No, not another post about how legal scholars are into it. Via Adam Kotsko, I learn that anonymous blogging is a lot less legal than you probably thought.
The fine print of the Waste of The Supreme Court’s Valuable Time Waiting To Happen Act Violence Against Women and Department of Justice Reauthorization Act:
“Whoever…utilizes any device or software that can be used to originate telecommunications or other types of communications that are transmitted, in whole or in part, by the Internet… without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person…who receives the communications…shall be fined under title 18 or imprisoned not more than two years, or both.”
Given that for all x, such that x is a political opinion, there exists some y, such that y is a person who will be annoyed by x, hell I’d say it’s no longer legal even for the NY Times to post unsigned editorials on their website. I guess you can invoke some sort of doctrine of double effect here. But you get into a position in which it is legal, say, to intend to damage someone’s political career by criticizing them; but not legal to intend to annoy that person? Am I missing something here?
UPDATE: Comments inform me the Volokhs are already debating this. Sorry to have missed that. (I should read more blogs.) Kerr says it’s just a kerfuffle. Eugene V. says maybe it’s really a problem.