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Griefing is now A Federal Crime !!!

Hok Wakawaka
Registered User
Join date: 9 Feb 2006
Posts: 371
02-22-2007 14:25
Annoying someone via the Internet is now a federal crime.

Last Thursday, President Bush signed into law a prohibition on "annoying" someone through the internet without disclosing your true identity.

This prohibition is buried in the Violence Against Women and Department of Justice Reauthorization Act. Criminal penalties include stiff fines and two years in prison.

Buried in the new law is Sec. 113, called "Preventing Cyberstalking." It rewrites existing telephone harassment law to prohibit anyone from using the Internet "without disclosing his identity and with intent to annoy."

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MadamG Zagato
means business
Join date: 17 Sep 2005
Posts: 1,402
02-22-2007 14:27
From: Hok Wakawaka
Annoying someone via the Internet is now a federal crime.

Last Thursday, President Bush signed into law a prohibition on "annoying" someone through the internet without disclosing your true identity.

This prohibition is buried in the Violence Against Women and Department of Justice Reauthorization Act. Criminal penalties include stiff fines and two years in prison.

Buried in the new law is Sec. 113, called "Preventing Cyberstalking." It rewrites existing telephone harassment law to prohibit anyone from using the Internet "without disclosing his identity and with intent to annoy."

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Thanks Hok! That's music to my ears!
MadamG Zagato
means business
Join date: 17 Sep 2005
Posts: 1,402
02-22-2007 14:29
So.... next they will need to implement more protocol allowing those being "stalked", "harrassed", or otherwise "griefed" to obtain the contact information of said griefers, harrassers and stalkers to allow the victim to take legal action.

I don't see how LL will be able to follow suit while no payment info on file acounts are running around.

It will be impossible to disclose their identity.
Should have a HARASSMENT form to fill out like DMCA...something along those lines. I imagine someting will happen one day regarding this, maybe later than sooner.

The overwhelming amount of griefers are not what LL wants to monitor. If they could pass their info along to the victims I am sure they would be happy to do so. Less work for them.

I'm def keeping my eyes on this one.
Thanks again Hok.
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
02-22-2007 14:29
thats pretty vague "annoying"

More than half of my online exes are annoying

Hmm for that matter a lot of people who ask me on cyber dates are annoying.

Some people I just walk up to for any reason are annoying.

This will be fun. *rolls eyes*
Grissy Galiazzo
Registered User
Join date: 17 Dec 2006
Posts: 23
Where's the crime?
02-22-2007 14:29
Ok... so how's that gonna work? Say I, in the UK, "annoy" someone in the States. Where does the crime take place?
Dnate Mars
Lost
Join date: 27 Jan 2004
Posts: 1,309
02-22-2007 14:29
Ok, what is annoy?

These people on the forums that whine none stop about how bad SL is annoy me. Does that mean that I can get them all thrown in jail? I am sure I have annoyed a few people do, so I guess I should just wait for the FBI to come take me away.
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From: Cristiano Midnight
This forum is weird.
Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
02-22-2007 14:31
From: Dnate Mars
Ok, what is annoy?

These people on the forums that whine none stop about how bad SL is annoy me. Does that mean that I can get them all thrown in jail? I am sure I have annoyed a few people do, so I guess I should just wait for the FBI to come take me away.



bui bye Dnate - dont forget to write!

Bring a lot of reading material I hear Jail is pretty boring.

Unless your going to Fox River, of course.
Jake Reitveld
Emperor of Second Life
Join date: 9 Mar 2005
Posts: 2,690
02-22-2007 14:31
you have to intend to annoy. appearelty though, its ok to be annoying using your real name.
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
02-22-2007 14:33
From: Jake Reitveld
you have to intend to annoy. appearelty though, its ok to be annoying using your real name.



of course it is - otherwise 99% of all these pop up ad makers would be criminals.
Hok Wakawaka
Registered User
Join date: 9 Feb 2006
Posts: 371
02-22-2007 14:33
From: Colette Meiji
thats pretty vague "annoying"

More than half of my online exes are annoying

Hmm for that matter a lot of people who ask me on cyber dates are annoying.

Some people I just walk up to for any reason are annoying.

This will be fun. *rolls eyes*



"The use of the word 'annoy' is particularly problematic," says Marv Johnson, legislative counsel for the American Civil Liberties Union. "What's annoying to one person may not be annoying to someone else."


http://news.com.com/Create+an+e-annoyance,+go+to+jail/2010-1028_3-6022491.html
Hok Wakawaka
Registered User
Join date: 9 Feb 2006
Posts: 371
02-22-2007 14:35
From: Grissy Galiazzo
Ok... so how's that gonna work? Say I, in the UK, "annoy" someone in the States. Where does the crime take place?


In the USA
MadamG Zagato
means business
Join date: 17 Sep 2005
Posts: 1,402
02-22-2007 14:36
I don't think it would be geared toward ppl who walk up to you and annoy you LOL. Think of the griefers who execute elaborate plans to bring a private island down, or who consistently appear as a new alt account to annoy you after you have banned the last alt they created. Or those who use scripts to consistently cage people on a private sim or do other nasty things that effectivley interfere with the SL user experience.

Those types of griefers seem like a more likely target LOL.
It will be very interesting to see where the government and LL goes with this though.
Jake Reitveld
Emperor of Second Life
Join date: 9 Mar 2005
Posts: 2,690
02-22-2007 14:36
From: Colette Meiji
of course it is - otherwise 99% of all these pop up ad makers would be criminals.

wanna have a a cyber date? *grins*
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Tristin Mikazuki
Sarah Palin ROCKS!
Join date: 9 Oct 2006
Posts: 1,012
hehehe
02-22-2007 14:36
*smirks* I find the Lindens annoying when there is no customer service

but I also find people wearing green, yellow, pink or orange annoying to
*dusts off his lawyer he keeps in he basement*
MadamG Zagato
means business
Join date: 17 Sep 2005
Posts: 1,402
02-22-2007 14:37
From: Hok Wakawaka
"The use of the word 'annoy' is particularly problematic," says Marv Johnson, legislative counsel for the American Civil Liberties Union. "What's annoying to one person may not be annoying to someone else."


http://news.com.com/Create+an+e-annoyance,+go+to+jail/2010-1028_3-6022491.html
If you tell someone that what they are doing annoys you, and they continue to do it, they are aware that they are annoying you at that point. Especially if it is something that they do not HAVE to do...like breathing? :)
Hok Wakawaka
Registered User
Join date: 9 Feb 2006
Posts: 371
02-22-2007 14:38
From: MadamG Zagato
So.... next they will need to implement more protocol allowing those being "stalked", "harrassed", or otherwise "griefed" to obtain the contact information of said griefers, harrassers and stalkers to allow the victim to take legal action.

I don't see how LL will be able to follow suit while no payment info on file acounts are running around.

It will be impossible to disclose their identity.
Should have a HARASSMENT form to fill out like DMCA...something along those lines. I imagine someting will happen one day regarding this, maybe later than sooner.

The overwhelming amount of griefers are not what LL wants to monitor. If they could pass their info along to the victims I am sure they would be happy to do so. Less work for them.

I'm def keeping my eyes on this one.
Thanks again Hok.


The method is to file what is referref to as a John Doe suit against Linden Labs. Then you send a subpoena to LL requesting the IP address of the griefer. (Assuming the griefer is dumb enough to not have used a proxy.)


.

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MadamG Zagato
means business
Join date: 17 Sep 2005
Posts: 1,402
02-22-2007 14:40
From: Hok Wakawaka
The method is to file what is referref to as a John Doe suit against Linden Labs. Then you send a subpoena to LL requesting the IP address of the griefer. (Assuming the griefer is dumb enough to not have used a proxy.)


.

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Filing a suit against Linden Labs? Yikes. Not sure I want to join that club...even if it is a John Doe Suit ;)
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MadamG Zagato
means business
Join date: 17 Sep 2005
Posts: 1,402
02-22-2007 14:41
From: Hok Wakawaka
The method is to file what is referref to as a John Doe suit against Linden Labs. Then you send a subpoena to LL requesting the IP address of the griefer. (Assuming the griefer is dumb enough to not have used a proxy.)


.

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But if the account is verified, couldn't you just request the actual contact information for that person? Not saying that anyone with Payment Info on File or Used would be blind enough to grief anyone to that point.
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Hok Wakawaka
Registered User
Join date: 9 Feb 2006
Posts: 371
02-22-2007 14:50
From: MadamG Zagato
But if the account is verified, couldn't you just request the actual contact information for that person? Not saying that anyone with Payment Info on File or Used would be blind enough to grief anyone to that point.


Yes but it's not clear that under the Law that such a person would be considered to not have disclosed his/her true identity
Charlotte Wirtanen
Registered User
Join date: 6 Dec 2006
Posts: 15
02-22-2007 14:50
First Amendment rights.

Game over. Try again.

This is unconstitutional and would never hold up in court.
Serenarra Trilling
Registered User
Join date: 14 Oct 2006
Posts: 246
02-22-2007 14:53
Don't you just LOVE it when our government passes all these unenforceable laws?

What a waste of taxpayers' money!

I'm not saying they don't need to do something about cyberstalking, but writing a regulation or whatever that is THIS vague should be a crime in itself.

Wait, is this law posted on the internet? I would consider that "annoying". Can I bring suit against the President for it?
Hok Wakawaka
Registered User
Join date: 9 Feb 2006
Posts: 371
02-22-2007 14:56
From: Charlotte Wirtanen
First Amendment rights.

Game over. Try again.

This is unconstitutional and would never hold up in court.


It's not unconstitutional. You still can annoy someone and say whatever you want to him/her. But you would have to pay the price. There are lawful limits on what you can say without being liable in a civil law suit or a criminal charge. Ever hear of slander , extortion, or the proverbial "Yelling 'fire' in a crowded theatre."

There is ,however, a good chance that the law would be struck down by the courts on the grounds of it's being vague.

.


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Gaybot Foxley
Input Collector
Join date: 15 Nov 2006
Posts: 584
02-22-2007 14:59
The avatar typing sound annoys me. I demand anyone typing around me to be thrown in prison without parole. Linden Labs does not have a volume slider for this sound so all Lindens must be arrested also. Since I can hear my own typing sound I will turn myself into the authorities without a televised police chase or further incident.

P.S. This law would be a lot easier to enforce if the word "annoy" was replaced with "harass".
Of course proof would be required.
Dnate Mars
Lost
Join date: 27 Jan 2004
Posts: 1,309
02-22-2007 15:03
From: Charlotte Wirtanen
First Amendment rights.

Game over. Try again.

This is unconstitutional and would never hold up in court.


First amendment: " Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Limits as stated by the Supreme Court:
Chaplinsky v. New Hampshire
Miller v. California
New York Times Co. v. Sullivan
Hustler Magazine v. Falwell
And many more.

Speech that is intended to harm is not protected under the constitution.
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From: Cristiano Midnight
This forum is weird.
Molly MacKay
Registered User
Join date: 30 Jun 2006
Posts: 65
02-22-2007 15:18
From: Charlotte Wirtanen


First Amendment rights.

Game over. Try again.

This is unconstitutional and would never hold up in court.
Then I invite you to read the following:

From: American Declaration of the Rights and Duties, Second Chapter preamble


"The fulfillment of duty by each individual is a prerequisite to the rights of all. Rights and duties are interrelated in every social and political activity of man. While rights exalt individual liberty, duties express the dignity of that liberty."
That means one's should privilege social duties over his/her own rights when it comes to well-being of all...Plain and simple.
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