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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: backhoe
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.

You nailed it. And despite all the lies and fabrications on the net, it's a good safeguard that the media can't deceive us so easily with things they can't or don't want to report.

We now have a say in what gets reported :-). I like that. If a swell builds up enough on the net, they at least have to address it.

I thought I read yesterday somebody bought up Bell South, but can't remember who. Maybe it was another corporate entity in the south. It sounded like a big takeover, but too much going on, can't remember everything.

I presume he's a Democrat. They have such advantage "above ground". Were it not for the net and a couple other things to hold them in check, they'd take over everything in time. They are the ones who behave like fascists and then accuse conservative of it.

I took my number out of the phone book years ago. Privacy and safety again. Never wanted to bother with a cell phone, but could use one when I'm out, wouldn't talk while driving unless I'm being followed by somebody. They aren't fool proof. One more think to remember to keep charged up, and I think they have to be charged on their special charger, so no spares.

181 posted on 03/07/2006 7:22:32 AM PST by Aliska
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To: b4its2late; Recovering_Democrat; Alissa; Pan_Yans Wife; LADY J; mathluv; browardchad; cardinal4; ...

Ping


182 posted on 03/07/2006 7:49:47 AM PST by Born Conservative (Acts of intolerance will not be tolerated at The Pennsylvania State University.)
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To: bmwcyle

I guess that the DUmmies will surely be exempt.


183 posted on 03/07/2006 7:54:57 AM PST by PSYCHO-FREEP (Pat Buchanan............A principled pessimist with a pessimistic principal)
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To: sageb1
I've had my screen name for so long, I have relatives who use it.

I'm thinking about legally changing mine....except I forgot my birth name.

184 posted on 03/07/2006 8:02:38 AM PST by Focault's Pendulum (I'm not a curmudgeon!!!! I've just been in a bad mood since '73)
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To: Brad's Gramma

Hiya sweetheart!!!


185 posted on 03/07/2006 8:06:15 AM PST by Focault's Pendulum (I'm not a curmudgeon!!!! I've just been in a bad mood since '73)
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To: TomGuy
How do they intend to enforce it?

By penalizing the service providers.

186 posted on 03/07/2006 8:07:19 AM PST by LoneRangerMassachusetts (From behind enemy lines)
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To: finnman69
Its unconstitutional. Talk about a thin-skinned RINO afraid of harsh criticism. That's the life-blood of a free society. And anonymity is what encourages open discussion. I could disclose my personal details but at the cost of opening myself to reprisals and possibly to prosecution. If I had to submit personal info, I would be inhibited from posting on FR for the simple reason who I am is none of the government's business and I don't think I need to share it either with people I don't know personally.

(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")

187 posted on 03/07/2006 8:11:11 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: finnman69

NOT A CHANCE THIS WILL HAPPEN.

Not any more chance than CFR passing.

Remember that?

Of course it DIDN'T pass

A Republican President DIDN'T sign it into law.

SCOUTUS declared it Unconstitutional.

Remember?


188 posted on 03/07/2006 8:17:29 AM PST by Balding_Eagle (Free Republic, the newspaper I can talk back to!)
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To: SamAdams76
You have to supply personal info not just on FR but virtually every place on the Internet to verify your identity in order to secure membership, purchase a product or conclude a financial transaction. And all of these sites pledge in return to safeguard that info. What the government (at least in New Jersey) wants to do is have that info in the absence of a compelling interest. We do have enough threats to our freedom and personal privacy that they don't need to be added to by politicians with nothing better to do than to harrass us for speaking our minds.

(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")

189 posted on 03/07/2006 8:20:15 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: finnman69; derllak

Not Surprising, Politicians from the NE are usually socialist thought controlling jackasses no matter what party they are in.


190 posted on 03/07/2006 8:22:45 AM PST by Leatherneck_MT (An honest man can feel no pleasure in the exercise of power over his fellow citizens.)
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To: finnman69

Soon they'll change the state motto to: "I don't know nuthin'."

191 posted on 03/07/2006 8:34:17 AM PST by World'sGoneInsane (LET NO ONE BE FORGOTTEN, LET NO ONE FORGET)
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To: Faith
Good grief! What next? Arrests for unsolicited eye contact?

Believe it or not that's called oogling and according to the feminazis it's a form of sexual harassment.

My how far we have fallen.

192 posted on 03/07/2006 8:40:05 AM PST by metalurgist (Death to the democrats! They're almost the same as communists, they just move a little slower.)
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To: The Worthless Miracle
Can they not simply leave things alone? Why does our beloved government think it has the need to come in to EVERY aspect of life?

Because enough people haven't got upset enough yet to start killing the bassturds.

193 posted on 03/07/2006 8:46:26 AM PST by metalurgist (Death to the democrats! They're almost the same as communists, they just move a little slower.)
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To: Focault's Pendulum

Well helllloooooooo there Mr. Pendulum!!!

How've you been??? I've missed you!

I'll come back later to read your reply. But remember, write in code so "they" don't know what you're saying, OK?

:)

Mrs. Gramma


194 posted on 03/07/2006 9:37:18 AM PST by Brad’s Gramma
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To: SamAdams76

Not at all.


195 posted on 03/07/2006 9:39:14 AM PST by The KG9 Kid (Semper Fi!)
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To: Aliska
Never wanted to bother with a cell phone, but could use one when I'm out, wouldn't talk while driving unless I'm being followed by somebody. They aren't fool proof. One more thing to remember to keep charged up, and I think they have to be charged on their special charger, so no spares.

Cell phones are the topic of much heated debate- some love them, some hate them- but they are a great convieniece. Many times I'll see something- like a speed trap- that I'll call my wife about, to inform her, and I never remembered to do it in pre-cell days. And with aging relatives, I like being able to be reached when I'm on the road.

Frankly, I have trouble seeing the tiny faceplates of these new cell phones, and the way I got around that was buying an old bag phone on Ebay that has the hands-free feature. I can drive without juggling gearshift & handset, and the buttons are large enough to see easily. Unfortunately, the old analog bands these phones work on are being abandoned- the cell providers are dropping support as their old equipment gets phased out. So I will probably get a newer replacement when forced to.

When we had all the BellSouth problems, the landline kept going dead, and having cell service was really helpful- at least I could still be reached, and had a way to harangue BellSouth without driving to a relative's to borrow their phone.

196 posted on 03/07/2006 1:50:02 PM PST by backhoe (-30-)
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To: finnman69
SOCIALISM IS INSIDIOUS

Seriously, how else are they going to tax ya if they don't know your name? Besides everyone knows that this Internet thing is way out of control...I mean look what it did to Dan Rather. /s
197 posted on 03/07/2006 4:54:25 PM PST by socialismisinsidious ( The socialist income tax system turns US citizens into beggars or quitters!)
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To: Born Conservative

We've got to fight this ... Thanks for the ping.


198 posted on 03/07/2006 6:48:12 PM PST by GOPJ (MSM coverage of Iraq War is like a sports section written by women who hate sports.)
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To: finnman69

Got to be kidding. Radio personalities and those who write letters to the editor don't always use their real names.


199 posted on 03/07/2006 6:49:56 PM PST by RightWhale (pas de lieu, Rhone que nous)
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To: Brad's Gramma
I'll come back later to read your reply. But remember, write in code so "they" don't know what you're saying, OK?

Bloop bloop. Beep. X=436.

200 posted on 03/08/2006 6:58:16 AM PST by Focault's Pendulum (I'm not a curmudgeon!!!! I've just been in a bad mood since '73)
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