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Irish Legislator Proposes Law That Would Make Annoying People Online a Crime
An anonymous reader sends this report from TechDirt: Is Ireland looking to pass a law that would "outlaw ebooks and jail people for annoying others?" Well, no, not really, but that's the sort of unintended consequences that follow when laws are updated for the 21st century using little more than a word swap. Ireland has had long-standing laws against harassment via snail mail, telephones and (as of 2007) SMS messages. A 2014 report by the government's somewhat troublingly-named "Internet Content Governance Advisory Group" recommended updating this section of the law to cover email, social media and other internet-related transmissions. ... The broad language -- if read literally -- could make emailing an ebook to someone a criminal offense. Works of fiction are, by definition, false. ... It's the vestigial language from previous iterations of the law -- words meant to target scam artists and aggressive telemarketers -- that is problematic. Simply appending the words "electronic communications" to an old law doesn't address the perceived problem (cyberbullying is cited in the governance group's report). It just creates new problems.
Wait wait wait. If we are talking about little more than a word swap, wouldn't the standards that were previously applied to things like snail mail be the same for electronic communication? Has the law ever been used or interpreted to cover mailing a paperback fiction book counting?
This strikes me as going beyond a 'literal' interpretation of the law and goes well into the territory of taking serious liberties with the text and its interpretation. If all this is doing is extending existing laws for fraud and harassment to cover electronic transfers too, then looking to how those laws were applied by judges and lawyers would be a strong (if not outright binding) indicator of what the change actually means.