Technology Talk
Texas goes after blog commenters
By: Anthony Valva
Issue date: 10/2/09 Section: Views
Austin Police Chief Art Aceved is tired of the internet, specifically when people pretend to be him.
Bloggers have been signing up on forums under Aceved's name and have been posting sexual, and violent comments about what he "does each day."
Aceved has had enough and plans to persecute and prosecute these bloggers.
This might seem harsh, but as of Sept. 1, a Texas law states that you cannot "use another person's name to post messages on a social-networking site without their permission and with the intent to harm, defraud, intimidate or threaten."
This is considered a third-degree felony.
To make a comparison, a third degree-felony can be drug possession, driving under the influence, child molestation, arson, transmission of pornography, embezzlement, theft and fraud.
Punishment in Texas for a third-degree felony is (a) imprisonment for not more than 10 years or less than 2 years and (b) in addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.
Now I don't exactly agree with this line of thinking.
I've been an avid internet user for well over 10 years now, and there are just a few things you have to learn about the 'nets.
1) You cannot ever express your anger.
Whoever is bothering you will just use that in a Photoshop or something.
2) You cannot ever catch someone who uses the internet.
If I just bashed a politician at my home computer all day, you cannot arrest me because it is freedom of speech.
3) If you are a high profile person, someone will pretend they are you.
Ask them to take it down, but do not threaten them (See rule #1)
That's it.
Trying to catch internet users would be like trying to nail Jello to the wall.
Bloggers have been signing up on forums under Aceved's name and have been posting sexual, and violent comments about what he "does each day."
Aceved has had enough and plans to persecute and prosecute these bloggers.
This might seem harsh, but as of Sept. 1, a Texas law states that you cannot "use another person's name to post messages on a social-networking site without their permission and with the intent to harm, defraud, intimidate or threaten."
This is considered a third-degree felony.
To make a comparison, a third degree-felony can be drug possession, driving under the influence, child molestation, arson, transmission of pornography, embezzlement, theft and fraud.
Punishment in Texas for a third-degree felony is (a) imprisonment for not more than 10 years or less than 2 years and (b) in addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.
Now I don't exactly agree with this line of thinking.
I've been an avid internet user for well over 10 years now, and there are just a few things you have to learn about the 'nets.
1) You cannot ever express your anger.
Whoever is bothering you will just use that in a Photoshop or something.
2) You cannot ever catch someone who uses the internet.
If I just bashed a politician at my home computer all day, you cannot arrest me because it is freedom of speech.
3) If you are a high profile person, someone will pretend they are you.
Ask them to take it down, but do not threaten them (See rule #1)
That's it.
Trying to catch internet users would be like trying to nail Jello to the wall.
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