I'm trying to track down the truth of this allegation, that a new law
was signed by President G.W. Bush Thursday 2006.Jan.05, which therefore
may have gone into effect already or may not go into effect until later.
One of many articles posted on newsgroups about this new law:
Message-ID: <_kEwf.805$ee6.573@newsread3.news.pas.earthlink.net>
> http://tinyurl.com/czaml
->
Direct link to article by Declan McCullagh Excerpts:
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.
"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."
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."
End of excerpts.
I called the office of Rep. Anna Eshoo on Jan.12 to try to learn
whether this story is true, and if so when the law goes into effect,
and I'm waiting to hear back. Meanwhile I tried to search online to
find any official source of information. For example:
Starting at http://thomas.loc.gov/
I clicked on the the link
Bills, Resolutions
and from there I clicked on the link
Search Bill Text
which took me to a big search form.
In the textfield for [Word/Phrase]
I filled in
I left all other fields and buttons etc. in their default condition,
then I pressed the
button, and it gave me this:
Server Error
The server encountered an internal error or misconfiguration and was
unable to complete your request. The server may be experiencing a
temporary error condition; please retry your request later.
End of quoted server error text.
Now the weird thing is that after I went to all the trouble to describe
that error, and hand-code a HTML form with all the fields set up just
the way that failed, and put that hard-wired SEARCH button in this Web
page, my hardwired SEARCH button (above) actually works even though the online
form with exactly the same POST data bombs!!
I have no idea what the problem with the online form is.
Anyway, I called Eshoo's office again and asked the person who had told
me to try the Thomas search, and he suggested using another search form
directly on the home page. So I tried that, back on
http://thomas.loc.gov/
there's a short search form:
(Note: The visible text field is only 20 characters wide, not large
enough to show the last part of "e-mail".)
Anyway, I clicked on that SEARCH button, and now it works
(both the actual search form, and the hardwired link I have
above), giving me a very large WebPage (109 screens full):
1000 Bills from the 109th Congress ranked by relevance on
"felony+annoying+e-mail ".
0 bills containing your phrase exactly as entered.
0 bills containing all your search words near each other in any
order.
0 bills containing all your search words but not near each
other.
1000 bills containing one or more of your search words.
End of excerpts.
I remembered that the bill was supposed to be an attachment to the
funding for the Justice department, so I searched for "justice", found:
334 . Violence Against Women and Department of Justice Reauthorization
Act of 2005 (Engrossed Amendment as Agreed to by Senate)[H.R.3402.EAS]
337 . Violence Against Women and Department of Justice Reauthorization
Act of 2005 (Enrolled as Agreed to or Passed by Both House and
Senate)[H.R.3402.ENR]
346 . Department of Justice Appropriations Authorization Act, Fiscal
Years 2006 through 2009 (Reported in House)[H.R.3402.RH]
End of excerpts, many more like those followed.
Those first two (both H.R.3402) sound like the rignt one,
so I clicked on them and looked around, and saw a note that the last
major action was that it became public law, but no info about when
it became law, and nowhere in the outline was there any mention
of harassing or annoying or e-mail or Internet, so I wasn't able to
confirm that this law even mentions anonymous-annoying e-mail as a crime.
So I'm needing to know: Does this bill actually outlaw any e-mail that
annoys but fails to identify the sender? Did this law go into effect,
and if so when? If both of those are affirmative, how do I report such
crimes which have been committed against me since the law went into effect?
Edit done for now. Awaiting response by tagged e-mail followed
by online alert. I'll be out for the rest of the afternoon (Jan.13),
back sometime
in the evening. Update: I'm back, it's late evening, and
I haven't heard back from Eshoo's staff yet. I don't expect to hear
from them over the weekend, nor Monday Martin-Luther-King Day, so is there
anybody else who can tell me about this new law before Eshoo's staff
returns on Tuesday Jan.17?
...