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Proposed New Jersey legislation requires social networks to police sites for offensive content
New Jersey is currently considering legislation that
would require social networks to police their sites for offensive
posts. The proposed Social Networking Safety Act (A. 3757, S. 2705)
imposes civil liability on social networks that fail to terminate the
accounts of users who send "sexually offensive" or "harassing"
communications to a person residing in New Jersey who is less than 13 years of age, or is at least 13 but
less than 16 years old, and at least four years younger than the user. The bill defines a "sexually offensive communication"
as any communication which a reasonable person would believe is
intended to solicit sexual activity and any communication which depicts
nudity, sexual conduct, or sexual excitement, with certain exceptions.
In addition, a "harassing communication" is defined as any
communication which is directed at a specific person, serves no
legitimate purpose, and a reasonable person would believe is intended
to threaten, intimidate, or harass another person.
The law does,
however, carve out an exception for sites that display readily
identifiable icons or links that enable users to report sexually
offensive or harassing communications. Social networks would then be
required to investigate these reports and contact law enforcement when
necessary. In addition, the bill requires social networks to provide a
mechanism for users to block third parties who transmit sexually
offensive or harassing communications. A social
networking website operator that does not maintain a reporting mechanism must include
on its website, in a clear and conspicuous manner, a statement notifying users
that the website does not maintain a reporting mechanism.
LESSON LEARNED: Although the ultimately enforceability of this proposed legislation may be extremely limited due to Section 230 of the Communications Decency Act, which has been
repeatedly applied to immunize service providers from various acts
committed by their users, social network providers would have significantly new obligations to police their networks for this type of conduct. If you operate a social network website and are concerned about how this proposed legislation may affect you, contact us to discuss your situation.
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 The Legal Considerations of Starting an Online Business- Now on DVD
In today's economy, more and more people are considering launching their own Internet businesses. But a good business idea is not enough - understanding the legal issues involved in operating a business online is crucial. In this instructional DVD, attorney Dan Pepper walks you through, step by step, practical, easy to understand tips you can use IMMEDIATELY to get your Internet business off the ground. For more information and to see a preview, visit informationlaw.com or visit Amazon.com to order your copy!
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Pepper Law Group, LLC, provides strategic
advice and sophisticated legal services to businesses, entrepreneurs, and
entertainers in the areas of technology law, intellectual property, Internet law, entertainment law, general corporate counsel, and privacy and security law.
Pepper Law Group, LLC
21 E. High Street, Suite D
Somerville, NJ 08876
informationlaw.com
908.698.0330
(voice)908.248.9220
(fax)info@informationlaw.com |
| Disclaimer: The
advice given in this newsletter should not be considered legal advice. This
newsletter only provides general educational information. You must never rely
upon the advice given here. Your individual situation may not fit the
generalizations discussed. Only your attorney can evaluate your individual
situation and give you advice. Except as provided below, you may feel free to
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