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Trolling Could Get You 25 Years in Jail in Arizona
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Parlay44 Offline
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Trolling Could Get You 25 Years in Jail in Arizona
Trolling Could Get You 25 Years in Jail in Arizona

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One of the Internet's basic tenets—the right to be as much of a myopic, infantile asshat as humanly possible—is currently under attack in Arizona. A sweeping update to the state's telecommunications harrasment bill could make naughty, angry words a Class 1 misdemeanor. Or worse.

It's a dangerous precedent, yet another bill written and supported by legislators who fundamentally don't understand the nature of the internet. And I'm not just being a, well, you know.
Arizona House Bill 2549 passed both legislative houses last Thursday and is now awaiting approval from Arizona's governor Brewer. The statute states that:

"It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a ANY ELECTRONIC OR DIGITAL DEVICE and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person."

Emphasis added. If the electronic devices and means are employed to stalk a victim, the penalty bumps up to a Class 3 felony.

For those not intimately familiar with Arizona penal law, a Class 1 misdemeanor is punishable by a $2,500 fine and up to six months in jail (it's the most aggressive misdemeanor charge the state can bring). A Class 3 felony, meanwhile, carries a minimum sentence of 2.5 years for non-dangerous offenders with no prior record. And a max of 25 years in jail.

Opponents of the bill argue that the wording is overly broad and could easily be interpreted to include not just one-on-one communications but public forums like 4Chan, Reddit, and anywhere else that allows commenting. You thought the banhammer was bad? Try handcuffs.

It could also have a chilling effect on free speech by prohibiting shocking or "profane" language online. And since the bill stipulates that the offense only has to occur on Arizona soil (since a Facebook comment is definitely a geographic place, right?) that basically puts the entire Internet on notice.

The bill's supporters argue that the steps are necessary to prevent online bullying. Despite the public outcry, the bill has seen very little resistance from elected officials. However, given how well Arizona's other recent, short-lived, and generally draconian propositions—-including its racial profiling, anti-gay adoption, and anti-immigration bills—-have fared, House Bill 2549 might not be a law for long, assuming Governor Brewer even signs it.

Team Nachos
04-03-2012 06:06 PM
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Nonpareil Offline
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RE: Trolling Could Get You 25 Years in Jail in Arizona
The Thoughtpolice are coming...
04-03-2012 06:31 PM
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blurb Away
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RE: Trolling Could Get You 25 Years in Jail in Arizona
America really is becoming a police state.

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04-03-2012 07:11 PM
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Gmac Offline
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RE: Trolling Could Get You 25 Years in Jail in Arizona
Another reason to avoid Arizona.

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04-03-2012 09:06 PM
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Timoteo Offline
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RE: Trolling Could Get You 25 Years in Jail in Arizona
"It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a ANY ELECTRONIC OR DIGITAL DEVICE and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person."

Even without the constitutional questions, this law is too broad to apply. One person could very well feel terrified, intimidated, threatened, harrassed, annoyed or offended by something written that isn't profane or overtly threatening. Now Arizona has always been a bit different, but this goes far beyond all reason and rationality.

"The best kind of pride is that which compels a man to do his best when no one is watching."
04-03-2012 09:18 PM
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Screwston Offline
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RE: Trolling Could Get You 25 Years in Jail in Arizona
Troll
04-03-2012 09:41 PM
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All or Nothing Offline
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RE: Trolling Could Get You 25 Years in Jail in Arizona
(04-03-2012 09:06 PM)Gmac Wrote:  Another reason to avoid Arizona.

I live in Arizona, and I take offense to that. This is the wonderful copper state! Can you think of another state that has both arid desert and (somewhat) lush forests? Can you think of another state that has a place like Suncity where it's so heavily populated by old people, that people will drive around on golf carts? I CAN'T!

Also, for the players here, Scottsdale has a wonderful bar scene. I know this is secondhand information, but from what I've heard of from my friend that is 21, Old Towne Scottsdale is an amazing bar scene. Even the club scene in Scottsdale thrives.
04-03-2012 10:03 PM
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Caligula Offline
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RE: Trolling Could Get You 25 Years in Jail in Arizona
(04-03-2012 10:03 PM)All or Nothing Wrote:  
(04-03-2012 09:06 PM)Gmac Wrote:  Another reason to avoid Arizona.

I live in Arizona, and I take offense to that. This is the wonderful copper state! Can you think of another state that has both arid desert and (somewhat) lush forests? Can you think of another state that has a place like Suncity where it's so heavily populated by old people, that people will drive around on golf carts? I CAN'T!

Also, for the players here, Scottsdale has a wonderful bar scene. I know this is secondhand information, but from what I've heard of from my friend that is 21, Old Towne Scottsdale is an amazing bar scene. Even the club scene in Scottsdale thrives.

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04-03-2012 10:09 PM
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Bad Hussar Offline
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RE: Trolling Could Get You 25 Years in Jail in Arizona
What if the law iteslf makes you feel "...terrified, intimidated, threatened, harrassed, annoyed or offended...". Can you then prosecute the lawmakers using their own law for hurting your feelly weelings?
04-04-2012 05:52 AM
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Parlay44 Offline
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RE: Trolling Could Get You 25 Years in Jail in Arizona
Prosecuting people based on hurt feelings sounds like female logic to me. It'll never float.
First Amendment trumps it.

Team Nachos
04-04-2012 08:38 AM
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