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Go Directly to Jail, Do Not Pass Go

by Joy

We are all familiar with the typical Cyber-Troll: the anonymous poster who latches onto someone in any of the myriad cyber-forums devoted to discussion and debate of hot-button topics (like NDE vs. ID, politics of any variety, abortion, insert issue of choice here) and won't let go. Most of us even know of certain personas that have been banned from numerous forums for an inability to maintain civil discourse – or even follow posted 'rules' – but who keep right on changing their pseudonyms and their ISPs and their emails so they can keep right on going without a pause. Very frustrating.

Psychologist Daniel Goleman answered the Edge "World Question 2005" ["What's Your Dangerous Idea?"] with a short piece on what he calls Cyber-Disinhibition. He describes this 'new' psychological disorder thusly:

"The Internet inadvertently undermines the quality of human interaction, allowing destructive emotional impulses freer reign under specific circumstances. The reason is a neural fluke that results in cyber-disinhibition of brain systems that keep our more unruly urges in check. The tech problem: a major disconnect between the ways our brains are wired to connect, and the interface offered in online interactions."

Goleman goes on to mention that this psychological phenomenon has been recognized since the very earliest days of the internet, when Arpanet users invented the term "flaming" to describe a cyber-message using words and portraying a confrontational attitude the person behind it would never use face-to-face. Because to behave this way in real life interrelationships would leave a person friendless or get them fired. Unless they're the boss, in which case they'll likely be promoted. ;)

Goleman takes this farther into cyber-weirdness by linking the disinhibition state to really harmful situations, such as "cyber-bullying" (favored by teenage girls, long known to be the meanest critters on the planet), and even enlisting minors into cyber-sex situations. Goleman's "dangerous idea" – that the internet may harbor social perils our inhibitory circuitry was not designed to handle in evolution.

Something to think about, but fear not! It's not like our Fearless Leaders haven't attempted to deal with this problem in 'the usual' ways! Just last Thursday President Bush signed into law the "Violence Against Women and Department of Justice Reauthorization Act," which carried an odd little rider that probably not too many people noticed: it make "annoying e-mail messages" a federal crime.

c/net News has an article by Declan McCullaugh about this little present, which comes attached to stiff fines and up to 2 years in prison for violations.

In Section 113 of the new law there's a little tidbit called "Preventing Cyberstalking," which is basically a rewrite of existing telephone harassment law, which "prohibits anyone from using the internet 'without disclosing his identity and with intent to annoy.'" Though the word "annoy" could probably use some clarification, this is what the law now says. The rider was slipped into the reauthorization bill by none other than Arlen Specter, knowing that no legislator would dare oppose the bill because reauthorization of DoJ was necessary. Nifty how that works, isn't it?

An earlier version of the bill was approved by the House of Representatives in September was worded differently, criminalizing only cyberspeach through an "interactive computer service" if it caused someone "substantial emotional harm." Which, believe me, is really difficult to establish in a court of law.

The constitutionality of this law has of course not yet been established. It no doubt will eventually be tested on constitutional grounds as soon as it seriously affects someone with a few million dollars to waste taking it to court. But until then, maybe we should all review our cyber-postings before hitting "Post" to see if they pass legal muster?

This entry was posted on Monday, January 9th, 2006 at 3:04 pm and is filed under Random Stuff, The Debate. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

8 Responses to “Go Directly to Jail, Do Not Pass Go”

  1. TP Says:
    January 9th, 2006 at 8:22 pm

    I read the CNET story today and I was shocked. I had to double-check to make sure today wasn't April 1st. After all, who among us couldn't be accused of being annoying at some time or another on the Internet? I could understand some friendly moderation, but 2 years in jail?

    My guess is that this law will turn out to be a nightmare and they will have to remove it from the books.

  2. Comment by TP — January 9, 2006 @ 8:22 pm

  3. Joy Says:
    January 9th, 2006 at 8:33 pm

    TP - the sooner the better! I mean, if someone's really being stalked, there are laws on the books (usually state laws). And they usually cover the usual means – this law is just an extension of telephone harassment law, supposedly.

    Far as I know there are no federal anti-stalking laws, though there's probably something on the books that could get the FBI involved, if state lines are crossed. My guess is that they thought this would address the interstate and international nature of the medium. But it's ridiculous. What, exactly, does "annoyed" mean?

    The more serious issue is that Congress feels the need to sneak things like this into important legislation knowing nobody's going to read it beforehand. There's just gotta be a better way to make law… Couldn't there be a staffer who just checks these things against, say, The US Constitution or something? :(

  4. Comment by Joy — January 9, 2006 @ 8:33 pm

  5. Joy Says:
    January 9th, 2006 at 8:47 pm

    Communications Act of 1934, as amended in Sec. 113, HR 3402, "Violence Against Women and Department of Justice Reauthorization Act of 2005" -

    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.

  6. Comment by Joy — January 9, 2006 @ 8:47 pm

  7. DonaldM Says:
    January 10th, 2006 at 9:08 pm

    Well, all I can say, you are all the best people I've ever encountered anywhere…just in case any regulator asks!!!

  8. Comment by DonaldM — January 10, 2006 @ 9:08 pm

  9. TP Says:
    January 10th, 2006 at 11:37 pm

    DonaldM: Well, all I can say, you are all the best people I've ever encountered anywhere"¦just in case any regulator asks!!!

    I find that statement very annoying. Where is a prosecutor? ;)

  10. Comment by TP — January 10, 2006 @ 11:37 pm

  11. DonaldM Says:
    January 11th, 2006 at 10:19 am

    TP:

    DonaldM: Well, all I can say, you are all the best people I've ever encountered anywhere"¦just in case any regulator asks!!!

    I find that statement very annoying. Where is a prosecutor? ;)

    Cute. But it also points up the real problem with this whole concept. What exactly does it mean to "annoy" someone on the internet. This is a pandora's box if you ask me.

    DISCLAIMER: The above comments reflect only the views of the poster and are intended for entertainment only. If anyone is annoyed or offended by these comments, the poster is indeed sorry and apologizes for any inconvenience resulting from the reading of this post.

  12. Comment by DonaldM — January 11, 2006 @ 10:19 am

  13. Douglas Says:
    January 12th, 2006 at 6:44 am

    I find "Internet Infidels" very annoying. And I'm pretty sure most of the postings there intend to annoy Creationists. I love new laws.

  14. Comment by Douglas — January 12, 2006 @ 6:44 am

  15. Krauze Says:
    January 12th, 2006 at 10:10 am

    Joy,

    I'm sure the politicians who approved this law find it very annoying that you're making fun of them like this. Put up (with your real identity) or shut up.

  16. Comment by Krauze — January 12, 2006 @ 10:10 am

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