Intnert posting control bill

New Jersey State Legislature ^ | 1/10/2006 | Assemblyman PETER J. BIONDI

[ZULU]

ASSEMBLY, No. 1327 STATE OF NEW JERSEY 212th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION

Sponsored by: Assemblyman PETER J. BIONDI District 16 (Morris and Somerset)

SYNOPSIS Makes certain operators of interactive computer services and Internet service providers liable to persons injured by false or defamatory messages posted on public forum websites.

CURRENT VERSION OF TEXT As introduced.

AN ACT concerning the posting of certain Internet messages and supplementing chapter 38A of Title 2A of the New Jersey Statutes.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

1. As used in this act: "Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service. "Interactive computer service" means any information system, service, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides service to the Internet. "Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks. "Internet service provider" or "provider" means any person, business or organization qualified to do business in this State that provides individuals, corporations, or other entities with the ability to connect to the Internet through equipment that is located in this State. "Operator" means any person, business or organization qualified to do business in this State that operates an interactive computer service.

2. The operator of any interactive computer service or an Internet service provider shall establish, maintain and enforce a policy to require any information content provider who posts written messages on a public forum website either to be identified by a legal name and address, or to register a legal name and address with the operator of the interactive computer service or the Internet service provider through which the information content provider gains access to the interactive computer service or Internet, as appropriate.

3. An operator of an interactive computer service or an Internet service provider shall establish and maintain reasonable procedures to enable any person to request and obtain disclosure of the legal name and address of an information content provider who posts false or defamatory information about the person on a public forum website.

4. Any person who is damaged by false or defamatory written messages that originate from an information content provider who posts such messages on a public forum website may file suit in Superior Court against an operator or provider that fails to establish, maintain and enforce the policy required pursuant to section 2 of P.L. , c. (C.) (pending before the Legislature as this bill), and may recover compensatory and punitive damages and the cost of the suit, including a reasonable attorney's fee, cost of investigation and litigation from such operator or provider.

5. This act shall take effect on the 90th day following enactment.

STATEMENT

This bill would require an operator of any interactive computer service or an Internet service provider to establish, maintain and enforce a policy requiring an information content provider who posts messages on a public forum website either to be identified by legal name and address or to register a legal name and address with the operator or provider prior to posting messages on a public forum website. The bill requires an operator of an interactive computer service or an Internet service provider to establish and maintain reasonable procedures to enable any person to request and obtain disclosure of the legal name and address of an information content provider who posts false or defamatory information about the person on a public forum website. In addition, the bill makes any operator or Internet service provider liable for compensatory and punitive damages as well as costs of a law suit filed by a person damaged by the posting of such messages if the operator or Internet service provider fails to establish, maintain and enforce the policy required by section 2 of the bill.

[antiRepublicrat]

This bill would require an operator of any interactive computer service or an Internet service provider to establish, maintain and enforce a policy requiring an information content provider who posts messages on a public forum website either to be identified by legal name and address or to register a legal name and address with the operator or provider prior to posting messages on a public forum website.

That's stupid. Just put a real name and address field in the sign-up. There's no guarantee anyone will put in true information.

An operator of an interactive computer service or an Internet service provider shall establish and maintain reasonable procedures to enable any person to request and obtain disclosure of the legal name and address of an information content provider who posts false or defamatory information about the person on a public forum website.

That would surely die in court. There's already a procedure for this, it's called a subpoena. And subpoenas can be challenged. This would hurt our time-honored tradition of anonymous political speech, much precedent against it.

I have a feeling this guy had somebody else tell the truth about him online, and he wants a law that will allow him to get the person's identity without having to show a judge how the information was false.

[ZULU]

"I have a feeling this guy had somebody else tell the truth about him online, and he wants a law that will allow him to get the person's identity without having to show a judge how the information was false."

Bingo!

[ZULU]

He'll probably get re-elected and sent to higher office.

The masses are stupid - especially in New Jersey.

[ZULU]

From his picture, he looks like a really old dude.

[ZULU]

Sorry, ... forgive me. I'll try to use it more often.

[ZULU]

Intern Net - that's a good one.

Maybe that's what he used to catch them - an Intern Net.

It would take a pretty strong net to hold that healthy buxom one he caught.

[OB1kNOb]

Just funnin' wit'cha ;-)

[Bloody Sam Roberts]

3. An operator of an interactive computer service or an Internet service provider shall establish and maintain reasonable procedures to enable any person to request and obtain disclosure of the legal name and address of an information content provider who posts false or defamatory information about the person on a public forum website.

How many ways can I say 'screw you'?

[freepatriot32]

Boy the last couple of years the republicans sure have shrunk the size and scope of the federal government haven't they?Its a good thing they got a majority in all branches of the government huh?Can you imagine if the dems ran things?Hell federal spending might be up 37 percents on the last 5 years and we might have a massive prescription drug entitlement along with a few new federal bureaucracy's as well as an all out attack on the first amendment.

Libertarian ping.To be added or removed from my ping list freepmail me or post a message here

[mugs99]

Ge...Last time i heard..'Anonymous Free Speech' was protected speech, under the Constitution.

We still have a Constitution?
.

[mugs99]

The itching trigger fingers of political prostitutes to control the Net

The government and the MSM will not give up their control over the public. The internet threatens that control and will be brought into line. The internet as we know it will be gone in a decade.
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[SandfleaCSC]

The government and the MSM will not give up their control over the public. The internet threatens that control and will be brought into line. The internet as we know it will be gone in a decade.

Yeah, but just think how cool the "underground" net will be. Digital speakeasys, codewords, government raids......I can't wait.

[mugs99]

LOL!
Can't wait for the underground!
.

[KoRn]

This law will be very difficult to enforce. There will be no way to charge an individual for not identifying themselves because no one knows who they are lol. Assuming that the government subpoenas the records from a website like FR all they will have is an IP address from the access logs of a given day and time. All the government could prove is someone from said IP address made a post at that day and time and not specifically who.

The only thing they could do would be to hold the people responsible for the Internet connection accountable for unidentified web speech and not the actual poster. Similar to how they go after parents for teenage kids who download copyrighted material illegally.

[BJClinton]

Intnert

U win teh internets!

[ZULU]

In name only - unless the new court forces its application again.

[mugs99]

Sure, the new court will use the Commerce Clause to regulate access to the net. The wars on terror, drugs, porn, gambling and the blackmarket will be the end of the free net.
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[Gabz]

That would surely die in court. There's already a procedure for this, it's called a subpoena. And subpoenas can be challenged. This would hurt our time-honored tradition of anonymous political speech, much precedent against it.

There was a recent ruling by the Delaware Supreme Court, which is expected to have national implications, which specifically addresses anonymous internet postings and threw out requests for the ISP records net postings on a news paper open forum.

[ZULU]

Let's hope the "new court" eviscerates the "commerce clause" in the Constitution.

It has been much abused and its abuse flies in the face of the tenth amendment.

[mugs99]

It has been much abused and its abuse flies in the face of the tenth amendment

It sure does, but federal power over the states depends on that abuse and all members of the court are company men.
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