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In Arizona, Online Discourse May be Ordered Civil
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April 5, 2012, 05:38 PM
Join Date: Dec 2009
Location: Richmond, B.C.
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The telephone is, with rare exceptions, a means of communicating with a specific person or place. It is a tool meant to target a specific audience.
Applying the same standards to a mass-broadcast, one with an audience you can neither control nor anticipate, is illogical. More notably, online communication is persistent, meaning someone for whom the communication was never intended who comes across it long after it was originally released is given the same treatment.
That difference in the medium is significant. It's why slander laws and libel laws -- and the related defences -- are not identical.
That said, some acts of criminalization require legal repercussions. Civil court is only viable if the party involved has the resources to pursue a case, resources which in the digital era go well beyond a lawyer and into the area of cybersecurity. The other is the issue of stalking. And if you read the entire bill, the second section amends an anti-stalking piece of legislation.
Last edited by Galcobar; April 6, 2012 at
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