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Law could prevent online stalking

January 26, 2006

A new law prohibits a person from annoying or harassing someone else online without disclosing their identity.

The law, intended to prevent cyberstalking, is causing some to worry it will limit freedom of speech online because of its vague wording and difficulty of enforcement.

The law extends an existing telephone harassment law and is part of the Violence Against Women Act. Offenders could face fines and up to two years in prison.

"If you (wrote something online) with intent partially to annoy and partially to inform, that creates real gray areas and problems, especially when you're talking about a medium like the Internet," said Sherwin Siy, an attorney with the Electronic Privacy Information Center in Washington, D.C.

Siy said whether or not the law obstructs freedom of speech depends on if someone uses this law in court to "prevent stalking of some sort or stifle speech."

Beth Givens, director of the Privacy Rights Clearinghouse said this is a good step because often stalkers will use anonymous e-mails to harass victims.

Matt Gerber, computer science graduate student, said he wants to know who will define "harassment" and "annoying."

What constitutes annoying or harassing behavior under the law is unknown.

"Regardless of the laws, people will always find anonymous ways to send e-mails," computer science junior Tim Wall said. "The enforcement of (the law) would be difficult."

Wendy Wagenheim, spokeswoman for the American Civil Liberties Union in Michigan, agreed with him.

"It's going to be very difficult to enforce because so much e-mail comes from out of the country," Wagenheim said. "We hate annoying e-mails, but I don't know how they would enforce it."

Social work graduate student Betsy Olds said the law would be beneficial, but if people will be punished for voicing opinions, it's taking away rights.

Siy said he hopes the law doesn't restrain freedom of speech.

"The law places a stigma on anonymous communications," she said.

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