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Message # 21122.1.2

Subject: Hello Actually....

Date: Tue 07/03/06 15:23:09 GMT

Name: wetjeans uu

Email:

Website:

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Well, actually I am a lawyer from New Jersey and I have to say that I agree and disagree with MK.  Your right this is not aimed at boards like this directly and likely will be limited in the end to places like myspace.com.  As you may know some child molsters were caught selling sex with young girls on that site.

 

This having been said, New Jersey has a very long history of pulling out of state and yes even out of country defendants into its courts and holding them liable for things that may or may not have been torts in their home jurisdictions.  Thus it does not matter what the laws of say the UK or even Florida are.  The issue is would be does a service provider or board operator have reason to believe that his actions are impacting on the citizens of New Jersey and thus have reason to believe that he could be hauled into court there.  It is called the "Substantial Nexus Test."  Things such as weather or not the board is free or charges a fee would be a very important fact, if the board did charge a fee than Yes they can get hauled into a NJ court room even if they were from the UK. (Collecting on any verdict would be the big problem).  If it is free it would "likely" be much more difficult.  

 

That having been said the law may still not be constitutional on the grounds of free speach and it also may a violation of the inter-state commerce clause of the US constition.  (States sometimes can't inact laws that would harm the economy of its sister states... only Congress can do that).

 

This law is likely to pass and 1) will probably have very little effect on boards such as this but 2) would have an effect at least on any US (and NAFTA probably) based boards that charge a fee.

 

Thus DON'T WORRY ABOUT IT YET.

In reply to Message (21122.1) Hello this is really OT...but fyi

By MK - wamtec@compuserve.com us Tue 07/03/06 07:41:00 GMT

Website:


Good luck to New Jersey on that one....cos how on earth they can enforce this on anybody unless the perpetrators or the ISPs or the site is actually hosted in New Jersey...beats me. Just make sure you operate outside of New Jersey. Just as one example...British libel laws are totally different to American libel laws.

 

FYI....this legislation seems to be aimed at people who use the www.myspace.com website for their blogs....because since MySpace opened....this site has been a major problem, and is often being used to threaten and libel people....there have been a slew of complaints about the way MySpace is being used by students to defame others....so MySpace.com is the cause of all this...

 

MK

In reply to Message (21122) Read This Check This Out [nt]

By Bostonwet - us Tue 07/03/06 07:30:43 GMT

Website: http://www.njleg.state.nj.us/2006/Bills/A1500/1327_I1.HTM


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