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Oct 26 2009

Web Harassment Nets US Criminal Convictions

The 3rd Circuit Court of Appeals (United States v. Fullmer) has rejected free speech defenses and upheld the conviction of six animal rights activists for launching a website and inviting its supporters to engage in a coordinated campaign by a large number of individuals to inundate websites, e-mail servers, and other electronic systems of Huntingdon Life Sciences. They were also convicted of Federal Internet Stalking and prison sentences range from one to six years.

Here’s the wording of the AETA law central to the Court’s ruling and the basis of unsuccessful constitutional free speech challenges:

(a) Offense- Whoever travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility of interstate or foreign commerce–

(1) for the purpose of damaging or interfering with the operations of an animal enterprise; and

(2) in connection with such purpose–

(A) intentionally damages or causes the loss of any real or personal property (including animals or records) used by an animal enterprise, or any real or personal property of a person or entity having a connection to, relationship with, or transactions with an animal enterprise;

(B) intentionally places a person in reasonable fear of the death of, or serious bodily injury to that person, a member of the immediate family (as defined in section 115) of that person, or a spouse or intimate partner of that person by a course of conduct involving threats, acts of vandalism, property damage, criminal trespass, harassment, or intimidation; or

(C) conspires or attempts to do so;

shall be punished as provided for in subsection (b).

If we can protect our pet stores (which are included in this statute) why won’t Congress protect the public and small businesses with similar legislation? Mobosphere attacks will become a thing of the past when that happens.

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