> a nobody, a social outcast, in this case ridiculously obese, with no other means of getting attention.
> Throw in the laws he just broke with his post, and it's definitely time to press charges.
> As his conduct shows, he's not just a threat to me, but to anyone, and in this era, well, he's acting out in the wrong place, and at the wrong time.
> As I said in my post about some others (a few of who were made to wise up and vacate their criminal conduct, and who you won't
> see posting so quickly), the "cyberbully" thinks they are getting some type of glory by breaking laws (in this case federal law
> with discovery to see who the "loose cannon" might be working with). Google also works both ways, so any idiot who
> signs their name to that type of conduct likely cost themselves opportunity.
> You'd think with countless national news items devoted to zero-tolerance for cyberstalking
> (which is what this individual is doing), and with the acknowledgement that those who
> engage in this type of conduct are true threats to society, literally "ticking time bombs," that people would wise
> up about doing that, but some apparently don't get the memo.
Nor have you, Legal Genius. Again, you miss the most critical point:
in order for someone to commit cyberstalking, there is one critical
element that must be present. Pennsylvania, in general, is one of the
few states that does not post its statutes on line so I'll find some
other state's law on cyberstalking and use it as an example, since
generally they'll be similar in nature. If anyone can find it, I'm
told its in 18 Consolidated Statutes 2709 or 2709.1.
(It's why generally a driver's license is good in all 50 states
because the rules for driving are usually similar with each other,
while being a notary public (such as I am) requires having a
commission from each state because the rules do differ.)
I'll pick one at random, Title XLVI of the Florida statutes, Chapter
784, statute number 784.048 (d) which reads "(d) "Cyberstalk" means
to engage in a course of conduct to communicate, or to cause to be
communicated, words, images, or language by or through the use of
electronic mail or electronic communication, directed at a specific
person, causing substantial emotional distress to that person and
serving no legitimate purpose."
You would have to argue that I am causing "substantial emotional
distress to you." You would also have to argue that my comments serve
no legitimate purpose. I think that my expression of my opinion of
you and the way you have acted in order to let people know how you act
is a legitimate purpose. Further, the same statute defines "course of
conduct" as "(b) "Course of conduct" means a pattern of conduct
composed of a series of acts over a period of time, however short,
evidencing a continuity of purpose. Constitutionally protected
activity is not included within the meaning of "course of conduct."
Such constitutionally protected activity includes picketing or other
organized protests."
It is clear and obvious that my statements, in effect, are intended to
advise the public that you are acting in a sick fashion and that your
threats are nothing but hot air. It could also be said that by
posting these comments, I am either picketing you or engaging in a
protest against your conduct. That makes my statements
constitutionally protected speech and not cyberbullying. You, sir,
are apparently unable to understand the difference.
Pennsylvania is one of the few states that does not post its statutes
on-line. So I'll work with statutes from other states as a guideline,
lacking the one from there.
I found Virginia's law:
§ 18.2-152.7:1. Harassment by computer; penalty.
If any person, with the intent to coerce, intimidate, or harass any
person, shall use a computer or computer network to communicate
obscene,
vulgar, profane, lewd, lascivious, or indecent language, or make
any suggestion or proposal of an obscene nature, or threaten any
illegal
or immoral act, he shall be guilty of a Class 1 misdemeanor.
Since I never said I wanted to fuck you in the ass, fuck me in the
ass, blow me or blow you, clearly my statement was not a proposal of
an obscene nature.
Now, even if the previous sentence were to be considered "obscene,
vulgar, profane or lewd," it is obvious I haven't said this for the
purpose of harassing you but to instruct you on what the law requires,
it's not in violation either. Also, because of the both the U.S.
Supreme Court decision in Lawrence v. Texas that homosexual acts can't
be made illegal, and the Virgina State Supreme Court in Martin v.
Ziherl that fornication cannot be a crime either, the previous
sentence does not threaten an illegal or immoral act. And since I am
simply pointing out that I never made such a suggestion or proposal,
it's not violating that provision either.
Since my statement was not intended to coerce or intimidate you -
again, you would have to admit you are in fear of me to claim in some
fashion that my words were of a coercive or intimidating nature -
that's out. So the only thing you have left to pin a criminal
complaint is a weak argument that my statement of my opinion of you is
harassing you. Unless you can sustain that last final reed, you have
nothing, as you have always had nothing.
Virginia's statutes do not define "harassment," so the court would go
by the dictionary definition:
harassment (plural harassments)
1. Persistent attacks and criticism causing worry and distress
2. To deliberately pester or annoy
-
http://en.wiktionary.org/w/index.php?title=harassment (Accessed
4/26/2008)
Generally, mere annoyance is not enough to constitute harassment. So,
let me look at a typical definition, such as the anti-stalking law for
Wyoming (6-2-506 Wyoming revised statutes), available at
http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title6/T6CH2AR5.h...
Subsection (ii) of 6-2-506 Wyoming revised statutes reads: "(ii)
"Harass" means to engage in a course of conduct, including but not
limited to verbal threats, written threats, lewd or obscene statements
or images, vandalism or nonconsensual physical contact, directed at a
specific person or the family of a specific person, which the
defendant knew or should have known would cause a reasonable person to
suffer substantial emotional distress, and which does in fact
seriously alarm the person toward whom it is directed."
We can exclude vandalism and physical conduct, I've not done either of
those to you.
Again, in order to argue harassment you've got to argue "emotional
distress" and "serious alarm." In short, you would have to swear
under oath that you are afraid of me. Your comments in response
clearly indicate that you do not fear me - which is correct since it
is clearly obvious that nothing I said was intended to evoke fear or
emotional distress - and thus the last thin reed you have to argue
that a crime has occurred, breaks, and your whole case collapses into
the dung heap from which you spawned it. As is the usual and
customary place where all of your legal claims arise therefrom.
After I wrote the above, I found Pennsylvania's law:
§ 2709. Harassment and stalking
(a) Harassment. - A person commits the crime of harassment when,
with intent to harass, annoy or alarm another person:
(1) He strikes, shoves, kicks or otherwise subjects him to
physical contact, or attempts or threatens to do the same; or
(2) He follows a person in or about a public place or places; or
(3) He engages in a course of conduct or repeatedly commits acts
which alarm or seriously annoy such other person and which serve no
legitimate purpose.
Since I haven't been near you, (1) and (2) are out. And again, "alarm
or seriously annoy" and "serve no legitimate purpose" are also
present. So I'm still covered. But I would like to refer you to
another part of 18 Consolidated Statutes §2709:
(d) False reports. - A person who knowingly gives false
information to any law enforcement officer with the intent to
implicate another under this section commits an offense under section
4906 (relating to false reports to law enforcement authorities).
So if you file a report knowing that I have not been harassing you,
you can be prosecuted for filing a false police report. And don't
bother pulling bullshit on me that I'm threatening you again, it's not
a threat for me to say that if you break the law and file a false
complaint against me I'd have you prosecuted, it's a promise!
Actually, Ray, I have to thank you. As with Mitch Deer in "The
Practice," you actually made me go back and learn what the law is. I
had generally believed that what I was doing was in correspondence to
what the law requires, and I discover that in fact it is in exact
correspondence to what is permissible. I actually had to learn
something new. I really appreciate it, and I'm not being sarcastic.
It lets me know that I could have been much worse to you and gotten
away with it. All I have to have is a legitimate purpose and I can
say anything about you that I want. Since your own words are so bad I
never have to lie, I can just use your own words or speak the truth
and let the chips fall where they may.
> Hope to god he wasn't just expecting a civil suit. There won't be a need for that in this case.