New Jersey to Outlaw Anonymous or Pseudonymous Comments

Here we go: the State of New Jersey is ready to ban anonymous and pseudonymous comments online.

Pseudonyms get off the hook only so far as the service (Blogger, the forum, etc) can trace the pseudonym to a verifiable name:

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.

Problem? This means hypothetically that one can be sued in any New Jersey court for libel (defamation of character to be precise).

The question really isn’t whether or not its necessary (everyone who reads here knows I loathe anonymous commenters), but whether it will be enforceable. This is why, as much as I can’t stand anonymous commentary, I’ve advocated a free market system where readers can sift through what is worthwhile and what is not. No bill, no law is going to get rid of anonymous commentary.

Look for other state legislatures to follow suit.

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