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If Arizona’s HB 2549 Is Signed, State-Based Porn Bloggers Would Be Subject to Arrest

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PHOENIX – from www.azstarnet.com – State lawmakers gave final approval Monday to legislation designed to update stalking statutes – but not before removing language that alarmed some free-speech advocates.

The version of HB 2549 going to Gov. Jan Brewer makes it a crime to use an electronic communication to terrify, intimidate, threaten or harass a specific person or person. That replaces existing laws that mention only the use of a telephone, language that prosecutors said failed to keep up with technology.

But legislators narrowed what had been the original definition, which would have included messages posted on Facebook pages and even Twitter posts. Instead, it covers only telephones, whether wired or wireless, as well as text messages, instant messages and electronic mail.

The final version of the bill no longer includes language that would also have made it a crime to annoy or offend anyone. And lawmakers added verbiage that nothing in the law applies to “constitutionally protected speech or activity,” or any other activity specifically authorized by law.

Another change agreed to by Rep. Ted Vogt, R-Tucson, the sponsor of the legislation, deals with anonymous phone calls.

Existing law makes such anonymous calls a crime if they disturb the peace, quiet or right of privacy of the recipient. The new law extends that to emails and other electronic communications – but only if they are unwanted or unsolicited.

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