Trolling Is Now Illegal: Two Years In Jail

from the there-go-half-our-comments dept

Mon, Jan 9th 2006 10:13am — Mike Masnick

Why do we still let our government attach totally unrelated bills to each other to sneak in terribly written laws? It seems to keep happening, and the latest one is that a bill attached to a bigger bill concerning funding the Department of Justice (something very few politicians would ever vote against) has a tiny bit of language that now means if you're anonymously annoying online, you face two years in jail. The specific text says that using the internet "without disclosing his identity and with intent to annoy... shall be fined under title 18 or imprisoned not more than two years, or both." Yes. "Intent to annoy" seems like an incredibly vague standard and has basically criminalized an awful lot of the internet -- including quite a few of the folks who comment here at Techdirt. Anyway, for those of you who enjoy anonymously trolling all over the place online -- watch out. You may face jailtime. Of course, it seems quite unlikely that "intent to annoy" would hold up under Constitutional review, but it may be some time until that test case comes. Update: Commenters at BoingBoing are saying that the original News.com article is horribly misleading, and that Declan McCullough got the story wrong in a major way. The text that McCullough quoted as if from this new bill is not quite the case. If you search on the actual text of the bill, it simply makes a minor update to much older language that is already law concerning "annoying" communications.

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42 Comments

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Anonymously Annoying, 9 Jan 2006 @ 10:46am

No Subject Given
Duz tHat MEeN thAT ALL tHa PeEpLe THat tYpe lyke ThiS wILL bE JayLeD?

...God, I hope so.
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Anonymous of Course, 9 Jan 2006 @ 10:46am

Let me be the first
Does Dorpus know about this law?
He's been strangely silent lately.
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- The Other Mike, 9 Jan 2006 @ 10:58am
  
  Re: Let me be the first
  His intent is not to annoy but rather to educate us on the proper ways of the world.
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- Anonymous Coward, 11 Feb 2016 @ 2:50am
  
  Re: Let me be the first
  asdadsad
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CloakedMirror, 9 Jan 2006 @ 11:04am

How does this work?
How does this work with the ideas outlined in the story that follows/precedes?? this one? I am talking about how there is perhaps a movement afoot to regulate in some way the companies that either facilitate or otherwise assist in the censorship of the citizenry.
On the one hand, we want legislation to keep companies from participating in the censorship of the people; while on the other hand, we have legislation that is aimed a preventing people from speaking out.
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giafly, 9 Jan 2006 @ 11:07am

Good Grief
I can safely say that these guys are fucking morons who should be shot.
This is because I don't intend to "annoy, abuse, threaten, or harass any person...who receives the communications". So don't worry about it.

But "Anonymous of Course" is in deep shit re his hurtful comment about dorpus.
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anon, 9 Jan 2006 @ 11:19am

How utterly retarded
I actually wrote my representative about this the moment I heard about it. It is absolutely retarded the way they are trying to clense the internet of all bad and evil. I don't care if it's for the children, for the harassed masses, the little old lady shut-ins, or whoever. They need to just accept that with anonymous posting, freedom of speech will be infringed. Many people are intimidated to speak using their own name, but they have an opinion, flame, angry rant inside them that needs to come out, and that will annoy someone. Without an anonymous place to voice that opinion, no one would ever hear it.

This goes back to my rant (elsewhere) about the general clensing of gaming products and the internet. As politicians come across more and more things they don't understand, they would really like to keep them in check until they have it all figured out, which could possibly be never. They don't understand that there are adults that enjoy harassing back and forth, dirty jokes, and even animated hooker beating (I personally like beating real hookers). They want to make things clean for the children, who by all rights should have their parents permission (which means the parents should look over what their kids want to see FIRST, not later when it becomes a problem) before doing anything on the internet or with games. Judging from past circumstances, this came from some whiny kid whose parents weren't watching them not liking being flamed by someone they didnt know for some stupid comment they made.

Oh, and whoever posted this is a doodie head. Neener neener! I have the intent to annoy you, and I'm not using my name!!1!ONE!1!
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- anon, 9 Jan 2006 @ 11:21am
  
  Re: How utterly retarded
  That should have been *without anonymous posting, not *with anonymous posting. Sorry.
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- Anonymous Coward, 9 Jan 2006 @ 11:41am
  
  Re: How utterly retarded
  Oh My God! You called me a doodie head! I will report you to the FBI!
  
  Also, to annoy you, I will inform you that I find you a "doodie head" yourself. This instantly demonstrates the stupidity of the law, because I'm not under federal jurisdiction, so you cannot seek recourse, despite the fact that I did exactly the same as you did. Strikes me as mildly unfair, to say the least...
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  - anon, 9 Jan 2006 @ 11:48am
    
    Re: How utterly retarded
    I'm gonna tell my mommie on you. Err...my government?
    
    Really, though, I know I'm a doodie head.
    
    It does beg the question, however: Do people from other countries posting on [insert your favorite conveyance method of annoying posts here] which is hosted in the U.S. break the law? Will Interpol get involved? What about an American citizen posting internationally? Will some whiny kid from Canada be able to have me thrown in jail because his mother was a gerbil (or at least because I stated that I believed such)?
    
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    - FireMon, 9 Jan 2006 @ 12:26pm
      
      Re: How utterly retarded
      No, but the Canuck kid whose mother was a hampster, and whose father smelled of elderberries might have a legitimate gripe. Now go away, or I will taunt you a second time.
      
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      - Former Knights of Ni, 9 Jan 2006 @ 12:43pm
        
        Re: How utterly retarded
        Ekky-ekky-ekky-ekky-z'Bang, zoom-Boing, z'nourrrwringmm!
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- MENTAL?, 22 Jan 2006 @ 6:53pm
  
  Re: How utterly retarded
  how absturd are you that you would like to remotely harass someone in front of the whole world if you need to vent tnen you should consult a therpist or maybe find a friend or a family member to express your displeasure with the person. when you display something about aperson using there real identity you are committed an act of defamation to one's character that otherwise would had not been a factor upon a person. what the internet is soley intended for was a relating vital issues that can better serve the word some good not the acts of evil and misuse that disregards an entire internet system of it full capabilities. so be grateful that you use a annoymous identity or else people will have something to say bad about you.
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- MENTAL?, 22 Jan 2006 @ 6:55pm
  
  Re: How utterly retarded
  how absturd are you that you would like to remotely harass someone in front of the whole world if you need to vent tnen you should consult a therpist or maybe find a friend or a family member to express your displeasure with the person. when you display something about aperson using there real identity you are committed an act of defamation to one's character that otherwise would had not been a factor upon a person. what the internet is soley intended for was a relating vital issues that can better serve the world some good not the acts of evil and misuse that disregards an entire internet system of it full capabilities. so be grateful that you use a annoymous identity or else people will have something to say bad about you.
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Dosquatch, 9 Jan 2006 @ 11:29am

Nintendo ennui
Do really, really bad puns count?

I'm annoyed at their intent. Does that mean I can put some congress critters in jail?
Pretty please?
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- Nintendo Corp., 9 Jan 2006 @ 11:50am
  
  Re: Nintendo ennui
  We are annoyed at the suggestion that our products might be capable of boring a person to tears. We ask that Dosquatch be incarcerated immediately.
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Bill, 9 Jan 2006 @ 11:36am

What does annoy mean?
So, If I post information on the internet sharing my personal political/religious/sports team views and I am very adamant about it, will that annoy those who have other views? That means that I'll be jailed for having an opinion, huh? How about that first amendment - you have the right to free speech, as long as you say what everyone else wants to hear.
I thought 1984 was 21 years ago!
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- Svelte, 9 Jan 2006 @ 11:39am
  
  Re: What does annoy mean?
  The Frist what?!? Are you trying to annoy me? You know that's illegal now... I'm going to go dial E911 on my computer.
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- G. Orwell, 9 Jan 2006 @ 11:43am
  
  Re: What does annoy mean?
  I thought 1984 was 21 years ago!
  Hey, I got the year wrong! I'm annoyed at his nitpicking. Somebody throw him in jail.
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  - Eric A. Blair, 9 Jan 2006 @ 11:56am
    
    Re: What does annoy mean?
    Quit pretending to be me!
    I'm so annoyed.
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    - Mark Twain, 9 Jan 2006 @ 12:07pm
      
      Re: What does annoy mean?
      So the rumors of your death have also been greatly exaggerated?
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Anonymous Braveheart, 9 Jan 2006 @ 11:38am

Another law that won't be enforced
Just what the world needs another law that won't be enforced.
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None of you Biznis, 9 Jan 2006 @ 11:56am

Um.....
.......AFAIK......the US is not the world (although many Americans may be shocked to find this out).
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- Amurikin Sitison, 9 Jan 2006 @ 11:59am
  
  Re: Um.....
  I'm shocked and awed to find this out! Where are you getting your information from?
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4Blades, 9 Jan 2006 @ 11:58am

Intent to annoy has been illegal for years...
In NY state, and I'm sure many others, it is a crime to make any electronic communication to another with the intent to alarm OR annoy (yes, prank phone calls can get you arrested).
NY Penal Law section 240.30
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gmail man23, 9 Jan 2006 @ 12:56pm

No Subject Given
The stupid thing about this is, if you are an annoying person online, nd u don't want to go to jail, and divulge where u live, etc. Stalkers will come after you, who knows, you might've annoyed them or something. lol
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- thecaptain, 10 Jan 2006 @ 6:00am
  
  Re: No Subject Given
  Well at least we can finally strike back at the griefers and trollers if they stay legal :)
  
  jk
  
  I look forward to seeing Dorpus listed as public enemy number one by the FBI in a while :)
  
  Go D!
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John McNee, 10 Jan 2006 @ 9:41am

This is what you deserve for trusting Declan...
He's the guy who thought Gore said he'd invented the Internet.
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Gurk Mouth MacGuintey, 11 Apr 2007 @ 7:28pm

This is the most annoying phucking thread I've eve
I'm gonna sue you schitbags under this new law for annoying me intentionally!

Bastages!
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Anonymous (I'm going to jail), 9 May 2007 @ 11:12pm

Oops anonymous posting oh boy :O
Your all dumbasses (oops broke the law) and I rule the internet (broke the law again) and I WILL RULE THE NET (Broke the law again.)

I also think Microsoft is stupid and dumb (Broke the law again).

Wow I'm in illegal sh*t this time. Help me lawyers. See how stupid the e-annoyance law is. Stupid congress and stupid President Bush (broke the law again 2 times more)

I better report myself to the FBI. Goodbye people. I am going to jail or prison for 6th degree annoyance. I broke the law 6 times hahahaha :)) lol.

We all broke the law. Every Americans broken the law. Oh No.
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someone, 9 Mar 2009 @ 3:42am

Sure...yeah right
Frankly, there are SO MANY PEOPLE trolling the internet and are in violation of this law, the cops should be flooded with tons of calls lighting up their switchboards all saying, "Help! Some troll is getting me!"...since this is the case, you think your local police or FBI has enough time and manpower to go after the thousands per state that are trolling right now?-no, they'd be so overwhelmed they'd not even show up because THATS how many troll--millions of them at any given time!!

HA!
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Chav Bling Bling, 25 Mar 2009 @ 8:28am

The wicked troll of the east!!!
I'm a fucking troll!!! NIGGERS!! I troll all the time, every single goddamn day, and I'm fucking good at it too!! I GO TO RANDOM WEBSITES LIKE THIS AND POST COMMENTS AND NEVER LEAVE!!! I've been threatened by BITCHES on moblog.net to have the police contacted because I harrass people!! AND NOT ONLY THAT, BUT MY ISP IS ALWAYS BEING REPORTED BY PEOPLE IN GENERAL!!!!!!! LIKE I CARE OR THEY (THE ISP) CARE!!! YOU WHORES!! I'm disliked because I'm honest? Because I say what I really feel without reserve? I grew up with the assumption that those things are admirable. I am an intelligent individual. I view honesty as a sign of respect toward a fellow person! And it is also how I learn from people, and posting comments that are provocative is also how I learn. I may be young but I'm not as ignorant as you may presume, and I'm mature and wise for a person my age. FUCK YOU!! You`re all filthy, stinking, ass-licking, cum-swallowing, cock-sucking, tit-eating, pussy-licking, knicker-sniffing, dog-fucking, gang-bang-loving SUPER SLUTS! Me and my buddies (six of us) would love to use your body for our pleasure, any stupid bitch that's up for it??? ...one dick in your cunt, one in your tight ass-hole, two dicks in your slimy mouth, and you could wank off the last two in each hand. While you get the spunk of two cocks in your mouth at the same time, two more would shoot their cum into your womb and belly, finishing off with you wanking and sucking the last two cocks over your ugly face and greasy tits. I can just imagine the spunk hanging from your chin like a sperm-beard..
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- David Mudkips, 19 Jul 2009 @ 7:59pm
  
  Re: The wicked troll of the east!!!
  Lulz.
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  - Anonymous Coward, 10 Jan 2014 @ 7:42pm
    
    Re: Re: The wicked troll of the east!!!
    Oh noez I am reporting you to the cyber police :P
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Dee, 6 Dec 2009 @ 2:06am

The term "troll" can mean a number of different things, but in essence, a troll is a person who aims to have 'pleasure' at your expense. There are five main types of trolls. The first four are people who pretend to be someone that they are not - they create personae that you think are real, but they know is fictitious.

Playtime Trolls: an individual plays a simple, short game. Such trolls are relatively easy to spot because their attack or provocation is fairly blatant, and the persona is fairly two-dimensional.

Tactical Trolls: This is where the troller takes the game more seriously, creates a credible persona to gain confidence of others, and provokes strife in a subtle and invidious way.

Strategic Trolls: A very serious form of game, involving the production of an overall strategy that can take months or years to develop. It can also involve a number of people acting together in order to invade a list.

Domination Trolls: This is where the trollers' strategy extends to the creation and running of apparently bona-fide mailing lists.

Psycho Trolls: These trolls have an unconscious psychological need to feel good by making others feel bad. Such people may use their real names on the internet, and they may not even realise that they are "trolling".
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unknowen, 7 Jan 2010 @ 8:22am

The wicked troll of the east!!! trolls are not honest. They think they are & only believe themself like you if people watch close 90 % of stuff you guys say is bs. In realife you are cowards with mental illness, little friends, still living in moms basement. So do us a huge favor fu**off & get a life. And seek mental help.
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unknowen, 24 Feb 2010 @ 11:36am

By the way trolls have mental illnesses. Look it up. These people stalk others thinking it's okay. well my mind says it's not normal. :)
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Dark Star, 20 Jul 2010 @ 12:23pm

Umm.
Isn't freedom of expression protected in all forms of media?
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gsmcclellan, 10 Feb 2011 @ 6:45pm

Seems eerily close to the Alien and Sedition acts where they started arresting people for annoying the government by having their own political views.

But hey, to hell with the constitution, right?
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Anonymous Coward, 25 Feb 2011 @ 6:55pm

Yea, let's see them enforce it and go through billions of messages. I'm still gonna troll. >:D
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Troll, 23 Aug 2011 @ 6:35pm

TROLLIN'
YOZ MUST BE TROLLIN' MEZ.
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Mark, 13 Mar 2012 @ 12:54pm

No joke
Trust me; I once trolled the internet about child molestation. The police visited my home. It is no joke. Troll at your own risk.
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