Legal Question in Technology Law in California

Re: Voice over IP

It's very, very doubtful. We have freedom of speech in this country under the First Amendment to the U.S. Constitution, and generally people can talk about whatever they want. The few restrictions on otherwise free speech are quite tightly limited in Supreme Court decisions. Certain direct threats of a very specific nature, advocating violent overthrow of the government and "terrorist threats" are examples.

The medium used generally doesn't make a difference; it can be a soap box in the park, a book you wrote and published, network TV or an internet post; the rules usually look at the content, not the medium of expression.

Re: Voice over IP

We would need more facts to give you a definite answer. I assist clients being harassed by others, and sometimes it includes threats of violence or inciting other to cause harm. There are specific criminal laws in many states regarding this type of activity over the Internet. If you are talking about a fictional story line its fine. If you are harassing someone you identify, then you crossed the line. Most of us don't confront it in our normal lives, but people are killed every day in this country and around the world and sometimes they are warned before hand, which is what you may be describing.

Re: Voice over IP

It's possible, but unlikely, that a threat made over a VOIP program could be a criminal act. More importantly, though, the statement might be used as evidence against you, if you're prosecuted for the threatened (or a similar) crime.