S T A T E O F N E W Y O R K
________________________________________________________________________
8688--A
2011-2012 Regular Sessions
I N A S S E M B L Y
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.