...it's generally the unreasonable and the truly contentious and annoying who will be the first to claim damage under this law.
Perhaps you're just a site admin following the code of conduct on a site. There is a post that violates the communities standards and is removed or merely just moved to the appropriate board.
But now the poster is incensed and claims you are harassing them. He/she posts messages about how you are trampling on his 1st amendment rights etc. You make posts where in you try to explain the rules/standards of the community. But now the poster is claiming that your mail annoys him and demands to know who you are. You know you are dealing with a nut-job and are afraid of telling him, so you don't. Now you are in violation of the law because he's annoyed by your posts and you won't tell him who you are.
In my past, many years ago, I ran a forum on AOL for about 7 years. It was a creative forum. There was this individual who continually posted harassing and insulting emails in response to other member?s creative attempts. These posts weren't constructive criticism, they were insults (i.e. You're stupid. You'll never be any good at writing. You suck. And the like) IT was clear violation of AOL's policies and the forums posting guidelines. His posts were removed and he was sent an email explaining why.
Next thing I know I am inundated by email calling me all sorts of names and accusing me of violating his rights. He wanted my name, and wanted to meet me so we could "settle this". He flew down to VA and went to AOL's HQ with a dossier of documents (all tirades about me) and demanded to meet Steve Case to discuss it with him.
Needless to say, I am very glad this person never discovered who I am.
In another case, over dispute of the "rules" of the forum, (one person wanted to radically change the very nature of the forum and he was very much a minority) when blocked in his efforts, after open discussion on the boards, he started calling me a Nazi and the forum staff my black booted thugs. He also started to claim I was harassing him by not letting him have his way.
One of the people he confided into online was, unbeknownst to him, a good real life friend of mine (who stayed out of the debate.) He told my friend that his marriage broke up because of me and my refusal to let him "improve" things. (Not the year long online affair he was having with someone else)Would he have rights on this new law to claim real damages? I annoyed him so much by not giving into his nutty demands that his marriage was ruined?
If this law were in effect then you would say that I would have recourse; that this law would've protected me from both these lunatics. But I ask you, how annoying would the litigation have been had I tried to go after them? They annoyed me, I annoyed them. She said. He said. It's all so High School. (Maybe even grade school)
Anonymity works both ways.
Cyberstalking is a real threat but this law is so poorly written that it is begging to be abused.