Woodworth & Frisella

The blogosphere is all abuzz about Declan McCullagh’s report about a “law” inserted by Arlen Spector in the Violence Against Women and Department of Justice Reauthorization Act, recently signed by President Bush.

Annoying someone via the Internet is now a federal crime.

It’s no joke. Last Thursday, President Bush signed into law a prohibition on posting annoying Web messages or sending annoying e-mail messages without disclosing your true identity.

Before you put your lawyer on permanent retainer, read Orin Kerr’s analysis over at The Volokh Conspiracy.

This language is an amendment of the telecommunications harassment statute that goes back to the Communications Act of 1934. That statute prohibits harassing telephone communications.

As Orin explains, the law only applies to speech that falls outside the 1st amendment.

So unless you cry “FIRE” in a crowded theater in email, the chances of getting hauled off to the hoosegow over this amendment are slim to none.

It’s the beginning of the year and time to dust off those files sitting on the back of your desk and make hay while the sun shines.

Collect your overdue receivables starting today.

1. Start out by sending the debtor a letter with a specific time frame for payment and consequences for failing to pay. (copy your lawyer with her permission)

2. Call the debtor 1-2 days after he is scheduled to receive the letter.

3. Work out a deal or begin the consequences.

4. If you work out a deal make it time sensitive with additional consequences for any failure – e.g. “you agree to pay $10,000 a week due on Friday, and if you fail you waive any defenses”.

5. Make the promises clear and put them in writing.

6. Follow up on any failure to meet a deadline immediately.

7. Encourage the debtor to call you before you call him if he can’t make the date.

8. Watch the cash stream in.