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Intnert posting control bill
New Jersey State Legislature ^ | 1/10/2006 | Assemblyman PETER J. BIONDI

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.


TOPICS: Culture/Society; Government; Politics/Elections; US: New Jersey
KEYWORDS: internet; intnert; legalprohabition; politicians; stunedbeeber
Mr. Biondi is, believe it or not, a Republican - or so he claims.

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.

1 posted on 03/06/2006 1:17:34 PM PST by ZULU
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To: ZULU
Intnert posting control bill

Image hosting by Photobucket

2 posted on 03/06/2006 1:19:22 PM PST by martin_fierro (< |:)~)
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To: ZULU

Amendment 1....


3 posted on 03/06/2006 1:19:46 PM PST by xcamel (Press to Test, Release to Detonate)
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To: ZULU

I promise I will not post on the Intnert......


4 posted on 03/06/2006 1:21:48 PM PST by Red Badger (And he will be a wild man; his hand will be against every man, and every man's hand against him...)
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To: ZULU

5 posted on 03/06/2006 1:23:38 PM PST by SlowBoat407 (The best stuff happens just before the thread snaps.)
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To: Red Badger

Isn't Xenon an Intnert Gas?


6 posted on 03/06/2006 1:23:40 PM PST by GreenAccord (I move for a bad trial thingy!)
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To: ZULU

Whirred Wild Wepp


7 posted on 03/06/2006 1:25:35 PM PST by DainBramage
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To: GreenAccord

Along with neon, helium and freon........;^)


8 posted on 03/06/2006 1:25:39 PM PST by Red Badger (And he will be a wild man; his hand will be against every man, and every man's hand against him...)
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To: ZULU

It's not the Intnert, it's the Intarweb. Everyone knows that!


9 posted on 03/06/2006 1:25:55 PM PST by RogueIsland (.)
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To: ZULU

Spelt check is your frend. ;-)


10 posted on 03/06/2006 1:26:03 PM PST by OB1kNOb (America is the land of the free BECAUSE of the BRAVE !!)
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To: GreenAccord

It most certainly is. And it is known to be deadly to stuned beebers.


11 posted on 03/06/2006 1:29:03 PM PST by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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To: Gordongekko909
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>

12 posted on 03/06/2006 1:30:56 PM PST by GreenAccord (I move for a bad trial thingy!)
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To: ZULU

Ge...Last time i heard..'Anonymous Free Speech'
was protected speech, under the Constitution.


13 posted on 03/06/2006 1:31:28 PM PST by EagleAndHawkMan
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To: ZULU
Mr. Biondi is, believe it or not, a Republican - or so he claims.

Maybe Mr. Biondi is anticipating some revealing stuff about his personal life coming to light?

14 posted on 03/06/2006 1:33:10 PM PST by frogjerk (LIBERALISM: The perpetual insulting of common sense.)
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To: ZULU
Maybe we should wear our the cats.


15 posted on 03/06/2006 1:33:36 PM PST by CougarGA7 (Help control the liberal population. Have your liberals spayed or neutered.)
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To: GreenAccord

Perhaps Al Gore really meant to say that he invented the Intnert.


16 posted on 03/06/2006 1:34:32 PM PST by Kaylee Frye
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To: Gordongekko909; al baby

Those stuned beebers still show up all the time here!


17 posted on 03/06/2006 1:36:38 PM PST by buffyt (America will never seek a permission slip to defend the security of our people. Pres. George Bush)
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To: ZULU

Anyone who signs this piece of crap should be impeached and exiled.


18 posted on 03/06/2006 1:38:04 PM PST by mysterio
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To: CougarGA7
Maybe we should wear our the cats.

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.

19 posted on 03/06/2006 1:38:56 PM PST by GreenAccord (I move for a bad trial thingy!)
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To: Kaylee Frye
Bill Clinton got caught by the INTERN NET ! But he wiggled out of it and got loose again. He is looking for interns for his offices, "hands on experience" the ad reads.....


Candidates must provide a transcript, two letters of reference, and, of course, their own set of kneepads.

20 posted on 03/06/2006 1:40:36 PM PST by buffyt (America will never seek a permission slip to defend the security of our people. Pres. George Bush)
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To: ZULU
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.

That's stupid. Just put a real name and address field in the sign-up. There's no guarantee anyone will put in true information.

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.

That would surely die in court. There's already a procedure for this, it's called a subpoena. And subpoenas can be challenged. This would hurt our time-honored tradition of anonymous political speech, much precedent against it.

I have a feeling this guy had somebody else tell the truth about him online, and he wants a law that will allow him to get the person's identity without having to show a judge how the information was false.

21 posted on 03/06/2006 2:01:19 PM PST by antiRepublicrat
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To: antiRepublicrat

"I have a feeling this guy had somebody else tell the truth about him online, and he wants a law that will allow him to get the person's identity without having to show a judge how the information was false."

Bingo!


22 posted on 03/06/2006 2:09:16 PM PST by ZULU (Non nobis, non nobis, Domine, sed nomini tuo da gloriam. God, guts, and guns made America great.)
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To: mysterio

He'll probably get re-elected and sent to higher office.

The masses are stupid - especially in New Jersey.


23 posted on 03/06/2006 2:10:37 PM PST by ZULU (Non nobis, non nobis, Domine, sed nomini tuo da gloriam. God, guts, and guns made America great.)
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To: frogjerk

From his picture, he looks like a really old dude.


24 posted on 03/06/2006 2:11:19 PM PST by ZULU (Non nobis, non nobis, Domine, sed nomini tuo da gloriam. God, guts, and guns made America great.)
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To: OB1kNOb

Sorry, ... forgive me. I'll try to use it more often.


25 posted on 03/06/2006 2:12:14 PM PST by ZULU (Non nobis, non nobis, Domine, sed nomini tuo da gloriam. God, guts, and guns made America great.)
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To: buffyt

Intern Net - that's a good one.

Maybe that's what he used to catch them - an Intern Net.

It would take a pretty strong net to hold that healthy buxom one he caught.


26 posted on 03/06/2006 2:15:00 PM PST by ZULU (Non nobis, non nobis, Domine, sed nomini tuo da gloriam. God, guts, and guns made America great.)
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To: ZULU

Just funnin' wit'cha ;-)


27 posted on 03/06/2006 2:21:51 PM PST by OB1kNOb (America is the land of the free BECAUSE of the BRAVE !!)
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To: ZULU
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.

How many ways can I say 'screw you'?

28 posted on 03/06/2006 2:41:13 PM PST by Bloody Sam Roberts (Crime cannot be tolerated. Criminals thrive on the indulgences of society's understanding.)
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To: albertp; Allosaurs_r_us; Abram; AlexandriaDuke; Americanwolf; Annie03; Baby Bear; bassmaner; ...
Boy the last couple of years the republicans sure have shrunk the size and scope of the federal government haven't they?Its a good thing they got a majority in all branches of the government huh?Can you imagine if the dems ran things?Hell federal spending might be up 37 percents on the last 5 years and we might have a massive prescription drug entitlement along with a few new federal bureaucracy's as well as an all out attack on the first amendment.

Libertarian ping.To be added or removed from my ping list freepmail me or post a message here

29 posted on 03/06/2006 2:59:10 PM PST by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: EagleAndHawkMan
Ge...Last time i heard..'Anonymous Free Speech' was protected speech, under the Constitution.

We still have a Constitution?
.
30 posted on 03/06/2006 3:21:16 PM PST by mugs99 (Don't take life too seriously, you won't get out alive.)
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To: ZULU
The itching trigger fingers of political prostitutes to control the Net

The government and the MSM will not give up their control over the public. The internet threatens that control and will be brought into line. The internet as we know it will be gone in a decade.
.
31 posted on 03/06/2006 3:27:33 PM PST by mugs99 (Don't take life too seriously, you won't get out alive.)
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To: mugs99
The government and the MSM will not give up their control over the public. The internet threatens that control and will be brought into line. The internet as we know it will be gone in a decade.

Yeah, but just think how cool the "underground" net will be. Digital speakeasys, codewords, government raids......I can't wait.
32 posted on 03/06/2006 4:39:48 PM PST by SandfleaCSC ( “Alcohol may be man's worst enemy, but the bible says love your enemy.”)
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To: SandfleaCSC

LOL!
Can't wait for the underground!
.


33 posted on 03/06/2006 6:25:13 PM PST by mugs99 (Don't take life too seriously, you won't get out alive.)
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To: ZULU
This law will be very difficult to enforce. There will be no way to charge an individual for not identifying themselves because no one knows who they are lol. Assuming that the government subpoenas the records from a website like FR all they will have is an IP address from the access logs of a given day and time. All the government could prove is someone from said IP address made a post at that day and time and not specifically who.

The only thing they could do would be to hold the people responsible for the Internet connection accountable for unidentified web speech and not the actual poster. Similar to how they go after parents for teenage kids who download copyrighted material illegally.
34 posted on 03/06/2006 8:03:41 PM PST by KoRn
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To: ZULU
Intnert

U win teh internets!
35 posted on 03/06/2006 8:03:52 PM PST by BJClinton
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To: mugs99

In name only - unless the new court forces its application again.


36 posted on 03/07/2006 4:43:43 AM PST by ZULU (Non nobis, non nobis, Domine, sed nomini tuo da gloriam. God, guts, and guns made America great.)
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To: ZULU
Sure, the new court will use the Commerce Clause to regulate access to the net. The wars on terror, drugs, porn, gambling and the blackmarket will be the end of the free net.
.
37 posted on 03/07/2006 8:48:15 AM PST by mugs99 (Don't take life too seriously, you won't get out alive.)
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To: antiRepublicrat
That would surely die in court. There's already a procedure for this, it's called a subpoena. And subpoenas can be challenged. This would hurt our time-honored tradition of anonymous political speech, much precedent against it.

There was a recent ruling by the Delaware Supreme Court, which is expected to have national implications, which specifically addresses anonymous internet postings and threw out requests for the ISP records net postings on a news paper open forum.

38 posted on 03/07/2006 9:04:03 AM PST by Gabz (Smokers are the beta version)
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To: mugs99

Let's hope the "new court" eviscerates the "commerce clause" in the Constitution.

It has been much abused and its abuse flies in the face of the tenth amendment.


39 posted on 03/07/2006 9:20:03 AM PST by ZULU (Non nobis, non nobis, Domine, sed nomini tuo da gloriam. God, guts, and guns made America great.)
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To: ZULU
It has been much abused and its abuse flies in the face of the tenth amendment

It sure does, but federal power over the states depends on that abuse and all members of the court are company men.
.
40 posted on 03/07/2006 9:30:43 AM PST by mugs99 (Don't take life too seriously, you won't get out alive.)
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