Proposed N.J. Bill & The Internet

A New Jersey Bill would prohibit anonymous posts on forums.

If this Bill gets passed in New Jersey, it would make it difficult for an operator/owner of an internet forum, and posters too. The internet forum owner and posters could be sued!!! It would also be the responsibility of the forum owner to get the name and address of all of its members. I am wondering if this Bill will pass and, if it does, how long it will be until other states follow suit.

ASSEMBLY, No. 1327-- STATE OF NEW JERSEY--212th LEGISLATURE-- PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION

Snips

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.

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. More at link

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

Jean said:

A New Jersey Bill would prohibit anonymous posts on forums.

If this Bill gets passed in New Jersey, it would make it difficult for an operator/owner of an internet forum, and posters too. The internet forum owner and posters could be sued!!! It would also be the responsibility of the forum owner to get the name and address of all of its members. I am wondering if this Bill will pass and, if it does, how long it will be until other states follow suit.

ASSEMBLY, No. 1327-- STATE OF NEW JERSEY--212th LEGISLATURE-- PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION

Snips

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.

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. More at link

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

Click to expand...

I think this stinks. We are becoming more an more like the old Soviet Union.

The government in this country isn't happy until they conquer and control every aspect of our lives and it's hitting the internet because we have let them do it with everything else. Mandatory seat belt laws aren't made to save lives it's to generate more money for government spending but they play up the saving lives front and it's sneaky, underhanded and dishonest. That's one very tiny example to use point out a law that was enacted nationwide after the first states proved it to be a very profitable law at our expense. If that were the real reason then they are still saying we are too stupid or shouldn't be trusted to make that decision for ourselves.

Ok so now the latest issue with privacy on the internet on message boards? Let me guess, they're going to say it's to catch terrorists and child molesters and decent citizens have nothing to concern themselves with. If that law passes funding will be needed for the boards to be monitored. I can give many more valid reasons for it to cause real harm to law abiding citizens like myself and I know others have just as valid ones as me and has nothing to do with being up to no good on the internet. If anything it opens us up to becoming victims by the criminal elements online and there will be instances of it. Once they breach that gap it'll be a domino effect and then the criminals will get the upper hand and format what the government is doing. AOL had a huge problem with employees selling customers information and a trend of this nature will result from an internet id system.

Another thought just hit me as I looked it over again it's clearly a way for the government to control what gets put out there about them! No?
It hit me when I thought about it enabling lawsuits for defamation of character that kind of thing as in who could be caused damage on blogs and message boards etc. Celebrities, politicians. Wasn't it a blog that pushed Dan Rather into retirement or something like that but it was because he was exposed not because the blogger did anything wrong or was dishonest.

The internet is the last bastion of really free spech that we have. Also much of what is really happening is comming out from there. Many things have been exposed that never would have without the internet.

Under some ruse thy will work on taking that from us also.

I am a transplant here in NJ, but I do like it. It just seems that government is ruling too many aspects of our life. Just last night, I heard from someone at my hubby's former place of employment was being billed for 6 yrs. of state sales tax for his internet purchase of cigarettes. I don't see how they can do this. There was no reciprocal agreement with the states in question to collect the sales tax, so they couldn't, even if they wanted to. Where would they have remitted those taxes? It's all about the money and NJ was losing a boatload of it. Our cigarettes are taxed through the roof, with even the cheapest brands being well over $5.00 a pack. No wonder so many people here drive to Delaware. Wonder if they will be next to be hit for out-of-state purchases? There is a place on the NJ income tax forms where you are to declare your out of state purchases. Wonder how many do?

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.

There was a case about a person who was "upset" with a company, so of course he posted "damaging" information about this company and they suffered losses in the millions and the shareholders also suffered a financial loss. They have no idea who posted this information as they "hid" behind the internet. Well that can't happen now. They will be held accountable and have condequences to their actions. The information that this person posted was of course false and was meant to harm the company and shareholders.

What about a man who posts "perverted stories about little kids and he says he has harmed many children. Again, he is not a nameless person.......LE would want to know who he is to investigate.

Or a person who "is going" to commit a crime, has committed a crime and "confessed" in a post, or "threatens" a person, or bullies a person, or threatens bodily harm, or to blow up a school, or plant a bomb. They don't have the "ability" to hide their identity as now everyone will know who they are. Just the fact that they want the internet content provider to have a legal name and address says it all.

What prevents a person from posting on a site: That I barely passed law school and I am an incompetant lawyer, I steal from my clients, I beat my kids, I do drugs in and out of court, I am up on criminal charges, I have a drinking problem and no one should hire me as a lawyer because of my drug problems and that I abuse my kids.

Then my business suffers, I am investigated by Children's Aid, the law society, my law partner "leaves", an audit is one on my books, I am called a "child abusing lawyer junkie" by other people, my business fails.........

Of course all of this is false and meant to harm my business and family.

Should I just sit back and allow a person to ruin my life, reputation and business all the while hiding behind the internet, with no consequences or accountability as to the accuracy or truthfullness of their statements.

You can bet your bottom dollar that I would want to know who they are so I can take them into "real life" court in the real world, not cyberspace and hold them accountable for the lies and falsehoods. Especially to my life, my family, my reputation and business.

What about a person who "approaches" chiildren on "chat rooms" and has no qualms about posting information or making suggestions to children because of course he thinks he will not be caught because he is "hiding" behind the internet. What about "explicit" talk with a 12 year old with an "invitation" to meet the person..........

What about the guy who confesses to a crime, or "expresses" interest in blowing up his school, with his friends, and posts that "tomorrow" will be the day that I plant the bombs and so many kids will die.

Or the man who post a women's phone number and address with the "expressed"' invitation to "visit" her.

She ends ups getting "strangers"' coming to her door demanding that she spend time with them as that is "what was posted".

She has to leave to go to a hotel so she feels safe and then make arrangments to move and tor leave her job as the "person posted" what time she leaves for work, what she looks like, her car make and model, where she works.

Then he posts, that why don't you wait for her in her driveway, or outside her office her name is Mary Smith and she "loves" to party.

This of course was posted by her "vengeful" ex boyfriend, who wanted to get "back" at her for dumping him.

Heck he even posted the security code to her home.

This women is in fear, can't go to her home, can't go to work and sits in a hotel room, safe and sound, wondering OMG when or if is this going to end. She loses her job, her savings, her reputation, her home. All the while her ex-boyfriend is sitting behind his computer posting other things about her. Hiding behind his computer........

So again this law will make people accountable for what they post in cyberspace.

It will actually bring them into the "real world" with real world consequences. No more hiding..........

Good news, imo.

Internet Backlash Stalls Jersey Civility Bill

A New Jersey lawmaker's attempt to legislate civility on an Internet discussion board runs into a wall of opposition from bloggers and others who saw it as an attempt to stifle free speech.

http://www.informationweek.com/news/showArticle.jhtml?articleID=181503705&subSection=Columns

A New Jersey Assemblyman's Internet civility bill is on ice since opponents blasted it as an assault on free speech.
Assemblyman Peter Biondi and his staff said they were trying to curb malicious exchanges on some local discussion boards when they introduced a bill requiring people to provide their real names and addresses before posting on public Web sites. The bill also stated that hosts could be sued for failing to disclose the identities of people disseminating false or defamatory information.

Biondi's staff drafted the measure late last year. In was introduced in January. The bill hadn't even made it to committee before a small weekly newspaper published an article about it and Internet news providers began spreading the word. Then, callers from as far away as Canada deluged Biondi's office with complaints.

"For a bill that's basically one of 45 just sitting there to be picked out – and for people in Portland, Oregon and Canadian broadcasters to be calling about it – it's a little bizarre," Biondi's Chief of Staff Scott Ross said during an interview. "For something that's not even on the radar screen in Trenton, it's incredible. It's definitely a first for us. It hit the Drudge Report and it was like 'Holy moly!" More at link

Please forgive my naivete regarding the internet, etc., but can't a person be traced through their IP? I know we have a local internet board here which sometimes gets out of hand, and it has been explained to me that someone REALLY causing trouble can be traced. Anyway, I have no intention of posting anything that can create problems for anyone who does not deserve it, but I am quite uneasy with more of the Big Brother stuff. It seems bad enough now with the government okaying wiretapping, etc. etc. Ok, no more political posts here; I will go to the political forum for that.

Sniffy38 said:

I am a transplant here in NJ, but I do like it. It just seems that government is ruling too many aspects of our life. Just last night, I heard from someone at my hubby's former place of employment was being billed for 6 yrs. of state sales tax for his internet purchase of cigarettes. I don't see how they can do this. There was no reciprocal agreement with the states in question to collect the sales tax, so they couldn't, even if they wanted to. Where would they have remitted those taxes? It's all about the money and NJ was losing a boatload of it. Our cigarettes are taxed through the roof, with even the cheapest brands being well over $5.00 a pack. No wonder so many people here drive to Delaware. Wonder if they will be next to be hit for out-of-state purchases? There is a place on the NJ income tax forms where you are to declare your out of state purchases. Wonder how many do?

Click to expand...

Just and FYI - we as consumers are required to pay sales tax to the State of New Jersey for certain purchases. The sellers of those products collect the sales tax FOR US and remit it FOR US the buyers. Essentially, they hold it in trust for the state - thus, it is usually called a "trust fund tax". If sales tax is not collected and/or remitted on a taxable purchase, the Division of Taxation can either go after the buyer for the tax, or go after the seller for the tax. If your husband's employer purchased a taxable product which was shipped to New Jersey, it is subject to New Jersey sales and use tax. If he didn't pay sales tax at the time, then it, theoretically, was his responsibility to fill out a remittance form and submit it to the state. Yes, I know, noone does that, but if you don't and get caught the interest and penalties are usually higher than the tax itself.

The good news is that you can appeal any assessment of the Division of Taxation to their Conference and Appeals branch, and consequently to the Tax Court of New Jersey, which, by the way, is one of only THREE certified state Tax Courts in the Country.

Oh, one more thing - the reason cigarettes are taxed so high in NJ is because once someone gets sick from smoking they can't pay for their health care and the state picks up the bill. So, since we have to pay for smokers when they're sick, the theory is that they should pay when they purchase the poison that makes them sick in the first place.

You can trace an IP numbrer which is a unique number. But again it depends if the IP number is leased, or static. Again also who is to say that you provided your real name etc to the IP provider. This way, is an investigative tool, I would think you need at least by LE an order to get the company to provide personal information. This way I read it seems to be on "demand" for easier access, but I have not read the full text.

Of course people will see this as an "infringement" on their right to free speech, but the WWW, is not the Wild West World, and if people thought it was "well a new sheriff" to trying to bring order to the "wild frontier".

Thanks, CyberLaw--Somehow all this is beginning to scare me.