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2006/01/09
 19:25:02

Being annoying on the Internet is now a federal crime

The Story. So being curious, I pull up the laws. I'd link directly to these references if the URLs weren't temp files. Basically the text is in 47 U.S.C. 223 (a)(1)(C), and is the part that basically prevents prank phone calls (or at least the part about bugging people without telling them who you are, there are 6 other subparagraphs). Section 223 also covers obscene materials and restriction from minors and stuff if you're curious. Anyways, text is:

(C) 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;

(h)(1)(B) states "does not include an interactive computer service.", but H.R. 3402 Sec 113 changes this to "does not include an interactive computer service; and" and adds subparagraph C (which being more specific overrides on the stated subparagraph) stating:

(C) in the case of subparagraph (C) of subsection (a)(1), includes 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 (as such term is defined in section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note)).

It does appear based on (e)(1) that people running the email servers/web servers/online forum aren't liable, unless they own them, conspire with the creators, or advertise that the offending content is available.

Also (f)(1) seems to indicate this is only punishable if in violation of civil or criminal law and lacking a good faith effort to put forth the listed defenses or otherwise restrict access. That part is interesting, and I don't have enough background (and don't want to research that much) to figure it out. Anyone know what that really means?