Reply #8: debunking some of the myths about this legislation [View All]

First, as has been pointed out, Bush doesn't pass bills. He signs them.

Second, the provision in question was a part of the Violence Against Women Reauthorization Act (VAWA) that was introduced in the House and Senate in the early summer of 2005. In the Senate, the bill (with the cyberstalking language) had around 60 co-sponsors, including 40 Democrats. In the House, two versions of the bill were introduced (both with the cyberstalking language), one with 108 co-sponsors and one with 133 co-sponsors. A majority of the co-sponsors were Democrats and included, among others, John Conyers and Barney Frank.

Third, the ACLU sent a letter to the Hill strongly endorsing the VAWA bill, and didn't mention any concerns about the cyberstalking language.

Fourth, the Senate considered the VAWA legislation as a stand alone bill and passed it unanimously in early October. A week prior to that, the House, while debating the DOJ appropriations bill, had added the VAWA language as an amendment (The addition of the VAWA language was not hidden -- it was discussed on the floor). The House then passed the DOJ approps bill (with the VAWA lanaguage, inlcuding cyberstalking language) by 415-4 (two repubs and two Democrats voting against).

Fifth, the Senate took up the DOJ bill (with VAWA) in December and passed it unanimously. Because it differed in some respects (and I don't know what those differences were or if they had anything to do with VAWA), the bill had to go back to the House, which then agreed to the Senate version unanimously. At that point, it went to the President for signature.

Frankly, I've read the provision a half dozen times and still can't tell for sure whether, in the context of the existing provisions of law, it is as dangerous as some seem to think. The fact that the ACLU didn't say boo about it when they endorsed VAWA suggests that maybe its not a 'sky is falling' measure. That said, I hate it when Congress tries to tackle tech issues 'cause they always screw it up.

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