Comments on: Consent

By: Bryan

Bryan — Fri, 06 Oct 2006 16:54:32 +0000

While some states have specific laws about the Internet, I can’t think of a state that doesn’t have a telephone harassment law that can be used for all communications transmitted by wire. These laws are routinely used for annoying faxes, so the jump to e-mail is not a stretch. Some states call it harassment, others assault, but it is unwanted, offensive communications.

Many people skip the criminal law and sue in civil court over this type of behavior and if it takes place as part of employment there are sexual harassment regulations that come to the fore.

Because this is Congress, and Congress has a nasty habit of exempting itself from laws, the only real avenue open is a criminal complaint in the local jurisdiction of the receiver for adults. People don’t usually bother, but the laws are in place and available if people want to use them.

Since Foley identifies his location as Florida in some of the messages, he could be charged under a rather nasty Florida law if the Feds don’t prosecute.

The main reason these laws aren’t used is the problem of identifying the source of the e-mails. In this case, the source is known, so the prosecution could go forward.

By: EDDY

EDDY — Fri, 06 Oct 2006 16:00:27 +0000

I am still unclear as to what laws specifically may have been broken. I think the media in general has done a very poor job in explaining this and has thus left itself open for Republican spin and talking points to cloud the issue. Foley’s actions are inexcusable and disgusting but the Foley is a “pedophile’ meme is shot down by age of consent in DC. What are the specific laws reguarding sexually explict IMs and email’s and how does one prove that a page who participated in dirty chat did not consent to it? Is this really a case of sexual harrasment in the workplace?

By: Bryan

Bryan — Tue, 03 Oct 2006 01:34:15 +0000

Jim, there are a cyberstalking laws that would apply if it had been an adult instead of a child, and even if there were no Federal law, some of these messages originated in the state of Florida, which has some rather nasty laws about these sorts of things.

Many are calling for resignations, and that would be a very good move for the Republican Party, because this isn’t going away.

By: Jim

Jim — Tue, 03 Oct 2006 00:53:07 +0000

Bryan,

Thank you for pointing out an important distinction.

I concur that the core issue is the lack of consent. However, if Greenwald’s interpretation of the federal statute is correct, the fact that the page was under 18 makes Foley’s actions a federal crime.

On another note, one wonders if those who believed that Paula Jones suffered sexual harassment from then-Governor Clinton will be as quick to call for the resignations of those who covered up Mr. Foley’s crimes. (I shan’t hold my breath waiting for Ann Coulter to offer pro bono legal services for the page harassed by Mr. Foley.)