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NJ Bill Would Prohibit Anonymous Posts on Forums...
NJ legislislation ^ | 3/6/06

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.


TOPICS: Government; US: New Jersey
KEYWORDS: internet; newjersey; peterbiondi
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To: Candor7

Remember McCain-Feingold?


141 posted on 03/06/2006 8:48:22 PM PST by capecodconservative
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To: WKB

What on earth are you on about?


142 posted on 03/06/2006 8:48:52 PM PST by Senator Bedfellow
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To: finnman69
Aside from the 1st Amendment, it should be illegal under the Commerce Clause; the Internet crosses state lines and is both national and international in traffic.
143 posted on 03/06/2006 8:48:56 PM PST by MRMEAN (Corruptisima republica plurimae leges. -- Tacitus)
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To: WKB

144 posted on 03/06/2006 8:51:19 PM PST by Brad’s Gramma
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To: Brad's Gramma

That's fine BG I stole it in the first place.


145 posted on 03/06/2006 8:52:31 PM PST by WKB
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To: WKB

I stole the one above too. And it's hosted in my fotki account so go for it! ;)


146 posted on 03/06/2006 8:54:15 PM PST by Brad’s Gramma
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To: Brad's Gramma

Thanks I will


147 posted on 03/06/2006 8:54:56 PM PST by WKB
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To: WKB

And yours? Is yours safely stored someplace or should I stick it in fotki?

I love that one, btw...thanks for posting it.


148 posted on 03/06/2006 8:56:04 PM PST by Brad’s Gramma
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To: Brad's Gramma

It's stored on my MSN page.
Too bad the Senator didn't "get it"


149 posted on 03/06/2006 8:58:02 PM PST by WKB
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To: finnman69
Are these guys taking their cues from the ChiComs? It sure sounds like it.

Wolf
150 posted on 03/06/2006 9:03:15 PM PST by RunningWolf (Vet US Army Air Cav 1975)
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To: WKB

Thanks and yep. ;)


151 posted on 03/06/2006 9:04:17 PM PST by Brad’s Gramma
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To: Hill of Tara
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.

Yessir! Imagine if NJ had LEVEES!

152 posted on 03/06/2006 9:08:50 PM PST by Former Dodger ( "Insanity: Doing the same thing over and over again and expecting different results." --Einstein)
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To: finnman69

In NJ there is no real GOP. The corruption in NJ must cross party line since the no Republican has mounted any kind of offense against this corruption. Biondo sponsored this bill because both parties want what goes on behind their closed door meetings to stay secret. Censorship's only value is suppressing TRUTH.


153 posted on 03/06/2006 9:10:40 PM PST by Free_SJersey (South Jersey-the secret state)
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To: finnman69
http://i2.tinypic.com/qxpgfb.jpg

How do we know that he's not Mel Tormé?

154 posted on 03/06/2006 9:19:45 PM PST by Ghengis (Alexander was a wuss!)
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To: finnman69

They don't want people like us criticizing politicians and getting any information or propaga...er.. news not screened or released through their ministry of prop...er..bullsh...er... press corps.


155 posted on 03/06/2006 9:28:34 PM PST by mississippi red-neck (You will never win the war on terrorism by fighting it in Iraq and funding it in the West Bank.)
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To: mississippi red-neck
Sorry forgot to ask. The sponsor of that bill didn't happen to be Joseph Goebbels did it?

Like they said about the Duke in "Big Jake". "Thought he was dead".

156 posted on 03/06/2006 9:40:28 PM PST by mississippi red-neck (You will never win the war on terrorism by fighting it in Iraq and funding it in the West Bank.)
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To: WKB
Too bad the Senator didn't "get it"

Did you even bother to click through to the other thread? Because if you had, you'd have seen that it's a completely different story, but on the same topic. Is there some reason you feel it's your place to enforce ignorance upon posters here by discouraging them from seeking out more information?

Thread police, indeed. Mote, beam, etc.

157 posted on 03/06/2006 9:57:08 PM PST by Senator Bedfellow
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To: Senator Bedfellow
After looking at your page I see why you
didn't think it was funny.
Just like all the other evos I've met
your sense of humor failed to evolve with
the rest of your body.
But then you evos don't really have
anything to smile about anyway do you?.
You think all there is to life
is what we have on this earth.
158 posted on 03/06/2006 10:41:39 PM PST by WKB
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To: WKB
After looking at your page I see why you didn't think it was funny.

See, it would be funny if it were at least kinda sorta true, or otherwise constituted an appropriate response. Which it doesn't, in this case.

You could just be a mensch about it and realize that you ended up stepping on your own unit by shooting from the hip like that, with the wiseguy crack, rather than pretending that we were all having a big laugh about it together.

159 posted on 03/06/2006 10:52:34 PM PST by Senator Bedfellow
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To: Senator Bedfellow
Leave it at this
I never miss an opportunity to post the Cartman
Goodnight.
160 posted on 03/06/2006 10:54:35 PM PST by WKB
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