Law prof Eugene Volokh blogs about a U.S. House of Representatives bill proposed by Rep. Linda T. Sanchez and 14 others that could make it a federal felony to use your blog, social media like MySpace and Facebook, or any other web media “To Cause Substantial Emotional Distress Through “Severe, Repeated, and Hostile” Speech.” Oh lordy, there goes 4chan.
Here’s the relevant text:
Whoever transmits in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior, shall be fined under this title or imprisoned not more than two years, or both….
["Communication"] means the electronic transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received; …
["Electronic means"] means any equipment dependent on electrical power to access an information service, including email, instant messaging, blogs, websites, telephones, and text messages.
Sources: BoingBoing.net, Volokh.com
Here’s the bill in its full context.
Megan Meier Cyberbullying Prevention Act (Introduced in House)
HR 1966 IH111th CONGRESS
1st SessionH. R. 1966
To amend title 18, United States Code, with respect to cyberbullying.IN THE HOUSE OF REPRESENTATIVES
April 2, 2009
Ms. LINDA T. SANCHEZ of California (for herself, Ms. KAPTUR, Mr. YARMUTH, Ms. ROYBAL-ALLARD, Mrs. CAPPS, Mr. BISHOP of New York, Mr. BRALEY of Iowa, Mr. GRIJALVA, Mr. HARE, Mr. HIGGINS, Mr. CLAY, Mr. SARBANES, Mr. DAVIS of Illinois, Mr. COURTNEY, and Mr. KIRK) introduced the following bill; which was referred to the Committee on the JudiciaryA BILL
To amend title 18, United States Code, with respect to cyberbullying.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Megan Meier Cyberbullying Prevention Act’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Four out of five of United States children aged 2 to 17 live in a home where either they or their parents access the Internet.
(2) Youth who create Internet content and use social networking sites are more likely to be targets of cyberbullying.
(3) Electronic communications provide anonymity to the perpetrator and the potential for widespread public distribution, potentially making them severely dangerous and cruel to youth.
(4) Online victimizations are associated with emotional distress and other psychological problems, including depression.
(5) Cyberbullying can cause psychological harm, including depression; negatively impact academic performance, safety, and the well-being of children in school; force children to change schools; and in some cases lead to extreme violent behavior, including murder and suicide.
(6) Sixty percent of mental health professionals who responded to the Survey of Internet Mental Health Issues report having treated at least one patient with a problematic Internet experience in the previous five years; 54 percent of these clients were 18 years of age or younger.SEC. 3. CYBERBULLYING.
(a) In General- Chapter 41 of title 18, United States Code, is amended by adding at the end the following:
Sec. 881. Cyberbullying(a) Whoever transmits in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior, shall be fined under this title or imprisoned not more than two years, or both.
(b) As used in this section–
(1) the term ‘communication’ means the electronic transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received; and
(2) the term `electronic means’ means any equipment dependent on electrical power to access an information service, including email, instant messaging, blogs, websites, telephones, and text messages.’.
(b) Clerical Amendment- The table of sections at the beginning of chapter 41 of title 18, United States Code, is amended by adding at the end the following new item:
881. Cyberbullying.’.
Source: H.R. 1966.
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.
I bet the bill is to shut up the mouthes of the whistleblowers, victims of organized crimes, or things that is not favorable for the government. If the law enforcement cannot take the evidences of crimes, people can use media for the exposure. Now, this freedom is threatened by the government. Isn’t it the way how the reporters can be jailed due to hurting the feeling of criminals? Another issue is what if someone hacked a blog or website and put unfavorable things. You never know what’s in your past blog entries if a hacker added something else. There is no way to check the entire blog for the blogers posing over years. The bill was suggested without much consideration. Is it to protect the CIA agents working at SJSU? I exposed too much and now Dr. English-Lueck might be in trouble for what she had done.
I posted the information of gang stalkers including their use of Neurolinguistic Programming, stalking, death threat, theft attempt, etc. The local enforcement is backing up them and tried to ignore filing the damage. Will the law protect the criminals like these if the bill is a favor for the FBI?
Rep. Linda Sanchez is Hitler.
I wonder if this will become illegal: Sanchez, you whore, you criminal, back off our 1st Amendment. Listen you monster, free speech will not be stifled, and we will resort to the 2nd Amendment if we must to protect our free speech.
You disgusting whore, you make me sick.
Interesting way to curb free speech. Who will decide when speech is hateful?
Rob, why would you quote the constitution? They don’t follow that piece of paper anymore. Except the part about giving themselves powers. They still kinda do that.
Finally!!!
It’s so obnoxious to have to just ignore what I don’t want to hear or close a browser. Now I can get myself all worked up and shirk any responsibility for my life being a result of my decisions, thoughts, and actions!!!
(Now all I need is a feed bag and a diaper and I’ll be all set to go. Fuck yeah!)