Hmm... perhaps what we need to update are not speech/expression principles but assault principles. Could we define a behavior like sea-lioning with enough precision to draw a "now you can call the cops for e-assault" level of aggression?
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SWATing gets ppl killed and endangers police officers and usually emanates from online feuds, doxxing and stalking. This seems like a good candidate for a 5-10 year felony, upgraded to 25 to life if someone dies or gets hurt
What the current penalty for making a false police report/reckless endangerment? I’m assuming pre-Internet things like false bomb scares have set precedents here.
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State laws vary significantly in the definitions of reckless homicide, endangerment and culpability and when these statutes apply is partly case law and partly prosecutor’s discretion. Lying to an FBI agent is a 5 year felony.
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That seems likely to get strengthened soon. Things like a big twitter user sending online troll mobs at someone who disagrees, leading to doxxing, rape threats... that’s going to be harder to police.
End of conversation
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