Sad Day If This Happens

[mykidsdad]

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.




DUH, I'm not so dumb, I've been practicing!!!!

[4honor]

The definition of Information Content Provider is vague enough that it would be unenforceable against a private party who has made no money from the "creation or development of information" and thus is not responsible for the "creation or development of information".

So as I read it (and I am a layman, not a lawyer) Joe Blow who is just blogging could not be successfully sued, but a web developer, a journalist, a publisher or publicist, etc could be... and that is not any different than in any other print media.

The key in a lawsuit, is DOES the person you are suing have something you could take if you win?