[net.news] Harassment--a new legal question.

jj (12/20/82)

	As the recent recipient of ~20 kBytes of deliberately harassing mail
from various sites over the last 3 days (while I was on vacation), I have the
following legal question:
	Given that the mail was harassing, and that it was certainly trans-
mitted over phone lines, albeit as data, rather than voice, can I contact
the local authorities and complain about telephone harassment?
	While I am not sure of the exact statement of the laws, it very well
could cover the use of a phone for data transmission, as it may
(or may not) refer to messages, information, or whatever, in the
law.  Most laws state "in any way, shape, or form".  If such is the
case, then more than 20 people have committed federal offenses.
	I further note that one individual, John Gilmore, from 
Sun Microsystems, recently espoused the act of sending me (personally)
messages that were intended specifically to harass.  It occurs to me
that such actions could constitute enticement to commit a federal
offense.
	While I currently intend to seek no legal action against
anyone, I do believe that legal research into the possibility would
be advisable to (among other things) prevent an outbreak of criminal
and civil cases which would eliminate the net.
	I would also appreciate it if Mr.  Gilmore would send me contact
information so that I can discover what long articles that he is objecting
to, as rabbit!jj has posted either 3 or 4 (excepting this) articles to the
net since the first week in November, and these articles have been
either discussions of newsgroup expiration, cave rescue information,
or a response to a rumour posted about rabbit!jj in a humorous vein.  
	I must point out to those individuals who have taken time to
send responses (of a mostly humorous nature) about the "rabbit!jj" project,
that I do NOT regard those messages as harassment.  I am actually rather
amused by the idea, although I am discouraged that the idea of becoming an
AI project has now become popular.  
	I do object to the transmission of long (900 byte) form letters 
that are identical except for the header information, from 10 or 20 
individuals, or to mail that wishes to state insult, accuse me of <fill in 
the blank>, or any similar intent.  I have recently received mail from an 
individual (in another state, another site, another organization, etc.) 
with an enclosed message, warning me of "defamatory" material that had been 
mailed him about me from an obviously phony sitename and sender.  I would 
appreciate being IMMEDIATELY notified of any such messages that readers of 
this article may received/have received.
			James David Johnston
			Bell Labs- Acoustics Research
			2C534 -  600 Mountain Avenue
			Murray Hill, NJ, 07974

bstempleton (12/21/82)

I don't think electronic mail can be considered a form of harrassment the
same way the phone is.   Especially considering that in the future electronic
mail addresses should be verifiable.

I heavily object to telephone soliciting because it can not be ignored without
ignoring the chance that somebody important is calling.  If you, like most people,
answer the telephone almost always, then it forces you to stop what you are
doing.

Not so with mail, and even more not so with electronic mail.  You read that
only when you desire to.  I don't even have objection to electronic junk mail,
for you can easily require that all direct mailings be clearly marked with
a "Direct Mail" flag.  This way you can tell your mailer to ignore all the
stuff, and companies will soon realize that it's not worth the money.

I don't think you can be considered getting telephone harrassment if you
are not answering the phone and in fact no human is.

markb (01/24/83)

In light of this, is posting a dirty joke to net.jokes making a obscene
phone call?  If it is, I doubt that rotating it makes any difference as it is
common knowledge on the net how to read rotated jokes.  If it does make
a difference, could we prosecute those who do not rotate their dirty
jokes?

					Mark Biggar
					...!decvax!trw-unix!sdcvax!markb