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.