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March 03, 2006

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Listed below are links to weblogs that reference New Jersey Assemblyman introduced bill to force online identification:

» NJ Assemblyman introduces bill to force online identification from Boing Boing
Jason Schultz says, 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 th... [Read More]

» Naming names from Riding Sun
Via BoingBoing, LawGeek reports that New Jersey Assemblyman Peter J. Biondi has introduced a bill... [Read More]

» Mandatory identification for all internet forums? from abstractwankery.com
While perusing the friends of friends on my LiveJournal account, someone wrote an entry with this link. Apparently, some assemblyman in New Jersey is proposing that every web site with a forums should require users to register their full legal... [Read More]

» New Jersey Assemblyman introduced bill to force online identification from A General Blog
New Jersey Assemblyman introduced bill to force online identification Law Geek is stating that 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 identific... [Read More]

» New Jersey assemblyman introduces legislation to force online identification from tribe.net: lawgeek.typepad.com
A very bad idea. Unless you run a police state. http://lawgeek.typepad.c... [Read More]

» Naming Names on the Internet from Jon Swift
Republican State Assemblyman Peter J. Biondi has proposed a bill that would require the operators of any Internet forum or blog to obtain the name and address of anyone posting a message. [Read More]

» A sure-fire way to marginalize open discourse on blogs from Central VA real estate news, trends and opinions
Courtesy of NJ Assemblyman Peter Biondi: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 pub... [Read More]

» Nj Lawyer from Nj Lawyer
Also provides lawyer directory sorted by county.New Jersey immigration lawyer, green card,green card, work visas,US immigration lawyers,New Jersey Im... [Read More]

Comments

Annie Mouse

"efforts like this should be roundly criticized and avoided at all costs."

Well that's pretty mild. "...should be roundly ciritcized"?

How about Biondi should be kicked out of the human race as being too stupid to live? This proposed legislation doesn't merit the serious and measured response you gave.

Mike

Assemblyman Biondi is just another uninformed fascist who wants to eradicate free speech. His bill would be *impossible* to implement, but that's obviously of no real concern to him.

It's incredibly shameful that someone with this kind of mentality could somehow have been given a position of power in the US Government.

Ed Gibson

While I'm sure his intentions are good this bill would be so costly to implement that it wouldn"t be economicaly wise.Not a good idea.However i'm sure his intentions were to protect people.Predators and such.Anyone else out there feel the same as I do?

nedu

Whether or not the CDA would preempt this act, in Dendrite International v John Does, Judge Fall noted (p.3 in PDF) that the New Jersey Supreme Court has found:

"Precedent, text, structure, and history all compel the conclusion that the New Jersey Constitution's right of free speech is broader than the right against governmental abridgement of speech found in the First Amendment."

(Quoted in source; citation omitted.)

Pathman

As I am Stig Carlsson, still of Industrigatan 5, 462 38 Vänersborg I can tell them to to GFT with a vengeance!
If You try to get it through Bruxelles without the peoples Consent You can bloody well dig your Moat yourselves! )I for certain will just vote you out of office, and don't tell me i can't do so because i'm not yet anonted by God!

Tracy Eckels

This is just incredibly stupid. How people like this get elected is amazing.
Personally, I believe in the 1st ammendment just as strongly as anyone else, but I also believe that if you're going to make a statement, have the courage to own it. That is why I don't like people who cowardly make angry or disparaging comments anonimously. If you've got something to say, own it!
The first ammendment gives you the freedom to say what you want, whether you're smart about what you say is a different story.

GaijinBiker

Jason, I'm not as much of a Law Geek as you are, but what is the state of the law on protecting anonymous speech online?

Consider McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995) (freedom to publish anonymously is protected by the First Amendment), and Doe v. 2TheMart.com Inc, 140 F.Supp.2d 1088 (2001) (plaintiff could not subpoena ISP to produce identity of online commenter who was not a party to shareholder derivative lawsuit).

I am sure there must be a vast jurisprudence on the subject by now... which way is it leaning?

nedu
I am sure there must be a vast jurisprudence on the subject by now [...]

GaijinBiker,

I myself am certainly not nearly as much of a Law Geek as Jason. But recently, in Doe v Cahill (2005), Mr. Chief Justice Steele of the Delaware Supreme Court reported (p.10 in PDF):

The parties inform us that we are the first State Supreme Court to address this issue, particularly in the context of a case involving political criticism of a public figure. In the past, this issue has most frequently been presented in cases where publicly traded companies have sued anonymous internet posters for statements that allegedly defamed those companies.

Unless a significant number of the other 49 state supreme courts have delivered opinions since last autumn, I would tend to doubt that the jurisprudence on this subject could be fairly characterized as "vast".

Greg Rozelle

I have trouble with grammar and spelling and my comment my appear rude or derogatory without meaning to. This is why I don’t usually reveal my name. The cost of message boards it would increase. Plus, they would have t shut them down. Imagine spyware warrior being shutdown. It would be a good possibility. I wonder how that would work with news servers like news.grc.com and others. I am sure Tim Allen Actor would reveal his name. There are also jokesters that sometime go over the line without realizing it. Another thing is I don’t like to reveal my address. There is also another problem. There are people that have the same first and last name. Even with my usually name I have there are at least 10 other Greg Rozelle’s

Peter Biondi

Hi, I want all your names. I wan't to control the internet. I want to stop people from talking about things - they have no right to talk about.
I am not a facist ass, and if anyone say's I am - they're going to regret it.
I am not involved in any dealings with organized crime.

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