Don't Be A Jerk To A Minor In Louisiana Or Say Anything Sexually Suggestive In Scotland
from the controlling-behavior dept
Back in May we wrote about how Louisiana was the latest state to try to pass overly broad anti-"cyberbullying" legislation, that would make it illegal to say anything online that might "embarrass" anyone under 17. With a few modifications that law has now been passed. They (thankfully) removed the "embarrass or cause emotional distress" part, but still left in that it's illegal to communicate "with intent to torment or intimidate" which seems pretty broad. No more trash talking on IM, kids.Meanwhile, Glyn Moody points us to a new law in Scotland that outlaws "indecent communication" online. The law says you can't say anything sexually related to someone without first getting consent. While, the intentions are good, the reality is that this will almost certainly lead to problems:
In our culture, it is not normal to ask people for permission to say something sexual during the course of a facebook chat or a conversation in a bar. "Do you mind if I deploy an innuendo" just wouldn't sound right. And quite frankly it shouldn't.The more and more governments try to regulate how people talk to each other online, the more and more ridiculous it's going to look.
Whether people get off with each other in bars, or engage in mundane msn conversations that degenerate into bad internet sex, people frequently make the transition from polite conversation into something more erotic. And this very often necessitates somebody saying something on a whim, somebody communicating some sexual feeling in the hope that it will be reciprocated. And sometimes that means saying something under circumstances that don't quite match up to a "reasonable belief in consent".
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: cyberbullying, free expression, louisiana, scotland
Reader Comments
Subscribe: RSS
View by: Time | Thread
Scotland
"Norman is a boy cow."
I am now a criminal.
[ link to this | view in chronology ]
Re: Scotland
Sorry, I couldn't stop myself.
[ link to this | view in chronology ]
Re: Re: Scotland
[ link to this | view in chronology ]
Re: Re: Re: Scotland
[ link to this | view in chronology ]
Re: Re: Re: Re: Scotland
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Scotland
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Scotland Depraved (by The Tartan Terrors)
Bring me my whiskey, mother!
I'm feeling frisky, mother!
Bring me my sheep,
For I am lonely tonight.
Gosh knows I'm really randy.
Good thing I'm very handy!
England is prim and proper.
Scotland's Depraved!
Chorus:
Bah bah bah-da bah bah bah
Bah bah bah-da bah bah bah
Bah bah bah-da bah bah bah
Bah bah bah-da
Bah bah bah-da bah bah bah
Bah bah bah-da bah bah bah
England is prim is proper.
Scotland's Depraved!
Bring me a lover, mother!
No, not my brother, mother!
Bring me my sheep,
For I am lonely tonight.
No, not my sister, Mary.
Her legs are very hairy.
England is prim is proper.
Scotland's Depraved!
(chorus)
I'm as a horny as a clansman!
I will even take a Saxon!
Bring me my sheep,
For I am lonely tonight.
Gunmen wear their kilts all day:
Zippers scare the sheep away...(so I've heard)
England is prim is proper.
Scotland's Depraved!
(chorus)
One More Time!
(chorus)
[ link to this | view in chronology ]
Re: Scotland Depraved (by The Tartan Terrors)
[ link to this | view in chronology ]
Good thing I can still be a jerk on techdirt
[ link to this | view in chronology ]
Many stories of kids being tortured online is heartbreaking
I hope kids understand that they cant do anything and get away with it
[ link to this | view in chronology ]
Re:
Mocking should not be illegal. There is no right to not be offended. Trying to make one puts the incentives on being offended; the people who benefit the most are those who are most easily or most greatly offended. That's a strange structure to encourage.
[ link to this | view in chronology ]
http://www.smh.com.au/world/mother-jailed-for-sex-with-son-she-gave-up-for-adoption-2010071 3-108ts.html
Apparently this woman gave up her son for adoption 16 years ago. Last year (or the year before) located him on Facebook, and knowing exactly who he was seduced him. In other reports I understand she's facing hospitalization assuming she's found guilty.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
Mephistopheles: "Why, this is hell, nor am I out of it."
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
I meant to say: I leave Scotland for 6 months and this is what they do!
[ link to this | view in chronology ]
Re: Re:
The iPhone has a what now? *fondles his N900*
[ link to this | view in chronology ]
[ link to this | view in chronology ]
I herd one
[ link to this | view in chronology ]
...
There are exceptions of course.
[ link to this | view in chronology ]
Be interesting if someone uses this law against them.
[ link to this | view in chronology ]
Thank You, Pedantic Fucking Parents
Regarding the outlawing in Scotland of "sexually suggestive conversation" without consent...
I'm sure it was the few seriously degenerate men (and the two women) who throw trash around all the time that brought this law about. But, what the fuck?
Is this some new form of population control? If we brought this bullshit to the U.S. it would immediately become a cash-farm for lawyers doing "civil follow-up" to specious criminal charges, and the chilling effect would immediately extend to everyone's pants
[ link to this | view in chronology ]
What about overtly sexual advertising? say in the form of an avatar, pseudo-chat window, or forum bot. Which third party is going to get sued first for obscene communique?
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
(a) obtaining sexual gratification,
(b) humiliating, distressing or alarming B (the other)
I'm not sure how a) will go unless it is some private titillation directly related to the sharing, rather than just a general part of conversation, but the second is somewhat clearer.
To an initial reading it makes sense. The trouble becomes in how broadly these will be interpreted (and what evidence is needed to 'prove' these motivations).
As a resident of Scotland, I wait with mild trepidation!
[ link to this | view in chronology ]
Next on Mock the Week
[ link to this | view in chronology ]