NJ Bill Would Prohibit Anonymous Posts on Forums...

NJ legislislation ^ | 3/6/06

[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.

[binkdeville]

I don't write a lot bu tI felt this absurd bill needed to be addressed. My phone bill here in NJ CONSTANTLY has new taxes on it .NJ is more corrupt than Nero's Rome. go to www.insideunioncity.com sometime and see what goes on in my neighborhood.

[capecodconservative]

I knew I was unfortunate enough to live in a people's republic. Didn't know that NJ was going Kremlin too.

[Former Dodger]

Thanks for the ping.

I wonder if there's an exemption for anonymous postings in casinos?

(D) or (R), the politicians in this state are ridiculous!

[Billthedrill]

Biondi wets the bed. No, really. I got pitchers...

[Bushman2]

I have to use an undercover name because I used to tend bar for the Cape Cod Orca and now I am looking over my shoulder all the time. Oh, the stories I culd tell.

[Calpernia]

Not elected. Try Selected.

We have many bump lists here at FR about voter fraud.

[conservative in nyc]

Anonymous speech is protected under the first amendment.

This law is very troubling, especially the very low standard for unmasking another poster - say one thing that someone else thinks is "false", and you're unmasked. But I'm sure its proponents would counter that the First Amendment doesn't protect slander, and this registration requirement is a means toward getting at the source of the slander.

I guess Mr. Biondi would have sued Thomas Paine since he said some nasty things about the king. And heaven knows what he would have done to that evil satirist "Mark Twain". He needs to grow a spine.

[highlander_UW]

Yes, that and stalking. I always posted under my real name until I started seeing people get threats, their children get threatened, their pastors written to, employers threatened; it got really ugly fast.

Very true, stalkers would be empowered as well.

[Postman]

This idiot totalitarian is one of our republican stalwarts...illustrative of why the PRNJ is now run by democrats...

[Aliska]

Well, they can allready find out who you are if the FBI or some enforcement agency wants to.

That's what I was referring to.

The question, I think, is more to how public this law would make these records.

Probably some internet registry like a phone book where you can't opt out. I don't think it will get through yet.

I have no problem with registering to post. It would be thereafter, what was going to be done with that information.

To some extent, I do, but I'm not going to be intimidated into not registering if it's something I want to do. Sometimes having to register makes me back off though.

I really don't like ANYBODY storing my credit card information. If a site gets hacked into, I can't even remember all the people who might have it that I would need to go and change. Most people who have it didn't TELL me they were storing it. Some sites do ask. And who wants to type in all that info each time? Even if you did, there's no guarantee on your end that they won't store it.

Somebody somehow got my sister's credit card not too long ago and charged THOUSANDS of dollars on it from Canadian vendors. She had a high limit and didn't know anything about it until she went to charge something, and it was refused, right at Christmas. Fortunately, the credit card company covered the loss and issued her a new card.

[Aliska]

If it were my state, I'd holler, too. There, I already left a clue :-).

[righttackle44]

"ominous if true"

Not ominous. I don't happen to be afraid
of the state of New Jersey.

[Candor7]

It would never survive a 1st amendment challenge.

[Hill of Tara]

you'd better never get into a car with a stranger who happens to be a longtime senator from massachusetts, especially if you cant swim.

he may want to make sure the skeletons in his closet stay buried.

[Mike Darancette]

Y'all going to jail.

[metmom]

It would be more "dangerous" if peoples' real names are used, anyway...

Yeah, but it would be easier for Big Brother er, our beloved leaders to track down any insurrection.

[WKB]

[Hill of Tara]

"Thanks for the ping.
I wonder if there's an exemption for anonymous postings in casinos?

(D) or (R), the politicians in this state are ridiculous!"

Seriously!! NJ is probably the 2nd most corrupt and poorly run state in the Union.

Well, to look at the glass half full, at least it's better than Massachusetts.

take care,

Hill of Tara

[Lijahsbubbe]

But any site that asks for a "real name" is never guaranteed to get it.

Got that right! You'd have to be a flamin'idiot.

[M203M4]

Sounds like some mean people on the interweb made the guy cry. Maybe he should read some books about totalitarianism (before he plans on banning them, I mean).