Well, it doesn’t matter under federal law because you know who I am

A new federal law states that when you annoy someone on the Internet, you must disclose your identity. 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.”

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.”

That sounds rather broad to me, and it will certainly be narrowed by the courts. The question does not end with the statute, though – the “annoy” aspect of the statute, the one most likely to be violated and used as a tool to respond to unwanted criticism, will have to be balanced with the requirements of the First Amendment. Ultimately, it will likely be proven unenforceable. So you guys out there who are anonymously annoying, don’t sweat too much (yet). The delightfully annoying and anonymous SayUncle responds

So, this blog breaks the law because I’m sure I annoy someone. The definitions of annoy, etc. may get me into trouble. I ain’t stopping. Come and get me.

You’ve got free legal representation right here if you need it.