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Originally posted by Ian McLean
The actual relevant text of the bill is:
Whoever transmits in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior, shall be fined under this title or imprisoned not more than two years, or both.
The previous quotes exclude the more limiting clause. However, even with the limitations of the communications being necessarily "severe, repeated and hostile", this bill does not give a determinable enough definition of those terms to not be a 1st amendment infringement.
Intent to cause "distress", and what exactly is "hostile" in that context can be applied to a great range of political and social advocacy causes, for example.
Originally posted by intrepid
IDK why everyone gets bent out of shape every time a new piece of legislation comes down as far as Free Speech goes. The title of this thread is misleading. Just read the OP:
“coerce, intimidate, harass, or cause substantial emotional distress to a person.”
That's not just hurting someones feelings. In fact we have laws against this sort of thing in RL. Maybe it's time for the digital age to catch up.
Originally posted by judgiebegoode
whether it's your front door, your desk at work, or your e-mail inbox... you should never be expected to have to deal with harassment, and as such, this law is meant to help protect those who have no other means of alleviating the problem.
Megan Meier Cyberbullying Prevention Act (Introduced in House)
HR 1966 IH
111th CONGRESS
1st Session
H. R. 1966
To amend title 18, United States Code, with respect to cyberbullying.
IN THE HOUSE OF REPRESENTATIVES
April 2, 2009
Ms. LINDA T. SANCHEZ of California (for herself, Ms. KAPTUR, Mr. YARMUTH, Ms. ROYBAL-ALLARD, Mrs. CAPPS, Mr. BISHOP of New York, Mr. BRALEY of Iowa, Mr. GRIJALVA, Mr. HARE, Mr. HIGGINS, Mr. CLAY, Mr. SARBANES, Mr. DAVIS of Illinois, Mr. COURTNEY, and Mr. KIRK) introduced the following bill; which was referred to the Committee on the Judiciary
--------------------------------------------------------------------------------
A BILL
To amend title 18, United States Code, with respect to cyberbullying.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Megan Meier Cyberbullying Prevention Act'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Four out of five of United States children aged 2 to 17 live in a home where either they or their parents access the Internet.
(2) Youth who create Internet content and use social networking sites are more likely to be targets of cyberbullying.
(3) Electronic communications provide anonymity to the perpetrator and the potential for widespread public distribution, potentially making them severely dangerous and cruel to youth.
(4) Online victimizations are associated with emotional distress and other psychological problems, including depression.
(5) Cyberbullying can cause psychological harm, including depression; negatively impact academic performance, safety, and the well-being of children in school; force children to change schools; and in some cases lead to extreme violent behavior, including murder and suicide.
(6) Sixty percent of mental health professionals who responded to the Survey of Internet Mental Health Issues report having treated at least one patient with a problematic Internet experience in the previous five years; 54 percent of these clients were 18 years of age or younger.
SEC. 3. CYBERBULLYING.
(a) In General- Chapter 41 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 881. Cyberbullying
`(a) Whoever transmits in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior, shall be fined under this title or imprisoned not more than two years, or both.
`(b) As used in this section--
`(1) the term `communication' means the electronic transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received; and
`(2) the term `electronic means' means any equipment dependent on electrical power to access an information service, including email, instant messaging, blogs, websites, telephones, and text messages.'.
(b) Clerical Amendment- The table of sections at the beginning of chapter 41 of title 18, United States Code, is amended by adding at the end the following new item:
`881. Cyberbullying.'.
Originally posted by cpdaman
haven't seen this on here.....so let me know what you think
revolutionradio.org...
The bill (HR 1966) proposes up to two years in prison for those whose electronic speech is meant to “coerce, intimidate, harass, or cause substantial emotional distress to a person.” Regardless of where you stand on the political spectrum the potential harm of this bill on our freedom of speech will be massive
this bill was relatated to the Case in which a Mom invented a myspace personality named "josh" and teased a neighbor's daugher until she commited suicide......and this was an awful tragedy........but it the solution to impinge of free speech on the internet which could be abused by power hungry politicans to try and scare people from voicing opposing opinions toward a politician.......or just a fellow member or blogger.........heck i though a week suspension from a message board...or even banning was enough ........but instead they could sue you and if they have a good enough lawyer you could get jail time now????? in the USA
Originally posted by thisguyrighthere
Originally posted by judgiebegoode
whether it's your front door, your desk at work, or your e-mail inbox... you should never be expected to have to deal with harassment, and as such, this law is meant to help protect those who have no other means of alleviating the problem.
Unless I'm mistaken harassment laws already exist. I wasnt aware that stalking someone online and constantly sending harassing messages was somehow exempt as though it was international waters.
Here's an article from 1998 talking about how police were using existing harassment laws to go after "email harassers." That was a decade ago.
www.washingtonpost.com...
If these laws existed then what's the point of yet another law to "fight" a problem that will persist regardless of how many millions of these "laws" are stacked against it?