War on the Internet, Part 2

Rep. Linda Sanchez has floated the following bill, H.R.1966, under the aegis of cyberbullying. It matters not that cyberbullying is rarely, if ever, an interstate commerce issue, the feds have taken it on as a specific hate crime. And not just a crime that adults practice on children. Anyone and everyone is covered.

Here is the full text of the provision paragraph:

SEC. 3. CYBERBULLYING.

(a) In General- Chapter 41 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 881. Cyberbullying

`(a) Whoever transmits in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior, shall be fined under this title or imprisoned not more than two years, or both.

`(b) As used in this section--

`(1) the term `communication' means the electronic transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received; and

`(2) the term `electronic means' means any equipment dependent on electrical power to access an information service, including email, instant messaging, blogs, websites, telephones, and text messages.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 41 of title 18, United States Code, is amended by adding at the end the following new item:

`881. Cyberbullying.'.

[emphasis added].

It will be presumed that the internet is "interstate commerce" from the git-go, and therefore that any email or blog will be subject to this new hate crime law. Even Leftist bloggers see the danger in this.

It will also be presumed that testimony from the "victim" is sufficient proof of "emotional distress".

This is a blatant misuse of the powers of Congress toward the elimination of unwanted speech from unwanted quarters. It is clear that much internet speech would cause the thin-skinned Obama considerable "emotional distress". The good news is that the punishment is only two years in prison plus bankruptcy for each offense.

It is a direct violation of the First Amendment. But that will not in any way influence the statists to reject this bill. Because it will be touted as "for the children", the statists will rally behind this. I expect its quick passage and implementation.