From - http://www.njleg.state.nj.us/2006/Bi...00/1327_I1.HTM

ASSEMBLY, No. 1327

STATE OF NEW JERSEY

212th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION

Sponsored by:

Assemblyman PETER J. BIONDI

District 16 (Morris and Somerset)

SYNOPSIS

* * *Makes certain operators of interactive computer services and
Internet service providers liable to persons injured by false or
defamatory messages posted on public forum websites.

CURRENT VERSION OF TEXT

* * *As introduced.

An Act concerning the posting of certain Internet messages 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 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.

* * *5. This act shall take effect on the 90th day following
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 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.


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Here's a prime example of the need for laws such as this:


The information below is verified data regarding the malicious
malcontent who hides behind dozens of aliases to flame, harass,
and infringe upon other people. It is unknown how many more
aliases the scumbag hides behind.

John Wesley Gilmer III
12526 Agatite Road
Jacksonville, Florida 32258
(904) 268-5220 or (904) 673-0932
(904) 247-3543 or (904) 652-7222

Known and verified aliases:









"Douggie"

"Nightmare"
"Willy"

"Scipio's roommate"
"Ginger"
"Floyd"
"Viper"
"Jose"
Bill Cmelak loves his Hoodoo


OSPAM



"Bill Cmelak"
"Smelly Billy"
"Guy Good"














Take notice of the "NNTP-Posting-Host: 209.177.232.245" data in the
headers of messages he has transmitted. He posted those messages via
his place of employment, Moffitt Corporation in Jacksonville Beach,
Florida. What a ****-hole that must be to allow an abject loser
like him to post all manner of malicious and racist content all day
long.

209.177.232.245 = Moffitt Corporation

Moffitt Corporation
1351 13th Avenue South, Suite 130
Jacksonville Beach, FL 32250

The messages whose headers are transmitted via "NNTP-Posting-Host:
24.129.77.189" are those he typically spews away from Moffitt
Corporation, usually from the house owned by his facilitating
girlfriend Deborah Lynch rather than that of his current wife
Claudia, aka "Joey.

The latest development is that "PirateJohn" Gilmer has posted
messages that originate from the 216.253.112.18 domain which is
registered to Venus Medical Communications, 1351 13TH AVE S,
JAXVILLE BCH, FL, 32250 which, not too surprisingly, is a very
close neighbor of Moffitt Corporation whose address is 1351 13th
Avenue South, Suite 130, Jacksonville Beach, FL 32250!



--
Verifiable data regarding "PigSty PirateJohn" Weasely Gilmer III who initiates and perpetuates, yet refuses to take responsibility for, internet and real life abuse:

John Wesley Gilmer III, 12526 Agatite Road, Jacksonville, Florida 32258; (904) 247-3543 or (904) 652-7222 or (904) 268-5220 or (904) 673-0932; "I'm smarter, bigger, stronger, and a lot meaner than you are. You also won't be the first person that I didn't like who I had to kill. Legally." -- john wesley gilmer III; john wesley gilmer III is, of course, "el Presidente, Atlantic Beach Vintage Motorcycle Club, www.ABVMC.com"