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.
Okay, then. Try to be little more discriminating about what constitutes an "opportunity", 'kay? ;)
Deal :>)
Naziberals?
I lived in Morris Co. a number of years. So far as I know it is still a Republican country. I think there is a good change that Somerset Co. is also. Does anyone have current information.
I thought ZOTing was supposed to handle these problems.
"My momma calls me Newtie..."
My momma bought me a new tie.
No it is not necessary.
Please refer #93.
You mean I will not be able to call Corsine, Daddy Warbuck????
PING!
They're what a lawyer can convince a judge/jury that they are.
The nature of a bulletin board is that people post things. Any provider should first be given the opportunity to remove posted things. I'd think they should receive great leeway in regard to removing offensive things. Provided that results, then I don't see how they can be liable.
Also, this should not apply to offensive things said about another person who willingly chooses to participate on that same bulletin board/forum.
Indeed- kind of like "no fault car insurance" and "no fault divorce."
I can remember $5 a month telephone bills, but nowadays mine looks like a credit-card billing statement, there are so many add-ons to it.
Recent miseries with BellSouth prompted me to look into other service providers, and damned if they don't have similar billing arrangements, and prices- you can't get just a cheap land line anymore. I considered dropping the landline and just keeping my cell phone service- which is cheaper- but then, you get into that "I needed to call you, but your number wasn't in the Book" problem you have with cell phones.
Getting back On Topic? Biondi is an overcontrolling little jackanape-- the internet is not truly anonymous, but it's nice to have a layer of separation from the casually malicious. It sounds to me like he just wants to silence critics.
It won't happen.
O Yeah? I remember laughing my a$$ off the first time I heard the phrase 'gay rights'.
Peter J. Biondi (i) - idiot.
Probably soon enough. I was at a middle school this past weekend and there was a sign on the wall saying that 'rolling your eyes' at someone is considered bullying. Give me a break.
More dunces from New Jersey.
Mr. Speaker?
I guess our forefathers would have cut down the liberty tree.
Just joking...but I think he is a freeper (and rather thin-skinned about his presidential qualifications).
There will be more attacks in the future. They fear us.
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