The "e-Annoyance" law

Viewing things in context, the part of the original law that is affected here [223(a)(1)] states:

(C) makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications;... shall be fined under title 18 or imprisoned not more than two years, or both.

The wording of this has not changed.

The new law makes some changes to 223(h)(1) which is the section on Definitions:

(h) Definitions
For purposes of this section—

(1) The use of the term “telecommunications device” in this section—

(A)shall not impose new obligations on broadcasting station licensees and cable operators covered by obscenity and indecency provisions elsewhere in this chapter; and
(B) does not include an interactive computer service.; and
(C) in the case of subparagraph (C) of subsection (a)(1), includes 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 (as such term is defined in section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note)).

Now, maybe I'm just tired, but it seems to me that it is the making of a telephone call or using a “telecommunications device” "without disclosing identity and with intent" is the punishable action. And, it clearly states (at least to me) that a “telecommunications device” does not include "an interactive computer service," which would -- by their own definition -- exempt messages on forums, postings to blogs, posts to Usenet, etc..

If they had changed it to say OR instead of AND at the end of (B) then I'd see cause for concern.

As it stands, what it appears to do is update the law to cover VoIP telephony, and other things like sending text messages to cellphones and pagers via a Web interface.

Article on C|NET News.com
Previous Law
New Law (On this page, there are six versions. Click on #6, select "Printer Friendly Display" and scroll about one-fifth down the page to "SEC. 113. PREVENTING CYBERSTALKING.")


	A Look at The "e-Annoyance" Law
	Okay, I am not a lawyer, I don't play one on TV, and I get a headache whenever I try to read stuff like this. But... Let's look at the law as it already existed, and apply the new changes and see what it looks like. (Links to sources at end.) This is the short version. It only uses the relevant portions. If you want to see the long version, it is HERE.
	Previous law = Normal Text Deletions = Bold Red Text w/strikethrough where needed Additions = Bold Green Text Part of Previous Law Affected by Changes = Bold Italic Black Viewing things in context, the part of the original law that is affected here [223(a)(1)] states: (C) makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications;... shall be fined under title 18 or imprisoned not more than two years, or both. The wording of this has not changed. The new law makes some changes to 223(h)(1) which is the section on Definitions: (h) Definitions For purposes of this section— (1) The use of the term “telecommunications device” in this section— (A)shall not impose new obligations on broadcasting station licensees and cable operators covered by obscenity and indecency provisions elsewhere in this chapter; and (B) does not include an interactive computer service.; and (C) in the case of subparagraph (C) of subsection (a)(1), includes 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 (as such term is defined in section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note)). Now, maybe I'm just tired, but it seems to me that it is the making of a telephone call or using a “telecommunications device” "without disclosing identity and with intent" is the punishable action. And, it clearly states (at least to me) that a “telecommunications device” does not include "an interactive computer service," which would -- by their own definition -- exempt messages on forums, postings to blogs, posts to Usenet, etc.. If they had changed it to say OR instead of AND at the end of (B) then I'd see cause for concern. As it stands, what it appears to do is update the law to cover VoIP telephony, and other things like sending text messages to cellphones and pagers via a Web interface. Article on C\|NET News.com Previous Law New Law (On this page, there are six versions. Click on #6, select "Printer Friendly Display" and scroll about one-fifth down the page to "SEC. 113. PREVENTING CYBERSTALKING.")