| Submit your comments on this article |
| Home Front: WoT |
| Tennessee terror bill breaks new ground |
| 2011-06-11 |
| Posted by:ryuge |
| #5 #3 That still doesn't balance the idiocy of the stupid bill they just passed that makes it a crime to post an image that offends people, like a cartoon of Mohammed.. Sometimes we don't get it right. A summary of the bill: *HB 0300 by *Curtiss, Moore, Hardaway, Dean, Brooks H, Montgomery, Todd, Lollar, Hurley, Watson, Maggart, White, Sanderson, Eldridge, Camper, Lundberg, Womick, Wirgau, Shipley, Sexton, Powers, Halford, Miller D, Sargent, Favors, Brown, Elam, Gotto, Fitzhugh, Roach, Weaver, McDonald. (SB 0487 by *Ketron, Marrero , Barnes, Burks, Ford, Harper, Haynes, Stewart.) Criminal Offenses - As enacted, broadens offense of harassment to include certain electronic communication with or about another person or transmission or display of certain images; in certain circumstances, allows law enforcement to access log files, images or communications posted on social network services' Web sites. - Amends TCA Title 39, Chapter 17, Part 3. Fiscal Summary NOT SIGNIFICANT Bill Summary This bill makes it a delinquent act, punishable only by fine of $100 or 20 hours of community service, for a minor to frighten, intimidate or emotionally distress a person by communicating with or about that person, or transmitting or displaying an image, by electronic device, without legitimate purpose: (1) With the malicious intent to frighten, intimidate or cause emotional distress; or (2) In a manner the minor knows, or reasonably should know, would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities. Under present law, the conduct described above that relates to communications between an offender and a victim constitutes the Class A misdemeanor "harassment." Under this bill, harassment will continue to be a Class A misdemeanor when committed by an adult. This bill adds communicating about a person, or transmitting or displaying an image by electronic device to the types of conduct that will constitute harassment when done with the requisite intent as described above. This bill requires that any Internet service provider that operates a social networking site and that has server computers located in Tennessee must make images and communications that have been posted to the social network Web site available for inspection by the district attorney based on a reasonable belief by the district attorney that the information sought is not privileged, the evidence sought is essential to the completion of an investigation or prosecution, and there is no other feasible alternative to obtain the information. ON APRIL 21, 2011, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 300, AS AMENDED. AMENDMENT #1 makes various changes to the bill, as described below. Under the bill, the offense described in the above bill summary does not apply to a telecommunications, broadband or other similar service provider acting solely as an intermediary for transmission of electronic communications or images. This amendment instead specifies that such offense would not apply to an entity providing an electronic communications service to the public acting in the normal course of providing that service. Under the bill, any Internet service provider that operates a social networking site and that has server computers located in Tennessee must make images and communications that have been posted to the social network Web site available for inspection by the district attorney based on a reasonable belief by the district attorney that the information sought is not privileged; the evidence sought is essential to the completion of an investigation or prosecution; and there is no other feasible alternative to obtain the information. This amendment revises this requirement to instead require any electronic communications service provider that operates a social networking site and that provides services to consumers in this state to disclose images and communications that have been posted to the social network Web site to any governmental entity responsible for enforcing the offense under the bill, only if the governmental entity: (1) Obtains a warrant issued using this state's warrant procedures by a court of competent jurisdiction; (2) Obtains a court order for the disclosure; or (3) Has the consent of the person who sent, posted or displayed any log files and images or communications on the social network service's Web site maintained by the electronic communications service provider. This amendment specifies that no cause of action would lie in any court against any provider of an electronic communications service, its officers, employees, agent, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order or warrant. A court order for disclosure under this amendment may be issued by any court that is a court of competent jurisdiction and may be issued only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of an electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. A court order may not issue if prohibited by the law of this state. A court issuing such an order, on a motion made promptly by the service provider, may quash or modify the order, if the information or records requested are unusually voluminous in nature or compliance with the order would otherwise cause an undue burden on the provider. ON MAY 12, 2011, THE SENATE SUBSTITUTED HOUSE BILL 300 FOR SENATE BILL 487, ADOPTED AMENDMENTS #1 AND #2, AND PASSED HOUSE BILL 300, AS AMENDED. AMENDMENT #1 specifies that the delinquent act created by the bill would be punishable by "up to 30 hours of community service", instead of by "a fine of $100 or 20 hours of community service". AMENDMENT #2 revises this bill and expands present law by classifying as the offense of harassment the displaying of an image in a manner in which there is a reasonable expectation that the image will be viewed by the victim by telephone, in writing or by electronic communication, without legitimate purpose and: (1) With the malicious intent to frighten, intimidate or cause emotional distress; or (2) In a manner the defendant knows, or reasonably should know, would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities; and (3) As the result of the communication, the person is frightened, intimidated or emotionally distressed. This bill doesn't seem like it can pass Constitutional muster if challenged, but then you never know. |
| Posted by: JohnQC 2011-06-11 19:33 |
| #4 OS, if they start trowing people who collect contributions for Hamas (or Lashkar-e-Taiba) into jail, I---for one---will be able to control the urge to post big M's pics. |
| Posted by: g(r)omgoru 2011-06-11 14:11 |
| #3 That still doesn't balance the idiocy of the stupid bill they just passed that makes it a crime to post an image that offends people, like a cartoon of Mohammed... |
| Posted by: OldSpook 2011-06-11 12:00 |
| #2 Good for Tennessee! Deacon, are you from Tennessee too? Tennessee Governor Bill Haslam is from Knoxville. He was our mayor until he ran for governor. His family founded Pilot Oil Company after WWII. The family has contributed to the community and to the University of Tennessee. Haslam's legislature veered right (Republican) after the 2008 Republican landslide. This was the first time the legislature went Republican since just after the Civil War--just to give an idea of the significance of the change. The previous Speaker of the House, "Jimmy" Naifeh was awful, IMO. He was very anti-second Amendment and most legislation never made it out of committee. |
| Posted by: JohnQC 2011-06-11 10:02 |
| #1 Congratulations Deacon. |
| Posted by: Skidmark 2011-06-11 05:19 |