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BS bill from New Jersey
This bill may only affect forum owners from New Jersey but this kind of stuff doesn't even need to start. Granted in certain circumstances forum owners may be liable for things that their users post, but this pushes it to a whole new level:
http://www.njleg.state.nj.us/2006/Bi...00/1327_I1.HTM
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.
Why is this bad? #1 because people should not have to give out personal information to anyone in order to post on an internet forum. Do that, and registrations and use will drop. It might not be catastrophic, but it will drop, be it 10%, 20%, 30%, I don't know.
I'm going to be posting this on my blog and I'll be sending this information to other bloggers. If you own a forum let your users know about this.
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I think this bill would be found unconstitutional on First Amendment grounds. Also it would only be enforceable for forums that are based in NJ or where the forum owner lives in NJ. In addition to being fought on First Amendment grounds this law could be fought on the grounds that states can not interfere with interstate commerce.
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Plus I'd see it as a violation of due process & privacy.
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Absolutely, but that never prevented a bill from passing into law.
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If an attorney wants to chase someone down for slander or libel that is their problem, forums are not responsible for what posters post, court rulings have already come out stating that!
If a forum has a disclaimer stating that the authors are responsible for their posts and not the forum then there is not much anyone can do to the forum owner as long as the member agreed to such!
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See what you guys are missing here is the fact that NJ doesnt follow US laws, it's the home of the 4th reich! That my friends is why I moved "next door" to PA 20 years ago!
