Republican Peter Biondi of the New Jersey Legislature has proposed a bill which would allow people who believe they have been damaged by a posting on an Internet forum to sue the operator of the web site for damages:
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.
This bill would simply not work, as Internet forum and discussion boards are based on the ability of people to express themselves anonymously without fear of reprisal by the government. The operators of such web sites have no control over what is posted by the users, and the only thing they can do once something defamatory is posted is to remove it.
There are a lot of problems with the legal system that a proposal like this highlights, but perhaps the most obvious is the lack of understanding that most lawmakers have of the Internet specifically and technology in general. Legislators keep trying to govern 21st century technology with 18th century legal concepts, and it just doesn’t fit. Certainly, individuals should be protected from defamation and slander regardless of where it occurs, but punishing third parties who have no control over the content of such statements is not the way to go. All that does is stifle the ability of people to offer places to have robust discussions on a myriad of topics.
If you live in New Jersey, make sure you let your local representatives know that you oppose this Bill.
March 7th, 2006 at 8:31 am
I think Peter Biondi just wants to have a talk with some of the people who have been saying mean things about him on the Internet, but you’re right, it’s a bad idea.