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Medical Forum / Diseases and Disorders / Cancer / January 2006

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alex - 10 Jan 2006 19:47 GMT
http://news.com.com/Create+an+e-annoyance%2C+go+to+jail/2010-1028_3-6022491.html
clifto - 10 Jan 2006 23:35 GMT
> http://news.com.com/Create+an+e-annoyance%2C+go+to+jail/2010-1028_3-6022491.html

That's ominous.

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       If John McCain gets the 2008 Republican Presidential nomination,
          my vote for President will be a write-in for Jiang Zemin.

J - 11 Jan 2006 00:59 GMT
> > http://news.com.com/Create+an+e-annoyance%2C+go+to+jail/2010-1028_3-6022491.html
>
> That's ominous.

All the more reason for people to munge/spoof their email addresses.
J
http://www.internetnews.com/bus-news/article.php/3576511
A new law extending telephone harassment prohibitions and penalties to anonymous
e-mails and Voice over IP (define) calls has raised nary a peep among civil liberty
groups and the legal community.

The provision, contained in the Violence Against Women Act (VAWA) signed last week by
President Bush, amends the existing law to create criminal penalties for anonymous
e-mails and VoIP calls sent with the intent to "annoy, abuse, threaten or harass any
person."

"It only extends the current telephone harassment laws to the Internet. It extends the
same protections to new forms of communications."
clifto - 11 Jan 2006 01:48 GMT
>> > http://news.com.com/Create+an+e-annoyance%2C+go+to+jail/2010-1028_3-6022491.html
>>
>> That's ominous.
>
> All the more reason for people to munge/spoof their email addresses.

Careful with that. I've been chasing spammers since 1996, spammers who try
to disguise the origins of their messages, and unless they're VERY, VERY
good (the rare exception) one can almost always trace them to a provider.
Given that, one could subpoena logs from the provider and find out who
was using that IP address at that date and time.

They're typically using "bot nets" nowadays, so we can't trace them to
their own provider, just to the location of their hijacked "bot". So as
usual, the lawbreakers have the means to avoid prosecution, while the
innocent who used to be protected by the First Amendment, Magna Carta,
etc. get shafted.

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       If John McCain gets the 2008 Republican Presidential nomination,
          my vote for President will be a write-in for Jiang Zemin.

J - 11 Jan 2006 01:56 GMT
> >> > http://news.com.com/Create+an+e-annoyance%2C+go+to+jail/2010-1028_3-6022491.html
> >>
[quoted text clipped - 3 lines]
>
> Careful with that. I've been chasing spammers since 1996,

??? I don't spam. If a person munges their email address, nobody can threaten them by
email.
That law seems to be addressing emails and VOIP.
J
turtill@hotmail.com - 11 Jan 2006 03:13 GMT
>> >> > http://news.com.com/Create+an+e-annoyance%2C+go+to+jail/2010-1028_3-6022491.html
>> >>
[quoted text clipped - 7 lines]
>email.
>That law seems to be addressing emails and VOIP.

Writings on Usenet are to be classed as e-mails. However it would be
difficult to prove intent to annoy unless it was made obvious IMHO. It
should be remembered that there are no secrets online to those who
have the necessary powers.
pete

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clifto - 11 Jan 2006 05:00 GMT
>> >> > http://news.com.com/Create+an+e-annoyance%2C+go+to+jail/2010-1028_3-6022491.html
>> >>
[quoted text clipped - 5 lines]
>
> ??? I don't spam.

I meant only that chasing spammers is where I got extensive experience in
header reading and message tracking. It isn't easy for the average person
to hide his identity from a determined government.

> If a person munges their email address, nobody can threaten them by
> email.
> That law seems to be addressing emails and VOIP.

I have a feeling they'll try to apply it to everything; usenet, web pages,
streaming content, whatever. They didn't let the First Amendment stop them,
after all.

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       If John McCain gets the 2008 Republican Presidential nomination,
          my vote for President will be a write-in for Jiang Zemin.

J - 12 Jan 2006 02:00 GMT
> >> > http://news.com.com/Create+an+e-annoyance%2C+go+to+jail/2010-1028_3-6022491.html
> >>
[quoted text clipped - 7 lines]
> Given that, one could subpoena logs from the provider and find out who
> was using that IP address at that date and time.

Well, I understand what you're saying, and that's exactly why it doesn't matter why a
person is anonymous or not; they can be traced if they do/say/write something aggregious.

My point was that some people reply to both group and the poster's email address or the
latter. If it's kept on newsgroup, for all to see, then if there's a misunderstanding of
what has been conveyed, some of the rest of us can clarify, whereas emails sent to the
poster enter their private inbox and words over the internet can be misconstrued.

In any event, clifto, I spent some time last night and this morning, checking various
newsgroups, where I would have expected there to be a "reaction" to this news. The one I
most expected to react never even mentioned it. The others and through searches on the
posted website (in Google), the reactions vary from:
1) who voted that idiot in <g>
2) "shrug"
3) "feel good" addon to a larger parcel of legislation that was pushed through
4) "your post is annoying me" (tongue in cheek type posts)

So, I really don't think it was even worth calling to our attention.
J
turtill@hotmail.com - 12 Jan 2006 13:33 GMT
>> >> > http://news.com.com/Create+an+e-annoyance%2C+go+to+jail/2010-1028_3-6022491.html
>> >>
[quoted text clipped - 26 lines]
>
>So, I really don't think it was even worth calling to our attention.

There has been limited discussion about it on uk.legal here
http://tinyurl.com/d8r2y

Again many folks do not take it seriously. I do however because I have
had people post in my name and also anonymously about me. Unlike
Clifto says if the posts are made through some newsfeeds such as
ReadFreeNews you cannot trace the ISP or even the IP. There are a few
of these kind of newsfeeds about and I suspect the new law could be
aimed at them and of course at anonymous remailers. It is now possible
in theory to prosecute a newsfeed that allows anonymous posts as well
as anonymous posters or e-mailers. I do not mung my e-mail addy and I
can honestly say I do not have any problems at all. I have a program
called mailwasher ($20) that allows me to screen all my mail before I
download it from the server and spam gets deleted by me without
downloading it. Ordinary posts that are illegal can easily be reported
and stopped if they bother anyone. Personally I cannot see how a
person who doesn't use their own name in e-mails can be taken
seriously but I can understand people being frightened by malicious
mail if they fall for the hysteria about spam and such like.
pete

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clifto - 12 Jan 2006 18:38 GMT
> In any event, clifto, I spent some time last night and this morning, checking various
> newsgroups, where I would have expected there to be a "reaction" to this news. The one I
[quoted text clipped - 4 lines]
> 3) "feel good" addon to a larger parcel of legislation that was pushed through
> 4) "your post is annoying me" (tongue in cheek type posts)

<http://www.newsmax.com/archives/ic/2006/1/12/84628.shtml>

"The Blogosphere is filling up with frantic posts from those who routinely
comment on use-net groups and blogs expressing dismay and concern over a
new law that prohibits posting annoying Web messages or sending annoying
e-mail messages without disclosing your true identity."

Not that I'm much for blogs, but it's beginning to appear they're an
ever-improving source for news.

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       If John McCain gets the 2008 Republican Presidential nomination,
          my vote for President will be a write-in for Jiang Zemin.

J - 13 Jan 2006 01:50 GMT
> <http://www.newsmax.com/archives/ic/2006/1/12/84628.shtml>
>
> "The Blogosphere is filling up with frantic posts from those who routinely
> comment on use-net groups and blogs expressing dismay and concern over a
> new law that prohibits posting annoying Web messages or sending annoying
> e-mail messages without disclosing your true identity."

So clifto, what do you intend to do?
Post with your full name and SS # and address in your signature?
(whoops no, that would encourage cyberstalking). :p
J
clifto - 13 Jan 2006 07:03 GMT
>> <http://www.newsmax.com/archives/ic/2006/1/12/84628.shtml>
>>
[quoted text clipped - 6 lines]
> Post with your full name and SS # and address in your signature?
> (whoops no, that would encourage cyberstalking). :p

Actually, it's not difficult to come up with my full name. A quick Google
groups search on clifto@clifto.com is illustrative. Lots of people on
usenet know me, too. So if someone tried to say I was unidentified, he'd
have an uphill battle.

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       If John McCain gets the 2008 Republican Presidential nomination,
          my vote for President will be a write-in for Jiang Zemin.

turtill@hotmail.com - 13 Jan 2006 19:16 GMT
>> <http://www.newsmax.com/archives/ic/2006/1/12/84628.shtml>
>>
[quoted text clipped - 6 lines]
>Post with your full name and SS # and address in your signature?
>(whoops no, that would encourage cyberstalking). :p

If someone wants to cyberstalk you changing you ID will not stop them.
The best way is to alert others to the fact you are being stalked and
then 'most' people will just ignore the stalker as the victim should
to. Stalkers are easily dealt with once the victims correspondents
stop replying to the stalker or just follow the victims wishes in how
to deal with the stalker. Believe me I speak from experience. If you
type turtill into google group you will eventually come to pages where
google has placed a notice saying one or more posts have been removed
because of legal action. They are among the very few posts I object
to. Most stuff I take as fair comment or comment by mentally ill
people and I ignore that. I post in my real name and with a genuine
e-mail addy and I get very little spam and absolutely no stalking
posts because the e-mail would be traceable and stalkers would know
that.
pete
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turtill@hotmail.com - 11 Jan 2006 03:08 GMT
>> > http://news.com.com/Create+an+e-annoyance%2C+go+to+jail/2010-1028_3-6022491.html
>>
>> That's ominous.
>
>All the more reason for people to munge/spoof their email addresses.
>J

Not really. In fact the opposite seems to be the case. It appears that
it only applies to anon correspondence. It appears that folks can
annoy each other using their own names but not if they are anonymous.
I thought US law didn't apply in the uk if there was no offences
matching it in the uk. However we have seen some bankers extradited
for wire fraud across state boundaries or similar. There is no such
offence in the uk but that didn't prevent the extradition of british
bankers to the US.
pete

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MZB - 13 Jan 2006 15:59 GMT
No "J."  The implication is that if you continue to annoy me you will have
to post your full name and other details. No more munging.

Mel

>> > http://news.com.com/Create+an+e-annoyance%2C+go+to+jail/2010-1028_3-6022491.html
>>
[quoted text clipped - 20 lines]
> extends the
> same protections to new forms of communications."
turtill@hotmail.com - 13 Jan 2006 19:34 GMT
>No "J."  The implication is that if you continue to annoy me you will have
>to post your full name and other details. No more munging.

You are wrong. It is no good you saying you are annoyed or that you
are being annoyed. You have to prove 'intent' to annoy and that can be
quite difficult unless it is obvious or stated.
pete

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clifto - 14 Jan 2006 20:57 GMT
>>No "J."  The implication is that if you continue to annoy me you will have
>>to post your full name and other details. No more munging.
>
> You are wrong. It is no good you saying you are annoyed or that you
> are being annoyed. You have to prove 'intent' to annoy and that can be
> quite difficult unless it is obvious or stated.

There's some court out there (*cough* *ninth* *circuit* *cough*) that will
accept advance notice as intent, as in "It annoys me terribly when people
say 'the', this is fair warning to everyone in advance," followed by a
suit against everyone using that word in the next week.

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       If John McCain gets the 2008 Republican Presidential nomination,
          my vote for President will be a write-in for Jiang Zemin.

turtill@hotmail.com - 14 Jan 2006 21:29 GMT
>>>No "J."  The implication is that if you continue to annoy me you will have
>>>to post your full name and other details. No more munging.
[quoted text clipped - 7 lines]
>say 'the', this is fair warning to everyone in advance," followed by a
>suit against everyone using that word in the next week.

Really!  Well even then it would have to be shown it was done with
'intent' IMHO. Such as proving the person actually saw and/or
understood that message. I have no experience of USA courts.
pete

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