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.


=====================================
=====================================

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"

is:

William Cmelak
N9340 Pickerel Creek Rd
Pearson, WI 54462-8140

Of course, what the Hoodoo Troll (450 lbs. of greasy William "Fat Bill"
Cmelak of Pearson, WI) doesn't bother to explain is that he is clearly
in violation of Florida's anti-stalking laws. A veteran detective who
was investigating Cmelak even called him a "sick ****" because of the
threats that he posted a year ago to run over motorcyclists during Bike
Week and to sodomize another man. And he's still around, 13 months
later, stalking and trolling and spamming newsgroups.

For more information on this pervert who lives in a mobile home in the
woods of Wisconsin and stalks 24/7 go to
http://www.buccaneerpublishing.com/Cmelak.htm
~~~

Florida Stalking Law


Section 784.048 Stalking; Definitions; Penalties
(1) As used in this section, the term:

(a) "Harass" means to engage in a course of conduct directed at a
specific person that causes substantial emotional distress in such
person and serves no legitimate purpose.
(b) "Course of conduct" means a pattern a conduct composed of series of
acts over a period of time, however short, evidencing a continuity of
purpose. Constitutionally protected activity is not included within
the meaning of "corse of conduct". Such constitutionally protected
activity includes picketing or other organized protests.

(c)"Credible threat" means a threat made with the intent to cause the
person who is the target of the threat to reasonably fear for his or
her safety. The threat must be against the life of, or a threat to
cause bodily injury to, a person.


(2) Any person who willfully, maliciously, and repeatedly follows or
harasses
another person commits the offense of stalking, a misdemeanor of the
first
degree.

(3) Any person who willfully, maliciously, and repeatedly follows or
harasses
another person, and makes a credible threat with the intent to place
that person in reasonable fear of death or bodily injury, commits the
offense of aggravated stalking, a felony of the third degree.

(4) Any person who, after an injunction fro protection against violence
pursuant to s. 784.046, or an injunction for protection against
domestic violence pursuant to s. 741.30, or after any other
court-imposed prohibition of conduct toward the subject person that
person's property, knowingly, willfully, maliciously, and repeatedly
follows or harasses another person commits the offense of aggravated
stalking, a fleony of the third degree.

(5) Any person who willfully, maciliously, and repeatedly follows or
harasses
a minor under 16 years of age commits the offense of aggravated
stalking, a
felony of the third degree.

(6) Any law enforcement officer may arrest, without a warrant, any
person he
or she has probable cause to believe has violated the provisions of
this section

dear poster,

Your words........... "Moffitt Corporation in Jacksonville Beach,
Florida. What a ****-hole that must be to allow an abject loser
like him to post...."

Sounds as though your statment would also qualify as, "... liable to
persons injured by false or
defamatory messages posted on public forum websites..."

Better watch out, the guy you do not like may just sue you along with
the Moffitt Corp. I think the Moffitt Corp may very well have much
deeper pockets and meaner attorneys than you.

In article .com, Bob says...

dear poster,

Your words........... "Moffitt Corporation in Jacksonville Beach,
Florida. What a ****-hole that must be to allow an abject loser
like him to post...."

Sounds as though your statment would also qualify as, "... liable to
persons injured by false or
defamatory messages posted on public forum websites..."

Better watch out, the guy you do not like may just sue you along with
the Moffitt Corp. I think the Moffitt Corp may very well have much
deeper pockets and meaner attorneys than you.

Say Bob,

Do you know the difference between a website and usenet?

The Sears corporate owners sucks dicks. Now... Let them sue me...

****ing Retard!

On 7 Mar 2006 16:16:28 -0800, "Bob" wrote:

dear poster,

Your words........... "Moffitt Corporation in Jacksonville Beach,
Florida. What a ****-hole that must be to allow an abject loser
like him to post...."

Sounds as though your statment would also qualify as, "... liable to
persons injured by false or
defamatory messages posted on public forum websites..."

Better watch out, the guy you do not like may just sue you along with
the Moffitt Corp. I think the Moffitt Corp may very well have much
deeper pockets and meaner attorneys than you.

Please provide the credentials which allows you to present yourself as
a qualified ****house lawyer, because, as your comment proves, your
reasoning is so faulty as to be beyond laughable.

View the verifiable data I present within my original document. Notice
the originating domain data I provide and then search for and view the
many hundreds of usenet messages posted to usenet by dozens of aliases
from that Moffitt domain. Notice how many of the messages posted to
usenet from that Moffitt domain contain harassing and abusive content
targeting numerous victims.

After you have followed my suggestions above, I will gladly submit to
you or any court of law wishing to judge a legal case of Moffitt
and/or the chicken**** sociopath behind those hundreds of denigrating
and abusive usenet messages against me for defamatory intent.

If, in America, I cannot present factual data clearly identifying an
individual who repeatedly posts harassing content targeting numerous
other individuals while hiding behind dozens of aliases and the
messages originate from the computers and/or computer network of a
commercial entity who had previously received complaints about the
abuse from various victims of it, then we as a society are in far
worse condition than any news report may portend.

If my statement that, "Moffitt Corporation in Jacksonville Beach,
Florida. What a ****-hole that must be to allow an abject loser
like him to post...", causes the initiation of a legal suit by either
entity for damages by it, then, bring it on because I have volumes of
archival data to argue my side of the story.

The truth, as I present it, will prevail.


--
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"

Hoodoo wrote:
If my statement that, "Moffitt Corporation in Jacksonville Beach,
Florida. What a ****-hole that must be to allow an abject loser
like him to post...", causes the initiation of a legal suit by either
entity for damages by it, then, bring it on because I have volumes of
archival data to argue my side of the story.

The truth, as I present it, will prevail.

Dear Hoodoo,
I hope what I am about to say will help you solve your problem.

Many people mistakenly confuse "fact" and "opinion." This may create a
great many problems. Lets test your skill level. For example, which is
a fact and which is an opinion:

A) Today is another wonderful example of Gods creations.
B) There is a 50% scattered overcast at 1500' / winds 020 degrees
20knts/ 58 degreesF.

Now I suggest that you apply that concept to your words. The words
"****-hole...abject loser..." are not facts. Those words are only your
opinion. What fact do you have to support your opinion?

The problem is that most people lack the skill and vocabulary to
describe human behavior accurately. As a result folks will spew
opinions thinking they are describing facts. What happens when people
use opinions believing them facts? In a bar they get punched, in a
marriage they get divorced and don't get to see their kids, and in
court they are found guilty....of slander and required to pay court
costs. Why... ? Opinions are not facts.

I hope you have facts that are facts and not simply an opinion. If that
is the case what you say will simply appear to others as the rantings
of an under-educated, self indulgent, and very angry person.

Hugs and kisses my friend, My God bless you.
Bob