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.