An Animated GIF is<< can be a Weapon

xoxoxoBruce · 03-26-2017, 12:52 PM

Quote:

A few days ago, we reported that a Twitter user named John Rivello had been arrested by the FBI in connection to a targeted harassment campaign that was being directed at Newsweek writer and Vanity Fair editor Kurt Eichenwald. Rivello had allegedly sent a specific GIF to Eichenwald (who has epilepsy) that caused him to have a seizure, and so Rivello—who was mad at Eichenwald for criticizing Donald Trump—suddenly found himself facing what could be the first ever criminal charge for using an image on the internet to inflict physical harm on someone.

Now, according to NBC News, a grand jury in Texas has just decided that the GIF in this case should be considered a deadly weapon, just like a gun or knife. That means Rivello is being charged with violating a federal cyberstalking law and for assault with a deadly weapon, and it just so happens that the weapon is an animated GIF. NBC News spoke with a cybersecurity expert who said that Rivello could try and claim a First Amendment defense, since this could theoretically start a slippery slope of banning art because it “upsets someone,” but that argument ignores the fact that Eichenwald was targeted like this because he has epilepsy.

Anyway, all of that is for the courts to decide now.

Link

Gravdigr · 03-26-2017, 01:15 PM

It was bound to happen.

sexobon · 03-26-2017, 01:45 PM

It'll boil down to motive, like mixing peanut butter into the food of someone you know is allergic to peanuts.

Other attacks via the sense of sight are already illegal. You can't shine a laser pointer into a moving vehicle. Shining one at; or, in the path of an aircraft in flight is even a federal crime.

The 1st Amendment won't be a viable defense for this any more that it is for yelling fire in a theater just for kicks.

xoxoxoBruce · 03-26-2017, 01:49 PM

Yeah but his cause was just (waving flag, jet flyover, fife and drums), the victim had dissed the grand imperial wizard.

sexobon · 03-26-2017, 01:53 PM

Maybe he'll get a Presidential pardon.

03-26-2017, 01:15 PM	#2
Gravdigr The Un-Tuckian Join Date: Apr 2007 Location: South Central...KY that is Posts: 39,517	It was bound to happen. __________________ These statements have not been evaluated by the FDA, EPA, FBI, DEA, CDC, or FDIC. These statements are not intended to diagnose, cause, treat, cure, or prevent any disease. If you feel you have been harmed/offended by, or, disagree with any of the above statements or images, please feel free to fuck right off.

03-26-2017, 01:49 PM	#4
xoxoxoBruce The future is unwritten Join Date: Oct 2002 Posts: 71,105	Yeah but his cause was just (waving flag, jet flyover, fife and drums), the victim had dissed the grand imperial wizard. __________________ The descent of man ~ Nixon, Friedman, Reagan, Trump.

03-26-2017, 01:45 PM	#3
sexobon I love it when a plan comes together. Join Date: Oct 2009 Posts: 9,793	It'll boil down to motive, like mixing peanut butter into the food of someone you know is allergic to peanuts. Other attacks via the sense of sight are already illegal. You can't shine a laser pointer into a moving vehicle. Shining one at; or, in the path of an aircraft in flight is even a federal crime. The 1st Amendment won't be a viable defense for this any more that it is for yelling fire in a theater just for kicks.

03-26-2017, 01:53 PM	#5
sexobon I love it when a plan comes together. Join Date: Oct 2009 Posts: 9,793	Maybe he'll get a Presidential pardon.

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