk (Reply 53):
I can sue you all for annoying me?

no, you can only sue the US-Americans --- nobody else
 
RobertNL070
Posts: 4164
Joined: Mon Sep 22, 2003 4:29 am

RE: It's Now Illegal To Annoy Folks On Forums.

Wed Jan 11, 2006 2:11 am

Quoting Gkirk (Reply 53):
Does this mean I can sue you all for annoying me?



Go on then, just try it  

Regards, Robert   

[Edited 2006-01-10 18:21:49]
Born to be wild ...... until about 9 p.m.
Home = RTM, Rotterdam The Hague.
 
Banco
Posts: 14343
Joined: Mon Oct 29, 2001 11:56 pm

RE: It's Now Illegal To Annoy Folks On Forums.

Wed Jan 11, 2006 2:40 am

Quoting Skidmarks (Reply 55):
I'm sure I found something in my contract that says insult Gkirk at every opportunity or suffer the wrath of JGPH1A

That's not exactly the most spine-chilling of threats, is it? It'd be like being attacked by a comatose guinea pig.
She's as nervous as a very small nun at a penguin shoot.
 
gkirk
Posts: 23452
Joined: Thu Jun 15, 2000 3:29 am

RE: It's Now Illegal To Annoy Folks On Forums.

Wed Jan 11, 2006 2:44 am

Quoting Banco (Reply 58):
It'd be like being attacked by a comatose guinea pig.

 rotfl  rotfl  rotfl 
When you hear the noise of the Tartan Army Boys, we'll be coming down the road!
 
planespotting
Posts: 3026
Joined: Sat Apr 17, 2004 4:54 am

RE: It's Now Illegal To Annoy Folks On Forums.

Wed Jan 11, 2006 3:06 am

Quoting STLGph (Reply 32):
time, place, manner restrictions.

Hmmm. Let us see.

The Time, Place and Manner Test: Is the law based on government hostility to particular messages, and is it narrowly tailored to serve a significant government interest?

Is the law based on government hostility? Probably not, it doesn't seem that from the language of it that anyone is annoying the government on internet message boards (which is a plus for the law).

Is it narrowly tairlored? That looks as if it is the issue in question here. There are three prongs of this test.
1. Assessing the substantiality of government interest: Well, it looks as if the purpose of this law is to prevent anonymous annoyances. But what is the substantial government interest in that? Trying to prevent people from getting upset at other people who they don't know while on the internet? That hardly seems like much of a substantial government interest. But in other cases (specifically ones involving the KKK and other hate groups), anonymous protesting and speech has been protected (KKK members are anonymous public speakers because of their white hoods)
2. Determining whether the regulation advances the interest: If the above is a substantial government interest, it doesn't appear that this would do much to prevent people being annoyed anonymously on the internet. There are many ways in which a person can anonymously annoy, and trying to pin all of these screennames/usernames etc... down onto their actual owners would be more of an effort than any law enforcement agency could handle
3. Is the law narrowly tailored: The language of the law itself does not appear to be very narrow:

"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."

the words "annoy", "abuse", "threaten" and "harass" are all things that are determined on a person by person basis...what could be annoying to one person could be perfectly acceptable to another. If everything that could be anonymously annoying on the internet was deleted and restricted, the internet would be lose it's ability to be the "global soapbox" 521 US 844-847 (1997).




Boom. Unconstitutional. haha.
Do you like movies about gladiators?
 
bohica
Posts: 2462
Joined: Tue Feb 10, 2004 3:21 pm

RE: It's Now Illegal To Annoy Folks On Forums.

Wed Jan 11, 2006 3:10 am

Ha-Ha, you can't flame me!  talktothehand   talktothehand   talktothehand   Big grin  Big grin  Big grin
 
halls120
Posts: 8724
Joined: Sun Jun 05, 2005 3:24 am

RE: It's Now Illegal To Annoy Folks On Forums.

Wed Jan 11, 2006 12:20 pm

Quoting Planespotting (Reply 30):
isn't that a violation of the first amendment?

Under Reno v. ACLU 521 US 844 (1997), the Supreme Court granted the internet the same protection as Newspapers. Under this ruling, the court made a few judgements about the internet:

The Internet is different from broadcasting because the principle of Spectrum Scarcity (the principle that allows the government to legally regulate broadcast media) is not relevant because the internet is a different public medium. There are no physical limitations with the internet, as there are with limited spectrum space, as in broadcasting. Therefore, the government regulation is not justified.

It will be interesting to see how this plays out...it looks to this acorn sized legal mind as if this law is unconstitutional.

As usual, people have jumped to the wrong conclusion.

The new law amends 47 U.S.C. 223, which states that “[whoever] makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications . . . shall be [punished]”.

The statute can only be used when prohibiting the speech would not violate the First Amendment. If speech is protected by the First Amendment, the statute is unconstitutional as applied and the indictment must be dismissed. See United States v. Popa, 187 F.3d 672 (D.C. Cir. 1999).

The new law simply expands the old law so that it applies to Internet VOIP as well as the telephone network. It does this by taking the old definition of "telecommunications device" from 47 U.S.C. 223(h), which used to be telephone-specific, and expanding it in this context to include "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."
"Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself." Mark Twain, a Biography
 
planespotting
Posts: 3026
Joined: Sat Apr 17, 2004 4:54 am

RE: It's Now Illegal To Annoy Folks On Forums.

Wed Jan 11, 2006 12:29 pm

Quoting Halls120 (Reply 62):

As usual, people have jumped to the wrong conclusion.

thank you for the interpretation
Do you like movies about gladiators?
 
TACAA320
Posts: 7153
Joined: Fri Aug 06, 2004 3:03 am

RE: It's Now Illegal To Annoy Folks On Forums.

Wed Jan 11, 2006 12:38 pm

Quoting Brendan03 (Reply 31):
"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."

Thanks God such law doesn't applies to me.
'Science without religion is lame, religion without science is blind'. Albert Einstein
 
erikwilliam
Posts: 2122
Joined: Fri Mar 12, 2004 12:30 am

RE: It's Now Illegal To Annoy Folks On Forums.

Wed Jan 11, 2006 9:06 pm

Quoting ME AVN FAN (Reply 56):
the new law does NOT affect you, only US-Americans, so that you can happily proceed in your ways

ahhhhhhhhhhhh, I see
Dida, Cafu, Lucio, Roque Junior, Roberto Carlo, Emerson, Ze Roberto, Ronaldinho, Kaka, Adriano, Robinho, Ronaldo
 
JGPH1A
Posts: 15079
Joined: Thu Aug 14, 2003 4:36 pm

RE: It's Now Illegal To Annoy Folks On Forums.

Thu Jan 12, 2006 2:11 am

Quoting Skidmarks (Reply 55):
Actually, I thought that it was compulsory. I'm sure I found something in my contract that says insult Gkirk at every opportunity or suffer the wrath of JGPH1A

This is true - the actual clause stipulates:-

Section 4.1.3 Abusive or Insulting Conduct

c) i. Airliners.net Members, hereinafter referred to as "The Member" shall at all times and in all circumstances, without exception, except for reasons of mental health or bereavement, as stipulated in Paragraph 4.1.2, subsection a), clause ii (two), make every effort to heap scorn, derision, personal calumny, slander, libel, tort and malfeasance upon the name, person, character, personal mores, habits and hygiene of the Member known as GKIRK, hereinafter referred to as "That Scottish Twat". Failure to do so will result in automatic subjection to withering sarcarsm, abuse and personal insult (including, but not limited to, opprobrious epithets, vicious rumour, leaks to the English print media, scathing comments on personal appearance and the destruction by arson of intimate items of clothing while still being worn), on the part of the Member known as JGPH1A, hereinafter referred to as "Young, Beautiful, Thin and Gorgeous".

Quoting Banco (Reply 58):
That's not exactly the most spine-chilling of threats, is it? It'd be like being attacked by a comatose guinea pig.

Ahem - I suggest instant extraordinary rendition of the above sad  old  on the part of the US authorities for heinous and gratuitous insult of a respect figure. What do we have laws for, I ask you ?
Young and beautiful and thin and gorgeous AND BANNED ! Cya at airspaceonline.com, losers
 
jamesbuk
Posts: 3712
Joined: Mon May 02, 2005 11:52 pm

RE: It's Now Illegal To Annoy Folks On Forums.

Thu Jan 12, 2006 4:40 am

Ok lets get this straight, You can call someone a f*****g **** and say your real name and nothing will happen yet if you call them it without leaving your name you break the law! how do they catch you if they dont know anything about you??

rgds --James--
You cant have your cake and eat it... What the hells the point in having it then!!!

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