Court Says FCC's Indecency Policies... >>
<< RIAA Accounting: Why Even Major Label...
 tdicon 

Free Speech

by Mike Masnick

Tue, Jul 13th 2010 10:43am




Filed Under:
cyberbullying, free expression, louisiana, scotland


Don't Be A Jerk To A Minor In Louisiana Or Say Anything Sexually Suggestive In Scotland

from the controlling-behavior dept

Back in May we wrote about how Louisiana was the latest state to try to pass overly broad anti-"cyberbullying" legislation, that would make it illegal to say anything online that might "embarrass" anyone under 17. With a few modifications that law has now been passed. They (thankfully) removed the "embarrass or cause emotional distress" part, but still left in that it's illegal to communicate "with intent to torment or intimidate" which seems pretty broad. No more trash talking on IM, kids.

Meanwhile, Glyn Moody points us to a new law in Scotland that outlaws "indecent communication" online. The law says you can't say anything sexually related to someone without first getting consent. While, the intentions are good, the reality is that this will almost certainly lead to problems:
In our culture, it is not normal to ask people for permission to say something sexual during the course of a facebook chat or a conversation in a bar. "Do you mind if I deploy an innuendo" just wouldn't sound right. And quite frankly it shouldn't.

Whether people get off with each other in bars, or engage in mundane msn conversations that degenerate into bad internet sex, people frequently make the transition from polite conversation into something more erotic. And this very often necessitates somebody saying something on a whim, somebody communicating some sexual feeling in the hope that it will be reciprocated. And sometimes that means saying something under circumstances that don't quite match up to a "reasonable belief in consent".
The more and more governments try to regulate how people talk to each other online, the more and more ridiculous it's going to look.

31 Comments | Leave a Comment

If you liked this post, you may also be interested in...

Reader Comments (rss)

(Flattened / Threaded)

  •  
    identicon
    Anonymous Coward, Jul 13th, 2010 @ 10:59am

    Scotland

    I'm about to break the law in Scotland by writing something sexually related without first getting consent.

    "Norman is a boy cow."

    I am now a criminal.

     

    [ reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Jul 13th, 2010 @ 11:21am

    Something funny about bag pipes. (sorry there were so many potential jokes there I couldn't choose just one...

     

    [ reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Jul 13th, 2010 @ 11:25am

    I mean really, while a cool instrument in its own right, it is basically a sack with some phallic-esque things attached and guys (typically) walk around in skirts blowing on one of the phallic extensions and squeezing the sack.

     

    [ reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Jul 13th, 2010 @ 11:33am

    Scotland Depraved (by The Tartan Terrors)

    [SCOTLAND DEPRAVED]
    Bring me my whiskey, mother!
    I'm feeling frisky, mother!
    Bring me my sheep,
    For I am lonely tonight.

    Gosh knows I'm really randy.
    Good thing I'm very handy!
    England is prim and proper.
    Scotland's Depraved!

    Chorus:
    Bah bah bah-da bah bah bah
    Bah bah bah-da bah bah bah
    Bah bah bah-da bah bah bah
    Bah bah bah-da
    Bah bah bah-da bah bah bah
    Bah bah bah-da bah bah bah
    England is prim is proper.
    Scotland's Depraved!

    Bring me a lover, mother!
    No, not my brother, mother!
    Bring me my sheep,
    For I am lonely tonight.

    No, not my sister, Mary.
    Her legs are very hairy.
    England is prim is proper.
    Scotland's Depraved!

    (chorus)

    I'm as a horny as a clansman!
    I will even take a Saxon!
    Bring me my sheep,
    For I am lonely tonight.

    Gunmen wear their kilts all day:
    Zippers scare the sheep away...(so I've heard)
    England is prim is proper.
    Scotland's Depraved!

    (chorus)

    One More Time!

    (chorus)

     

    [ reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Jul 13th, 2010 @ 11:41am

    Good thing I can still be a jerk on techdirt

    TAM - tell your mom hi for me

     

    [ reply to this | link to this | view in chronology ]

  •  
    icon
    DanVan (profile), Jul 13th, 2010 @ 11:44am

    I agree that the law sounds too broad but I also applaud the state for trying to get the internet under control mocking wise

    Many stories of kids being tortured online is heartbreaking

    I hope kids understand that they cant do anything and get away with it

     

    [ reply to this | link to this | view in chronology ]

    •  
      icon
      A Dan (profile), Jul 13th, 2010 @ 12:22pm

      Re:

      How is that a good idea? The state is directly impinging on free speech. That should never be applauded.

      Mocking should not be illegal. There is no right to not be offended. Trying to make one puts the incentives on being offended; the people who benefit the most are those who are most easily or most greatly offended. That's a strange structure to encourage.

       

      [ reply to this | link to this | view in chronology ]

  •  
    icon
    interval (profile), Jul 13th, 2010 @ 11:44am

    Did you people hear about this:

    http://www.smh.com.au/world/mother-jailed-for-sex-with-son-she-gave-up-for-adoption-2010071 3-108ts.html

    Apparently this woman gave up her son for adoption 16 years ago. Last year (or the year before) located him on Facebook, and knowing exactly who he was seduced him. In other reports I understand she's facing hospitalization assuming she's found guilty.

     

    [ reply to this | link to this | view in chronology ]

  •  
    icon
    bishboria (profile), Jul 13th, 2010 @ 11:48am

    I leave

     

    [ reply to this | link to this | view in chronology ]

  •  
    identicon
    Old Jarhead, Jul 13th, 2010 @ 12:04pm

    What a hoot! Many (many) years ago, I enlisted in the US Marines at age 16 - with the help of a recruiter who "aged" me one year (w/parental consent). Anyhow, talk about being on the receiving end of rude, embarrassing comments!! In the end however, I survived and probably benefited (beyond my 4 year enlistment). However, I am somewhat like the cartoon figure in an old Larson cartoon drawing, where slaves are chained to a Viking ship, as rowers - all looking frazzled, except one (reminds me of myself) who, bright-eyed, raises a hand and says, "Oh yoo hoo, I think I have a blister!"

     

    [ reply to this | link to this | view in chronology ]

  •  
    icon
    jjmsan (profile), Jul 13th, 2010 @ 12:09pm

    I herd one

    I understand sheep are a popular subject.

     

    [ reply to this | link to this | view in chronology ]

  •  
    identicon
    Bas Grasmayer, Jul 13th, 2010 @ 12:23pm

    ...

    Eh, I'm sure some people might find it offensive if I ask them for consent to mention something sexually related... especially if what I was intending to say was harmless. They might actually feel much more (sexually) intimidated by the request for consent, than whatever the content might be.

    There are exceptions of course.

     

    [ reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Jul 13th, 2010 @ 12:55pm

    Aren't a lot of takedown notices sent via the internet inherently "intimidating"?

    Be interesting if someone uses this law against them.

     

    [ reply to this | link to this | view in chronology ]

  •  
    icon
    Free Capitalist (profile), Jul 13th, 2010 @ 1:03pm

    Thank You, Pedantic Fucking Parents

    The Louisiana law FTA addressed in subject.

    Regarding the outlawing in Scotland of "sexually suggestive conversation" without consent...

    I'm sure it was the few seriously degenerate men (and the two women) who throw trash around all the time that brought this law about. But, what the fuck?

    Is this some new form of population control? If we brought this bullshit to the U.S. it would immediately become a cash-farm for lawyers doing "civil follow-up" to specious criminal charges, and the chilling effect would immediately extend to everyone's pants

     

    [ reply to this | link to this | view in chronology ]

  •  
    icon
    iamtheky (profile), Jul 13th, 2010 @ 1:16pm

    "The law says you can't say anything sexually related to someone without first getting consent."

    What about overtly sexual advertising? say in the form of an avatar, pseudo-chat window, or forum bot. Which third party is going to get sued first for obscene communique?

     

    [ reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Jul 13th, 2010 @ 5:30pm

    People are living in an Islamic state and don't even realize it LoL

     

    [ reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Jul 13th, 2010 @ 6:19pm

    "Do you mind if I deploy an innuendo" just became my new auto-sig!

     

    [ reply to this | link to this | view in chronology ]

  •  
    icon
    BentFranklin (profile), Jul 13th, 2010 @ 8:26pm

    Isn't asking someone if you may raise the subject of sex raising the subject of sex?

     

    [ reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Jul 14th, 2010 @ 6:28am

    UR MOM !!.... no more :(

     

    [ reply to this | link to this | view in chronology ]

  •  
    icon
    Niall (profile), Jul 14th, 2010 @ 7:36am

    The specific reasons that this is an offence are:
    (a) obtaining sexual gratification,
    (b) humiliating, distressing or alarming B (the other)

    I'm not sure how a) will go unless it is some private titillation directly related to the sharing, rather than just a general part of conversation, but the second is somewhat clearer.

    To an initial reading it makes sense. The trouble becomes in how broadly these will be interpreted (and what evidence is needed to 'prove' these motivations).

    As a resident of Scotland, I wait with mild trepidation!

     

    [ reply to this | link to this | view in chronology ]

  •  
    icon
    vivaelamor (profile), Jul 14th, 2010 @ 1:39pm

    Next on Mock the Week

    I can't wait for this to be brought up on Mock the Week, my guess: "Isn't a Scot asking for permission to say 'fuck you' rather like an Englishman asking for permission to comment on the weather?"

     

    [ reply to this | link to this | view in chronology ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Save me a cookie
  • Note: A CRLF will be replaced by a break tag (<br>), all other allowable HTML will remain intact
  • Allowed HTML Tags: <b> <i> <a> <em> <br> <strong> <blockquote> <hr> <tt>
Court Says FCC's Indecency Policies... >>
<< RIAA Accounting: Why Even Major Label...
 tdicon 
Follow Techdirt
Flattr rss rss
A word from our Sponsors...
Sponsored Resource
Essential Reading
Techdirt Reading List
Techdirt Insider Chat

A word from our Sponsors...
Recent Stories

Tuesday

3:50pm: States Attorneys General Want To Special Exception To Blame Sites For Actions Of Users (0)
3:02pm: Google, Without Admitting It Gets FISA Orders, Files Lawsuit To Challenge FISA Gag Orders (7)
2:29pm: NYPD Commissioner Blasts NSA Secret Monitoring For Being Secret (7)
1:43pm: It's Come To This: Commentators Arguing That The Press Commits A Crime In Exposing NSA Surveillance (26)
1:00pm: US Chamber Of Commerce: Bollywood Is So Successful Without Strong Copyrights That It Will Fail Unless India Strengthens Its Copyrights (33)
11:58am: Senator Lindsey Graham Defends NSA Surveillance By Arguing About Something Entirely Different (48)
11:15am: NSA Claims Surveillance Programs Aided The Stopping Of 50 Attacks; Details Lacking (64)
10:31am: The NSA's Lockbox Has No Lock (44)
9:44am: Knowing The Government Is Spying On You Changes How You Act (45)
8:44am: MPAA's Chris Dodd Will Be The Chair Of 'Free Speech Week' (107)
More arrow
A word from our Sponsors...

Close

Email This