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Yanking cranks.

Title 47, Chapter 5, Subchapter II, Part I, §223, “Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications,” used to read as follows:

Of course, you’ll want to know what a “telecommunications device” is.

Clear enough?

Ah, but now, thanks to H.R.3402, the (otherwise estimable and indeed highly necessary) Violence Against Women and Department of Justice Reauthorization Act of 2005, we get to take up our red pens and amend the above. Turn with me to Sec. 113 for the changes:

Now are we clear?

—No: it’s not illegal now to post anonymously to the internet, on the grounds that someone somewhere might be annoyed. Then, Declan McCullagh never said it was. He was if somewhat alarmist nontheless pretty clear up front that the intent to annoy (or abuse, or threaten, or harass) was key. Those who pooh-pooh the idea this law would ever be used against the colorfully pseudonymous commenters at Eschaton or Daily Kos or TBogg (or Little Green Footballs, or the Free Republic, or the Anti-Idiotarian Rottweiler) underestimate, I think, what a target-rich environment comment threads have become for abuse and threats and harrassment, and sheer downright intentional annoyance; miss, in fact, the very raison d’etre of the internet troll. —The most recently celebrated eruptions of accusations of abuse (and annoyance) depended, it’s true, on mendacity, or at least a criminal inability to parse satire and provide context—but while that might get you acquitted, it won’t pay your legal bills.

Atrios—I mean, Duncan Black—has it pretty much right, I think. Unless His Imperial Presidency signed one of Strip-Search Sammy’s backsie specials, this law will either be interpreted in basic good faith, following the spirit of its context and intent (“Preventing Cyberstalking,” says the subsection’s title)—or it will be adjusted drastically, following a nasty and otherwise unnecessary legal battle. Or both. It (as ever) remains to be seen. —Meanwhile, here’s grounds for one of those perennial conversations we all ought to keep having, about moderation andd politesse and community, and speech, and the illusory freedoms thereof. Annoying, I know, we’ve been over it all before and will again, but chop the wood and carry the water, okay?

(Oh, who are we kidding. We’re all going to have to keep identity affidavits and political permits on file whenever we want to blog about anything more inflammatory than knitting. We’ll be like porn stars with those USC 2257 statements at the bottom of every page. Bots will ping us in IM: “Papers, please.” What a brave new world! If only those dam’ libertarians hadn’t made libertarianism so selfishly stupid…)

  1. Charles    Jan 10, 07:25 am    #
    whenever we want to blog about anything more inflammatory than knitting.

    Oh right, like knitters never have flame wars! :)

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