"If the conduct complained of would not amount to an offence if it occurred off-line, then it is not an offence simply because in a particular instance it was undertaken with the aid of digital technology," the department noted.

"For example, complaints have been received about comments posted on Facebook which are abusive or harassing. If this behavior occurred in a public place it would not be a reportable offence.

"It is not the role of Tasmania Police to censor internet content."

Even though the Internet is the newest medium for anonymous, uncomfortable expression touching on political or religious matters, online speech is equally protected under the First Amendment as there is "no basis for qualifying the level of First Amendment scrutiny that should be applied" to online speech.... Indeed "whatever the challenges of applying the Constitution to ever-advancing technology, basic principles of freedom of speech and press, like the First Amendment's command, do not vary when a new and different medium for communication appears."

Fears about the scope of this bill are not exaggerated. In the past year, there have been two highly publicized incidents of police seeking to track down the posters of comments posted online about political figures. Last fall, the Rhode Island ACLU called on Narragansett's Police Chief to drop criminal “cyberstalking” charges lodged against two town residents in separate incidents. Under this bill, police could unilaterally issue subpoenas to obtain the information.