Sponsored by:
Assemblyman WILFREDO CARABALLO
District 29 (Essex and Union)
Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
SYNOPSIS
Requires certain Internet operators to remove defamatory materials and to disclose account information to defamed individuals.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the Internet and supplementing chapter 38A of Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.
"Interactive computer service" means any information system, service, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides service to the Internet.
"Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.
"Internet service provider" or "provider" means any person, business or organization qualified to do business in this State that provides individuals, corporations, or other entities with the ability to connect to the Internet through equipment that is located in this State.
"Operator" means any person, business or organization qualified to do business in this State that operates an interactive computer service.
2. The operator of any interactive computer service or an Internet service provider shall establish, maintain and enforce a policy concerning material originating from an information content provider considered to be defamatory by another user of that service. The operator or provider shall remove any material promptly when notified by a user that material originating from an information content provider is defamatory and offensive.
3. An operator of an interactive computer service or an Internet service provider shall establish and maintain reasonable procedures to protect the confidentiality, security and integrity of any personal information that the operator or provider collects and maintains, except that the operator or provider shall disclose to a user relevant account information of an information content provider when that information content provider posts defamatory materials concerning that user via the operator's or provider's services.
4. This act shall take effect on the 90th day after enactment.
STATEMENT
This bill would require an operator of any interactive computer service or an Internet service provider to establish, maintain and enforce a policy concerning material originating from an information content provider considered to be defamatory by another user of that service. The operator or provider shall remove any material promptly when notified by a user that material originating from an information content provider is defamatory and offensive.
Additionally, this bill requires an operator of an interactive computer service or an Internet service provider to establish and maintain reasonable procedures to protect the confidentiality, security and integrity of any personal information that the operator or provider collects and maintains, except that an operator or provider shall disclose to a user relevant account information of an information content provider when that information content provider posts defamatory materials concerning that user via the operator's or provider's services.