New Jersey State Republican Leader Wants to restrict 1st Amendment Rights on the Internet

New Jersey Legislature ^ | 3-7-2006 | PETER J. BIONDI

[Thanatos]

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.

[Thanatos]

Peter J. Biondi (R)

(Assembly Republican Conference Leader)

DISTRICT OFFICE ADDRESS: 1 East High St. Somerville, NJ 08876

PHONE NUMBER: (908) 252-0800

ELECTRONIC MAIL: Contact Your Legislator(s)

BORN: June 23, 1942

OCCUPATION: Legislator

PUBLIC/PARTY SERVICE: Somerset County Youth Services Commission 1996-present, Co-Chair 1997; Hillsborough Township Planning Board 1986-99; Somerset County Board of Freeholders 1994-97, Director 1996, Deputy Director 1995; Industrial Pollution Control Financing Authority 1997; Somerset County Planning Board 1994-96; Joint Insurance Fund Special Commissioner 1996, Alternate 1995; Hillsborough Capital Planning Committee 1994-95; Hillsborough Township Committee 1983-93, Mayor 1986-93, Deputy Mayor 1985

MILITARY SERVICE: U.S. Army Reserve 1961-67

LEGISLATIVE SERVICE: General Assembly 1998-present, Republican Conference Leader 2006-present, Assistant Republican Leader 2002-03

COMMITTEES: Regulated Professions and Independent Authorities

Legislative Services Commission

[rocksblues]

So if I say that John Kerry is a traitor he can then sue me because there is no proof because he hasn't released his military records?

Seems to me that these politicians are only trying to protect their jobs. If the Constitution is the basis of our laws then this amendment is Unconstitutional!

[AIC]

I was wondering if this has anything to do with that politician that was said to be running around on his wife and was circulated around on everybody's e-mail?

[Emmett McCarthy]

I think he wouldn't sue you because that would open his military records, wouldn't it? Same reason Clinton never sued Juanita Brodderick for calling him a rapist, I think. I always post under my own name because I just don't like the idea of saying things I can't stand behind. Remember in school how they wanted you to anonymously fill in those teacher evaluations? I wouldn't do it unless they would allow me to put my name on it. Didn't do all that well in school, either, and none of the teachers were sorry to see me leave, I might add.

Just because this guy has an (R) behind his name doesn't make him any less likely to want to shut people up.

[dead]

This internet what all the kids are using needs some regulating on account of it being unregulated.

Somebody might oughta git hurt if the government don't step in.

[Tzimisce]

When we said "Free Speech" we didn't mean for you dumbasses.

Now shouldn't you be paying your taxes instead of complaining about how we do our jobs?

[Tolerance Sucks Rocks]

Politician protection through the chilling of free speech.

[Tolerance Sucks Rocks]

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.

Criminy, it's the same as sueing the gun industry for the misuse of their product by criminals!

[redgolum]

In other words, to better sue for libel.

[mountainlyons]

So if the lying news media keeps lying there will be no way to tell the truth? How about a bunch more truth in government and the trickle down effect to the people then the people would know the truth and not have to write such things.

[kingu]

I understand that Biondi sleeps with his dog and has carnal knowledge of it.

OOoh, I just defamed him! Quick, Mr. Public Servant, go find a lawyer...

This absolutely demonstrates that a lot of legislators out there have far too much time on their hands which indicates that they're at the office for far too long, and being paid far too much.

[steve-b]

So if I say that John Kerry is a traitor he can then sue me because there is no proof because he hasn't released his military records?

However, you can say that Peter J. Biondi (R) is a traitor. The fact that he introduced this bill is a matter of public record, and consititues sufficient evidence in and of itself that he is an enemy of our Constitutional Republic.

[Flavius Josephus]

If it saves ONE CHILD it will be worth it.

[Flavius Josephus]

There are too many laws on the books. Their job is to make laws, so they make them regardless of whether they're good laws or bad.

[mtntop3]

There is no reason why deliberate libel on the internet should be accorded, under "1st Amendment Rights", immunity from redress other than, as at present, in the instance of recognized public figures - and even that should not be unlimited.

[OKIEDOC]

Pure Bullivoshitsky.

[Fun Bob]

Biondi has stated he will "reconsider and withdraw" NJ a1327 requiring registrations of name and address before posting comments in online forums.

http://njcsd.org/index.php?option=com_content&task=view&id=298&Itemid=9

[Courdeleon02]

Courts have ruled that basically you can say anything about a public figure. I think the intent of the legislation is to prevent defaming say an average individual. For example if you went on line and said that your neighbor John Smith was a pedophile or a thief, you could be prosecuted. that fair I don't think you have right to say such things even is over the Internet. If you published the accusations in print you would be legally liable. Why should the Internet negate that liability.

[Thanatos]

Thank God, some normality has returned..