Email firm claims Annoyance law is unconstitutional

By Derek Sooman on February 9, 2006, 8:01 PM
A newly passed piece of legislation in the US known as the Annoyance Law, which imposes criminal penalties upon anyone who sends an anonymous communication with intent to annoy has come under attack by TheAnonymousEmail.com, together with its parent company The Suggestion Box, who claim that the law is unconstitutional. The law states that anyone who sends an email with intent to annoy could be subject to criminal penalties, but stops short of accurately defining what annoyance actually is.

TheAnonymousEmail.com advertises and provides services through which persons can send anonymous emails for "a variety of personal and business-oriented needs". The firm notes that, under the Annoyance Statute, it could become subject to criminal penalties where it knows that persons use its facilities to send emails that could be deemed to have been sent with an intent to annoy. Although the Annoyance Statute provides for a limited defense, this defense becomes unavailable to any person who advertises the availability of anonymous communications prohibited by the Annoyance Statute, the organization claims.

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