NJ Bill makes anonymous forum posting illegal

[GeorgeWendtCFI]

Here is the statement from NJ Assembly Bill 1327. This is going to be extremely difficult to enforce.

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.

[Steamer]

It sounds like someone's brother-in-law needs a job.

[Dalmatian190]

Not a snow balls chance in hell it would be upheld under current U.S. Supreme Court case law.

From McIntyre v. Ohio Elections Commission (1995)

Under our Constitution, anonymous pamphleteering is not a pernicious, fraudulent practice, but an honorable tradition of advocacy and of dissent. Anonymity is a shield from the tyranny of the majority.

Which referenced heavily Talley v. Los Angeles (1960):
Despite readers' curiosity and the public's interest in identifying the creator of a work of art, an author generally is free to decide whether or not to disclose her true identity. The decision in favor of anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of one's privacy as possible. Whatever the motivation may be, at least in the field of literary endeavor, the interest in having anonymous works enter the marketplace of ideas unquestionably outweighs any public interest in requiring disclosure as a condition of entry.


Requiring the collection of identifying information will be found to be a First Amendment violation.

That's not to say there is a corresponding obligation to protect privacy -- if a provider collects information such as IP addresses, credit card numbers, etc they can be compelled to turn those over.

Just my humble opinion of course

[GeorgeWendtCFI]

Not a snow balls chance in hell it would be upheld under current U.S. Supreme Court case law.

From McIntyre v. Ohio Elections Commission (1995)

Under our Constitution, anonymous pamphleteering is not a pernicious, fraudulent practice, but an honorable tradition of advocacy and of dissent. Anonymity is a shield from the tyranny of the majority.

Which referenced heavily Talley v. Los Angeles (1960):
Despite readers' curiosity and the public's interest in identifying the creator of a work of art, an author generally is free to decide whether or not to disclose her true identity. The decision in favor of anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of one's privacy as possible. Whatever the motivation may be, at least in the field of literary endeavor, the interest in having anonymous works enter the marketplace of ideas unquestionably outweighs any public interest in requiring disclosure as a condition of entry.


Requiring the collection of identifying information will be found to be a First Amendment violation.

That's not to say there is a corresponding obligation to protect privacy -- if a provider collects information such as IP addresses, credit card numbers, etc they can be compelled to turn those over.

Just my humble opinion of course

OK, Mr. Expert...did you not read the part where this is in NEW JERSEY? When has the constitution of the US ever played the slightest role in what our legislature does? Please read carefully before you post.

[DeputyChiefGonzo]

OK, Mr. Expert...did you not read the part where this is in NEW JERSEY? When has the constitution of the US ever played the slightest role in what our legislature does? Please read carefully before you post.

I can see every firefighter complying with the name they get called at the firehouse by using it on an internet forum...

Posted by: Dick Head
Posted by: A.S. Shole
Posted by: S. Hitforbrains
Posted by: S. Crotumbreath
Posted by: B.A. LLbuster

[NYSmokey]

Captain Gonzo,

You forgot a few brothers....I.P Freely, Dick Hertz, Haywood Jablowme, and Jack Mehoff

[Res343cue]

What about our friends

"Harry Ol'Dick" and "Ben D. Meover"

[scfire86]

OK, Mr. Expert...did you not read the part where this is in NEW JERSEY? When has the constitution of the US ever played the slightest role in what our legislature does? Please read carefully before you post.

If it passes. And is challenged, federal authority via the Constitution would supercede.

That's a no brainer.

[RDog14]

I don't see this happening either. I didn't research the bill's wording but New Jersey what? Is it refering to a poster that lives in NJ, a website operated by someone in NJ, or hosted on a server in NJ? It looks like there are too many unanswerable questions.

And not to pick on NJ, but aren't there more important things to worry about?

[GeorgeWendtCFI]

And not to pick on NJ, but aren't there more important things to worry about?

No. This is NJ. If there weren't things like this to worry about, they would have to concentrate on the $1.5 BILLION deficit they have right now. Concentrating on issues like anonymous Internet forum posting allows them to do something without doing something.

BTW, I re-read my response to Dal. Please understand the sarcasm mode was on HIGH.

[MalahatTwo7]

Who is this NJ Bill guy anyhow? His name pops up from time to time, but is this his "real" name? Is he like Buffalo Bill or Wild Bill Hicock?

[pvfire424]

Posted by: Dick Head

Dont forget his "proper" name Richard Cranium.

[nmfire]

So when does this apply?
- If the user lives in New Jersey?
- If the owner of the forum lives in New Jersey?
- If the hosting service is in New Jersey?

[MalahatTwo7]

So when does this apply?
- If the user lives in New Jersey?
- If the owner of the forum lives in New Jersey?
- If the hosting service is in New Jersey?

HEY! That was a serious question.

[MichaelsDad]

I can see every firefighter complying with the name they get called at the firehouse by using it on an internet forum...

Posted by: Dick Head
Posted by: A.S. Shole
Posted by: S. Hitforbrains
Posted by: S. Crotumbreath
Posted by: B.A. LLbuster

You also forgot:
Posted by: Hugh G. Rection
Posted by: Connie Lingus
Posted by: Harry P. Ness

[jaybird210]

You also forgot:
Posted by: Hugh G. Rection
Posted by: Connie Lingus
Posted by: Harry P. Ness

Let me add:

Posted by: Harry Palms
Posted by: Lt. Dilligaf (acronym, for those that don't know)

And my own perosnal favorite, used with surprising regularity (by me):

Posted by: S. Fincter

[DennisTheMenace]

It won't pass.

[backsteprescue123]

I think it was Thomas Jefferson who said, "Dissent is the highest form of patriotism."

[MalahatTwo7]

Ms Hugh Gass (better pronounced with a 'eavy French accent)

[Dave1983]

I used to live next door to a Harry Dick. No, I really did.