Arizona tries to ban trolling

[Panzersharkcat]

Link.

One of the Internet's basic tenets—the right to be as much of a myopic, infantile asshat as humanly possible—is currently under attack in Arizona. A sweeping update to the state's telecommunications harrasment bill could make naughty, angry words a Class 1 misdemeanor. Or worse.

It's a dangerous precedent, yet another bill written and supported by legislators who fundamentally don't understand the nature of the internet. And I'm not just being a, well, you know.

Arizona House Bill 2549 passed both legislative houses last Thursday and is now awaiting approval from Arizona's governor Brewer. The statute states that:

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

Emphasis added. If the electronic devices and means are employed to stalk a victim, the penalty bumps up to a Class 3 felony.

For those not intimately familiar with Arizona penal law, a Class 1 misdemeanor is punishable by a $2,500 fine and up to six months in jail (it's the most aggressive misdemeanor charge the state can bring). A Class 3 felony, meanwhile, carries a minimum sentence of 2.5 years for non-dangerous offenders with no prior record. And a max of 25 years in jail.

Opponents of the bill argue that the wording is overly broad and could easily be interpreted to include not just one-on-one communications but public forums like 4Chan, Reddit, and anywhere else that allows commenting. You thought the banhammer was bad? Try handcuffs.

It could also have a chilling effect on free speech by prohibiting shocking or "profane" language online. And since the bill stipulates that the offense only has to occur on Arizona soil (since a Facebook comment is definitely a geographic place, right?) that basically puts the entire Internet on notice.

The bill's supporters argue that the steps are necessary to prevent online bullying. Despite the public outcry, the bill has seen very little resistance from elected officials. However, given how well Arizona's other recent, short-lived, and generally draconian propositions—-including its racial profiling, anti-gay adoption, and anti-immigration bills—-have fared, House Bill 2549 might not be a law for long, assuming Governor Brewer even signs it.

In the mean time, feel free to leave your thoughts on the matter on Brewer's Facebook page. You know, while it's still legal. [Arizona State House of Reps via CBLDF]

Yay for more bills from old foagies who don't understand computers.

[Eulogy]

What, exactly, would "understanding computers" change here?

It would mean that said foagies would realize how futile such a law would be, and stifling free speech is not remotely worth it?

I mean, for example, how are they going to enforce this law on people who don't live in Arizona? Or, how about going to the bother of trying to track down someone who trolls from a McDonald's using their free WiFi?

[Solauren]

I mean, for example, how are they going to enforce this law on people who don't live in Arizona?

Probably with a massive fine via trial in absentia, and then selling the debt to a collection agency.

Or, how about going to the bother of trying to track down someone who trolls from a McDonald's using their free WiFi?

The probably think it's possible. Most McDonalds (as an example) have some form of video surviallance. That does create a suspect list. Of course, any criminal investigation unit will laugh in their face.

[Terralthra]

I mean, for example, how are they going to enforce this law on people who don't live in Arizona?

Probably with a massive fine via trial in absentia, and then selling the debt to a collection agency.

Trials in absentia are illegal in the United States. The right of a defendant to be physically present at a trial in all stages is guaranteed by the fifth, sixth, and fourteenth amendments, with few exceptions, none of which apply.

[Eulogy]

Leaving aside the legality of trials in absentia...

Probably with a massive fine via trial in absentia, and then selling the debt to a collection agency.

So if someone in Wisconsin is charged with the "crime" of trolling somebody in Arizona, the police are going to fine an out of state citizen and get a company to pay the police for the privilege of hunting down this person who doesn't even live in Arizona, and try to extort money from him. Do you not realize how stupid this sounds?

The probably think it's possible. Most McDonalds (as an example) have some form of video surviallance. That does create a suspect list. Of course, any criminal investigation unit will laugh in their face.

For all our hypothetical McDonald's knows, that trolling could have come from somebody texting with their cell phone, and the presence of the guy with the laptop using the free WiFI is just a coincidence and a red herring. Or he could be telling his friend in Wisconsin to start trolling this other guy he hates, simply to circumvent this stupid law.

This is assuming the hypothetical McDonald's knows or cares about the trolling, or that the "victim" of the trolling reports it.

[Lord of the Abyss]

Leaving aside the legality of trials in absentia...

Probably with a massive fine via trial in absentia, and then selling the debt to a collection agency.

So if someone in Wisconsin is charged with the "crime" of trolling somebody in Arizona, the police are going to fine an out of state citizen and get a company to pay the police for the privilege of hunting down this person who doesn't even live in Arizona, and try to extort money from him. Do you not realize how stupid this sounds?

I've heard of similar things happening with porn sites. Someone running a BDSM site (especially BDSM sites for some reason) gets accused of "obscenity" and hauled halfway across the country, tried & convicted, then fined or jailed.

[noncredible]

I think that if this passes, there will be a new sport on Reddit, 4chan, etc: insulting Arizonians as much as possible, just because they can't retaliate.

[Simon_Jester]

The "to annoy or offend" thing is going to fall afoul of First Amendment rights.

It's one thing to ban threats of violence over the Internet, because that's illegal speech in any other arena too. But trying to make it against the law to curse at someone with intent to "annoy or offend" isn't going to fly.

[Eulogy]

I've heard of similar things happening with porn sites. Someone running a BDSM site (especially BDSM sites for some reason) gets accused of "obscenity" and hauled halfway across the country, tried & convicted, then fined or jailed.

Evidence of this happening?

[Skgoa]

The "to annoy or offend" thing is going to fall afoul of First Amendment rights.

It's one thing to ban threats of violence over the Internet, because that's illegal speech in any other arena too. But trying to make it against the law to curse at someone with intent to "annoy or offend" isn't going to fly.

Wait, does this mean tha in america I can go to your house and yell obscenities at you and you can't stop me?

[madd0ct0r]

you can go to a funeral and yell obscenities at the mourners. yes

[Simon_Jester]

I can kick you out of my house for trespassing. I just can't kick you out of public property.

Although there are such things as public nuisance laws, they're restricted in what they cover.

[Akhlut]

Wait, does this mean tha in america I can go to your house and yell obscenities at you and you can't stop me?

The American Nazi Party was able to hold a parade in a mostly Jewish neighborhood.

Now, like Simon mentioned, you can't just break other laws in order to yell "THUNDERCUNTS AND SHITTING DICK NIPPLES!" at someone in their own house, but in areas where just yelling that stuff alone doesn't violate any statutes, then it's perfectly find and dandy.

[Ariphaos]

I've heard of similar things happening with porn sites. Someone running a BDSM site (especially BDSM sites for some reason) gets accused of "obscenity" and hauled halfway across the country, tried & convicted, then fined or jailed.

This only works if they sell an object that gets mailed to the target jurisdiction. Polk County Florida is famous for this, but it doesn't magically work just because someone posted something somewhere on the Internet.