On 2005-08-03 12:59:00, Anonymous wrote:
"In that last re-post of Karen Austins' info you knew enough to have xxx'ed out part of the phone number---that shows you are learning that you can't go around transmitting other people's info falsely.
Listen, it doesn't make any difference if there are lots of question marks or the way the original anon poster tried to be clever in how it was phrased: this, in the law, is just trying to "veil" his intent.
Any reasonable person on a jury who saw that post would conclude that the anon's intent (which is what matters here) was to make angry people call that number: hence he would be screwed because he was taking action to bring harassment to an innocent person.
"
You people are tripping. I can tell you, from first-hand knowledge, that a case like this will never be brought by a prosecutor.
I've been stalked and harassed DIRECTLY. I've had emails sent to me containing death threats. I've had my personal information put out on the web, even on sites maintained by the perpetrator.
The newest and latest laws simply don't cover this kind of behavior, and likely won't in the future. Also, the burden of proof is so high that you just won't make a case.
I'm an information technologist and when I thought I REALLY HAD THE GOODS, including IP addresses and MAC adresses, along with ISP trace logs, it took the DA about 30 seconds to tell me to forget about about it. I've been pursuing the case for OVER TWO YEARS and haven't yet gotten any resolution.
New laws regarding the tort side of things have been RELAXED, not strengthened. One's first amendment right allows them to post their thoughts about anyone, good, bad or ugly. As long as it's just their opinion, you have no recourse. Just have a look at what's posted all over the net about George Bush, the most powerful man on earth. There's not been even a single case brought, much less won.
Aside form those facts, I believe this website is hosted in Canada. Good luck getting an international subpeona honored for what, at the VERY BEST, would be a class E misdemeanor, and damn near impossible to prove to boot.
In addition, if the offensive poster doesn't live in your state, then you have no recourse whatsoever at the state level.
You say that if "angry" callers contacted the person whose number was posted that the poster would be on the hook for "harassment." That's not true. It could only be considered "aggravated harassment" if and ONLY IF the person who was called had reasonable fear for his or her PHYSICAL SAFETY. No jury will ever hear this case anyway, so even that's moot.
Ask yourself this: What federal prosecutor is going to try an interstate/international case of what amounts to a pissing contest?
Your name and phone number are listed in the directory and that's public domain. Any information you revealed about your particulars on the internet, intentionally or not, is also public domain.
Please, give it a rest. You're not going to sue anyone. The cops aren't going to arrest anyone. You're just a blowhard who feels like you can push people around with "legalese."
It makes you feel weak that you were so thoroughly obliterated by an "angry teen" that you've gone into la-la land looking simply to control the dialogue. Good luck with that...
