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"John H. Jordan" <[log in to unmask]>
Fri, 18 Aug 1995 17:27:54 -0400
text/plain (38 lines)
Kevin J. Sinclair writes....
>
>What happens if someone takes the telephone and does the equivalent of a
>spam?  What if they hooked the phone to their pc, and had it dial number
>after number, and play some kind of recording to each person that answered?
>To promote whatever drivel they have......
>....what are the consequences there?  It seems to me that if the
>situations are similar, the results should be similar.  I don't know much
>about these kind of laws but there ought to be some kind of harrassment
>laws out there...
 
Kevin, in New York state, according to the Penal Law, there would have to
be intent to harass, annoy, threaten or alarm another person by the
written communication that they sent.
 
:240.30 Aggravated harassment in the second degree.
:      A person is guilty of aggravated harassment in the second degree when,
:      with intent to harass, annoy, threaten or alarm another person, he
:      or she:
:      1. Communicates, or causes a communication to be initiated by
:         mechanical or electronic means or otherwise, with a person,
:         anonymously or otherwise, by telephone, or by telegraph, mail
:         or any other form of written communication, in a manner likely
:         to cause annoyance or alarm;
 
If we could prove that there was an intent to harass I would love to
make an arrest for spamming. I think that there is a need for legislation
in this area.  The example that you give of the computer dialing
telephone numbers would be illegal in New York state thanks to recent
legislation that bans mass computer dialings like that regardless of
the nature of the call.  Perhaps what is needed is legislation that
would specifically ban spamming and make it an offense.
 
John H. Jordan
UNIVPD-L listowner                                ///
http://www.acsu.buffalo.edu/~jjordan/           ( o o )
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