By Bernie on 07 Apr 2006
There are two proposed bills in the State of New Jersey, A1327 and A2623. (1)
The first bill is sponsored by idiot Assemblyman Peter J. Biondi, while the second is sponsored by morons Wilfredo Caraballo and Upendra J. Chivukula. Although sponsored by different assholes, the two bills share much in common. They aim to protect individuals against "defamatory" statements from anonymous posters.
Both aim to force "operators" of any interactive service, such as online communities, blogs, forums, etc, to maintain a database of the legal identification of its userbase. Rest of story here.
Anyone who votes for this legislative crap is equally a moron and idiot. Why not have a law requiring all persons who control and maintain public restrooms to register all users to prevent anonymous bathroom wall defamations? And if we do that, how will we ever know that blowjob Mary can be reached at 555-7769?
There I said it.
Anyone wishing to sue me can email firstname.lastname@example.org to obtain my attorney's name and address, you jerks, dunces, NetNazis, fascist pissants and legislative whores.
The Rant Shack blog thinks the "J" in Peter J. Bondi may stand for "jackass". (2)
And the cause of all this ruckus?
BuzzMachine, Those NJ.com forums
I am damned proud to have started the forums that caused New Jersey Assemblyman Peter Biondi to propose the stupidest legislation in memory (well, at least since Raritan, NJ, tried to outlaw cursing).
ASSEMBLY, No. 1327 STATE OF NEW JERSEY 212th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION
Assemblyman PETER J. BIONDI
District 16 (Morris and Somerset)
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
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.
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.
The Rant Shack, Slashdot | NJ Bill Would Prohibit Anonymous Posts on Forums
This does not require operators of Web sites to track personal information. Rather, it requires them to police their Web sites to make sure they are not in violation of this proposed law. Apparently, according to NJ Assemblyman Peter J. Bondi (the "J" just may stand for "jackass"), providing a product or service makes you responsible for how people use it. If this was the case…
- Louisville Slugger, legendary manufacturer of baseball bats, would have been responsible when the mob beat up Curtis Sliwa, founder of the Guardian Angels.
- General Motors, the American car giant that is treading on dangerous financial waters, would be responsible for vehicular manslaughter crimes committed by cars they manufacture.
- Mr. Wizard, author of this blog post, would be responsible if you posted an anonymous comment in which you said a false statement that injures someone. So would BlueHost, the ISP which hosts this Web site. So would the manufacturer of the software which operates the Web server, and perhaps even the manufacturer of the Web server itself.
Anyone may republish this article for non-commercial use without asking my permission. I make it easy, see details here.
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