06, you're to be commended for being clear and honest about whether you're a lawyer or not. Limestone was just telling me the other day about scam artists who try to shake down businesses by purporting to be lawyers and making allegations.
When the time comes, I will retain council for the emotional stress caused by goEMAW.com's rampant poster intimidation. Subpoenas all around.
06, while it is easy for you to say it is "fair game," the law begs to differ. A federal law was passed stating that when a user determines to "annoy" someone on the Internet, he or she must disclose his or her identity. The relevant language of the law states:
"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."
The new law rewrites existing telephone harassment law to prohibit anyone from using the Internet "without disclosing his identity and with intent to annoy."
According to a California appeals court that upheld a decision from a lower court, allowing a hate crimes and defamation suit to continue, online acts of cyber-bullying are not protected free speech. The case dates back to 2005, when a then 15-year-old student at a private high school in Los Angeles launched a personal Web page to promote his pursuit of a film and singing career and was subject to numerous incidents of online abuse, ridicule, and harassment.
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