News.com – January 9, 2006:

Annoying someone via the Internet is now a federal crime.

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.

Update: Here are two different views of this law:

Orin Kerr says:

This is just the perfect blogosphere story, isn’t it? It combines threats to bloggers with government incompetence and Big Brother, all wrapped up and tied togther with a little bow. Unsurprisingly, a lot of bloggers are taking the bait.

And Cal Lanier blogs that this amendment simply applies the existing law to VOIP.

Here’s the important part of the new definition: includes any device or software that can be used to originate telecommunications .

If that doesn’t ring a bell, you probably aren’t familiar with the battle to define VOIP (voice over internet protocol). The previous law assumed that all phone calls would be made via a “telecommunications service” using a “telecommunications device”.



  1. GregAllen says:

    If I have to start “chatting” with my real name, I’ll stop.

    Mostly because I don’t want my employers and co-workers to be able to google me and know what I do or what I really think.

    I don’t harrass anyone or break any laws (that I know of!) but I am honest and frank with people in my on-line discussions.

    The work-world is often a cruel place where employers will betray you for profit and some coworkers for personal gain. Therefore, I draw a pretty strict line between my professional and private life. I _really_ don’t want my work world to know that much about my private life.

  2. C0D3R says:

    I’m amazed so many believe we have Constitutional rights
    a) to anonymity, and
    b) to not be annoyed.

  3. Mike Cannali says:

    I must confess now – my real name is Bill Gates



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