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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: finnman69
comments?

Yeah. Call me Elvis from now on.

21 posted on 03/06/2006 7:40:40 PM PST by groanup (Shred for Ian)
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To: finnman69
Violation of the 1st Amendment. Freedom of speech is not limited to you only speaking the truth or speaking as your properly identified self.
22 posted on 03/06/2006 7:41:00 PM PST by xrp (Fox News Channel: MISSING WHITE GIRL NETWORK)
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To: finnman69

Good grief! What next? Arrests for unsolicited eye contact?


23 posted on 03/06/2006 7:41:39 PM PST by Faith
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To: Dark Skies

"As sure as my name is Newt...uh oh..."

LOL :)


24 posted on 03/06/2006 7:41:45 PM PST by Hill of Tara
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To: SamAdams76

I cannot remember what they asked for. But any site that asks for a "real name" is never guaranteed to get it.


25 posted on 03/06/2006 7:42:06 PM PST by Bella_Bru
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To: TheBattman

My God, this is unreal. 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? This is ridiculous, and those responsible should booted from office.
It would be more "dangerous" if peoples' real names are used, anyway...


26 posted on 03/06/2006 7:42:16 PM PST by The Worthless Miracle ("Better put some ice on that")
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To: finnman69

This will go nowhere. Anonymous speech is protected under the first amendment.


27 posted on 03/06/2006 7:42:29 PM PST by Jim Robinson
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To: Hill of Tara

My momma calls me Newtie...


28 posted on 03/06/2006 7:42:45 PM PST by Dark Skies ("Free speech is THE weapon of choice against islam.")
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To: Paul_Denton

I don't like that one bit.


29 posted on 03/06/2006 7:42:45 PM PST by pcottraux (It's pronounced "P. Coe-troe.")
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To: groanup

I don't know. I think Peter J. Biondi would make a GREAT screen name. Multiplied by 250 thousand;)


30 posted on 03/06/2006 7:43:07 PM PST by small voice in the wilderness (...what do you mean "Candy isn't married to Alan..?...)
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To: finnman69

OMG this guy is a (R)


31 posted on 03/06/2006 7:43:17 PM PST by byteback
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To: finnman69
So this is the dems efforts to use the abuse of the internet by democrat party officials to control the internet?
32 posted on 03/06/2006 7:43:26 PM PST by highlander_UW (I don't know what my future holds, but I know Who holds my future)
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To: finnman69

Dear Assemblyman PETER J. BIONDI:


You have too much time on your hands. You need to get a life.

Yers Trooley,
Brad S. Gramma


33 posted on 03/06/2006 7:43:43 PM PST by Brad’s Gramma
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To: The Worthless Miracle

Why is this surprising? You seem to forget one important point. Most politicians ARE LAWYERS!!


34 posted on 03/06/2006 7:44:00 PM PST by stockstrader
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To: SamAdams76

Ok, I just logged out and hit 'register'. It tells you to choose a screen name and provede an email address. That's it.


35 posted on 03/06/2006 7:44:07 PM PST by Bella_Bru
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To: finnman69

I'm assuming this fascist clown is a DemocRAT?

What a bunch of leftist loons. I'd suggest this biondi guy be tried for TREASON (which carries the you-know-what penalty) but I dont want the JBTs kicking in my door at O-dark-30.


36 posted on 03/06/2006 7:44:18 PM PST by Hill of Tara
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To: BlackVeil

I've had my screen name for so long, I have relatives who use it.


37 posted on 03/06/2006 7:44:25 PM PST by sageb1 (This is the Final Crusade. There are only 2 sides. Pick one.)
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To: finnman69
There are several problems with this, the most major being that it requires disclosure if the posts are false or defamatory.

Those are legal conclusions. It's not something which is apparent at the time, nor does a mere allegation that something is false or defamatory make it so.

It puts the cart before the horse. It can't possibly work.

38 posted on 03/06/2006 7:44:25 PM PST by Dog Gone
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To: The Lion Roars

except this is sponsored by a RINO


39 posted on 03/06/2006 7:44:48 PM PST by finnman69 (cum puella incedit minore medio corpore sub quo manifestu s globus, inflammare animos)
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To: Dark Skies
My momma calls me special...LOL
40 posted on 03/06/2006 7:45:02 PM PST by indcons (The MSM - Mainstream Slime Merchants)
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