Cyber Bully Bill Could Pose a Threat to Anyone on the Internet

In what is an all-to-frequent occurrence, while trying to deal with one incident the Dems have managed to wildly overdo their response and have created legislation that could put every internet user at risk. Here's more from Wired:

Proposed congressional legislation would demand up to two years in prison for those whose electronic speech is meant to “coerce, intimidate, harass, or cause substantial emotional distress to a person.”

Instead of prison, perhaps we should say gulag.

The proposal by Rep. Linda Sanchez, D-Los Angeles, would never pass First Amendment muster, unless the U.S. Constitution was altered without us knowing. So Sanchez, and the 14 other lawmakers who signed on to the proposal, are grandstanding to show the public they care about children and are opposed to cyberbullying.

The meaasure, H.R. 1966, is labeled the Megan Meier Cyberbullying Prevention Act. It’s designed to target the behavior that led to last year’s suicide of the 13-year-old Meier.

In response to Meier’s suicide, prosecutors turned to an anti-hacking statute, the Computer Fraud and Abuse Act, and prosecuted Lori Drew. She was accused of violating MySpace’s terms of service agreement in what prosecutors said was a complex conspiracy to harass Meier via a fake MySpace online profile.

The judge presiding over the case is weighing a motion to nullify the jury’s verdict on allegations the authorities failed to prove Drew knew the MySpace terms of service existed — allegations that would be mooted had Drew been prosecuted under Sanchez’s proposal. Drew’s case was the nation’s first cyberbullying prosecution under the Computer Fraud and Abuse Act.

Sanchez’s bill goes way beyond cyberbullying and comes close to making it a federal offense to log onto the internet or use the telephone. The methods of communication where hostile speech is banned include e-mail, instant messaging, blogs, websites, telephones and text messages.

We can’t say what we think of Sanchez’s proposal. Doing so would clearly get us two years in solitary confinement.

The bill has been referred to the House Judiciary Committee.

While the case involved was tragic, overreaction would also be tragic. The problem with legislation like this is it leaves an awful lot to subjective judgment. Things that might cause "emotional distress to a person" could range from a snide comment to outright libel. This law could be used to go after blogs or other internet sites that hold politically incorrect views (like this one) because some posting might cause "emotional distress".

If this should end up becoming law I can't imagine it surviving its first legal challenge, but why take the chance? It should be stopped now and if you wish you can sign an online petition here.