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Internet Law and Privacy - Printable Version

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Internet Law and Privacy - Lady Cop - 05-24-2012

this is fascinating. internet law is still evolving.

i'm posting only part of article from TIME. and link to read it all.
also another link about IP addresses is at bottom of page.
anyone who owns or frequents forums might be interested in the judicial opinions.

The New York Bill that Would Ban Anonymous Online Speech


--------------------------------------------
TIME
Watching faceless online passerby troll bloggers or mock fellow scribblers can be a drag, but what if legislators’ answer to online ne’er-do-wells was to ban anonymous comments from websites entirely? That’s what the state of New York is planning to do in identical bills — S.6779 and A.8688 – proposed by the New York State Assembly that would “amend the civil rights law” in order to “[protect] a person’s right to know who is behind an anonymous internet posting.”

The bill would require a web administrator to “upon request remove any comments posted on his or her web site by an anonymous poster unless such anonymous poster agrees to attach his or her name to the post and confirms that his or her IP address, legal name, and home address are accurate.” By “web site,” the bill means just what it seems to: Any New York-based website, including “social networks, blogs forums, message boards or any other discussion site where people can hold conversations in the form of posted messages.”

S.6779 is dated March 21, 2012, and stipulates that it will take effect 90 days after becoming law — neither bill has been voted on yet.

Wired noticed the bills on Tuesday and immediately pointed out the disparity between the legislation’s tenets and the First Amendment to the U.S. Constitution, which stipulates:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

While the First Amendment doesn’t specify anonymous speech, the Electronic Frontier Foundations notes that the U.S. Supreme Court “has ruled repeatedly that the right to anonymous free speech is protected by the First Amendment.” Consider the Supreme Court ruling in McIntyre v. Ohio Elections Commission (1995), says the EFF, in which the Court ruled that an Ohio statute prohibiting “campaign literature that does not contain the name and address of the person or campaign official issuing the literature” was unconstitutional. Noting that ”[the] decision in favor of anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of one’s privacy as possible,” the Court wrote:

rest of article:
Read more: http://techland.time.com/2012/05/24/the-new-york-bill-that-would-ban-anonymous-online-speech/?hpt=hp_t2#ixzz1voFVhLBd





RE: Internet Law and Privacy - Eat Shit And Die - 05-24-2012

Thx


RE: Internet Law and Privacy - IMaDick - 05-24-2012

Why don't these fucks do something useful like blocking content from reaching the shores of our great nation from some asshole from some fucking shire from some asshole country in the UK?

We can get emails from some Nigerian trying to steal from us but you can't tell someone to fuck off without giving your name and address in a country with free speech as a way of life?

Fuck that.


RE: Internet Law and Privacy - Jimbone - 05-24-2012

This is nonsense. Should it pass, it will be overturned. As the article pointed out, anonymous free speech is still free speech and deserves protection.

Besides, someone can set up a fake name and run through a proxy to hide their IP. It would be a toothless law.


RE: Internet Law and Privacy - ramseycat - 05-24-2012

Leave it to NY to waste money on this nonsense but they can't ever pass a budget on time.


RE: Internet Law and Privacy - Lady Cop - 05-24-2012

i don't believe it will fly either. i think AZ is doing something similar, maybe other states too.

quote:
Being obnoxious on the Internet may soon cease to be a fundamental right in Arizona, where lawmakers approved a measure that effectively makes trolling illegal.

As Gizmodo reports, Arizona House Bill 2549 passed both legislative houses last week and awaits approval by Governor Jan Brewer. It states:

It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use ANY 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.


Read more: http://techland.time.com/2012/04/03/arizona-looks-to-outlaw-internet-trolling/#ixzz1voVrzQM1


can you imagine the chilling effect on all the forums out there if admin had to give up names, addresses etc.?



RE: Internet Law and Privacy - username - 05-24-2012

WTF, it passed the both houses there? Sterling is fucked!


RE: Internet Law and Privacy - Middle Finger - 05-24-2012

This would certainly change things. Expect an immediate black market for devices that create false identities.


RE: Internet Law and Privacy - IMaDick - 05-24-2012

it's not that fucking difficult to have your site hosted in a state that doesn't have stupid laws covering that shit.


RE: Internet Law and Privacy - ramseycat - 05-24-2012

If we could not longer be obnoxious on the internet, what would happen to Mock??? That's part of the appeal of this place. We can be serious, bitchy, dickley, goofy, and obnoxious as the mood dictates.


RE: Internet Law and Privacy - JsMom - 05-24-2012

That is some bullshit! If you can't take the heat...Get the fuck out. I would never want to know someones PI even if I was told to fuck off. That's ridiculous! :gah:


RE: Internet Law and Privacy - Jimbone - 05-24-2012

(05-24-2012, 02:42 PM)Middle Finger Wrote: This would certainly change things. Expect an immediate black market for devices that create false identities.

Oh, that market already exists. In spades.


RE: Internet Law and Privacy - crash - 05-24-2012

(05-24-2012, 01:36 PM)Lady Cop Wrote: The bill would require a web administrator to “upon request remove any comments posted on his or her web site by an anonymous poster unless such anonymous poster agrees to attach his or her name to the post and confirms that his or her IP address, legal name, and home address are accurate.”

And meanwhile overnight, membership to the social networking site, Facebook, dropped remarkably from four billion users to thirty three...




RE: Internet Law and Privacy - cladking - 05-24-2012

I suppose the next thing is you aren't allowed to talk to a pretty woman in the grocery store unless you're wearing a name tag with your address and phone number on it.

Hey wait a minute. If everyone is wearing a phone number it will be lots easier to stalk them.

I'z fer it.