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Upon the Arizona governor's desk sits a revised house bill (pdf) which is ready to be signed into law. The changes in H.B 2549s aim to curb and even criminalize cyberbullying, however, it may also make nearly every chat room and comment section found on the Internet a place of illicit behavior.
The amendments made to H.B. 2549 would make just about any annoying, harassing or offensive online comment, reply or message illegal in the state of Arizona. In other words, the time-honored vocation of Internet trolling would become a criminal offense -- a class 1 misdemeanor -- punishable by up to a $250,000 fine and 6 months in jail.
According to The Verge, Media Coalition and other sources, what Arizona officials have done is take a telecommunications bill which was already law, cross out all references to "telephone" and replace them with "electronic or digital communications". On its face, this could be seen as a sensible thing to do considering the Internet is, at its core, a communications device. However, because people voluntarily seek out places on the Internet -- the web doesn't ring your phone until you're forced to turn it off, like a harassing phone call might -- some would argue it's quite different.
For example:
A. It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use atelephone[read: electronic or digital device] and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person.Source: azleg.gov
Realizing the potential dangers of such legislation, the Media Coalition has sent a formal request (pdf) to Arizona's governor, Jan Brewer, in hopes she will veto the bill. In the letter, the organization seems to capture the essence of the issue within a couple of paragraphs.
H.B. 2549 would make it a crime to use any electronic or digital device to communicate using obscene, lewd or profane language or to suggest a lewd or lascivious act if done with intent to "annoy," "offend," "harass" or "terrify." The legislation offers no definitions for "annoy," "offend," "harass" or "terrify." "Electronic or digital device" is defined only as any wired or wireless communication device and multimedia storage device. "Lewd" and "profane" are not defined in the statute or by reference. "Lewd" is generally understood to mean lusty or sexual in nature and "profane" is generally defined as disrespectful or irreverent about religion or religious practices.
Government may criminalize speech that rises to the level of harassment and many states have laws that do so, but this legislation takes a law meant to address irritating phone calls and applies it to communication on web sites, blogs, listserves and other Internet communication. H.B. 2549 is not limited to a one to one conversation between two specific people. The communication does not need to be repetitive or even unwanted. There is no requirement that the recipient or subject of the speech actually feel offended, annoyed or scared. Nor does the legislation make clear that the communication must be intended to offend or annoy the reader, the subject or even any specific person.
User Comments: 30
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Man, one girl kills herself [link] and now governments think the acts that led to her suicide should be punishable.
I mean, I'm sure the internet will turn into a place where only nice people hang out after this law passes. There's no way they would be doing something like this to hold people accountable for the extreme cases of bullying that lead to suicides. Those people should be able to go free. So what if she hung herself, she should have 'gotten over it' they're only words, ffs!
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It is impossible to tell for sure who is responsible for sending an internet communication. Legally it is not possible to attach IP address to a person. Which is good for organizations to change public opinions with paid comments, so it's not going to change. This law is just a "reaction" of the government to people's complaints, it's not going to work in reality.
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I've told people to go play in traffic numerous times. Must be a criminal, call the cyber police to backtrace me and lock me up.
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Mindwraith said:
I support this entirely. It's illegal to harass people in real life, it should be illegal online too.
Read the story. As the letter to the governor says: "H.B. 2549 is not limited to a one to one conversation between two specific people. The communication does not need to be repetitive or even unwanted. There is no requirement that the recipient or subject of the speech actually feel offended, annoyed or scared." In other words, it does not target harassment.
Politicians in legislature tend to be former prosecutors. Prosecutors build careers by getting convictions, not by helping to dispense fairness or justice. And lawyers in general still believe, all too often, that actually knowing how to use those top-of-the-line computer things on their desks for show would be beneath their exalted status.
Expecting such people to know or understand, far less care about, technology and its uses is simply unrealistic. The same goes for expecting a politician, who by definition must posture to win, to understand or care about how workable a law is.
As for violating the constitution - what constitution? Between the military, a president who seems not to care about his own promises, and the current set of Corporate Supremes on the high bench, there's not much left now of the Bill of Rights, which is what those who raise constitutional objections, are really talking about.
People who think "the system" still works at state or federal levels have their heads in the sand. Of course, one can always hope for thoughtful moderation. Good luck.
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If you don't like what is being posted on a particular website, stop visiting that website. I know this is a novel concept for oversensitive, self-important individuals who apparently lack common sense and want to control the actions of anyone they disagree with, however, if you value the freedom and liberties that we currently enjoy, and for which our predecesors fought and died for, you might have to endure being offended from time to time. Unless someone is holding a gun to your head and forcing you to type "youtube" into your browser, you have every right to avoid that website. Quite frankly, I'm offended at your point of view regarding this issue. According to your frame of logic, or lack thereof, I should call the cops and have you incarcerated.
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