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The use of vague words like "offend" or "annoy" isn't the only thing that's disconcerting here. The focus on "intent" should also give us pause. The thing is,
by jonnathanson 15y ago
The use of vague words like "offend" or "annoy" isn't the only thing that's disconcerting here. The focus on "intent" should also give us pause.
The thing is, it's pretty damned hard to prove intent in many, if not most, use cases on the internet. And I fear that this law, as written, gives the offended the power to define the "intent" of the alleged offender.
Sure, it's pretty easy to deduce intent if you can find an obvious pattern of repeated attempts to bully or harass someone. But rarely are circumstances so cut-and-dried. And for areas like message boards, comments sections, blog posts, and other open fora, who's to say what someone's intent was? I might write a blog post that's critical of a person or an organization, and that person or organization may get "annoyed" with the post. Does their annoyance, therefore, retroactively define my intent as malicious? Or was I simply exercising my 1st Amendment right to criticize? What a dangerous path we wander when we allow the delicacy of people's sensibilities to define the intent of our words.
I'm no lawyer, but I would imagine that the letter of this law is pretty indefensible on Constitutional grounds.
- sp332 15y agoIntent is a well-established legal idea. E.g. "mens rea" https://en.wikipedia.org/wiki/Mens_rea https://en.wikipedia.org/wiki/Mens_rea And it strongly favors the defendant, because in US criminal court, the burden of proof is always on the prosecution. There must be evidence presented in court to convince a jury "beyond reasonable doubt" that intent existed.
- jonnathanson 15y agoI understand that much, but my point is that in so many internet cases, intent seems pretty much impossible even to establish, let alone sufficiently prove. So maybe that places an insurmountable burden on would-be prosecutors, then, and we're actually left with a law that's almost impossible to practice in many cases? I'm not sure. Like I said, not a lawyer.