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.
These government types think they have some sort of control over you and me. The internet thinks differently. They can pass all the crap they want to. They can even shut down the internet. But encoding and technology will overtake them and leave them on the doorstep of yesterday.
And my ex-wife said I'd never amount to anything...
OK, thanks for clarifying. Like I said, it's been nearly 10 years since I signed on here. I did use my real name as a screenname when Free Republic first started out but I changed to this moniker in 1997.
I'm sorry, I'm in the process of changing my name to Anon E. Mus. Will this be ok?
Why we keep electing lawyers to office is beyond me to begin with. Are there no worthy intelligent people other than a bunch of bottom feeding lawyers?
Biondi is a Rino
The same way they enforce "no anonymous messages in public restrooms".
It's the end for Kilroy...
The maroon who proposed this: Peter J. Biondi, a Republican
I wonder what the "author" of the Federalist Papers (Publius) would have to say on the subject of anonymity?
How to wreck the internet in one easy step...
Well I just found out something NEW..I thought all this time you were *mrs. mith*!
And how do we know that you are the REAL Jim Robinson?
LOL
"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..."
see my tagline :)
Same here
Nope. The fascist clown is a Republican.
I just signed up in December and I "think" I only gave my email address. Shows how long my memory is.
JEEEEEEEEEEEEZ.......you alrady have my credit card info and now you will get my name....LOL
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