Posted on 03/06/2006 1:17:27 PM PST by ZULU
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.
Mr. Biondi lists his profession as "legislator".
I guess that puts him below ambulance chasers, journalists, NEA administrative staff, insurance salesmen and used car dealers in the human food chain.
The itching trigger fingers of political prostitutes to control the Net - the best growing avenue of organization and attack to control these overpaid, underworked wretches should concern us all.
Once they get the foot into the door of internet control there is no stopping them and their tax-greedy paws.
Amendment 1....
I promise I will not post on the Intnert......
Isn't Xenon an Intnert Gas?
Whirred Wild Wepp
Along with neon, helium and freon........;^)
It's not the Intnert, it's the Intarweb. Everyone knows that!
Spelt check is your frend. ;-)
It most certainly is. And it is known to be deadly to stuned beebers.
<required response>I tell you, that Intnert is going to be hugh!</required response>
Ge...Last time i heard..'Anonymous Free Speech'
was protected speech, under the Constitution.
Maybe Mr. Biondi is anticipating some revealing stuff about his personal life coming to light?
Perhaps Al Gore really meant to say that he invented the Intnert.
Those stuned beebers still show up all the time here!
Anyone who signs this piece of crap should be impeached and exiled.
Aww, now you're making me blush. I have a top 5 IBTZ in that little ZOT Thread. It's a small world here at FreeRepublic.
Candidates must provide a transcript, two letters of reference, and, of course, their own set of kneepads.
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