Lawmakers in New York State are proposing a new legislation that
involves the Web, and no, it’s not SOPA-esque or another CISPA-like
spy-bill. Politicians in the Empire State want to outlaw anonymous
speech on the Internet.
Republican Assemblyman Jim Conte says that the legislation he co-sponsors, Bill no. S06779, would cut down on “mean-spirited and baseless political attacks” and “turns the spotlight on cyberbullies by forcing them to reveal their identity.”
Mean-spirited?
Baseless? In other words, Mr. Conte is one of a handful of elected
officials in New York wanting to make the Internet a more attractive
place by ensuring that people looking to speak their mind aren’t
afforded that right unless they want their personal identity exposed to
the world.
The bill was proposed back in March and is described as
“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.”
According
to the proposed legislation, the administrator of any website hosted in
New York State shall, upon request, remove comments that were
“posted on his or her website by an anonymous poster unless such
anonymous poster agreed to attach his or her name to the post and
confirm that his or her IP address, legal name and home address are
accurate.” Additionally, the bill calls for all website administrators to have their own contact information “clearly visible in any sections where comments are posted” to allow for irked readers to demand censorship.
If passed, the act will “help lend some accountability to the internet age,”
says co-sponsor Sen. Thomas O’Mara, a Republican, who has been elected
to serve the citizens of the United States yet apparently has been
completely misinformed about the liberties of Americans guaranteed in
the US Bill of Rights. Although most major newspapers in the United
States continue to publish op-ed pieces anonymously or in a voice
representative of that periodicals’ editorial department, on the
Internet — where anything goes — average Americans should not be allowed
that right, apparently.
Other lawmakers, including New York
Assemblyman Peter Lopez (R), are also asking for more accountability on
the no-man’s land that is the Internet, telling The Legislative Gazette
that “a resource that is so beneficial” ought be “used properly.”
Even
if a poster does confirm the authenticity of the IP address that their
computer connects to the Web with, New York Eastern District federal
court magistrate Judge Gary Brown ruled earlier this month that that
data cannot be used solely to link a suspect to a crime, writing “a
single IP address usually supports multiple computer devices – which
unlike traditional telephones can be operated simultaneously by
different individuals.”
That isn’t to say, though, that
lawmakers elsewhere are trying to crack down on “mean-spirited” posts —
earlier this year, a jury in Texas awarded $13.8 million to a couple who
filed a defamation lawsuit after being insulted on the Web.
Kevin
Bankston, a staff attorney with the Center for Democracy and
Technology, reveals that the legislation, if passed, would be damning to
not just an open Internet but the First Amendment. In a statement, the
CDT lawyer confirms that “This statute would essentially destroy the ability to speak anonymously online on sites in New York,” and provides a “heckler’s veto to anybody who disagrees with or doesn’t like what an anonymous poster said.”
Lawmakers in New York have yet to formally vote on the measure.
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