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Link Posted: 1/9/2006 9:19:30 AM EDT
[#1]

Quoted:
The next motherfucker who posts the banana phone song had better brush up on his hair braiding and salad tossing skills.


+1

Oh, and IBTBPP (In Before The Banana Phone Post)
Link Posted: 1/9/2006 9:24:23 AM EDT
[#2]
Link Posted: 1/9/2006 9:28:01 AM EDT
[#3]

Quoted:
anyone still beleive there is a "conservative" politician in office?



I don't know, but I saw a couple of "rinos" there a couple of weeks ago!!!

Link Posted: 1/9/2006 9:28:19 AM EDT
[#4]

Quoted:
anyone still beleive there is a "conservative" politician in office?


Most of them handed in their balls after the budget battle with Bill Clinton in 1995.
Link Posted: 1/9/2006 9:29:06 AM EDT
[#5]
I believe that the point of the legislation was to eliminate forms of harassment that are now possible by the advent of the internet age.

As to how this law will be applied, one must examine the full legisltation and the definitions set out in the legislation to determine what "annoy" and the other terms mean, as those are usually spelled out within the law.

Now when it comes to application of the language to real cases, that may be a completely different matter.
Link Posted: 1/9/2006 9:33:02 AM EDT
[#6]

Quoted:
Is it really unconstitutional though?  Is there a constitutional guarantee of anonymity?

I mean, it's not abridging free speech...just saying you have to disclose your identity.



Which is why the Founders used names like "Centinal", "Brutus" and "Federal Farmer". Go back to school...
Link Posted: 1/9/2006 9:33:44 AM EDT
[#7]

Quoted:
Of course if you actually read the act, it is merely amending the Communications Act of 1934 to include more modern technology such as say the inernet.

Here is the relevant text - which needs to be read in connjunction with other relevant acts and in the context of the overall Act -

SEC. 113. PREVENTING CYBERSTALKING.

(a) In General- Paragraph (1) of section 223(h) of the Communications Act of 1934 (47 U.S.C. 223(h)(1)) is amended--

(1) in subparagraph (A), by striking `and' at the end;

(2) in subparagraph (B), by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following new subparagraph:

`(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)).'.

(b) Rule of Construction- This section and the amendment made by this section may not be construed to affect the meaning given the term `telecommunications device' in section 223(h)(1) of the Communications Act of 1934, as in effect before the date of the enactment of this section.

SEC. 114. CRIMINAL PROVISION RELATING TO STALKING.

(a) Interstate Stalking- Section 2261A of title 18, United States Code, is amended to read as follows:

`Sec. 2261A. Stalking

`Whoever--

`(1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, or causes substantial emotional distress to that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or

`(2) with the intent--

`(A) to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or

`(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to--

`(i) that person;

`(ii) a member of the immediate family (as defined in section 115 of that person; or

`(iii) a spouse or intimate partner of that person;

uses the mail, any interactive computer service, or any facility of interstate or foreign commerce to engage in a course of conduct that causes substantial emotional distress to that person or places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii) of subparagraph (B);

shall be punished as provided in section 2261(b) of this title.'.

(b) Enhanced Penalties for Stalking- Section 2261(b) of title 18, United States Code, is amended by adding at the end the following:

`(6) Whoever commits the crime of stalking in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in section 2266 of title 18, United States Code, shall be punished by imprisonment for not less than 1 year.'.



This is pretty much what I was talking about. The press is pretty bad at accurately reporting anything, much less the details of legislation. From reading the above the changes seem aimed at classifying the use of internet and computer resources for the sake of harassment and stalking as criminal just as using other methods.

It looks to me like an attempt to patch a loophole in the law that stalkers and harassers use to their advantage.

A similar situation existed with video cameras for a long time. For the longest time it was not illegal to videotape someone in their home without their knowledge according to the criminal code. Widely available video cameras weren't anticipated by the law and legislation had to be passed to adress the loophole.

If a person used the mail to ship a dead animal head to an ex spouse or lover in an attempt to harass them and make them afraid, they would be guilty of a federal crime and could be locked up. The ammended legislation appears to create a similar situation if the person e-mails photographs and the like with the same intent.
Link Posted: 1/9/2006 9:34:17 AM EDT
[#8]

Quoted:
man, good thing EdSr closed the Bear Pit, or ARFCOM would be prosecuted under RICO!



[zzzzzzzlol]

Yeah, but the beekeeper is still gonna' be in trouble.
Link Posted: 1/9/2006 9:34:39 AM EDT
[#9]
[/George Washington

If men are to be precluded from offering their sentiments on a matter which may involve the most serious and alarming consequences that can invite the consideration of mankind, reason is of no use; the freedom of speech may be taken away, and dumb and silent we may be led, like sheep to the slaughter.quote]
Link Posted: 1/9/2006 9:37:50 AM EDT
[#10]
Link Posted: 1/9/2006 9:38:10 AM EDT
[#11]
And who is going to enforce it? I think most federal agencies are tied up with the war on terrorism to dedicate serious manpower on Internet annoyance violations.  And I know local agencies will not tie up units trying to enforce this BS.
Link Posted: 1/9/2006 9:39:58 AM EDT
[#12]
Way back in the sixties I remember grandpa saying we needed a few more necktie parties for the politicians. Being only 8 or 9 I didn't get. So mom told me what he meant.

You know, if grandpa was still around I do believe he would be gathering the rope by now.
Link Posted: 1/9/2006 9:41:54 AM EDT
[#13]
Link Posted: 1/9/2006 10:04:11 AM EDT
[#14]

Quoted:
And who is going to enforce it? I think most federal agencies are tied up with the war on terrorism to dedicate serious manpower on Internet annoyance violations.  And I know local agencies will not tie up units trying to enforce this BS.



There will be plenty of federal employees to enforce it.  Look at all the things various branches do that is worthless instead of their job, IE ICE not deporting or arresting illegal aliens and others.

They will probably attach a special branch to the ATF or FBI just for "internet" crimes like this.
Link Posted: 1/9/2006 10:07:42 AM EDT
[#15]

Quoted:
There will be plenty of federal employees to enforce it.  Look at all the things various branches do that is worthless instead of their job, IE ICE not deporting or arresting illegal aliens and others.

They will probably attach a special branch to the ATF or FBI just for "internet" crimes like this.



Read the legislation.

There are already agencies tasked with investigating and prosecuting people who:

`(1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate another person and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, or causes substantial emotional distress to that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or

`(2) with the intent--

`(A) to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or

`(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to--

`(i) that person;

`(ii) a member of the immediate family (as defined in section 115 of that person; or

`(iii) a spouse or intimate partner of that person;

uses the mail, any interactive computer service, or any facility of interstate or foreign commerce to engage in a course of conduct that causes substantial emotional distress to that person or places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii) of subparagraph (B);

shall be punished as provided in section 2261(b) of this title.'.

(b) Enhanced Penalties for Stalking- Section 2261(b) of title 18, United States Code, is amended by adding at the end the following:

It isn't what the original story made it out to be.
Link Posted: 1/9/2006 10:09:49 AM EDT
[#16]
Can someone point me to the exact part of the law that says "annoy?"
Link Posted: 1/9/2006 10:18:32 AM EDT
[#17]

Quoted:
Can someone point me to the exact part of the law that says "annoy?"



Define "substantial emotional distress" and you have your answer...
Link Posted: 1/9/2006 10:21:07 AM EDT
[#18]
Whaaaaa!!!!!  That's crazy...I need to annoy more people!!
Link Posted: 1/9/2006 10:22:04 AM EDT
[#19]
At least half of you folks annoy me. Go turn yourselfs in to the po-po.
Link Posted: 1/9/2006 10:22:42 AM EDT
[#20]

Quoted:
At least half of you folks annoy me. Go turn yourselfs in to the po-po.





Link Posted: 1/9/2006 10:24:17 AM EDT
[#21]

Quoted:
What, they didn't work for your husband?  That's weird... they worked for J. Thompson of Ohio, and R. Carter of Texas, and N. Rogers of Iowa, and...


Quoted:
So all those emails from Cha Cha Hooter promising my husband he'll leave me breathless after trying their magical penis "enlarge to the size of Kong" are now punishable by law?






Cool.










Nah...I married an Italian boy...all set here

Link Posted: 1/9/2006 10:29:02 AM EDT
[#22]

Quoted:

Quoted:
Is it really unconstitutional though?  Is there a constitutional guarantee of anonymity?

I mean, it's not abridging free speech...just saying you have to disclose your identity.



Which is why the Founders used names like "Centinal", "Brutus" and "Federal Farmer". Go back to school...



Go back to school?  What are you talking about?
Link Posted: 1/9/2006 10:29:06 AM EDT
[#23]

Quoted:
Great!





These are the times, when I hate to say, but the ACLU will deal with these, and see eye-to-eye with them too.

Link Posted: 1/9/2006 10:49:41 AM EDT
[#24]
Link Posted: 1/9/2006 10:52:46 AM EDT
[#25]

Quoted:
Go back to school?  What are you talking about?



Several of the Founders wrote under assumed names to annonymize themselves. Saying that this is a Constitutional law is absurd.
Link Posted: 1/9/2006 10:55:28 AM EDT
[#26]

Quoted:

Quoted:
Go back to school?  What are you talking about?



Several of the Founders wrote under assumed names to annonymize themselves. Saying that this is a Constitutional law is absurd.



Oh, I see.


And yet here it is.  (I'm not saying I like it)

Link Posted: 1/9/2006 10:58:52 AM EDT
[#27]
Since I'm annoyed by that law and it is now posted on the net without the names of the authors of the law does that mean those congress critters are going to jail?
Link Posted: 1/9/2006 11:01:15 AM EDT
[#28]
This is the crime that the new statute is modifying:


47 USC 223(1)(a) Prohibited acts generally
Whoever—
..
(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;
..
shall be fined under title 18 or imprisoned not more than two years, or both.



That is pretty damned broad.
Link Posted: 1/9/2006 11:08:06 AM EDT
[#29]
That annoys me you felons.
Link Posted: 1/9/2006 11:11:03 AM EDT
[#30]

Quoted:
That ought to take care of web forum trolling.



+1.

Stop "annoying" me, bastiat!

Link Posted: 1/9/2006 11:12:04 AM EDT
[#31]

Quoted:
The "pisses me off" to "makes me happy" ratio of the President and the Republican party in general is starting to take a real dive.



I hate to admit it but I'm starting to agree.
Link Posted: 1/9/2006 11:13:09 AM EDT
[#32]

Quoted:
man, good thing EdSr closed the Bear Pit, or ARFCOM would be prosecuted under RICO!


Someone must've warned him it was coming.  He's on the payroll of the globalist moneyed elite who've run this country for years.
Link Posted: 1/9/2006 11:15:17 AM EDT
[#33]

Quoted:

Quoted:

Quoted:
Is it really unconstitutional though?  Is there a constitutional guarantee of anonymity?

I mean, it's not abridging free speech...just saying you have to disclose your identity.



Which is why the Founders used names like "Centinal", "Brutus" and "Federal Farmer". Go back to school...



Go back to school?  What are you talking about?



Actually the Federal Farmer series was published openly by Richard Henry Lee.
Link Posted: 1/9/2006 11:15:21 AM EDT
[#34]
Guys, we can't get the gub'mint to prosecute  felons for federal guns crimes...and thats under a conservative president...you think anyone but EXTREME examples will even be looked at?
Link Posted: 1/9/2006 11:15:53 AM EDT
[#35]

Quoted:

Quoted:
Is it really unconstitutional though?  Is there a constitutional guarantee of anonymity?

I mean, it's not abridging free speech...just saying you have to disclose your identity.


Of course it's abridging free speech.  Sometimes you need to remain anonymous in order to be able to speak freely.

Read the opinion by clarence thomas on a similar case:

straylight.law.cornell.edu/supct/html/93-986.ZC1.html


It would have a "chilling effect" of free and open public discourse.  Anything that causes that is contrary to the public interest.  Ooh, except Campaign Finance Reform and a whole host of other shit.
Link Posted: 1/9/2006 11:16:57 AM EDT
[#36]
Link Posted: 1/9/2006 11:18:15 AM EDT
[#37]
And actually, I think this case highlights where people completely misinterpret the Constitution.


The Constitution was not meant to enumerate the rights of the people.  It was written to enumerate the powers of the government.  It is ASSUMED that every power or right NOT given to the Federal government is reserved by the people.

Nowhere does it give the Federal Government the power to regulate speech or communication over the internet.
Link Posted: 1/9/2006 11:22:36 AM EDT
[#38]

Quoted:

Quoted:
Is it really unconstitutional though?  Is there a constitutional guarantee of anonymity?

I mean, it's not abridging free speech...just saying you have to disclose your identity.


Which is why the Founders used names like "Centinal", "Brutus" and "Federal Farmer". Go back to school...


IF ONLY those guys were the actual Founders.  The guys who wrote the Federalist Papers were the real muscle, not the guys you listed.

To our detriment, in the long run.

The Antifederalist Papers should be required reading in high school, not "A Tale of Two Cities" or whatever's on the agenda these days.
Link Posted: 1/9/2006 11:25:24 AM EDT
[#39]

Quoted:

Quoted:

Quoted:
Is it really unconstitutional though?  Is there a constitutional guarantee of anonymity?

I mean, it's not abridging free speech...just saying you have to disclose your identity.


Which is why the Founders used names like "Centinal", "Brutus" and "Federal Farmer". Go back to school...


IF ONLY those guys were the actual Founders.  The guys who wrote the Federalist Papers were the real muscle, not the guys you listed.

To our detriment, in the long run.

The Antifederalist Papers should be required reading in high school, not "A Tale of Two Cities" or whatever's on the agenda these days.



Amen to that brother.  Lee predicted so much of what is screwed up with the Fed gov today it's scary.  Though I think Lee can safely be categorized as a founder.  He was the first to call for a declaration of independence.
Link Posted: 1/9/2006 11:29:10 AM EDT
[#40]

Quoted:

Quoted:

Quoted:

Quoted:
Is it really unconstitutional though?  Is there a constitutional guarantee of anonymity?

I mean, it's not abridging free speech...just saying you have to disclose your identity.


Which is why the Founders used names like "Centinal", "Brutus" and "Federal Farmer". Go back to school...


Go back to school?  What are you talking about?


Actually the Federal Farmer series was published openly by Richard Henry Lee.


I was under the impression there was still debate as to whether it was Richard Henry Lee or Melancton Smith.
Link Posted: 1/9/2006 11:31:14 AM EDT
[#41]
Sorry Andy, what I meant to say is that the AP authors aren't commonly considered as Founders, at least not in the same vein as the FP authors.  
Link Posted: 1/9/2006 11:41:05 AM EDT
[#42]
Grammatik macht frei.
Link Posted: 1/9/2006 11:42:10 AM EDT
[#43]
So it's a felony to troll. HOLY SHIT!!!!!!!!!!
Link Posted: 1/9/2006 12:29:16 PM EDT
[#44]

Quoted:

IF ONLY those guys were the actual Founders.  The guys who wrote the Federalist Papers were the real muscle, not the guys you listed.

To our detriment, in the long run.

The Antifederalist Papers should be required reading in high school, not "A Tale of Two Cities" or whatever's on the agenda these days.



Actually, the entire Congressional record of the First Congress should be taught in US schools. While the Federalist/Anti-Federalist was a general debate, the minutes of the First Congress outline EVERY Federal power and it's scope. When they said "Shall not be infringed", they meant exactly that. When they said "Supreme law of the Land", they debated that language for an entire day and knew EXACTLY what it meant. That no mere State law could over turn a Constitutionally protected Right. Freedom of speech was brought up and they all agreed that what one person may consider vulgar may not be so to another. That erring on the side of too much freedom was better than restricting a Right.

This was later stood on it's head by the courts and legislators looking to pad their own power base and protect their special interests. Anyone thinking this is going to change any time soon, or by working within the system, is deluding themselves.
Link Posted: 1/9/2006 12:46:41 PM EDT
[#45]

Quoted:

Quoted:
hahahaha....felons are bad....they should be shot.....scumbags......no guns.......no vote......hahaha.....dont like the law change it........hahaha.....I fucking hate people.......hahaha......The government better not have posted this on any website.......hahaha.......because it annoys me.......hahaha

STUPID MOTHERFUCKERS!!!


Some of us have been saying for a long time that the system is set up so we are all lawbreakers in one form or another. That will make it easier for the .gov to silence/remove those who it wants to...for political purposes.

This may or may not be happening now...but you can rest assured the next Democratic administration will make good use of this tactic.



What he said.
Link Posted: 1/9/2006 4:08:19 PM EDT
[#46]

Quoted:

Quoted:
man, good thing EdSr closed the Bear Pit, or ARFCOM would be prosecuted under RICO!


Someone must've warned him it was coming.  He's on the payroll of the globalist moneyed elite who've run this country for years.



Well, that must be how ARFCOM got to be the number 1 gun site...
Link Posted: 1/9/2006 4:16:30 PM EDT
[#47]

Quoted:

Quoted:

Some of us have been saying for a long time that the system is set up so we are all lawbreakers in one form or another.



+1.  they (the politicians) want to make EVERYONE a criminal, then selective choose who to actually punish so they can get rid of the people they don't like.



If you make everyone a criminal, then getting them to be snitches is easy.

Does this law apply to the Arock phenomena

Link Posted: 1/9/2006 4:18:21 PM EDT
[#48]
tick tock tick tock tick tock.........


almost time.
Link Posted: 1/9/2006 4:30:40 PM EDT
[#49]
BATFEI
Link Posted: 1/9/2006 4:34:20 PM EDT
[#50]

Quoted:

Quoted:

Quoted:
Go back to school?  What are you talking about?



Several of the Founders wrote under assumed names to annonymize themselves. Saying that this is a Constitutional law is absurd.



Oh, I see.


And yet here it is.  (I'm not saying I like it)




Treason doth never prosper - what's the reason?
For if it prosper, none dare call it treason.
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