China’s virtual cops pinpoint web dissent
Jing Jing and Cha Cha, of course! (Outsourced...)
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.
We DONT! It might be John Kerry in disguise, BUT WAIT he might be Kim Jong Il in disguise...
BUT WAIT...How do I know that YOU arent part of an FBI sting operation to catch anonymous posters on the internet????
*Looks nervously about himself, peers out windows furtively*
OH MY GOODNESS THATS ALBERTO GONZALEZ "WORKING ON MY POWER LINES"!!!!
And JANET RENO IS WITH HIM!!
;)
regards, Hill of Tara
Please FReepmail me if you want on or off my ‘miscellaneous’ ping list.
When "anonymous sources" are banned in political reporting.
YOU have brought up some great points there!!
I don't know what will happen about usenet newsgroups.
Just about every website I register on, whether it be newspaper or vendor, requires my legal name, email address and password. My sites for banking, credit cards and insurance, etc., require more info, which makes sense.
You've got a point there. That's probably one of the reasons some of the founders did not want these things spelled out in a Bill of Rights. The feds only have certain powers enumerated, but the state's and the people's rights are many and unrestricted. Hopefully, even strict constructionists will recognize free speech as a God-given unalienable right.
HA, HA! I got nothing to worry about!
Once we let them open the door to internet control we're lost . They will be taxing email for real.
Can't believe that this could come to pass. We have total idiots in government.
Registering with your name and address on this site would be safe but the ramifications on others is mind boggling.
Also, other than the site itself, who would have access to these names and addresses?
Let's say you called a Clinton a name....would the secret service be at your door the next day?
Yes, that and stalking. I always posted under my real name until I started seeing people get threats, their children get threatened, their pastors written to, employers threatened; it got really ugly fast.
You were on to somthing there untill you said Janet R...
That blew my cover. BTW...will this now uncover "DEEP THROAT"?
yup..i realised that a bit late. you are right.
I sincerely doubt this will fly.
China’s virtual cops pinpoint web dissent
Jing Jing and Cha Cha, of course! (Outsourced...)
ping!
Or they want to bully us into silence - the "bigs" of the world don't like it when the little people have a say...
The internet will be 'wrecked' as soon as they can figure out how to make money off of it. Luckily we're in the wild west era of the internet.
That, of course, requires cooperation from the websites and is, ultimately, what all those lawsuits about the CDA and the COPA are all about--letting you sit at home in your pajamas and surf the internet from the safety and privacy of your home.
Congress has, once again, passed a version of COPA that is working its way through the courts now and I suspect will wind up, again, at the Supreme Court. Keep an eye on these, because if the government ever wins one of those lawsuits, that's a major, major blow to Internet First Amendment world--for better or for worse.
I live in NJ . NO politician does ANYTHING in this state unless it mean personal income for them somehow , someway .He has some sort of personal $$$ interest . No doubt!!!!!!!!
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