Wednesday, December 16, 2009
MOVING...
MOVING MY BLOG... Now I'm going to have only one blog instead of the many that I have had up til now... The new location is http://jeffthomann.wordpress.com/
Friday, June 27, 2008
Please pray for Jon
My cousin Jon Thomann has been in the hospital the last week. He fell down a flight of concrete stairs and did some major damage to his head that required brain surgery. He has not fully become consious yet, but there are indications that he is becoming more active. This has been a trying time and has been hard on all of us.
Please pray for his recovery. If you would like to know more about his current situation, his girlfriend, parents and brother are keeping us all updated with this website/blog:
http://caringbridge.org/visit/jonthomann
If you would like to help out financially, there has been a new Support Fund recently set up. You may send checks to the
Jon Thomann and Family Support Fund
P.O. Box 1262
Columbia MO 65205-1262
For more information on the fund and its purpose, you may contact Cathi Harris at 573-220-6582.
Please pray for his recovery. If you would like to know more about his current situation, his girlfriend, parents and brother are keeping us all updated with this website/blog:
http://caringbridge.org/visit/jonthomann
If you would like to help out financially, there has been a new Support Fund recently set up. You may send checks to the
Jon Thomann and Family Support Fund
P.O. Box 1262
Columbia MO 65205-1262
For more information on the fund and its purpose, you may contact Cathi Harris at 573-220-6582.
Sunday, May 25, 2008
re: http://www.joystiq.com/2008/05/17/obesity-experts-frown-on-wii-fits-fatty-labeling-nintendo-apol/
I tried to post a response to http://www.joystiq.com/2008/05/17/obesity-experts-frown-on-wii-fits-fatty-labeling-nintendo-apol/
but this computer isn't working right, so here's my response... Not sure why the comment didn't add over there:
======
Yes, it's bad that the kid got insulted by the wii fit, but it's not the only type of insult that this thing throws out at you.... We bought the wii fit on Wednesday May 21st when it came out. I happened to have a friend at our house from Thursday May 22nd - Today... the friend was down from another state and was here to attend his brother's wedding this weekend. Anyways, the friend is a college kid that works at night and is used to some very odd hours... He usually goes to bed around 3AM- 5AM or so... so the last few nights I've been staying up hanging out with him. Part of that time I've been playing the wii fit balance games after 2AM to open up some more games since you seem to unlock a new game or level after every 10 or so experience points you get in the little electronic piggy bank thing in the game. Anyways, a couple of nights the wii board in the game said stuff to me like "sleep is good for your body" and it started asking me all sorts of weird questions about why I was up so late... My wife also said that at some point in time in the last few days while she was playing the game asked her to judge my posture and since she said it was good, it told her to tell me that at some point in time... This thing is like a real physical trainer in some ways and I think they tried to build a motherly sort of attitude in to it's ai. Also, I ate a bit of junk food and gained 1 lb in this late night craziness... the wii asked me why I gained the lb and gave options like eating late at night, excercising less, and several other options I can't remember at the time. It is based on BMI so it's not totally fair since BMI isn't fair, but I do think it is a good game and it gives you incentive to think about your diet and activity levels more...
As far as the new law in Missouri goes, I've been following that - I don't think it'll apply to video games, but then again, it's worded so weirdly it might. It also might apply to any horror movie shown to anyone, or even a Stephen King book!!!!
There's several Missouri laws dealing with cyber crime and stuff that are new and they are very dangerous...
First one deals with harrassment. This is the main one that goes in to effect in August:
http://www.house.mo.gov/billtracking/bills081/biltxt/intro/HB1505I.htm
That one makes it a possible felony for horror movies, prank calls or anything written or spoken to now be a felony if a child is on the receiving end. It could even make bill collectors felons if people that are filing for bankruptcy make their kids answer the phone... Also makes it a possible felony to cuss online in emails or use "coarse language offensive to a person of average sensibility;" - that sort of language is super wide to interpretation.
Oh yeah, forgot to mention, this one also does away completely with the right to illegal search and seizure... "Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section." In other words, a cop can arrest anyone at any time for any reason if that person... because potentially anyone can own a cell phone, have a piece of paper that they wrote something harassing on or have access to a computer or phone that could have been used to intimidate anyone... scary stuff... I believe this will lead to some major lawsuits, and hopefully this law will eventually be found to be unconstitutional.
Second one deals with sexual offenders:
http://www.senate.mo.gov/08info/BTS_Web/Bill.aspx?SessionType=R&BillID=193
This one makes sex offenders release even more information than they currently have to release including online identifying info (which I'm guessing is stuff like email addresses and forum user names?) and gives the highway patrol the right to sell that info to the highest bidder...and does away with the rights of the offender on the list to do anything about that...
"Any business complying with these provisions in good faith shall be immune from any civil or criminal liability resulting from: 1) refusing to provide services to a person because the entity believed the person was required to register as a sex offender; 2) a person's criminal or tortious acts, when the person is a register sex offender who has complied with the registration requirements, and committed the acts against a minor using the business's services or system; or 3) any activity for which the entity would be immune from liability under federal law for blocking or screening of offensive material." In other words, it lets the people paying money to the high way patrol get around the federal right to not be discriminated against:
http://www.eeoc.gov/facts/qanda.html
"The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on conduct to include discrimination based on sexual orientation."
Third one creates a cyber crime unit:
http://www.senate.mo.gov/08info/BTS_Web/Bill.aspx?SessionType=R&BillID=27411
This one seems to make officers of the law need less training on race profiling, changing it from annually to once every three years.. and also changes some of the ways warrents are done and the way that money is used in relation to cybercrimes... it basically creates a cyber crime unit so that that unit can look more in to the matters listed in the above two laws... and start enforcing them more, even though, in my view, those two laws are really unconstitutional.
but this computer isn't working right, so here's my response... Not sure why the comment didn't add over there:
======
Yes, it's bad that the kid got insulted by the wii fit, but it's not the only type of insult that this thing throws out at you.... We bought the wii fit on Wednesday May 21st when it came out. I happened to have a friend at our house from Thursday May 22nd - Today... the friend was down from another state and was here to attend his brother's wedding this weekend. Anyways, the friend is a college kid that works at night and is used to some very odd hours... He usually goes to bed around 3AM- 5AM or so... so the last few nights I've been staying up hanging out with him. Part of that time I've been playing the wii fit balance games after 2AM to open up some more games since you seem to unlock a new game or level after every 10 or so experience points you get in the little electronic piggy bank thing in the game. Anyways, a couple of nights the wii board in the game said stuff to me like "sleep is good for your body" and it started asking me all sorts of weird questions about why I was up so late... My wife also said that at some point in time in the last few days while she was playing the game asked her to judge my posture and since she said it was good, it told her to tell me that at some point in time... This thing is like a real physical trainer in some ways and I think they tried to build a motherly sort of attitude in to it's ai. Also, I ate a bit of junk food and gained 1 lb in this late night craziness... the wii asked me why I gained the lb and gave options like eating late at night, excercising less, and several other options I can't remember at the time. It is based on BMI so it's not totally fair since BMI isn't fair, but I do think it is a good game and it gives you incentive to think about your diet and activity levels more...
As far as the new law in Missouri goes, I've been following that - I don't think it'll apply to video games, but then again, it's worded so weirdly it might. It also might apply to any horror movie shown to anyone, or even a Stephen King book!!!!
There's several Missouri laws dealing with cyber crime and stuff that are new and they are very dangerous...
First one deals with harrassment. This is the main one that goes in to effect in August:
http://www.house.mo.gov/billtracking/bills081/biltxt/intro/HB1505I.htm
That one makes it a possible felony for horror movies, prank calls or anything written or spoken to now be a felony if a child is on the receiving end. It could even make bill collectors felons if people that are filing for bankruptcy make their kids answer the phone... Also makes it a possible felony to cuss online in emails or use "coarse language offensive to a person of average sensibility;" - that sort of language is super wide to interpretation.
Oh yeah, forgot to mention, this one also does away completely with the right to illegal search and seizure... "Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section." In other words, a cop can arrest anyone at any time for any reason if that person... because potentially anyone can own a cell phone, have a piece of paper that they wrote something harassing on or have access to a computer or phone that could have been used to intimidate anyone... scary stuff... I believe this will lead to some major lawsuits, and hopefully this law will eventually be found to be unconstitutional.
Second one deals with sexual offenders:
http://www.senate.mo.gov/08info/BTS_Web/Bill.aspx?SessionType=R&BillID=193
This one makes sex offenders release even more information than they currently have to release including online identifying info (which I'm guessing is stuff like email addresses and forum user names?) and gives the highway patrol the right to sell that info to the highest bidder...and does away with the rights of the offender on the list to do anything about that...
"Any business complying with these provisions in good faith shall be immune from any civil or criminal liability resulting from: 1) refusing to provide services to a person because the entity believed the person was required to register as a sex offender; 2) a person's criminal or tortious acts, when the person is a register sex offender who has complied with the registration requirements, and committed the acts against a minor using the business's services or system; or 3) any activity for which the entity would be immune from liability under federal law for blocking or screening of offensive material." In other words, it lets the people paying money to the high way patrol get around the federal right to not be discriminated against:
http://www.eeoc.gov/facts/qanda.html
"The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on conduct to include discrimination based on sexual orientation."
Third one creates a cyber crime unit:
http://www.senate.mo.gov/08info/BTS_Web/Bill.aspx?SessionType=R&BillID=27411
This one seems to make officers of the law need less training on race profiling, changing it from annually to once every three years.. and also changes some of the ways warrents are done and the way that money is used in relation to cybercrimes... it basically creates a cyber crime unit so that that unit can look more in to the matters listed in the above two laws... and start enforcing them more, even though, in my view, those two laws are really unconstitutional.
Friday, May 16, 2008
Cloning
http://www.moga.mo.gov/const/a03038d.htm
Last year the Constitution of Missouri was changed to allow cloning while also banning cloning.... Huh, you may ask... Here's what it says:
Yes, you read that right, it says, no person may clone or attempt to clone a human being....
What the heck is a blastocyst you might ask... keep reading...
Ok... so a Blastocyst is a mass of cells that results from a clone that has not been implanted in a uterus...
hmmm... interesting...
What is somotic cell nuclear transfer?
According to the latest on wikipedia:
http://en.wikipedia.org/wiki/Somatic_cell_nuclear_transfer
In genetics and developmental biology, somatic cell nuclear transfer (SCNT) is a laboratory technique for creating an ovum with a donor nucleus (see process below). It can be used in embryonic stem cell research, or in regenerative medicine where it is sometimes referred to as "therapeutic cloning." It can also be used as the first step in the process of reproductive cloning.
Wikipedia's Process part of that says:
In SCNT the nucleus, which contains the organism's DNA, of a somatic cell (a body cell other than a sperm or egg cell) is removed and the rest of the cell discarded. At the same time, the nucleus of an egg cell is removed. The nucleus of the somatic cell is then inserted into the enucleated egg cell. After being inserted into the egg, the somatic cell nucleus is reprogrammed by the host cell. The egg, now containing the nucleus of a somatic cell, is stimulated with a shock and will begin to divide. After many mitotic divisions in culture, this single cell forms a blastocyst (an early stage embryo with about 100 cells) with almost identical DNA to the original organism.
In other words, a blastocyst is a human clone!
This is a ridiculous amendment to the Constitution. It says that all cloning is illegal but then defines cloning and says that it's legal... That's like saying you cannot speed on the highway but as long as you don't see any speed limit signs because you tore them all down or spray painted them out there is no such thing as a speed limit. This is a dangerous slippery slope. It does not honor human life and defines the smallest part of humanity as non-human... That's dangerous. It can lead to a bad slippery slope effect. It's probably, if this kind of thing keeps up, just a matter of time until elderly are considered non-human and subject to experimentation too since they are not working so are unproductive parts of our economy... maybe the sick will eventually be considered non-human too if this keeps going... I forsee a future where you have the flu and go to the Doctor, the Dr. pulls out his scapel and says, "You are sick - so what, the rich guy over in the white house needs a new heart and yours is working you piece of non-human biological ooze," as he proceeds to start hacking away at your chest after chaining you down on the bed his nurse made you lay down in... Humans deserve rights, even those that haven't been born yet.
Last year the Constitution of Missouri was changed to allow cloning while also banning cloning.... Huh, you may ask... Here's what it says:
Stem cell research--title of law--permissible research--violations, penalty--report required, when--prohibited acts--definitions.
Section 38(d). 1. This section shall be known as the "Missouri Stem Cell Research and Cures Initiative."
2. To ensure that Missouri patients have access to stem cell therapies and cures, that Missouri researchers can conduct stem cell research in the state, and that all such research is conducted safely and ethically, any stem cell research permitted under federal law may be conducted in Missouri, and any stem cell therapies and cures permitted under federal law may be provided to patients in Missouri, subject to the requirements of federal law and only the following additional limitations and requirements:
(1) No person may clone or attempt to clone a human being.
Yes, you read that right, it says, no person may clone or attempt to clone a human being....
(2) No human blastocyst may be produced by fertilization solely for the purpose of stem cell research.
(3) No stem cells may be taken from a human blastocyst more than fourteen days after cell division begins; provided, however, that time during which a blastocyst is frozen does not count against the fourteen- day limit.
What the heck is a blastocyst you might ask... keep reading...
(4) No person may, for valuable consideration, purchase or sell human blastocysts or eggs for stem cell research or stem cell therapies and cures.
(5) Human blastocysts and eggs obtained for stem cell research or stem cell therapies and cures must have been donated with voluntary and informed consent, documented in writing.
(6) Human embryonic stem cell research may be conducted only by persons that, within 180 days of the effective date of this section or otherwise prior to commencement of such research, whichever is later, have
(a) provided oversight responsibility and approval authority for such research to an embryonic stem cell research oversight committee whose membership includes representatives of the public and medical and scientific experts;
(b) adopted ethical standards for such research that comply with the requirements of this section; and
(c) obtained a determination from an Institutional Review Board that the research complies with all applicable federal statutes and regulations that the Institutional Review Board is responsible for administering.
(7) All stem cell research and all stem cell therapies and cures must be conducted and provided in accordance with state and local laws of general applicability, including but not limited to laws concerning scientific and medical practices and patient safety and privacy, to the extent that any such laws do not (i) prevent, restrict, obstruct, or discourage any stem cell research or stem cell therapies and cures that are permitted by the provisions of this section other than this subdivision (7) to be conducted or provided, or (ii) create disincentives for any person to engage in or otherwise associate with such research or therapies and cures.
3. Any person who knowingly and willfully violates in this state subdivision (1) of subsection 2 of this section commits a crime and shall be punished by imprisonment for a period of up to fifteen years or by the imposition of a fine of up to two hundred fifty thousand dollars, or by both. Any person who knowingly and willfully violates in this state subdivisions (2) or (3) of subsection 2 of this section commits a crime and shall be punished by imprisonment for a period of up to ten years or by the imposition of a fine of up to one hundred thousand dollars, or by both. A civil action may be brought against any person who knowingly and willfully violates in this state any of subdivisions (1) through (6) of subsection 2 of this section, and the state in such action shall be entitled to a judgment recovering a civil penalty of up to fifty thousand dollars per violation, requiring disgorgement of any financial profit derived from such violation, and/or enjoining any further such violation. The attorney general shall have the exclusive right to bring a civil action for such violation. Venue for such action shall be the county in which the alleged violation occurred.
4. Each institution, hospital, other entity, or other person conducting human embryonic stem cell research in the state shall (i) prepare an annual report stating the nature of the human embryonic stem cells used in, and the purpose of, the research conducted during the prior calendar year, and certifying compliance with subdivision (6) of subsection 2 of this section; and (ii) no later than June 30 of the subsequent year, make such report available to the public and inform the Secretary of State how the public may obtain copies of or otherwise gain access to the report. The report shall not contain private or confidential medical, scientific, or other information. Individuals conducting research at an institution, hospital, or other entity that prepares and makes available a report pursuant to this subsection 4 concerning such research are not required to prepare and make available a separate report concerning that same research. A civil action may be brought against any institution, hospital, other entity, or other person that fails to prepare or make available the report or inform the Secretary of State how the public may obtain copies of or otherwise gain access to the report, and the state in such action shall be entitled as its sole remedy to an affirmative injunction requiring such institution, hospital, other entity, or other person to prepare and make available the report or inform the Secretary of State how the public may obtain or otherwise gain access to the report. The attorney general shall have the exclusive right to bring a civil action for such violation.
5. To ensure that no governmental body or official arbitrarily restricts funds designated for purposes other than stem cell research or stem cell therapies and cures as a means of inhibiting lawful stem cell research or stem cell therapies and cures, no state or local governmental body or official shall eliminate, reduce, deny, or withhold any public funds provided or eligible to be provided to a person that (i) lawfully conducts stem cell research or provides stem cell therapies and cures, allows for such research or therapies and cures to be conducted or provided on its premises, or is otherwise associated with such research or therapies and cures, but (ii) receives or is eligible to receive such public funds for purposes other than such stem cell-related activities, on account of, or otherwise for the purpose of creating disincentives for any person to engage in or otherwise associate with, or preventing, restricting, obstructing, or discouraging, such stem cell-related activities.
6. As used in this section, the following terms have the following meanings:
(1) "Blastocyst" means a small mass of cells that results from cell division, caused either by fertilization or somatic cell nuclear transfer, that has not been implanted in a uterus.
Ok... so a Blastocyst is a mass of cells that results from a clone that has not been implanted in a uterus...
hmmm... interesting...
What is somotic cell nuclear transfer?
According to the latest on wikipedia:
http://en.wikipedia.org/wiki/Somatic_cell_nuclear_transfer
In genetics and developmental biology, somatic cell nuclear transfer (SCNT) is a laboratory technique for creating an ovum with a donor nucleus (see process below). It can be used in embryonic stem cell research, or in regenerative medicine where it is sometimes referred to as "therapeutic cloning." It can also be used as the first step in the process of reproductive cloning.
Wikipedia's Process part of that says:
In SCNT the nucleus, which contains the organism's DNA, of a somatic cell (a body cell other than a sperm or egg cell) is removed and the rest of the cell discarded. At the same time, the nucleus of an egg cell is removed. The nucleus of the somatic cell is then inserted into the enucleated egg cell. After being inserted into the egg, the somatic cell nucleus is reprogrammed by the host cell. The egg, now containing the nucleus of a somatic cell, is stimulated with a shock and will begin to divide. After many mitotic divisions in culture, this single cell forms a blastocyst (an early stage embryo with about 100 cells) with almost identical DNA to the original organism.
In other words, a blastocyst is a human clone!
(2) "Clone or attempt to clone a human being" means to implant in a uterus or attempt to implant in a uterus anything other than the product of fertilization of an egg of a human female by a sperm of a human male for the purpose of initiating a pregnancy that could result in the creation of a human fetus, or the birth of a human being.
(3) "Donated" means donated for use in connection either with scientific or medical research or with medical treatment.
(4) "Fertilization" means the process whereby an egg of a human female and the sperm of a human male form a zygote (i.e., fertilized egg).
(5) "Human embryonic stem cell research," also referred to as "early stem cell research," means any scientific or medical research involving human stem cells derived from in vitro fertilization blastocysts or from somatic cell nuclear transfer. For purposes of this section, human embryonic stem cell research does not include stem cell clinical trials.
(6) "In vitro fertilization" means fertilization of an egg with a sperm outside the body.
(7) "Institutional Review Board" means a specially constituted review board established and operating in accordance with federal law as set forth in 42 U.S.C. 289, 45 C.F.R. Part 46, and any other applicable federal statutes and regulations, as amended from time to time.
(8) "Permitted under federal law" means, as it relates to stem cell research and stem cell therapies and cures, any such research, therapies, and cures that are not prohibited under federal law from being conducted or provided, regardless of whether federal funds are made available for such activities.
(9) "Person" means any natural person, corporation, association, partnership, public or private institution, or other legal entity.
(10) "Private or confidential medical, scientific, or other information" means any private or confidential patient, medical, or personnel records or matters, intellectual property or work product, whether patentable or not and including but not limited to any scientific or technological innovations in which an entity or person involved in the research has a proprietary interest, prepublication scientific working papers, research, or data, and any other matter excepted from disclosure under Chapter 610, RSMo, as amended from time to time.
(11) "Solely for the purpose of stem cell research" means producing human blastocysts using in vitro fertilization exclusively for stem cell research, but does not include producing any number of human blastocysts for the purpose of treating human infertility.
(12) "Sperm" means mature spermatozoa or precursor cells such as spermatids and spermatocytes.
(13) "Stem cell" means a cell that can divide multiple times and give rise to specialized cells in the body, and includes but is not limited to the stem cells generally referred to as (i) adult stem cells that are found in some body tissues (including but not limited to adult stem cells derived from adult body tissues and from discarded umbilical cords and placentas), and (ii) embryonic stem cells (including but not limited to stem cells derived from in vitro fertilization blastocysts and from cell reprogramming techniques such as somatic cell nuclear transfer).
(14) "Stem cell clinical trials" means federally regulated clinical trials involving stem cells and human subjects designed to develop, or assess or test the efficacy or safety of, medical treatments.
(15) "Stem cell research" means any scientific or medical research involving stem cells. For purposes of this section, stem cell research does not include stem cell clinical trials.
(16) "Stem cell therapies and cures" means any medical treatment that involves or otherwise derives from the use of stem cells, and that is used to treat or cure any disease or injury. For purposes of this section, stem cell therapies and cures does include stem cell clinical trials.
(17) "Valuable consideration" means financial gain or advantage, but does not include reimbursement for reasonable costs incurred in connection with the removal, processing, disposal, preservation, quality control, storage, transfer, or donation of human eggs, sperm, or blastocysts, including lost wages of the donor. Valuable consideration also does not include the consideration paid to a donor of human eggs or sperm by a fertilization clinic or sperm bank, as well as any other consideration expressly allowed by federal law.
7. The provisions of this section and of all state and local laws, regulations, rules, charters, ordinances, and other governmental actions shall be construed in favor of the conduct of stem cell research and the provision of stem cell therapies and cures. No state or local law, regulation, rule, charter, ordinance, or other governmental action shall (i) prevent, restrict, obstruct, or discourage any stem cell research or stem cell therapies and cures that are permitted by this section to be conducted or provided, or (ii) create disincentives for any person to engage in or otherwise associate with such research or therapies and cures.
8. The provisions of this section are self-executing. All of the provisions of this section are severable. If any provision of this section is found by a court of competent jurisdiction to be unconstitutional or unconstitutionally enacted, the remaining provisions of this section shall be and remain valid.
This is a ridiculous amendment to the Constitution. It says that all cloning is illegal but then defines cloning and says that it's legal... That's like saying you cannot speed on the highway but as long as you don't see any speed limit signs because you tore them all down or spray painted them out there is no such thing as a speed limit. This is a dangerous slippery slope. It does not honor human life and defines the smallest part of humanity as non-human... That's dangerous. It can lead to a bad slippery slope effect. It's probably, if this kind of thing keeps up, just a matter of time until elderly are considered non-human and subject to experimentation too since they are not working so are unproductive parts of our economy... maybe the sick will eventually be considered non-human too if this keeps going... I forsee a future where you have the flu and go to the Doctor, the Dr. pulls out his scapel and says, "You are sick - so what, the rich guy over in the white house needs a new heart and yours is working you piece of non-human biological ooze," as he proceeds to start hacking away at your chest after chaining you down on the bed his nurse made you lay down in... Humans deserve rights, even those that haven't been born yet.
Cyberbully
http://www.house.mo.gov/billtracking/bills081/biltxt/intro/HB1505I.htm
This is Missouri's new "Cyberbully" law. It was brought in to being based on the now worldwide news about a girl that hung herself after a girl down the street from her had her mother create a false myspace account and harass the girl to the killed herself to the point that she finally committed suicide. While a good idea morally, this law really sucks since it hurts free speech, privacy rights, and even the right to not be searched without a warrent.
Bomb theats have always been illegal, this law makes them potentially even more illegal and a felony if the person on the recieving end of the call is a minor and the person making the call is age 21 or older.
I guess this means that this law also makes it illegal to do any sort of prank calls at all if the receiver, especially if the reciever is a minor and the sender is an adult over age 21. However, this goes much, much further though since any use of course language can be considered to be covered as long as receiving end of call, email, or other writing sees it as an intent to frighten or disturb... In other words, if a collection agency calls you and you see it as disturbing, you can get them with this law... but be careful though, if you respond to them and are vulgar in any way or threaten them with threats to go to bbb, atorney general or any other threats that they may see as frigtening, you could get busted under this law... This law might even make it illegal to send any capitalized words in emails at work since that could be considered "yelling" and course language. This thing totally does away with free speech more or less.... It also might make horror movies illegal since they are a method of scaring people...
In other words, anyone who hides their caller id in anyway could be breaking the law under this... especially if the receiver is a kid and receiver sees the call as frightening -- something many kids find with any call from anyone they don't know thanks to movies like Scream, the Ring, and I know what you did last summer... so if you mess up and accidentally misdial a phone sometime, you may have just performed a felony under this law!
Hope you don't have a redialer... if you redialed that kid you accidentally dialed to in the paragraph above, you just made yourself more of a felon under this law...
This is Missouri's new "Cyberbully" law. It was brought in to being based on the now worldwide news about a girl that hung herself after a girl down the street from her had her mother create a false myspace account and harass the girl to the killed herself to the point that she finally committed suicide. While a good idea morally, this law really sucks since it hurts free speech, privacy rights, and even the right to not be searched without a warrent.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 565.090 and 565.225, RSMo, are repealed and three new sections enacted in lieu thereof, to be known as sections 565.090, 565.091, and 565.225, to read as follows:
565.090. 1. A person commits the crime of harassment if for the purpose of frightening or disturbing another person, he
(1) Communicates in writing or by telephone a threat to commit any felony; or
Bomb theats have always been illegal, this law makes them potentially even more illegal and a felony if the person on the recieving end of the call is a minor and the person making the call is age 21 or older.
(2) Makes a telephone call or communicates in writing and uses coarse language offensive to one of average sensibility; or
I guess this means that this law also makes it illegal to do any sort of prank calls at all if the receiver, especially if the reciever is a minor and the sender is an adult over age 21. However, this goes much, much further though since any use of course language can be considered to be covered as long as receiving end of call, email, or other writing sees it as an intent to frighten or disturb... In other words, if a collection agency calls you and you see it as disturbing, you can get them with this law... but be careful though, if you respond to them and are vulgar in any way or threaten them with threats to go to bbb, atorney general or any other threats that they may see as frigtening, you could get busted under this law... This law might even make it illegal to send any capitalized words in emails at work since that could be considered "yelling" and course language. This thing totally does away with free speech more or less.... It also might make horror movies illegal since they are a method of scaring people...
(3) Makes a telephone call anonymously; or
In other words, anyone who hides their caller id in anyway could be breaking the law under this... especially if the receiver is a kid and receiver sees the call as frightening -- something many kids find with any call from anyone they don't know thanks to movies like Scream, the Ring, and I know what you did last summer... so if you mess up and accidentally misdial a phone sometime, you may have just performed a felony under this law!
(4) Makes repeated telephone calls.
Hope you don't have a redialer... if you redialed that kid you accidentally dialed to in the paragraph above, you just made yourself more of a felon under this law...
2. Harassment is a class A misdemeanor unless committed by an adult against a child, in which case, it is a class D felony.
3. As used in this section, the following terms shall mean:
(1) "Adult", any person twenty-one years of age or older;
(2) "Child", any person under seventeen years of age.
565.091. 1. A person commits the crime of cyber harassment if, for the purpose of frightening or disturbing another person, he or she transmits or causes the transmission of an electronic communication, or knowingly permits an electronic communication to be transmitted to another person from an electronic communications device under his or her control:
(1) Using coarse language offensive to a person of average sensibility;
(2) Anonymously or repeatedly whether or not conversation occurs; or
(3) Threatens to commit any felony.
2. No person shall make or cause to be made an electronic communication, or permit an electronic communication to be made from an electronic communications device under the person's control, with the intent to frighten or disturb any other person in any manner described in this section either by the direct action of the person initiating the communication or through the actions of a third party, which third party actions are instigated, initiated, prompted, or brought about by the person's communication.
3. Any offense committed under this section may be deemed to have been committed either at the place from which the communication was made or at the place where the communication was received.
4. As used in this section, the following terms shall mean:
(1) "Adult", any person twenty-one years of age or older;
(2) "Child", any person under seventeen years of age.
(3) "Electronic communications", the origination, emission, dissemination, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence of intelligence of any nature over any communications system by any method, including, but not limited to, a fiber optic, electronic, magnetic, optical, digital, or analog method. Such electronic communications shall include, but not be limited to electronic mail, Internet-based communications, pager service, and electronic text messaging;
(4) "Electronic communications device", any instrument, equipment, machine, or other device that facilitates telecommunication, including, but not limited to, a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem, or device that enables the use of a modem.
5. Cyber harassment is a class A misdemeanor unless committed by an adult against a child, in which case, it is a class D felony.
565.225. 1. As used in this section, the following terms shall mean:
(1) "Adult", any person twenty-one years of age or older;
(2) "Child", any person under seventeen years of age;
(3) "Course of conduct", a pattern of conduct composed of a series of acts, which may include electronic or other communications, over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct". Such constitutionally protected activity includes picketing or other organized protests;
[(2)] (4) "Credible threat", a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause physical injury to, a person and may include a threat communicated to the targeted person in writing, including electronic communications, by telephone, or by the posting of a site or message that is accessible via computer;
[(3)] (5) "Electronic communications", the origination, emission, dissemination, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence of intelligence of any nature over any communications system by any method, including, but not limited to, a fiber optic, electronic, magnetic, optical, digital, or analog method. Such electronic communications shall include, but not be limited to electronic mail, Internet-based communications, pager service, and electronic text messaging;
(6) "Harasses", to engage in a course of conduct [directed at a specific person] that serves no legitimate purpose, that would cause a reasonable person to suffer substantial emotional distress, and that actually causes substantial emotional distress to [that] a person.
2. Any person who purposely and repeatedly harasses or follows with the intent of harassing another person commits the crime of stalking.
3. Any person who purposely and repeatedly harasses or follows with the intent of harassing or harasses another person, and makes a credible threat with the intent to place that person in reasonable fear of death or serious physical injury, commits the crime of aggravated stalking.
4. The crime of stalking shall be a class A misdemeanor for the first offense unless such crime is committed by an adult against a child, in which case, it is a class D felony. A second or subsequent offense within five years of a previous finding or plea of guilt against any victim shall be a class D felony unless such crime is a second or subsequent offense by an adult against a child, in which case, it is a class C felony.
5. The crime of aggravated stalking shall be a class D felony for the first offense. A second or subsequent offense within five years of a previous finding or plea of guilt against any victim shall be a class C felony.
6. Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.
No candy or treats at this residence
I'm starting this blog because I'm an avid believer in people's rights to free speech, right to privacy, and a believer that laws should be just. In recent months I have noticed oddball laws in the State of Missouri. I understand why some of these exist, but don't necessarily agree with some of them since they put strange restrictions on people or things that people do. Take this for instance:
http://www.senate.mo.gov/08info/BTS_Web/Bill.aspx?SessionType=R&BillID=193
In Missouri, a sex offender is anyone that is put on to the state's sex offender list. I'm not on the list, and probably never will be, but based on what I've read and/or heard about those that can get on to that list include those that some other states would never consider putting on such a list because the qualifiers to get on the list are insanely, well, insane in some cases...
...Anyways, I guess anyone who's on that list can never go to a Halloween party again? Wait, would a party be a "just cause?"... Hey, isn't All Hallow Even the eve of All Saint's Day?... i.e. what used to be the Vigil of All Saints and All Souls Day... something that some might consider a holy day. I don't think it's a Holy Day of obligation... but wouldn't this law come close to crossing the lines of state and church, not to mention privacy laws? Is sitting inside of a house watching a tv show with kids on it or surfing the internet, or even just logging on to a mmorpg (massively multiplayer online role playing game) considered a "Halloween-related contact with children"... I know that when I used to play Entropia my character got a pumpkin head mask for logging on the week of Haloween. If someone on the sex offender registry did something like that would they be breaking the law? If so, how the heck is that enforcible? What about that letter thing... are cops going to visit each house on the offenders list and look for the letter posting and that the lights are out outside? What if some kid pulls a prank and yanks the sign down before the cop shows up????...
http://www.senate.mo.gov/08info/BTS_Web/Bill.aspx?SessionType=R&BillID=193
Section 589.426
This act restricts certain activities of sex offenders on Halloween. They are required to avoid all Halloween-related contact with children, remain inside his or her residence between 5 and 10:30 p.m. unless there is just cause to leave, post a sign stating, "No candy or treats at this residence", and leave all outside residential lighting off during the evening hours.
In Missouri, a sex offender is anyone that is put on to the state's sex offender list. I'm not on the list, and probably never will be, but based on what I've read and/or heard about those that can get on to that list include those that some other states would never consider putting on such a list because the qualifiers to get on the list are insanely, well, insane in some cases...
...Anyways, I guess anyone who's on that list can never go to a Halloween party again? Wait, would a party be a "just cause?"... Hey, isn't All Hallow Even the eve of All Saint's Day?... i.e. what used to be the Vigil of All Saints and All Souls Day... something that some might consider a holy day. I don't think it's a Holy Day of obligation... but wouldn't this law come close to crossing the lines of state and church, not to mention privacy laws? Is sitting inside of a house watching a tv show with kids on it or surfing the internet, or even just logging on to a mmorpg (massively multiplayer online role playing game) considered a "Halloween-related contact with children"... I know that when I used to play Entropia my character got a pumpkin head mask for logging on the week of Haloween. If someone on the sex offender registry did something like that would they be breaking the law? If so, how the heck is that enforcible? What about that letter thing... are cops going to visit each house on the offenders list and look for the letter posting and that the lights are out outside? What if some kid pulls a prank and yanks the sign down before the cop shows up????...
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