New Jersey Republican Introduces Bill To Ban Anonymous Internet Postings

[ruggerson]

http://www.njleg.state.nj.us/2006/Bills/A1500/1327_I1.HTM


Leave it to a fucking Republican to try to police state the internet.



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.

[geckosfeet]

1. What a maroon. eom

[Deja Q]

2. Already a federal bill passed, I thought... besides, it's needless:

Sign up for any web-based system and they ask for your real name.

Some ask for your address too. If not only certain parts of it; only the zip code is really needed.

This was long before the police state laws became into effect.

So why the laws now? It takes 2 minutes to hunt down a person and most of that is getting the forum host to comply.

[ruggerson]

3. What's the federal statute?

Do you know the name of it?

[TechBear_Seattle]

6. The federal statute has to do with stalking

It did nothing more than close a loophole that made it a criminal offense to stalk someone using telephones and public mails (ie via interstate commerce) by making such stalking a criminal offense when done through the internet.

The law mentioned by the OP seems to be something new and frighteningly different.

[ruggerson]

7. That's what I thought

this takes Republican police state crap to a new level of idiocy

[havocmom]

8. Why now? The junta/corporations can't control the internet

and people are bypassing MSM, getting real news and passing it on. This is about intimidating many into not participating in a form of media where ideas are exchanged without the control of the neocon control freaks and their corporate masters.

[TechBear_Seattle]

4. The law is essentially unenforceable

You can always sign up with a provider that is outside of the state. Worst case, sign up with a provider outside the country.

[ruggerson]

5. Here's a link

http://news.com.com/The+problem+of+thin-skinned+politicos/2010-1028_3-6046090.html


A New Jersey politician is hoping to outlaw anonymous speech on the Internet, claiming that civility must be mandatory in political debate.

State Assemblyman Peter J. Biondi, a Republican from Somerset County, recently introduced legislation that would require any "public forum Web site" to solicit the legal name and addresses of everyone who can post messages to it.

What irks Biondi, a top Republican in the state assembly, is the political free-for-all that has grown around the New Jersey Star-Ledger's discussion site at NJ.com. The site's forum for Somerset County--that is, Biondi's home district--is home to a slew of pseudonymous posts that tend to be less than kind to local politicians.

When news reports revealed that Somerset County Sheriff Frank Provenzano appropriated more than $5,000 from a petty cash account to pay for his dry cleaning, the NJ.com posts were not flattering. One message from "nodoubletalk" called Provenzano a "thief, plain and simple," while one from "xyzzy" quipped: "That's what we get for voting Republican."

(more)

[Dave Reynolds]

9. Shit, I am compliant before I have to be.

Hate when that happens.

[greyl]

11. Studies show that internet alter-egos can contribute to

'schizophrenic' behavior in the outernet and retard development of the psyche as related to the material world.
no they don't

[Dave Reynolds]

13. It's okay to talk to yourself,

it's when you answer that there becomes a problem.

:crazy:

[greyl]

14. That doesn't make sense.

If you talk to yourself, you'd have to be crazy not to listen right? ;)

[ruggerson]

16. sybil, is that you?

n/t

[ticapnews]

10. ....or to register a legal name and address...

My name is George Bush.
1600 Pennsylvania Avenue
Washington, DC 20008

Prove otherwise.

[TreasonousBastard]

12. Probably bullshit...

since less than 10% of the bills proposed in Trenton ever even see debate. When I lived there I got "urgent" emails and phone calls all the time about some dreadful law being proposed, and almost all of them just dropped out of sight.

Somebody paid this prick to sponsor this bill, and it might see the light of day if they pay enough others to look at it. Probably won't happen, though.

That's pretty much the way it works in Joisey. They call it "pay to play" and it's so ingrained that they laugh about it.

[fearnobush]

15. And the bill will go absolutely no where. That's why we Nj's have Dem

control of all houses of our state Government. Nice try fascists. Now go home and run your little dictatorships in your own dam homes. Republicans - stay fuck out of my personal life you big government bastards.

[chalky]

17. I'll guaran-damn-tee you one thing: If this DOES go further, the first to

be up in arms over it will be those smarmy "If you don't have anything to hide, don't worry about it!" jackasses that post their uninvited and ignorant rants on various boards all over the net.

On the plus side, this would seriously cut down on the Freepers doing drive by posts here at DU.

[TorchTheWitch]

18. It's already dead in the water

A poster here yesterday wrote to Peter Biondi with concerns about this bill, and he replied that it's already dead, mostly due to uninforcability and freedom of speech issues.

On Edit...

It was in this thread...
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x595676

This post...

Kber (680 posts) Tue Mar-07-06 12:35 PM
Response to Original message
12. FYI - Resonse to my e-mail
looks the the legislation is a no-go

see below:

Dear Kxxx:

Thank you for your e-mail. I understand your concerns with my recently
proposed legislation. Based on the number of negative responses I have
received about this legislation I have asked the NJ Office of Legislative
Services to prepare an opinion regarding this bill's enforceability and
constitutionality.

I did not draft this bill with intent to limit freedom of speech. The
intent behind this legislation was to bring some civility back to public
forums, in particular the forums on www.nj.com . As I receive more feedback
from, literally, around the country, it is becoming apparent that the bill
may be too broad in scope and in reality not enforceable.

As an aside, this bill was only introduced in January. There have been no
committee hearings regarding this bill and there are none scheduled to my
knowledge. I am getting inundated with responses which I will review and
use to better educate myself on the implications of this bill. If, after
reviewing all of the correspondence and the opinion of OLS, it turns out
that the bill is, in fact, unworkable, I will certainly reconsider and
withdraw it. In other words, this is not something that will happen
overnight.

I appreciate your position and I will certainly use your commentary as I
further study the unintended consequences of this legislation.

It is unfortunate, from my perspective, that while my intention here was
civility and respectfulness, it turns out that it may have gone too far.

Thank you again for your e-mail and if I can do anything for you in the
future, please do not hesitate to contact my office.

Sincerely,

Pete Biondi
Assemblyman

[Zinfandel]

19. Just keep in mind the republican think tanks are hard at work...

each and every day thinking of the most effective way to control the Internets free speech & idea's, republicans hate it...And they will ultimately get their legislation through...be sure of it...and it will be as it always is, and never fails... "to protect the children" - bullshit!!!!!!!!!!