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Yesterday, the Supreme Court struck down a North Carolina law that banned registered sex offenders from using social media sites.It’s a rare treat to get a Supreme Court opinion delving into Internet content regulations, and as a bonus, this case enthusiastically embraces Internet exceptionalism. §14–202.5 makes it a felony for registered sex offenders to “access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages.” The definition of “commercial social networking” site has four attributes: * the site operator derives revenue (including ad revenue) * the site “facilitates the social introduction” of people * site users can create web pages or personal profiles * the site provides users a mechanism to communicate with each other The law excludes sites that (a) provide “only one of the following discrete services: photo-sharing, electronic mail, instant messenger, or chat room or message board platform,” or (b) have as their ‘primary purpose the facilitation of commercial transactions involving goods or services between [their] members or visitors.'” The law applies to 20,000 North Carolinans, and the state has prosecuted over 1,000 violators.
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Cyber cheating has rapidly grown to be a leading cause for divorce over the last decade Often, these activities start out innocently enough, but before long, the friendship becomes more flirtatious and eventually morphs into a full blown online relationship that takes an spouse's already waning attention away from his or her marriage.
While there are certain aspects of a physical affair, such as pregnancy and transmitting STDs, that aren't concerns with strictly emotional affairs, in all other aspects, both are considered equally devastating to relationships.
As Justice Alito’s concurrence says plainly, “Cyberspace is different from the physical world.” Whoa! The Supreme Court unanimously declares the NC statute unconstitutional.
Justice Kennedy wrote a five-judge majority opinion. Justice Kennedy says the law couldn’t survive intermediate scrutiny (if that’s even applicable instead of strict scrutiny) because it’s “unprecedented in the scope of First Amendment speech it burdens.” The state argued that the law was necessary to protect against sex offender recidivism, but the court says the law is much more restrictive than an analogous buffer zone in physical space.
Moreover, while carrying on a traditional physical extramarital relationship requires the participants to find time away from work and family for secret rendezvous, strictly online infidelity affords a cheating mate the ability to be in almost constant contact with multiple paramours, all while sitting right next to his or her unsuspecting spouse on the sofa.
Another problem with non-physical online relationships, phone sex and sexting is that there is no guarantee that the encounters will remain at a distance and that the two will never meet face to face.
I’ve learned the hard way that Gchat is a personal danger zone, a place where it’s all too easy to stretch the boundaries of appropriate flirting when I’m in a relationship IRL.
But what does appropriate even mean in Gchat terms, and how do you know you’ve crossed the line?
Experts predict the amount of texts sent in the UK will drop by 20 per cent in the next two years.
It comes as teenagers and students are increasingly using a Black Berry, instead of i Phones and other smartphones, because the device has a free BBM messenger.
It is free on Black Berry phones even for ‘pay and go’ customers and is used by 39million people across the world.