On it's face this bill looks like a reasonable effort to eradicate bullying and stalking. From Arizona the enlightened State that it is of late?
But any reasonably aware person knows that: A. Arizona is just not that enlightened enough to actually take bullying seriously, too many bigots would be forever banned from internet usage. And B. That if there is a way for this law to be abused someone with authority, real or implied, will do so.
HOUSE BILL 2549
AN ACT
amending sections 13-2916 and 13-2923, Arizona Revised Statutes; relating to electronic or digital devices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2916, Arizona Revised Statutes, is amended to read:
13-2916. Use of an electronic or digital device to terrify, intimidate, threaten, harass, annoy or offend; classification; definition
A. It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a telephone any electronic or digital device and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person. It is also unlawful to otherwise disturb by repeated anonymous telephone calls electronic or digital communications the peace, quiet or right of privacy of any person at the place where the telephone call or calls communications were received.
B. Any offense committed by use of a telephone an electronic or digital device as set forth in this section is deemed to have been committed at either the place where the telephone call or calls communications originated or at the place where the telephone call or calls communications were received.
C. Any person who violates this section is guilty of a class 1 misdemeanor.
D. For the purposes of this section, "electronic or digital device" includes any wired or wireless communication device and multimedia storage device.
Sec. 2. Section 13-2923, Arizona Revised Statutes, is amended to read:
13-2923. Stalking; classification; definitions
A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either:
1. Would cause a reasonable person to fear for the person's safety or the safety of that person's immediate family member and that person in fact fears for their the person's safety or the safety of that person's immediate family member.
2. Would cause a reasonable person to fear death of that person or that person's immediate family member and that person in fact fears death of that person or that person's immediate family member.
B. Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 of this section is a class 3 felony.
C. For the purposes of this section:
1. "Course of conduct":
(a) Means any of the following:
(i) Maintaining visual or physical proximity to a specific person or directing verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short. , but
(ii) Using any electronic, digital or global positioning system device to surveil a specific person or a specific person's internet or wireless activity continuously for twelve hours or more or on two or more occasions over a period of time, however short.
(b) Does not include constitutionally protected activity or other activity authorized by law.
2. "Immediate family member" means a spouse, parent, child or sibling or any other person who regularly resides in a person's household or resided in a person's household within the past six months.
Does this mean when I find a legislator offensive and look at one page to get their contact information and another page to capture a brief synopsis of their platform I will be considered a stalker?
Am I reading this right?
Using any electronic, digital or global positioning system device to surveil a specific person or a specific person's internet or wireless activity continuously for twelve hours or more or on two or more occasions over a period of time, however short.
Now I'm far from accepting of actual bullying behavior and threats to anyone's personal safety but this is written so broadly that just by blogging here about any one person I will be breaking this law. I'm not trying to stalk any one but if someone gets butthurt because I do not share their worldview and I blog about it I would think that would fall under the aegis of free speech.
Some anons have decided this bill requires mockery so they have created a convienint form for them to fill out when ever they feel butthurt.
Way to go, Arizona legislators, you officially pissed off the Internet.
One of the most popular Twitter accounts associated with the Anonymous community, "YourAnonNews," got wind of Arizona's House Bill 2549, which was labeled by one critic as a "bill to censor electronic speech."
The response -- repeated multiple times to the account's 562,000-plus followers -- is to fax a "butthurt report form" to Governor Jan Brewer and state legislators.
If you're at the Capitol with a "butthurt report form" in your fax machine, now you know why.