http://www.njleg.state.nj.us/2006/Bills/A1500/1327_I1.HTM
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.
Full Version: New Law-Is this the most IMPORTANT POST EVER??????
This is big brother at its best(worst).
I would think this should be of utmost concern for whoever uses any internet board (such as this one), and anyone else for that matter too
Dissent? There won't be no stinkin' dissent
I would think this should be of utmost concern for whoever uses any internet board (such as this one), and anyone else for that matter too
Dissent? There won't be no stinkin' dissent
The most important post EVER on CGCS was my recent post about the tax revolt of 2000.
Unless that tax issue is finally understood by Dems, "proposed" laws like this may actually come into effect.
Unless that tax issue is finally understood by Dems, "proposed" laws like this may actually come into effect.
what freedoms will we have left after bushco gets done
Article Launched: 3/07/2006 01:00 AM
denver & the west
Governor praises student who taped criticism of Bush
He says he's surprised by the backlash against the teen and says the teacher should have balanced his lesson.
By Robert Sanchez and Chris Frates
Denver Post Staff Writers
DenverPost.com
Gov. Bill Owens praised the Overland High School student who taped and then made public a teacher's classroom criticism of President Bush's foreign policy, saying Monday that the teenager has been unfairly targeted for ridicule.
Speaking on a radio show, Owens said the Cherry Creek School District is properly handling an investigation into the recording of teacher Jay Bennish by one of his geography students, Sean Allen, 16.
"What's interesting to me is the backlash" against Allen, Owens said on "The Mike Rosen Show" on 850 KOA-AM, adding that Bennish would now have to "defend himself to the people that pay his salary."
Bennish's attorney, David Lane, said Monday that it isn't surprising the governor spoke out against Bennish, considering that Owens called "for the state to punish Ward Churchill" and supported an amendment to require the Pledge of Allegiance.
"The governor has demonstrated a lack of knowledge about the First Amendment for many, many years," Lane said. He "has a First Amendment right to say whatever he wants."
The district will complete its investigation today or Wednesday, Cherry Creek schools spokeswoman Tustin Amole said. Bennish was placed on administrative leave last week.
Amole said investigators want to speak with him one last time before concluding their investigation into whether he violated policy on teaching controversial subjects.
Lane said the district plans to tell Bennish the results of its investigation at noon Wednesday. Lane said he expects Bennish to be back in the classroom Thursday.
In the 20-minute recording made on an MP3 device, Bennish said there were "eerie similarities" between what Bush said during his recent State of the Union address and "things that Adolf Hitler used to say." He also said capitalism is "at odds with human rights."
At the end of the recording, Bennish said, "I'm not in any way implying that you should agree with me."
Students said the teacher has strong support and that Allen has become a target, even though the teen has not returned to school since the recording was made public.
"Everybody's mad" at Allen, said Phil Tekle, a 17-year-old junior who had a geography class with Bennish as a freshman. "People are saying that if they see him, they want to beat him up. I think that's just talk, though."
In interviews with nearly a dozen current and former Bennish students, teenagers told The Denver Post that the 28-year-old teacher wanted an open forum in his classroom and conducted good-hearted debates with his students. Bennish often criticized the president, they said.
"A lot (of the students) weren't used to having a teacher who was so in your face, but they got used to it and everyone opened up after that," said Devin Walecka, 18, who attends college and was Bennish's teaching assistant last school year. "He was very provocative, and he was fine if you didn't agree with him."
Jasmine Meadows, 16, said Bennish allowed students in her history class to leave the room if they didn't agree with the direction that discussions were heading. No one left, she said.
"I agree with him sometimes, and the other times, I just ignore him," the high school junior said. "You could say what you wanted to say in his class."
Lane said Bennish has received an "endless amount of death threats and hate mail" but planned to talk to NBC's "Today" show this morning in New York.
Allen, too, had a TV appearance scheduled Monday night on the Fox News program "Hannity & Colmes." The teen said Monday that he intends to transfer to a different school.
For his part, Owens said Bennish should have presented both sides of the argument on Bush's policies.
"I'll bet that you don't have Mr. Bennish balancing later in the day talking about the good things that the United States is doing in Iraq, discussing why George Bush is not similar to Adolf Hitler," the governor said. "I'll bet there just aren't any tapes from any student of Mr. Bennish giving that other side."
Staff writers Jennifer Brown and Karen Rouse contributed to this report.
Staff writer Robert Sanchez can be reached at 303-820-1282 or rsanchez@denverpost.com.
Article Launched: 3/07/2006 01:00 AM
denver & the west
Governor praises student who taped criticism of Bush
He says he's surprised by the backlash against the teen and says the teacher should have balanced his lesson.
By Robert Sanchez and Chris Frates
Denver Post Staff Writers
DenverPost.com
Gov. Bill Owens praised the Overland High School student who taped and then made public a teacher's classroom criticism of President Bush's foreign policy, saying Monday that the teenager has been unfairly targeted for ridicule.
Speaking on a radio show, Owens said the Cherry Creek School District is properly handling an investigation into the recording of teacher Jay Bennish by one of his geography students, Sean Allen, 16.
"What's interesting to me is the backlash" against Allen, Owens said on "The Mike Rosen Show" on 850 KOA-AM, adding that Bennish would now have to "defend himself to the people that pay his salary."
Bennish's attorney, David Lane, said Monday that it isn't surprising the governor spoke out against Bennish, considering that Owens called "for the state to punish Ward Churchill" and supported an amendment to require the Pledge of Allegiance.
"The governor has demonstrated a lack of knowledge about the First Amendment for many, many years," Lane said. He "has a First Amendment right to say whatever he wants."
The district will complete its investigation today or Wednesday, Cherry Creek schools spokeswoman Tustin Amole said. Bennish was placed on administrative leave last week.
Amole said investigators want to speak with him one last time before concluding their investigation into whether he violated policy on teaching controversial subjects.
Lane said the district plans to tell Bennish the results of its investigation at noon Wednesday. Lane said he expects Bennish to be back in the classroom Thursday.
In the 20-minute recording made on an MP3 device, Bennish said there were "eerie similarities" between what Bush said during his recent State of the Union address and "things that Adolf Hitler used to say." He also said capitalism is "at odds with human rights."
At the end of the recording, Bennish said, "I'm not in any way implying that you should agree with me."
Students said the teacher has strong support and that Allen has become a target, even though the teen has not returned to school since the recording was made public.
"Everybody's mad" at Allen, said Phil Tekle, a 17-year-old junior who had a geography class with Bennish as a freshman. "People are saying that if they see him, they want to beat him up. I think that's just talk, though."
In interviews with nearly a dozen current and former Bennish students, teenagers told The Denver Post that the 28-year-old teacher wanted an open forum in his classroom and conducted good-hearted debates with his students. Bennish often criticized the president, they said.
"A lot (of the students) weren't used to having a teacher who was so in your face, but they got used to it and everyone opened up after that," said Devin Walecka, 18, who attends college and was Bennish's teaching assistant last school year. "He was very provocative, and he was fine if you didn't agree with him."
Jasmine Meadows, 16, said Bennish allowed students in her history class to leave the room if they didn't agree with the direction that discussions were heading. No one left, she said.
"I agree with him sometimes, and the other times, I just ignore him," the high school junior said. "You could say what you wanted to say in his class."
Lane said Bennish has received an "endless amount of death threats and hate mail" but planned to talk to NBC's "Today" show this morning in New York.
Allen, too, had a TV appearance scheduled Monday night on the Fox News program "Hannity & Colmes." The teen said Monday that he intends to transfer to a different school.
For his part, Owens said Bennish should have presented both sides of the argument on Bush's policies.
"I'll bet that you don't have Mr. Bennish balancing later in the day talking about the good things that the United States is doing in Iraq, discussing why George Bush is not similar to Adolf Hitler," the governor said. "I'll bet there just aren't any tapes from any student of Mr. Bennish giving that other side."
Staff writers Jennifer Brown and Karen Rouse contributed to this report.
Staff writer Robert Sanchez can be reached at 303-820-1282 or rsanchez@denverpost.com.
No, the most important post EVER on CGCS was the post I made a year ago, but I don't remember what it was about.
But seriously folks... If this law gets passed, then we should be able to sue whoever makes a road if we have an accident on it. We should be able to sue the electric company if we get shocked by a wire in our home. We should be able to sue any TV or radio company who runs a show we don't like.
If the law would get passed, then I forsee most of these web operations moving to Jamaica, Mexico, Canada, etc.
But seriously folks... If this law gets passed, then we should be able to sue whoever makes a road if we have an accident on it. We should be able to sue the electric company if we get shocked by a wire in our home. We should be able to sue any TV or radio company who runs a show we don't like.
If the law would get passed, then I forsee most of these web operations moving to Jamaica, Mexico, Canada, etc.
QUOTE(MrJim @ Mar 7 2006, 09:58 AM)
No, the most important post EVER on CGCS was the post I made a year ago, but I don't remember what it was about.
But seriously folks... If this law gets passed, then we should be able to sue whoever makes a road if we have an accident on it. We should be able to sue the electric company if we get shocked by a wire in our home. We should be able to sue any TV or radio company who runs a show we don't like.
If the law would get passed, then I forsee most of these web operations moving to Jamaica, Mexico, Canada, etc.
But seriously folks... If this law gets passed, then we should be able to sue whoever makes a road if we have an accident on it. We should be able to sue the electric company if we get shocked by a wire in our home. We should be able to sue any TV or radio company who runs a show we don't like.
If the law would get passed, then I forsee most of these web operations moving to Jamaica, Mexico, Canada, etc.
Yes, and we should sue gun mfgrs when someone hurts someone else with their products.
You are right MrJim, it's the same issue.
The courts will overturn this piece of garbage legislation if the idiot's in the legislature are dumb enough to enact it IMHO.
Trying to make one party responsible for what another says... imposed censorship... has already been through the courts in similar cases. There is legal precedent against this sort of law I believe.
P.S. Isn't this the typical GOP way of trying to impose their desires on others. If you can't shoot the pirate... sink the boat. When will people ever learn that you can't legislate morality or behavior.
Trying to make one party responsible for what another says... imposed censorship... has already been through the courts in similar cases. There is legal precedent against this sort of law I believe.
P.S. Isn't this the typical GOP way of trying to impose their desires on others. If you can't shoot the pirate... sink the boat. When will people ever learn that you can't legislate morality or behavior.
QUOTE(Sunshine @ Mar 7 2006, 08:21 AM)
The most important post EVER on CGCS was my recent post about the tax revolt of 2000.
Unless that tax issue is finally understood by Dems, "proposed" laws like this may actually come into effect.
Unless that tax issue is finally understood by Dems, "proposed" laws like this may actually come into effect.
No way. The most important post EVER was mine about the TomKat breakup.
Hands down.
Case closed.
'Nuff said.
:irish1:
QUOTE(Pegatha @ Mar 7 2006, 10:31 AM)
No way. The most important post EVER was mine about the TomKat breakup.
Hands down.
Case closed.
'Nuff said.
:irish1:
Hands down.
Case closed.
'Nuff said.
:irish1:
Hmm, maybe so.
QUOTE
Yes, and we should sue gun mfgrs when someone hurts someone else with their products.
No, that was made illegal. Can't do it. How convenient.
QUOTE(Pegatha @ Mar 7 2006, 10:31 AM)
No way. The most important post EVER was mine about the TomKat breakup.
Hands down.
Case closed.
'Nuff said.
:irish1:
Hands down.
Case closed.
'Nuff said.
:irish1:
I, too, believe the proposed legislation, if it is passed, will be struck down by the courts.
But it bears watching !
PS: vet, I think your post needs it's own thread ! I saw the teacher on the TODAY SHOW
and could not believe that mess. It made me think of own teachers on this forum.
Biondi is in the minority --- bill not going anywhere...
Bush can just sign a memo and make it law
More attacks for the blogs it seems. This is so Hitlerist. 
QUOTE(graham4anything @ Mar 7 2006, 09:10 AM)
This is big brother at its best(worst).
I would think this should be of utmost concern for whoever uses any internet board (such as this one), and anyone else for that matter too
Dissent? There won't be no stinkin' dissent
I would think this should be of utmost concern for whoever uses any internet board (such as this one), and anyone else for that matter too
Dissent? There won't be no stinkin' dissent
QUOTE(tazvil04 @ Mar 7 2006, 01:05 PM)
Biondi is in the minority --- bill not going anywhere...
go for it pie every time i start one end up with know replys
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