[Chapter-delegates] NY bill banning anonymous online speech is bad news

[David Solomonoff]

I've heard it's chances of passing are slim but we should work with 
other groups to make sure no one thinks of trying this again.

New York State Senate bill is S06779, same as Assembly bill A 8688, 
sponsored by O'MARA

New York State Assembly version of bill with sponsors

http://assembly.state.ny.us/leg/?default_fld=&bn=S06779&term=2011&Summary=Y&Text=Y

A08688 Summary:

BILL NO    A08688

SAME AS    Same as S 6779

SPONSOR    Murray (MS)

COSPNSR    Boyle, Graf, Montesano, Tenney, Conte, Lopez P, Duprey, 
Johns, Finch,
            Calhoun, Curran, Corwin, Saladino, McDonough, Tedisco, Hanna,
            Rabbitt, Ra, Jordan, Losquadro, Fitzpatrick, Palmesano

MLTSPNSR   Ceretto, Crouch, Latimer, Thiele, Weisenberg

Add S79-o, Civ Rts L

Provides that a web site administrator shall remove any comments posted upon
request unless the poster agrees to attach his or her name to the post.

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A08688 Text:

                            S T A T E   O F   N E W   Y O R K
        
________________________________________________________________________

                                          8688

                               2011-2012 Regular Sessions

                                  I N  A S S E M B L Y

                                    October 27, 2011
                                       ___________

        Introduced  by  M. of A. MURRAY, BOYLE, GRAF, MONTESANO -- read 
once and
          referred to the Committee on Governmental Operations

        AN ACT to amend the civil  rights  law,  in  relation  to  
protecting  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:

     1    Section 1. The civil rights law, is amended by adding  a  new  
section
     2  79-o to read as follows:
     3    S  79-O.  ANONYMOUS INTERNET POSTER; RIGHT TO KNOW. 1. 
DEFINITIONS. AS
     4  USED IN THIS SECTION, THE FOLLOWING  WORDS  AND  TERMS  SHALL  
HAVE  THE
     5  FOLLOWING MEANINGS:
     6    (A)  ANONYMOUS  POSTER  IS ANY INDIVIDUAL WHO POSTS A MESSAGE 
ON A WEB
     7  SITE INCLUDING SOCIAL NETWORKS, BLOGS  FORUMS,  MESSAGE  BOARDS  
OR  ANY
     8  OTHER DISCUSSION SITE WHERE PEOPLE CAN HOLD CONVERSATIONS IN THE 
FORM OF
     9  POSTED MESSAGES.
    10    (B)  "WEB  SITE  ADMINISTRATOR"  MEANS  ANY  PERSON  OR ENTITY 
THAT IS
    11  RESPONSIBLE FOR MAINTAINING A WEB SITE OR MANAGING THE CONTENT 
OR DEVEL-
    12  OPMENT OF INFORMATION PROVIDED ON A WEB SITE INCLUDING SOCIAL  
NETWORKS,
    13  BLOGS  FORUMS,  MESSAGE BOARDS OR ANY OTHER DISCUSSION SITE 
WHERE PEOPLE
    14  CAN HOLD CONVERSATIONS IN THE FORM OF POSTED MESSAGES, 
ACCESSIBLE VIA  A
    15  NETWORK SUCH AS THE INTERNET OR A PRIVATE LOCAL AREA NETWORK.
    16    (C)  "INTERNET"  MEANS  THE  GLOBAL  SYSTEM OF INTERCONNECTED 
COMPUTER
    17  NETWORKS THAT USE THE INTERNET PROTOCOL.
    18    (D) "INTERNET PROTOCOL ADDRESS" OR  "IP  ADDRESS"  MEANS  A  
NUMERICAL
    19  LABEL  ASSIGNED  TO  EACH COMPUTER OR DEVICE PARTICIPATING IN A 
COMPUTER
    20  NETWORK THAT USES THE INTERNET PROTOCOL FOR COMMUNICATION.
    21    2. A WEB SITE ADMINISTRATOR UPON REQUEST  SHALL  REMOVE  ANY  
COMMENTS
    22  POSTED  ON HIS OR HER WEB SITE BY AN ANONYMOUS POSTER UNLESS 
SUCH ANONY-
    23  MOUS POSTER AGREES TO ATTACH HIS OR HER NAME TO THE  POST  AND  
CONFIRMS
    24  THAT  HIS  OR HER IP ADDRESS, LEGAL NAME, AND HOME ADDRESS ARE 
ACCURATE.
    25  ALL WEB SITE ADMINISTRATORS  SHALL  HAVE  A  CONTACT  NUMBER  
OR  E-MAIL

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in 
brackets
                              [ ] is old law to be omitted.
                                                                   
LBD13459-02-1
        A. 8688                             2

     1  ADDRESS  POSTED  FOR  SUCH  REMOVAL  REQUESTS,  CLEARLY  
VISIBLE  IN ANY
     2  SECTIONS WHERE COMMENTS ARE POSTED.
     3    S  2.  This  act shall take effect on the ninetieth day after 
it shall
     4  have become a law.

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-- 
David Solomonoff, President
Internet Society of New York
president at isoc-ny.org
isoc-ny.org

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