# BBQ Pit illegal now? It's now illegal to "annoy" over the internet anonymously **URL:** \ **Category:** The BBQ Pit\ **Created:** [January 9, 2006, 8:06pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205 "2006-01-09T20:06:35Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\ **Post date:** [January 9, 2006, 8:06pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/1 "2006-01-09T20:06:35Z")
[http://news.com.com/Create%20an%20e-annoyance%2C%20go%20to%20jail/2010-1028\_3-6022491.html?tag=techdirt](http://news.com.com/Create%20an%20e-annoyance%2C%20go%20to%20jail/2010-1028_3-6022491.html?tag=techdirt) > [@](#): > > Buried deep in the new law is Sec. 113, an innocuously titled bit called “Preventing Cyberstalking.” It rewrites existing telephone harassment law to prohibit anyone from using the Internet “without disclosing his identity and with intent to annoy.” > [@](#): > > Here’s the relevant language. > > “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.” That kinda puts the BBQ Pit out of business, doesn’t it? Unless we change our usernames to our real names. ---
**Author:** ![Q.E.D](https://avatars.discourse-cdn.com/v4/letter/q/51bf81/32.png) [@Q.E.D](https://boards.straightdope.com/u/Q.E.D)\ **Post date:** [January 9, 2006, 8:13pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/2 "2006-01-09T20:13:06Z")
This won’t stand up to Supreme Court scrutiny, I’ll wager. The term “annoy” is far too vague–any sort of complaint is bound to annoy _somebody_. Seems to me an excellent case could be made for this law being violative of First Amendment rights. It’ll be interesting to see the first test case. And just in case they wanna test it on _me_: Fuck you up the ass, George W. Bush! ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [January 9, 2006, 8:14pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/3 "2006-01-09T20:14:31Z")
> [@Revtim](#): > > Unless we change our usernames to our real names. Done. That’s, umm… worrisome, to say the least. ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [January 9, 2006, 8:15pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/4 "2006-01-09T20:15:23Z")
Given that it’s a US law, it’s subject to the First Amendment. So either it’s going to be unconstitutional, or it’s going to be read down considerably, and not cover a lot of what goes on in Internet message boards, but only cover intentional harrasment of individuals by stalkers. ---
**Author:** ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)\ **Post date:** [January 9, 2006, 8:16pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/5 "2006-01-09T20:16:16Z")
At least in regards to the Pit, I’m pretty sure the Reader has the real names of everyone who’s paid for a membership, so we should be okay on that count. Still, really dumb law that probably won’t stand up to its first legal challenge. ---
**Author:** ![lonesome\_loser](https://avatars.discourse-cdn.com/v4/letter/l/c68b51/32.png) [@lonesome\_loser](https://boards.straightdope.com/u/lonesome_loser)\ **Post date:** [January 9, 2006, 8:17pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/6 "2006-01-09T20:17:16Z")
It won’t stand up to constitutional scrutiny. Nor should it. ---
**Author:** ![Uncommon\_Sense](https://avatars.discourse-cdn.com/v4/letter/u/f9ae1b/32.png) [@Uncommon\_Sense](https://boards.straightdope.com/u/Uncommon_Sense)\ **Post date:** [January 9, 2006, 8:22pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/7 "2006-01-09T20:22:14Z")
> [@Revtim](#): > > [http://news.com.com/Create%20an%20e-annoyance%2C%20go%20to%20jail/2010-1028\_3-6022491.html?tag=techdirtThat](http://news.com.com/Create%20an%20e-annoyance%2C%20go%20to%20jail/2010-1028_3-6022491.html?tag=techdirtThat) kinda puts the BBQ Pit out of business, doesn’t it? Unless we change our usernames to our real names. See, I think the problem with your theory is, I don’t know who the fuck you are either. You don’t know me, I don’t know you. How can I be ‘annoying’ _you_ when I don’t know who _you_ are? I may be annoying a group of electrons that have arranged themselves in the form of **Revtim** , but that is all I know about you. I think in order for this to have any teeth, the stalker has to have some personal information and is using/taking advantage of such info. As it stands most people on message boards are as annonymous to each other as two leaves in a forest. ---
**Author:** ![Q.E.D](https://avatars.discourse-cdn.com/v4/letter/q/51bf81/32.png) [@Q.E.D](https://boards.straightdope.com/u/Q.E.D)\ **Post date:** [January 9, 2006, 8:23pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/8 "2006-01-09T20:23:52Z")
> [@Miller](#): > > At least in regards to the Pit, I’m pretty sure the Reader has the real names of everyone who’s paid for a membership… Not entirely true. First of all, I’m not sure it’s accurate to say that they have our information, just because we gave it when we paid up. I don’t think they keep those records–when I needed an adjustment due to an error, I had to give the relevant information to Jerry all over again. Secondly, a number of members have been paid by others, so even if the above is incorrect the information on file for these members does not correspond to their real identity. Thirdly, guests can still post for thirty days, during which time there would be no identity on file, even assuming such records are, in fact, kept. Finally, even if the Reader _does_ keep such records for direct CC payments, those who paid via PayPal would not have their identities so recorded. ---
**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\ **Post date:** [January 9, 2006, 8:23pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/9 "2006-01-09T20:23:57Z")
> [@Miller](#): > > At least in regards to the Pit, I’m pretty sure the Reader has the real names of everyone who’s paid for a membership, so we should be okay on that count. I wondered about that too. I suspected it might not be OK, because the users are anonymous to the targets of “annoyance”, the other users. IANAL, that’s just a wag. Ignoring the fact that the law will hopefully be struck down as being unconstitutional, can any Doper lawyers elaborate on this anonymity issue as it pertains to the Straight Dope Message Board? Is Miller correct that the fact that the SD knows the real names enough to get around this law? ---
**Author:** ![Ponder\_Stibbons](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ponder_stibbons/32/343_2.png) [@Ponder\_Stibbons](https://boards.straightdope.com/u/Ponder_Stibbons)\ **Post date:** [January 9, 2006, 8:24pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/10 "2006-01-09T20:24:41Z")
Under this theory, wouldn’t this shut down something like 95% of the internet? ---
**Author:** ![Homebrew](https://avatars.discourse-cdn.com/v4/letter/h/c89c15/32.png) [@Homebrew](https://boards.straightdope.com/u/Homebrew)\ **Post date:** [January 9, 2006, 8:25pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/11 "2006-01-09T20:25:44Z")
> [@Q.E.D.](#): > > Fuck you up the ass, George W. Bush! I despise Bush as much as the next guy; but Congress passed this. Bush just signed this as a rider on an DOJ bill. ---
**Author:** ![Q.E.D](https://avatars.discourse-cdn.com/v4/letter/q/51bf81/32.png) [@Q.E.D](https://boards.straightdope.com/u/Q.E.D)\ **Post date:** [January 9, 2006, 8:32pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/12 "2006-01-09T20:32:17Z")
> [@Homebrew](#): > > I despise Bush as much as the next guy; but Congress passed this. Bush just signed this as a rider on an DOJ bill. You misunderstand. That wasn’t a “fuck you” specifically for this, it was a general “fuck you” for everything he’s ever screwed up, directly intended to annoy him should he actually read it. 😉 ---
**Author:** ![ivylass](https://avatars.discourse-cdn.com/v4/letter/i/9de053/32.png) [@ivylass](https://boards.straightdope.com/u/ivylass)\ **Post date:** [January 9, 2006, 8:34pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/13 "2006-01-09T20:34:03Z")
> [@Uncommon Sense](#): > > See, I think the problem with your theory is, I don’t know who the fuck you are either. You don’t know me, I don’t know you. How can I be ‘annoying’ _you_ when I don’t know who _you_ are? I may be annoying a group of electrons that have arranged themselves in the form of **Revtim** , but that is all I know about you. > > I think in order for this to have any teeth, the stalker has to have some personal information and is using/taking advantage of such info. As it stands most people on message boards are as annonymous to each other as two leaves in a forest. I think this is correct. The term is cyberstalking, using the internet to harass an individual. I don’t think postings on a message board count. ---
**Author:** ![Faruiza](https://avatars.discourse-cdn.com/v4/letter/f/ecd19e/32.png) [@Faruiza](https://boards.straightdope.com/u/Faruiza)\ **Post date:** [January 9, 2006, 8:34pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/14 "2006-01-09T20:34:46Z")
Frank?! Who the fuck is Frank?! I’m annoyed! 😃 ---
**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\ **Post date:** [January 9, 2006, 8:36pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/15 "2006-01-09T20:36:34Z")
Question-could we argue that the Pit’s intent is to _insult_, rather than “harass” or “annoy”? 😉 ---
**Author:** ![Revtim](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/revtim/32/1042_2.png) [@Revtim](https://boards.straightdope.com/u/Revtim)\ **Post date:** [January 9, 2006, 8:42pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/16 "2006-01-09T20:42:40Z")
The law also prohibits anonymous “abuse”, which in retrospect I think might fit the pit more than “annoy”! ---
**Author:** ![Giraffe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giraffe/32/129_2.png) [@Giraffe](https://boards.straightdope.com/u/Giraffe)\ **Post date:** [January 9, 2006, 9:37pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/17 "2006-01-09T21:37:02Z")
So, basically, Congress just moved the Internet to MPSIMS? Efficient. ---
**Author:** ![Rico](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rico/32/3582_2.png) [@Rico](https://boards.straightdope.com/u/Rico)\ **Post date:** [January 9, 2006, 9:46pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/18 "2006-01-09T21:46:48Z")
And will GQ stand for “Government Queries?” ---
**Author:** ![JohnBckWLD](https://avatars.discourse-cdn.com/v4/letter/j/d6d6ee/32.png) [@JohnBckWLD](https://boards.straightdope.com/u/JohnBckWLD)\ **Post date:** [January 9, 2006, 10:11pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/19 "2006-01-09T22:11:07Z")
Taking a cue from **«Ðëëp¤F®ïêd»™** : Why not something healthier, like **«Ö¥êńβŗőĬĻĕď»™**? ---
**Author:** ![JohnBckWLD](https://avatars.discourse-cdn.com/v4/letter/j/d6d6ee/32.png) [@JohnBckWLD](https://boards.straightdope.com/u/JohnBckWLD)\ **Post date:** [January 9, 2006, 10:13pm UTC](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205/20 "2006-01-09T22:13:27Z")
Oops, speaking of moving to MPSIMS, wrong thread. Now onto your regulary scheduled rant. [Next page](https://boards.straightdope.com/t/bbq-pit-illegal-now-its-now-illegal-to-annoy-over-the-internet-anonymously/339205.md?page=2)