Coming to an ISP near you???

[dalek]

Well talk about a wolf in sheep's clothing, seems an assemblyman in New Jersey because of defamation would like to instigate a law which would make signing into a forum as transparent as possible, in other words, your real name and address so if there is a case of defamation, they can go after the person.

New Jersey Assemblyman introduced bill to force online identification

Peter J. Biondi, NJ Assemblyman for District 16, has introduced A1327 , a bill to force every ISP and website with comments/forums to demand user identification from every single poster (called an "information content provider" in the bill). While ostensibly an effort to stop defamation on the net, the identification requirements apply to all posters, not just those who defame others:

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.

The bill also forces all ISP and websites to turn over that information upon demand to anyone who claims to have been defamed, without any legal process or protections:

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.

There is no doubt that defamation is illegal, but this kind of a solution to the problem is a nightmare. There are many legitimate reasons to post anonymously online. For example, gay teens in homophobic areas often go online to ask questions anonymously about their sexual identity; sexual assault victims often seek support and recovery resources anonymously online; and patients interested in controversial procedures like abortion often need anonymity to seek medical information safely.

Under this bill, all of these people would have to identify themselves to any website to which they posted, leaving them open to harassment, stalking, and even physical attack. Moreover, the risk of identity theft, spam profiling, and other forms of information exploitation increase when we are forced to associate every activity we undertake online with who we are legally. The bill takes no precautions to avoid any of these pitfalls, especially since anyone can request the information by merely alleging the poster defamed them.

Fortunately, it appears that 47 USC 230 (known as CDA 230) would most likely preempt this bill and makes it void, but efforts like this should be roundly criticized and avoided at all costs.

Article

Would definatley cut down on the "Flame Wars"....


PS: To the mods, if this belongs in Cosmos, please move it...

[brokencrow]

You have to chuckle at that one. With all the online fraud and crime, someone will figure out a workaround. Or two or three.

Umm, gee dalek, what's your ip address?



p.s.-- let me add: I'll wager our esteemed assemblyman barely knows how to email...

[spamdies]

This appears to be a quasiapplicable law. Im hoping there are laws that superscede this that protect your privacy. Sounds to me like an Assemblyman got his feelings hurt on the net.

[romanticcowboy]

The bill also forces all ISP and websites to turn over that information upon demand to anyone who claims to have been defamed, without any legal process or protections:

hmmm that right there leaves alot of room for exploitation , i agree it really looks like the assemblyman got his feelings hurt on the net

[spamdies]

Does any one feel defamed by that assemlyman, I know I do, lets tell his isp to give us his contact info and drop him a call or two....

[IKnowNot]

From the article:

Fortunately, it appears that 47 USC 230 (known as CDA 230) would most
likely preempt this bill and makes it void ...

I am not seeing how this would have any effect.
The proposed NJ law speaks directly to requirements of the ISP or website
to log ( and verify apparently ) the true legal identity of a poster,
where the Fed law speaks to the content of what is posted.

There are too many issues here to go into
( for example, admissibility of the information garnished from
the ISP or website in a court of law ) ,
but I don't think this is the correct approach.

A knee-jerk reaction to a growing problem.

[brokencrow]

Inshallah, the US has enough lawyers they'll figure it out for us.

Sometimes it's a relief to live in a country where you don't have to think...

[zencoder]

P.S. Not a Cosmos thread at all. As the conversation has shown, this is a valid security/privacy issue to discuss.

Personally, I think he's full of shite and can roll his bill up into tiny pointy corners and shove it where the sun don't shine.

All this will do is move forums off-shore or out of his jurisdiction, if they don't want to comply. And the ones that do want to comply won't be in business very long. If you pay your bills via advertising, you have to have people visit your site for that advertising to pay off...

[dmorgan]

You know what pops to mind after reading this ? Jay and silent bob strike back. Remember at the end when they go and beat the hell out of all the flamers from poop-shot.com ? lol.