Fchatters cant be sued :)

Good call. Now, to be clear, that says you can't be sued for repeating or reposting defamation said/written by someone else, but you can be sued if you are the original source of the statement.

 

now there will be an arguement of "what is a blog"

 

In that case I heard somewhere that you are a no good so and so.

I think that this case is going to be debated in courts for years to come.

 

Oh yeah, these issues are far from over!

 

Does this mean we can ask Lamour to come back?

 

does this means that the Fchat police will be dissolved?

 

Apparently this is also the policy of mbworld.org.... JJ


Annoying someone via the Internet is now a federal crime.

--------------------------------------------------------------------------------

To all forum members:
-------

It's illegal to annoy

A new federal law states that when you annoy someone on the Internet, you must disclose your identity. Here's the relevant language.

"Whoever...utilizes any device or software that can be used to originate telecommunications or other types of communications that are transmitted, in whole or in part, by the Internet... without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person...who receives the communications...shall be fined under title 18 or imprisoned not more than two years, or both."

See full article here. Text Below:

By Declan McCullagh

Published: January 9, 2006, 4:00 AM PST - News.com

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.

In other words, it's OK to flame someone on a mailing list or in a blog as long as you do it under your real name. Thank Congress for small favors, I guess.

This ridiculous prohibition, which would likely imperil much of Usenet, is buried in the so-called Violence Against Women and Department of Justice Reauthorization Act. Criminal penalties include stiff fines and two years in prison.

"The use of the word 'annoy' is particularly problematic," says Marv Johnson, legislative counsel for the American Civil Liberties Union. "What's annoying to one person may not be annoying to someone else."

Buried deep in the new law is Sec. 113, an innocuously titled bit called "Preventing Cyberstalking." It rewrites existing telephone harassment law to prohibit anyone from using the Internet "without disclosing his identity and with intent to annoy."

To grease the rails for this idea, Sen. Arlen Specter, a Pennsylvania Republican, and the section's other sponsors slipped it into an unrelated, must-pass bill to fund the Department of Justice. The plan: to make it politically infeasible for politicians to oppose the measure.

The tactic worked. The bill cleared the House of Representatives by voice vote, and the Senate unanimously approved it Dec. 16.

There's an interesting side note. An earlier version that the House approved in September had radically different wording. It was reasonable by comparison, and criminalized only using an "interactive computer service" to cause someone "substantial emotional harm."

That kind of prohibition might make sense. But why should merely annoying someone be illegal?

There are perfectly legitimate reasons to set up a Web site or write something incendiary without telling everyone exactly who you are.

Think about it: A woman fired by a manager who demanded sexual favors wants to blog about it without divulging her full name. An aspiring pundit hopes to set up the next Suck.com. A frustrated citizen wants to send e-mail describing corruption in local government without worrying about reprisals.

In each of those three cases, someone's probably going to be annoyed. That's enough to make the action a crime. (The Justice Department won't file charges in every case, of course, but trusting prosecutorial discretion is hardly reassuring.)

Clinton Fein, a San Francisco resident who runs the Annoy.com site, says a feature permitting visitors to send obnoxious and profane postcards through e-mail could be imperiled.

"Who decides what's annoying? That's the ultimate question," Fein said. He added: "If you send an annoying message via the United States Post Office, do you have to reveal your identity?"

Fein once sued to overturn part of the Communications Decency Act that outlawed transmitting indecent material "with intent to annoy." But the courts ruled the law applied only to obscene material, so Annoy.com didn't have to worry.

"I'm certainly not going to close the site down," Fein said on Friday. "I would fight it on First Amendment grounds."

He's right. Our esteemed politicians can't seem to grasp this simple point, but the First Amendment protects our right to write something that annoys someone else.

It even shields our right to do it anonymously. U.S. Supreme Court Justice Clarence Thomas defended this principle magnificently in a 1995 case involving an Ohio woman who was punished for distributing anonymous political pamphlets.

If President Bush truly believed in the principle of limited government (it is in his official bio), he'd realize that the law he signed cannot be squared with the Constitution he swore to uphold.

And then he'd repeat what President Clinton did a decade ago when he felt compelled to sign a massive telecommunications law. Clinton realized that the section of the law punishing abortion-related material on the Internet was unconstitutional, and he directed the Justice Department not to enforce it.

Bush has the chance to show his respect for what he calls Americans' personal freedoms. Now we'll see if the president rises to the occasion.

 

^meh, i'll wait for the summary by Ryan

 

As I understand it, this ruling upholds application of the Communications Decency Act immunity for ISPs to someone who maintains an email list- not a huge leap from existing rulings immunizing chat boards for acting as a facility enabling posters to make defamatory statements. Despite the gloss placed on this in the news article, I do not think this means that the person who made the defamatory statement is immune from a claim. BTW, the rule is different for conventional print publications.

 

So, 'posting' is bad, and 'reposting' is good.

 

Bill:

You're right, but prior to this specific ruling, one who re-published defamatory statements was liable. The federal statute provided for immunity for that form of defamation. However, if you repeat what someone told you, not on line, you are liable for defamation, so I guess you can post it, but you can't say it.

Art

 

That's the summary!

 

whisky-notes

 

Art, What were the defamatory comments made about you on the WERA BBS?

 

yes, do tell good buddy.


curious people really want to know.

 

Careful, he might get annoyed.

 

i was pretty annoyed when this pseudo lawyer threatened to sue me on the www.WERA.com forum in a private message.

but then, after being told to "bring it on." he instantly disappeared, and started posting here.


wonder what happened to that guy....