Posted on 03/06/2006 7:35:54 PM PST by finnman69
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.
We're already lost in a way. The government can track anybody. Others, if they are clever, can sometimes trace you by clues and info you put in your posts.
I have a major security gap I'm trying to close, won't say what that is because I don't want to give people ideas. I'm sure there are also ways I don't know about.
Hope you are correct.
All Democraps get a free pass I'm sure.
IGUESS VALARIE PLAME CAN NO LONGER USE "YELLOW CAKE" AS HER INTERNET NAME EITHER.
They'll need to hire a lot of us at bigger bucks, and bennies. Dental, 401K, medical, the whole nine yards. I'm not going to settle for less than at least 100k per year. Or, I'll continue to work FR for the sweet pay we get with no gov involvement...
I don't think so, but not because of site owner. Anything can be intercepted, and records can be subpoenaed.
I dont doubt they can track you but I'm sure it's not easy .If they make it law that we all have to identitfy ourselves then we are in real trouble.The govt. is dying to make money off of the internet.This whol bill is absurd. Everyone needs to write to this clown http://www.njleg.state.nj.us/members/Biondi.asp
I told him off big time.
LOL! Peter Biondi and Helen Thomas change clothes on the weekends.
Oh, and you will of course be his first perp when he gets his bill passed.
Well, they can allready find out who you are if the FBI or some enforcement agency wants to.
The question, I think, is more to how public this law would make these records.
I have no problem with registering to post. It would be thereafter, what was going to be done with that information.
"You were on to somthing there untill you said Janet R...
That blew my cover. BTW...will this now uncover "DEEP THROAT"?"
I don't know, I'm not acquainted with deep throat, but let me tell you something, if you ever want to know the TRUTH about me and Monica, PM me.
Contrary to widespread reports, "I did NOT have sexual relations with that woman!"
Uh oh, I think that's Dick Cheney's reflection in my computer screen...what's HE doing in Chappaquaw?
On NO! He says he wants to go [gulp]...quail...hunting.... :(
new jersey ping.
Is that an exclamation point in your pocket or are you just happy to see me?
"Good grief! What next? Arrests for unsolicited eye contact?"
Seen our sexual harassment laws lately?
My name...Jose Jimmenez
Wouldn't that be against the law. Are you trying to trick us?
FReepers are the best! And the funniest! Ping
:-). I don't normally write to other state's legislators unless it applies to me directly. I'm getting to be a nuisance with my senators and congressman as it is. THEY probably keep a file on us, too :-).
I notice I've been getting this on my isp bill:
USF Fee Recovery 1.01
It's not much, but I don't know what it's for and don't remember authorizing it. They keep jacking around with my phone bill, too, adding new charges. Remember when it was going to be such a good thing when they busted up Ma Bell? My monthly regular charges have at least quadrupled for basic service.
There goes the secret ballot next...
http://www.freerepublic.com/focus/news/1589588/posts
NJ LEGISLATURE - ID of interactive computer services & Internet service
Article about bill
http://www.freerepublic.com/focus/f-news/1591081/posts
The problem of thin-skinned politicos (NJ bill to ban anonymous posting)
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