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January 09, 2006

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» New VAWA "Annoying" Clause is Indeed Annoying -- But Not to Blogs from A Stitch in Haste
The libertarian wing of the Blogosphere is very much abuzz about this report regarding an extension to the Violence Against Women Act to cyberspace:[Read More]

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Well that's the most god damned dumbass thing I've ever heard. It's gonna force Ridor off the internet.

No - Ridor is not anonymous.

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Two thouhts:

1) These people have your best interests at heart, and they know what's good for you.

2) No threats of physical violence? What are you, some sort of tree-hugging hippie?

Are we there yet?

You think that's annoying? This is annoying.

Well that's true DL, he isn't anonymous. Annoying, yes, anonymous no.

How are annoying non-US posters to be dealt with? A special eGuantanamo eBay perhaps?

Oh, it's not like this administration has ever felt constrained by international treaties or sovereignity of other nations :)

Orin Kerr fisks this one at VC. First Amendment trumps it.

http://volokh.com/archives/archive_2006_01_08-2006_01_14.shtml#1136873535

PS. Are we there yet! (Thanks Chad)

PPS. Did... you... get... that... thing..... I..... sent...you???

Harvey Birdman ref... nice :)

What I want to know is who the hell wrote this thing? My money's on some dessicated old fool who's only recently figured out how to use his 'telephonic device'.

Instapundit has an interesting update on this tempest in a teapot: "Orin Kerr, posting at 1:12 A.M., parses the statute and informs us that Declan is wrong. "It looks funny if you don't know the relevant caselaw, but in practice it simply takes the telephone harassment statute we've had for decades and applies it to the Internet." It's aimed at VOIP, apparently."

Hmmm, good point.....although I question its applicability there, since even VoIP calls usually have to go through standard phone lines at some point to complete the call (if you're calling a non-VoIP phone). I could definitely see it being applied to things like Instant Messenger.

this is all way above my head technically-speaking, but the provocative nature of the explanations I've been reading leads me to believe that we may be blowing this out of proportion a bit. regulating the internet is an exercise akin to the old line about herding cats. it is a medium of infinite possibilities and very few restrictions that can't be worked around somehow. that's what makes it such a powerful anti-totalitarian tool across the globe.

so my response to Hatch and other would-be nannies on Capital Hill would be: good luck.

I figured this was the origination of the law (preventing phone harrassment). I still think it's a stupid law. It sorta makes sense to prevent harrassing phone calls: picking up a phone and hearing somebody prank you is relatively invasive. Ignoring an obnoxious email's a little easier to handle. I know it's fundamentally the same thing, but I'd prefer to err in favor of the first amendment here.

I agree, Dan. Erring on the side of liberty over regulation is a classically libertarian mindset, and one that is rarely seen within the confines of the Beltway.

Volokh has the most complete exegesis of this, natch: http://volokh.com/archives/archive_2006_01_08-2006_01_14.shtml#1136923654

GayPatriot wants to sick his $500 lawyer on me. So just so I don't "annoy" them risking jail time, I've posted my response on my own blog.

Well, first off, Bob, let's start by pointing out that your latest post shows quite well the fact that your research department needs to be sacked.

Second off, you forget that you advertise the fact that your sole online reason for existence is to annoy GayPatriot.

Given that, it IS obvious that GP's $500/hr lawyer would make hash of you. But knowing GP, I doubt he thinks you're worth the bother of spending $4.17 to make you go away.

Bitter much ND30? It seems to suit you though.

LOL....and there, ladies and gentlemen, is an example of the pot calling the kettle chartreuse. =)

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