A8688A-2011 Actions

• Jul 23, 2012: print number 8688a
• Jul 23, 2012: amend (t) and recommit to governmental operations
• Jan 4, 2012: referred to governmental operations
• Oct 27, 2011: referred to governmental operations

A8688A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 8688--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 October 27, 2011
 
 Introduced  by  M. of A. MURRAY, GRAF, MONTESANO, TENNEY, CONTE, DUPREY,
 JOHNS, CALHOUN, CURRAN, CORWIN, SALADINO, McDONOUGH,  HANNA,  RABBITT,
 RA,  JORDAN,  LOSQUADRO, PALMESANO, FRIEND -- Multi-Sponsored by -- M.
 of A. CERETTO, CROUCH, LATIMER, THIELE, WEISENBERG --  read  once  and
 referred to the Committee on Governmental Operations -- recommitted to
 the  Committee  on Governmental Operations in accordance with Assembly
 Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
 reprinted as amended and recommitted to said committee
 

AN ACT to amend the civil rights law, in relation to enacting the Inter
 net  Protection  Act to protect a person's right to know who is behind
 an anonymous internet posting
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  The  civil  rights law is amended by adding a new section
 79-o to read as follows:

 

S 79-O. ANONYMOUS INTERNET POSTER; RIGHT TO KNOW. 1.  DEFINITIONS.  AS
 USED  IN  THIS  SECTION,  THE  FOLLOWING  WORDS AND TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:

 (A) "ANONYMOUS POSTER" MEANS ANY INDIVIDUAL WHO POSTS A MESSAGE  ON  A
 WEB  SITE INCLUDING SOCIAL NETWORKS, BLOGS FORUMS, MESSAGE BOARDS OR ANY
 OTHER DISCUSSION SITE WHERE PEOPLE CAN HOLD CONVERSATIONS IN THE FORM OF
 POSTED MESSAGES.
 (B) "WEB SITE ADMINISTRATOR"  MEANS  ANY  PERSON  OR  ENTITY  THAT  IS
 RESPONSIBLE FOR MAINTAINING A WEB SITE OR MANAGING THE CONTENT OR DEVEL
 OPMENT  OF INFORMATION PROVIDED ON A WEB SITE INCLUDING SOCIAL NETWORKS,
 BLOGS FORUMS, MESSAGE BOARDS OR ANY OTHER DISCUSSION SITE  WHERE  PEOPLE
 CAN  HOLD CONVERSATIONS IN THE FORM OF POSTED MESSAGES, ACCESSIBLE VIA A
 NETWORK SUCH AS THE INTERNET OR A PRIVATE LOCAL AREA NETWORK,  AND  SUCH
 WEB  SITE  IS  HOSTED  ON  A  COMPUTER SERVER OR SERVERS LOCATED IN THIS
 STATE.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13459-04-2
 
       A. 8688--A                          2
 (C) "INTERNET" MEANS THE  GLOBAL  SYSTEM  OF  INTERCONNECTED  COMPUTER
 NETWORKS THAT USE THE INTERNET PROTOCOL.
 (D)  "INTERNET  PROTOCOL  ADDRESS"  OR  "IP ADDRESS" MEANS A NUMERICAL
 LABEL ASSIGNED TO EACH COMPUTER OR DEVICE PARTICIPATING  IN  A  COMPUTER
 NETWORK THAT USES THE INTERNET PROTOCOL FOR COMMUNICATION.
 (E)  "VICTIM" MEANS THE INDIVIDUAL OR OWNER, OPERATOR OR CHIEF OFFICER
 OF A BUSINESS, WHO IS THE SUBJECT OR TARGET OF COMMENTS POSTED ON A  WEB
 SITE BY AN ANONYMOUS POSTER.
 2. A WEB SITE ADMINISTRATOR UPON VALID REQUEST BY THE VICTIM OR BY ANY
 INDIVIDUAL  ACTING IN BEHALF OF A VICTIM UNDER THE AGE OF EIGHTEEN SHALL
 REMOVE ANY COMMENTS POSTED ON HIS OR HER WEB SITE BY AN ANONYMOUS  POST
 ER,  WITHIN  FORTY-EIGHT  HOURS,  UNLESS SUCH ANONYMOUS POSTER AGREES TO
 ATTACH HIS OR HER NAME TO THE POST AND  CONFIRMS  THAT  HIS  OR  HER  IP
 ADDRESS,  LEGAL NAME, AND HOME ADDRESS ARE ACCURATE. ALL WEB SITE ADMIN
 ISTRATORS SHALL HAVE A CONTACT NUMBER OR E-MAIL ADDRESS POSTED FOR  SUCH
 REMOVAL  REQUESTS,  CLEARLY  VISIBLE  IN ANY SECTIONS WHERE COMMENTS ARE
 POSTED.
 3. TO DETERMINE A VALID REQUEST FOR REMOVAL BY A  VICTIM  A  WEB  SITE
 ADMINISTRATOR  MUST OBTAIN AND CONFIRM THE REQUESTOR'S IP ADDRESS, LEGAL
 NAME, AND HOME ADDRESS ARE ACCURATE; CONFIRM THAT THE REQUESTOR  IS  THE
 VICTIM  OF SUCH COMMENTS; AND MAKE A GOOD FAITH EFFORT TO DETERMINE THAT
 COMMENTS REGARDING A VICTIM ARE FACTUALLY BASED, ACCUSATORY OR  SLANDER
 OUS  STATEMENTS  AND  NOT  OPINIONS.  WHEN DETERMINING THE FACTUALITY OF
 COMMENTS, FACTUALLY BASED STATEMENTS CAN BE TRUE OR FALSE,  AS  LONG  AS
 SUCH FACTUALLY BASED STATEMENTS ARE NOT OPINION.
 4.  ANY  PERSONAL  INFORMATION  OBTAINED  BY  A WEB SITE ADMINISTRATOR
 PURSUANT TO  THIS  SECTION  SHALL  BE  CONFIDENTIAL  AND  SHALL  NOT  BE
 DISCLOSED  EXCEPT TO LAW ENFORCEMENT AUTHORITIES INVOLVED IN AN INVESTI
 GATION OF SUCH POSTED COMMENTS. A WEB SITE ADMINISTRATOR SHALL  EXERCISE
 REASONABLE  CARE  IN  PREVENTING SUCH UNAUTHORIZED DISCLOSURE.   WILLFUL
 DISCLOSURE OF A RECORD REQUIRED TO BE KEPT CONFIDENTIAL PURSUANT TO THIS
 SECTION TO A PERSON NOT AUTHORIZED TO RECEIVE OR REVIEW SUCH RECORD IS A
 CLASS A MISDEMEANOR.
 

S 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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