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NJ Bill Would Prohibit Anonymous Posts on Forums

An anonymous reader writes "The New Jersey legislature is considering a bill that would require operators of public forums to collect users' legal names and addresses, and effectively disallow anonymous speech on online forums. This raises some serious issues, such as to what extent local and state governments can go in enacting and enforcing Internet legislation."

108 of 487 comments (clear)

  1. Frist post by Anonymous Coward · · Score: 5, Funny

    First post! (Soon to be illegal)

    1. Re:Frist post by SEWilco · · Score: 5, Funny

      Void where prohibited by law.

    2. Re:Frist post by GoodOmens · · Score: 4, Interesting

      Sounds like a direct attack on Wikipedia.

    3. Re:Frist post by Anonymous Coward · · Score: 3, Funny

      Anyone else think it would have been hilarious if we'd all posted anonymously to this story?

    4. Re:Frist post by Anonymous Coward · · Score: 3, Insightful

      This is an attack on our natural human right (god-given if you prefer) to voluntary association. As human beings, we have an intrinsic right to associate with whomever we please, whenever we please, and however we please, so long as it remains voluntary. Who says so? Human nature.

      I don't care how they sugarcoat it -- this is outright oppression. Who is the violent man here: the guy who wants to post anonymously on some discussion board which people view voluntarily, or the guy who wants to employ coercion as his means to an end? I think we all know the answer.

    5. Re:Frist post by Anonymous Coward · · Score: 5, Interesting

      new jersey bill is a direct violation of section 230 ( keeps webhosts and bloggers immune from this )

      http://www4.law.cornell.edu/uscode/html/uscode47/u sc_sec_47_00000230----000-.html

      mainly

      No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.

    6. Re:Frist post by hhlost · · Score: 5, Interesting

      Mod parent up. It's also a violation, IMHO, of the First, Fourth (right to privacy) and 14th Ammendmants to the Constitution, and the Commerce Clause (Article I, Section 8, Clause 3). Furthermore, how would New Jersey inforce this? Would it apply only to sites hosted in Jersey? Companies and/or individuals based in New Jersey? If this passes (which it won't) then there will be a huge public outcry. Maybe their intention is to help define the legal jurisdiction of the Internet, setting up more control for the Feds. That's not good.

    7. Re:Frist post by Omaze · · Score: 2, Interesting

      According to the real Constitution state laws are supposed to supersede federal laws. Not that this has ever stopped the feds from being draconian in the past but it is a point.

      --
      The government itself is not stealing your liberties. Their new programs are enabling criminals who will.
    8. Re:Frist post by penix1 · · Score: 2, Interesting

      "According to the real Constitution state laws are supposed to supersede federal laws. Not that this has ever stopped the feds from being draconian in the past but it is a point."

      Until State law contradicts the Constitution. That is when Federal law trumps.

      B.

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    9. Re:Frist post by Omaze · · Score: 2, Interesting

      I guess I'm not seeing how this NJ bill would be a violation of the Constitution since it's not being passed by Congress.

      --
      The government itself is not stealing your liberties. Their new programs are enabling criminals who will.
  2. With apologies to Douglas Adams by Tackhead · · Score: 4, Funny
    > This raises some serious issues, such as to what extent local and state governments can go in enacting and enforcing Internet legislation.

    Assemblyman Peter J. Biondi: Come off it, Mr. Coward! You can't stand in front of the tanks in Tienanmen Square indefinitely! This law for the information superhighway has got to be built, and it's going to be built!

    Anonymous Coward: Why's it got to be built?

    Biondi: What do you mean "why"? It's a law! You've got to pass laws! You were quite entitled to make any suggestions or protests at the appropriate time, you know.

    Anonymous Coward: Appropriate time?! The first I knew about it was when you pre-filed Assembly Bill No. 1327, the cops showed up and they said they were ready to come and take me away!

    Biondi: Have you any idea how much damage the government would suffer if we just let the law roll straight over you?

    Anonymous Coward: No, how much?

    Biondi: None at all.

    Vogon: Apathetic bloody citizenry. I've no sympathy at all.

  3. Predictable results by Rei · · Score: 5, Funny

    "In other news, roads became congested today as a wave of trucks was seen hauling piles of servers across the New Jersey state line..."

    --
    Beautiful Blueberries
    1. Re:Predictable results by StonedYoda47 · · Score: 5, Funny

      You've never driven in Jersey on a normal day, have you?

    2. Re:Predictable results by Snap+E+Tom · · Score: 4, Funny

      Meh. At least the state will collect a buttload of revenue from all the tolls.

    3. Re:Predictable results by Profane+MuthaFucka · · Score: 2

      But NJ will collect no revenue from the trolls!

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    4. Re:Predictable results by Del+Vach · · Score: 4, Funny

      That's the funny thing about going between Pennsylvania and Jersey. It's free to get into Jersey, but you've gotta pay to get out.

    5. Re:Predictable results by squizzz · · Score: 5, Funny
    6. Re:Predictable results by killjoe · · Score: 2, Insightful

      You can always vote and more importantly get active, join or form a organization dedicated to voting this bastard out of office. Get people registered to vote. Give rides to people on voting day. Make up some flyers and hand them out.

      You know, get off your ass, go outside, talk to people and do something.

      --
      evil is as evil does
    7. Re:Predictable results by ModernGeek · · Score: 2, Interesting

      I know when my mom was driving through NJ with me, she couldn't get over and was forced into the EZ Pass lane. She just sat there stopped, and everyone was honking at her, so she went through. When we get back home, the Turnpike Authority (or something of that nature) sent us a ticket for $50 or something like that. She sent a check for $0.35, and they cashed it, and she never heard from them again. I am wondering what they could possibly do if you never paid it and never went back to New Jersey again though? Would you still be arrested because of a bench warrant 30 years old if you were to return later on?

      --
      Sig: I stole this sig.
    8. Re:Predictable results by ipfwadm · · Score: 2, Interesting
  4. Brrrrrrr by Grrr · · Score: 4, Insightful

    An operator of an interactive computer service or an Internet service provider shall establish and maintain reasonable procedures to enable any person to request and obtain disclosure of the legal name and address of an information content provider who posts false or defamatory information about the person on a public forum website.

    Comes a vacuum, as posters retreat who aren't criminals but have reasonable fears of retribution, and a clear need for anonymity...

    <grrr />

    1. Re:Brrrrrrr by TubeSteak · · Score: 5, Interesting

      I RTF Bill and it'll get slapped down by the courts.

      The bill does not define "reasonable" and it does not require a court to find that information posted is "false or defamatory".

      And "false" information is not necessarily defamatory. Maybe if the bill said "False and defamatory" it'd stand a chance, because truth is an affirmative defense against charges of libel/slander.

      I can scream defamation/libel at the top of my lungs and it doesn't matter for shit until a Judge says "yea, that was libel."

      This Bill is poorly written from a legal standpoint, not just in it's comprehension of the internet.

      --
      [Fuck Beta]
      o0t!
    2. Re:Brrrrrrr by larry+bagina · · Score: 5, Interesting
      Back in the 90s, California passed a law requiring all gun owners to register their guns. Eventually, the supreme court decided that convicted felons were not required to register since to do so would violate their 5th amendments rights (they're not legally allowed to have guns; registering one would be an admission of guilt).

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    3. Re:Brrrrrrr by lgw · · Score: 5, Funny

      I can scream defamation/libel at the top of my lungs

      Actually, you can't scream libel no matter how hard you try, you can only scream slander. You have to write libel. Of course, you can scream "libel", but that not quite the same thing.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    4. Re:Brrrrrrr by Red+Flayer · · Score: 4, Insightful

      "And "false" information is not necessarily defamatory. Maybe if the bill said "False and defamatory" it'd stand a chance, because truth is an affirmative defense against charges of libel/slander."

      It can be false and defamatory without causing harm. Currently, the burden is on the person seeking the information to demonstrate that they suffered damages as a result of the information. This bill aims to circumvent that, so that no judge or panel of judges would have to be consulted.

      You can bet that the bill was intentionally worded poorly and vaguely -- it allows for:

      (1) Enforcement to be wide open to interpretation, so that it can be used by those in power or running for office effectively;
      (2) The court to establish the boundaries of the law after it has been passed, if it passes in current form (which, as you say, is highly unlikely).

      It's a common tactic in NJ -- write a bill that overreaches in scope, hope it gets through, and then allow the courts to restrict the law. You know, see what you can get away with. Also, by overreaching they establish a 'middle ground' which is what they wanted in the first place, and get credit for compromising to reach that middle ground.

      Biondi's a bit of a [insert slanderous term here], anyway -- .

      Of note, he sponsored a bill to extend implied consent to blood testing for illegal substances -- and allow reasonable force to get that test if the suspect was involved in an accident causing serious bodily harm.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    5. Re:Brrrrrrr by Bazzalisk · · Score: 3, Informative

      Essentialy it's to stop them from being tried for non-registration in addition to possession of an illegal firearm.

      --
      James P. Barrett
    6. Re:Brrrrrrr by Cl1mh4224rd · · Score: 4, Insightful
      Comes a vacuum, as posters retreat who aren't criminals but have reasonable fears of retribution, and a clear need for anonymity...
      I don't know... People might actually have to start actively fighting for their rights instead of talking about fighting for their rights.

      I think it's already a sad state of affairs when people think they have to fight for anonymity as a right, as if it's the only way they think they can speak freely.
      --
      People will pass up steak once a week, for crap every day.
    7. Re:Brrrrrrr by lysse · · Score: 2, Informative

      Actually, I have to out-pedant you; if you scream it into a microphone connected to a radio station, you're publishing it and it thus becomes libel. It's the public dissemination part that's significant.

    8. Re:Brrrrrrr by instarx · · Score: 2, Interesting

      Essentialy it's to stop them from being tried for non-registration in addition to possession of an illegal firearm.

      No, its because the law violated the constitutional protection against self-incrimination.

    9. Re:Brrrrrrr by freedom_india · · Score: 2, Funny
      BAH ! They will just outsource the IP Address to Name & Address mapping to RIAA.

      Not only your dynamic address be detected, subpoenaed and you would be sent a legal notice, your neighbours in next state or the single-mom having NO computer would also be sent the same.

      In addition troopers from RIAA would come knocking down your doors at midnight dragging you off, searching your house for illegal CD's, records, MP3s (disguised as Tapes), etc.

      You would be renditioned for further "processing" and conditioning.

      And you were thinking that dynamic addresses can save your as$ ???? LOL !!!

      --
      "Doing what i can, with what i have." ~ Burt Gummer
  5. A law isn't a law... by dada21 · · Score: 4, Insightful

    ...unless it can be enforced.

    My fear about unenforceable laws such as this one is the true power behind the law. Sure, it will be hard to enforce, but the powers the State will request to try to enforce it will play directly into the hands of those willing to finance the system.

    Anonymous posting is harmless, yet un criminalizing it I can easily see how it can play into the hands of the RIAA and the MPAA -- giving them (and others) greater power in their cartels.

    1. Re:A law isn't a law... by aminorex · · Score: 4, Insightful

      An a law isn't a law, if it has already been found to be unconstitutional. There is a body of SC precedent that holds that (1) anonymity is a protected free speech right, and (2) the first amendment applies to the states as well as the federal government. In this case, 1+2 = 3: Any such state law is prima facie unconsitutional.

      --
      -I like my women like I like my tea: green-
    2. Re:A law isn't a law... by advocate_one · · Score: 2, Funny

      kind of like the thin edge of the camel's nose... just waiting for all the campaign financing to get the rest of the camel through and into the tent...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    3. Re:A law isn't a law... by dada21 · · Score: 4, Interesting

      This is the problem with any structure of checks and balances -- there is no penalty for violating the oath to uphold a given constitution.

      How about an amendment to all the Constitutions with a 3 strikes and you're out law? If a law-maker votes for 3 bills that are later found to be unconstitutional, they're booted.

      It amazes me how much junk makes it past the various Supreme Courts, though. Sure, this law might get tossed, but how many more make it to the books?

    4. Re:A law isn't a law... by njchick · · Score: 4, Informative
      Unfortunately, it can be enforced. From the proposed bill:
      The operator of any interactive computer service or an Internet service provider shall establish, maintain and enforce a policy to require any information content provider who posts written messages on a public forum website either to be identified by a legal name and address, or to register a legal name and address with the operator of the interactive computer service or the Internet service provider through which the information content provider gains access to the interactive computer service or Internet, as appropriate.
      Basically, if you orerate a forum in New Jersey, your site must have data for your users, whether they are from New Jersey, New York or Papua New Guinea. If you don't have such data, you are in trouble, not your users. If the data is proven to be incorrect, you are also in trouble. Jurisdiction of the users doesn't matter, neigther does it matter whether the users have any legal right to be anonymous.
    5. Re:A law isn't a law... by cpt+kangarooski · · Score: 2, Insightful

      I disagree. The legislators can have their guesses, but in the end, they don't know how courts will rule. The checks we have now seem adequate.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    6. Re:A law isn't a law... by dR.fuZZo · · Score: 2, Insightful

      It's not that a law like this couldn't be enforced. It could be. On every online forum? No. On a case by case basis, say, when someone posts something a large corporation doesn't like? Oh, yes. Yes, it could be. "Well, Mr. Forum Admin, we see there's a request for the identity of this member of your online community -- you don't have their identity? What? Well, I guess you'll have to remove the comment now, and you'll be lucky if we don't shut you down for not following the law and collecting identities as you're supposed to."

      --
      -- dR.fuZZo
    7. Re:A law isn't a law... by Dirtside · · Score: 2, Insightful
      It amazes me how much junk makes it past the various Supreme Courts, though. Sure, this law might get tossed, but how many more make it to the books?
      Even if a law "makes it to the books," it can still later be declared unconstitutional. The courts don't approve laws before they become official (in the U.S., anyway; some countries they do); but it can strike them down later, when a challenge is presented against that particular law. This also means that a bad law can be on the books (and enforced by the executive branch) for a few years before it gets struck down, and there's rarely any restitution to those punished under that law while it was in effect.

      The usual response is that the courts should have to approve laws for constitutionality BEFORE they go into effect, but that usually ends up giving the courts too MUCH power... but that's a much longer discussion. :)

      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    8. Re:A law isn't a law... by Catbeller · · Score: 5, Insightful

      . The legislature is... just us. They're representative of the people they sprang from. If they're sneaky and self-serving, well, that's what we are. Why do you expect angels?

      Americans have always hated and mistrusted their representatives. They knew they were crooks, because they knew damned well that they'd do the same if they were in power. I should coin a cool Latin phrase for this concept.

      We're not an honest people. Politicians learn to call their constituents honest and good, knowing damned well how sneaky and underhanded the Peeple really are. Peeple don't want honest representatives. The "politians" are scapegoats for all that we dislike about our culture, about ourselves.

      The peeple don't want to be represented by angels. They want bastards who will steal as much as possible for their district. Hence the problem. If they wanted angels, they'd elect ministers and professors. They don't; they elect lawyers and businessmen, and expect some payback for their votes.

      Biggest practical problem for getting rid of the truly odious moneygrabbers is the way we finance campaigns. Corporations are legally individuals. The SCOTUS has ruled that money is speech, so corps can spend as much as they like under the First Amendment right of free speech. We refuse to publically finance elections. We don't want to eliminate lobbyists. Logically, we have the system now where corporation A puts money in slot B to produce result C, and that's the way we want it.

      Don't like it? Then ban all - ALL - contributions to political campaigns. Finance them with public funds. Provide the candidates with FREE air time, as we did before 1987. Making politians pay for airtime has made the rich the only winners in this idiocy that sprang up in the last two decades. There is no other solution. Else elections will simply be bought, and the lawmakers will have to take in money to pay for their reelection campaigns, so laws will be bought. Remove the money. And, oh yes, ban lawmakers from ever working for the people who lobby them after they leave office. That's simply bribery post-office.

    9. Re:A law isn't a law... by Moofie · · Score: 2

      Speak for yourself. There are some of us that have some integrity.

      --
      Why yes, I AM a rocket scientist!
  6. Also a way to shut people up by Opportunist · · Score: 5, Insightful

    So you have to get proof of ID? Nice. Now, how do you do that? By sending a copy of your passport to a forum admin? Great, thanks for opening a new and interesting opportunity for Nigeria scammers. Don't have to send lengthy mails around, all you need now is his bank account, you already got the harder to get part.

    Will I provide my real name if no such proof of ID is required? Hardly. And who would take it upon himself to prove that I am really myself? Hell, you can register DNS entries with fake IDs, do you really think your neighborhood forum admin will go to greater lengths than companies making some bucks with holding databases of their users?

    But the bill goes further than that. A forum admin is liable for slander on his board. Now, ain't this great? Sure, you can't shut people up, first amendment and all that. But you can make sure nobody dares to offer services that would allow you to execute said right. No board, no discussion, no dissent.

    Less direct than China, but by no means less efficient. You can't shut them up per se, but cover them in enough red tape that they can't go to the lengths required to stay out of harm's way and shut up "voluntarily". Either you can sink enough money into the identification process of your users to make SURE they are who they claim to be, or you can just as well shut down your board because you can't afford the lawsuits that just might spring up when someone dares to say a word someone important doesn't enjoy hearing.

    Yes, yes, I can understand that it's not cool to hear slander and libel on boards. But the tools to get the person under your thumb are already here. IP logs exist, trace them to their source and you got who you need. Case closed.

    So what for do you need the poster ID?

    *sigh*

    Let's hope our clever and very smart politicians never find out something like the usenet even exists.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:Also a way to shut people up by cpt+kangarooski · · Score: 2, Interesting

      But the bill goes further than that. A forum admin is liable for slander on his board.

      As it happens, they're not, I doubt this bill could change that even if it became a law. 47 USC 230(c)(1) basically says that forums et al are not liable -- with regard to libel or slander, among other things -- for posts where the content was provided by someone else, generally the user who made the post.

      This federal law trumps state law.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:Also a way to shut people up by Reziac · · Score: 2, Interesting

      The federal trump is all well and good, but what about the people who get dragged in front of NJ courts in the meantime? How long does it usually take for such wrongfully made state laws to be struck down?

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    3. Re:Also a way to shut people up by Pharmboy · · Score: 2, Funny

      I somehow doubt you can run a CC for $0.00 for validation, considering per-transaction fees, so getting yourself validated would mean handing out your CC info to -someone-, though it could be a trusted third party, and having it billed for a minimum amount to cover the cost of the transaction. Pay-to-play?

      So I guess "free, as in speech" really ISN'T "free, as in beer".

      Now New Jersey just needs a poll tax and literacy tests.

      --
      Tequila: It's not just for breakfast anymore!
    4. Re:Also a way to shut people up by Reziac · · Score: 2, Insightful

      While people bitch and whine about the slowness of our "timesharing" legal system (really good way to decribe it!), normally it is more to our advantage than not -- gives additional evidence a chance to be found, etc.

      Still, the people who wind up in limbo, waiting for the legal wheels to grind their slow course and mash bad laws out of existence, are not going to be happy with their lost time and lost defense money; they don't get compensated for that, do they?

      I did get the feeling, when I RTF Bill, that it originated as backlash courtesy of some powerful person who felt personally burned by an anonymous forum post (libelous or not), and who wants an instant way to ID and grab parties who so offend, and shake them by the neck until they shut up.

      (BTW thanks for all the informative posts over the years.)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    5. Re:Also a way to shut people up by Gorm+the+DBA · · Score: 3, Insightful
      This is how it would play out (assuming NJ actually passes this piece of trash):

      Day 0 - Legislature passes bill, governor indicates it will be signed. state laws dictate at some future date law will come into affect. (For purposes of argument, let's assume NJ has a 90 day rule, that's pretty typical).

      Day 1 - ACLU, EFF, and about 3 dozen other organizations start finding people willing to be defendents in a "Test Case", as well as lining up counsel (ie lawyers) and other needed assets.

      Day 5 (at the latest, it takes time to write legal briefs) - ACLU, EFF, et al file lawsuit under the title of the lead test defendant, with Federal Court allegding that the law infringes on rights of test defendant in some way.

      Day 6 - Federal judge reviews pleading and determines that there is, in fact, a decent chance that the law might be unconstitutional, files a temporary restraining order prohibiting New Jersey from enforcing the law.

      Day 374 - Case actually comes to trial.

      In the meantime, no one can be arrested, charged, prosecuted, threatened with prosecution, or in any other way hit over the head with this law, it is forbidden to be enforced until judgement is rendered.

      (Worst Case scenario) Day 380 - Judge determines ACLU is wrong, law is allowed to go into effect. At this point, prosecutions could begin, assuming the restraining order is not continued to allow appeal (which would almost certainly happen)

      (Best Case scenario) Day 380 - Judge determines New Jersey was smoking crack and the law is patently wrong, rules for test defendents. Temporary injunction is made permanent (assuming NJ doesn't appeal).

      So, in short, until the Courts and the lawyers are done, this will have no effect at all.

  7. I can picture it already. by dc29A · · Score: 4, Funny

    Instead of anonymous users, you'll have:

    Name: Hugh Jass.
    Address: 123 Fake Street.
    Email: yourmomma@home.com

    Brilliant idea!

    1. Re:I can picture it already. by boldtbanan · · Score: 2, Funny

      Hey! Quit stealing my identity.

      - Hugh

    2. Re:I can picture it already. by Reziac · · Score: 5, Funny

      No, no, no. You'll have only ONE user, who makes ALL the posts:

      Name: Peter J. Biondi
      Address: 1 E. High St., Somerville NJ 08876
      email: AsmBiondi@njleg.org

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  8. I wonder what our Founders would think? by WillAffleckUW · · Score: 5, Insightful

    Many of them posted handbills - anonymously - at public places.

    Some of them posted scurious tracts arguing for Common Sense and other radical ideas, many using pen names (the same as anonymous postings).

    I for one welcome our Thought Police Masters and bow to them in the East five times a day ...

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:I wonder what our Founders would think? by QCompson · · Score: 5, Insightful

      The founding fathers are sooo pre-911.

  9. Ah, the sweet sweet sound... by Deep+Fried+Geekboy · · Score: 2, Interesting

    of America flushing itself down the toilet of total fucking irrelevance.

    I was skiing this week with a friend of mine who manages a half-billion dollar investment fund. His skepticism about the US was withering. It will not be very long before the world economy interprets America, with its spaghetti of ludicrous, paranoiac IT legislation, DMCA bullshit and general hostility towards 'the other', as damage, and routes around it.

    Maybe the last person in the US with a job which does not involve burgers could turn out the lights.

    --

    I'm not wrong. You haven't thought about it hard enough.

    1. Re:Ah, the sweet sweet sound... by RexRhino · · Score: 2, Insightful

      While what you are saying IS true, America IS destroying itself with rediculous legislation... America's saving grace seems to be that other industrialized nations are doing the same thing.

      I mean, European governments and the EU have no shortage of retarded legislation restricting free speech, commerce, and privacy on the internet. And places like China definitly don't have speech internet legislation that I would want to emulate, although they tend to be moving towards more freedom (where the U.S. and Europe are moving towards less).

      It would be very reasuring if the current Totalitarian insanity was was somehow limited to the United States... but Europe especially seems eager to mandate and legislate on virtually all aspects of human life. The U.S. won't be irrelevant so long as everyone else in the world is knocking on Big Brother's door too.

    2. Re:Ah, the sweet sweet sound... by telbij · · Score: 4, Insightful

      I was skiing this week with a friend of mine who manages a half-billion dollar investment fund. His skepticism about the US was withering. It will not be very long before the world economy interprets America, with its spaghetti of ludicrous, paranoiac IT legislation, DMCA bullshit and general hostility towards 'the other', as damage, and routes around it.

      That's just the symptom. The real problem is one that all great civilizations face: abundance decreases motivation and creates a false sense of entitlement. Just look at companies like Enron who fabricate business models out of thin air. There's so much money floating around the United States, that monetary success has very little to do with creating any kind of value. Meanwhile, developing countries like China are plowing full steam ahead. Right now the United States is basically just riding a wave of lucky historical opportunity. Given the concentration of wealth and power, that wave can carry the US by intertia for quite some time, but maybe not as long as most Americans think.

  10. I'm truly shocked... by Anonymous Coward · · Score: 2, Funny

    ...that more people aren't posting as Anonymous Cowards under this topic.

  11. At the same time.... by Bob_Robertson · · Score: 3, Interesting

    Might want to remind the New Jersey legislature that "The right of the people to keep and bear arms shall not be infringed."

    At least with the First Amendment, they can get out of it by saying "It says "CONGRESS" shall make no law, not New Jersey."

    --
    The Ludwig von Mises Institute. The reasoning individuals economics
  12. What would the Founders think? You have to ask? by TCQuad · · Score: 2, Informative
    1. Re:What would the Founders think? You have to ask? by smooth+wombat · · Score: 2, Informative
      Thanks for the link. It's been a while since I've reviewed the Federalist Papers.

      One thing that stands out from the wiki entry is at the end. The part regarding the Bill of Rights. The last two sentences read:

      Supporters of the bill of rights argued that a list of rights would and should not be interpreted as exhaustive; i.e., that these rights were examples of important rights that people had, but that people had other rights as well. People in this school of thought were confident that the judiciary would interpret these rights in an expansive fashion.
      That got my attention because the current configuration of the court has a near majority of people who view the Bill of Rights, and the Constitution in general, as limiting rights, not expanding rights. I know Scalia in particular thinks that the Constitution is not a living document but says what it says and should never be interpreted otherwise.

      Unfortunately it appears that the writers of the Papers were correct in their assessment.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    2. Re:What would the Founders think? You have to ask? by geoffspear · · Score: 2, Insightful
      Of course, the founders were smart enough to specifically say, in the 9th amendment, that the enumeration of rights in the previous 8 amendments didn't take away any other rights.

      Unfortunately, they were not smart enough to add "no really, we mean it, moron" to the end of each amendment. Or to establish a system of ostracism for government officials who can't comprehend phrases like "no law" and "shall not be violated".

      --
      Don't blame me; I'm never given mod points.
    3. Re:What would the Founders think? You have to ask? by AlterTick · · Score: 4, Insightful
      That got my attention because the current configuration of the court has a near majority of people who view the Bill of Rights, and the Constitution in general, as limiting rights, not expanding rights. I know Scalia in particular thinks that the Constitution is not a living document but says what it says and should never be interpreted otherwise.

      Indeed there are far too many folks who are either ignorant of, or intentionally ignore the 9th Amendment:

      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

      However, as a strong believer in the 9th Amendment I would be loath to take up the banner of the Living Document crowd. "Living Documentists" are word twisters and shades-of-gray, "it depends of what you think the word means" semanticists. They're intellectually bankrupt in that they seem to think the constitution is a rubbery, flexible thing that can be molded into whatever their "modern vision of society" requires. The classic example is the attempt to recast the 2nd Amendment as only assurance that states are allowed to have a [militia/National Guard], rather than a guarantee that the check against tyranny of an armed populace remains.

      No, Strict Constructionists (or rather, Originalists) have the right idea, but the current crop of conservative ones we have around display a maddening tendency towards specific, selective blindness. I believe the founding fathers meant exactly what they wrote in the constitution, and that it only requires that you actually read it for it to be effective.

      --
      Conclusion: the Empire squashes the Federation like a bug. Accept it.
  13. It's unconstitutional by Anonymous Coward · · Score: 2, Insightful

    http://www.chillingeffects.org/dmca-sub/faq.cgi#QI D508

    Anonymous pamphleteering is protected under the first ammendment. There are a number of cases that set a precident for this. For this NJ law to stand would fundamentally change the law of the land.

  14. I am sure this will go over well. by brunes69 · · Score: 2, Insightful

    So, only people whose IP says they are from NJ will be forced to register.

    The result?

      - People in NJ who want to remain anonymous to do obnoxious postings will use a proxy

      - The people who will be hassled and thus pissed off? The people who live in NJ and are not doing obnoxious postings.

    Way to bring home the vote fellas - by pissing off all your constitients.

  15. Dead on Arrival, I'd say. by Quadraginta · · Score: 4, Informative

    This is silly. The New Jersey Supreme Court has already decided that citizens of New Jersey enjoy a strong First Amendment right to anonymity in their online postings.

    I doubt this bill even gets out of committee, let alone gets passed by the NJ Assembly so that it can be immediately struck down by a NJ judge. As for why, then, a hopeless, pointless bill was introduced by Assemblyman Biondi -- mmmm, maybe he's got an election coming up? Needs to do a little grandstanding?

  16. I'm just curious by trogdor8667 · · Score: 2, Insightful

    I own a website with forums, and, while I don't accept anonymous posts at all, I do have a userbase from the entire world. If I'm in Tennessee, and my server is in Atlanta, how would this affect me? Would I have to collect everyone's information to comply with this law (that only affects NJ)? Would I have to collect names and addresses of only New Jersey residents? Would I have to do anything at all, since I am not in New Jersey? This scares me, because it makes it sound like if I do have to collect these addresses, if someone says "Screw you [insert name here]" and that person sues me, if I don't have the legitimate info to pass off to them, it becomes me who's in the frying pan.

    This TERRIFIES me. I should not be held responsible for someone else's stupidity, or this country's obsession with lawsuits.

  17. Seems a bit sudden... by BertieBaggio · · Score: 2, Insightful

    First up, does anyone have the background to the reasoning behind this? Was there some big case in New Jersey that was predicated on an anonymous post? Or was this the result of a crack-fueled late night in the NJ legislative chamber?

    Secondly, if they expect this to pass, how do they expect it to apply? I've heard of the MPAA sending DMCA takedown notices to Swedish websites and such, but how do they expect this legislation to be enforced? Is there method to their madness?

    Will they expect any 'internet forum' sites hosted in NJ to require this data? Or US-based sites that [potentially?] cater to NJ users to do this? Or are they ignorant and exepct everyone to follow it? I can see the first and the last being possible explanations, but still...

    Regardless, this is an opportunity to send a clear message saying that yes, we actually do want some privacy and anonymity. If it is resoundingly struck down and that its rejection is so reported then other policymakers elsewhere might take the hint. Just maybe.

    And if it does pass... well then I'm just glad my hosted websites are located in sunny California!

    --
    If all you have is a grenade, pretty soon every problem looks like a foxhole -- MightyYar
  18. Unconstitutional in 1960 by orthogonal · · Score: 5, Informative
    MR. JUSTICE Hugo Black, writing for the Supreme Court of the United States in Talley v. California, 362 U.S. 60 (1960), declaring unconstitutional a California ordinance requiring that handbills and pamphlets be signed:

    Anonymous pamphlets, leaflets, brochures and even books have played an important role in the progress of mankind. Persecuted groups and sects from time to time throughout history have been able to criticize oppressive practices and laws either anonymously or not at all. The obnoxious press licensing law of England, which was also enforced on the Colonies was due in part to the knowledge that exposure of the names of printers, writers and distributors would lessen the circulation of literature critical of the government. The old seditious libel cases in England show the lengths to which government had to go to find out who was responsible for books that were obnoxious [362 U.S. 60, 65] to the rulers. John Lilburne was whipped, pilloried and fined for refusing to answer questions designed to get evidence to convict him or someone else for the secret distribution of books in England. Two Puritan Ministers, John Penry and John Udal, were sentenced to death on charges that they were responsible for writing, printing or publishing books. 6 Before the Revolutionary War colonial patriots frequently had to conceal their authorship or distribution of literature that easily could have brought down on them prosecutions by English-controlled courts. Along about that time the Letters of Junius were written and the identity of their author is unknown to this day. Even the Federalist Papers, written in favor of the adoption of our Constitution, were published under fictitious names. It is plain that anonymity has sometimes been assumed for the most constructive purposes.

      We have recently had occasion to hold in two cases that there are times and circumstances when States may not compel members of groups engaged in the dissemination of ideas to be publicly identified. Bates v. Little Rock, 361 U.S. 516 ; N. A. A. C. P. v. Alabama, 357 U.S. 449, 462 . The reason for those holdings was that identification and fear of reprisal might deter perfectly peaceful discussions of public matters of importance. This broad Los Angeles ordinance is subject to the same infirmity. We hold that it, like the Griffin, Georgia, ordinance, is void on its face. [362 U.S. 60, 66]


    Of course, the Court's membership isn't the same as it was in 1960. The President can appoint who he wants to the Supreme Court. So, who'd you vote for, for president, in 2004?
    1. Re:Unconstitutional in 1960 by KilobyteKnight · · Score: 2, Insightful
      Due to excessive bad posting from this IP or Subnet, anonymous comment posting has temporarily been disabled. You can still login to post. However, if bad posting continues from your IP or Subnet that privilege could be revoked as well. If it's you, consider this a chance to sit in the timeout corner or login and improve your posting . If it's someone else, this is a chance to hunt them down. If you think this is unfair, please email moderation@slashdot.org with your MD5'd IPID and SubnetID, which are "04ef2712aae8e67c518674[edited]" and "a106408624fa50f546c21449[edited]" and (optionally, but preferably) your IP number "xxx.xxx.xxx.xxx[edited]" and your username "KilobyteKnight".


      Normally I would have just ignored this. But I felt like responding to the obviously politically motivated modding in an anonymous fashion. Seems like any time I express a conservative view, I get modded in such a way, so apparently I should do so anonymously from now on.

      Strangely enough, I get the message above while trying to post anonymously. It's not so anonymous it would seem. It's particularly ironic that it should come in a topic about outlawing anonymous posts to message boards.

      I don't blame the Slashdot editors for this. I understand the need to try to prevent trolls. It's perfectly reasonable to do so. I think I just got caught in one of the unintended consequences of automating the process.

      It is a bit frustrating to have been (I feel) unfairly modded down, then have my ability to post anonymously temporarily revoked because of it.

      But anyway... I was originally just going to point out the cowardace of modding down views because you don't agree with them. I don't mind you not agreeing with me, but trying to prevent others from hearing what I have to say makes you no better than the NJ politician.
      --
      When will Windows be ready for the desktop?
  19. jurisdiction by Quadraginta · · Score: 4, Informative

    It's not unenforceable, it's just unconstitutional, and therefore will not happen.

    You may be thinking that New Jersey has no jurisdiction over people who live in other states. Not true. New Jersey asserts jurisdiction over everyone who lives in New Jersey and also everyone who does business in New Jersey, or who materially affects a citizen of New Jersey or the general interests of the citizens of New Jersey.

    Hence, if you, Joe Citizen of any U.S. state other than NJ, or even a citizen of another country, do something over the 'net that affects someone in NJ, and is illegal under NJ law, then a NJ court will have no problem issuing a warrant for your arrest. The governor of NJ (or rather one of his underlings in law enforcement) would then issue a request for extradition to your state or country. If that request is granted, then your home state or country arrests you as a courtesy to NJ and (if necessary by force) sends you to NJ to stand trial.

    How often is extradition granted? Depends. Between the states of the United States, or between countries of the EU, almost always. For credible accusations of traditional crimes of violence, like murder, rape, arson, or robbery, then again almost always. For nonviolent crimes, and crimes where public policy differs widely, like fraud, child custody violations, or Internet crime such as this one -- all bets are off.

    So in this case, you're almost certainly right -- if New Jersey criminalized anonymous posting, I doubt very much if most states in the Union, let alone most Western countries, would honor an extradition request. But as a general rule, you do not escape a state's jurisdiction merely because you don't live there.

    1. Re:jurisdiction by Krach42 · · Score: 2, Informative

      So in this case, you're almost certainly right -- if New Jersey criminalized anonymous posting, I doubt very much if most states in the Union, let alone most Western countries, would honor an extradition request. But as a general rule, you do not escape a state's jurisdiction merely because you don't live there.

      The other good thing to note here, is that even if no one grants your NJ extradition charge, if you end up within their jurisdiction, they can arrest you there.

      Let's take a small example, you're in say, New Mexico, you maintain a forum, and someone posts something offensive and potentially libelous about a NJ legislator (like say Biondi) and they get all mad, and demand criminal action be taken, because you as the forum maintainer didn't keep records of who posted it, so they want to get at someone, so they're going after you.

      All happens as above, and they send the extradition charge to the NM governer, and they say, "Pfff... whatever."

      But then a few months down the road, you decide you want to fly to Europe, and you land in Newark and when you attempt to board your plane, they tell you that they have a "very special treat for you, and they'd like to escort you to the first class lounge to redeem your prize!" Yeah, next thing you know, you're in cuffs, and you're screwed.

      Basically, even if someone can't extradite you doesn't mean you're even safe; it just means you have to be damn careful about where you travel after that.

      --

      I am unamerican, and proud of it!
  20. fine by bitspotter · · Score: 2, Funny

    My Name is Al Gore, and I live at 1600 Pennsylvania avenue, Washington, DC. Happy now?

  21. State Lines by RandomPrecision · · Score: 3, Insightful

    What happens if I anonymously post on a New Jersey forum from Illinois?

    For that matter, what makes it a New Jersey forum? The physical location of the server? The physical location of the forum admins?

    And if another state supports anonymous posting, but the anonymous posting happens to be on a NJ server...

    Isn't this why the federal government controls interstate relations (i.e., currency)?

  22. Re:Are you a member of "a well-regulated militia"? by XxtraLarGe · · Score: 4, Insightful

    Actually, if you're an adult capable of bearing arms, you are a member of the militia. As far as the 1st amendment goes (or the rest of the Bill of Rights for that matter), they are extended to the states through the 14th amendment. Wow, that 1st degree in Political Science, was actually worth something!

    --
    Taking guns away from the 99% gives the 1% 100% of the power.
  23. Workaround: by Short+Circuit · · Score: 2, Insightful

    Invite-only. So it's no longer "Public".

    Thanks, Google...

  24. Re:Ummmm nothing to do with anonymous posting, rea by taustin · · Score: 4, Interesting

    Some users commit libel/slander, harass, break copyright law, etc. and law enforcement needs a way to be able to get these users.

    The same can be said of anonymous pamphlets. The same has been done with anonymous pamphlets.

    And yet, anonymous pamphlets have been very specifically ruled to be constititonally protected by the Supreme Court.

    The cops' "need" to find people does not supersede the people's right to free expression, even anonymously.

  25. Re:Are you a member of "a well-regulated militia"? by Pantero+Blanco · · Score: 4, Insightful

    "A well-educated populace being necessary to a nation, the right of citizens to read shall not be infringed."

    Using your interpretation of the second amendment, the above sentence would prohibit anyone who isn't well-educated from reading. Also, as the other poster pointed out, "militia" as it is used in the Constitution is a much broader term than you seem to think.

  26. Deare Reader by paiute · · Score: 3, Insightful

    'Tis hard for an empty bag to stand upright!

    yr. svnt.

    Poor Richard

    --
    If Slashdot were chemistry it would look like this:Cadaverine
  27. Re:How to enforce it by MadRocketScientist · · Score: 2, Interesting
    Not exactly.
    Key points of the proposed bill:
    • You need to set up a registration system where users are required to use legitimate info. However, I don't see anything that states you have to verify the information provided
    • You must maintain a procedure to make this infomration available if a user posts false or defamatory information. You don't have to hand over the information if there's no proof of damages.

    So you're covered as long as you have a "registration required to post" setting. As resources are not readily available to give board operators the ability to validate any information submitted, this will be effectively unenforcable.
  28. Re:Uh huh by orthogonal · · Score: 4, Insightful

    And this will be enforced... how?

    1. By all companies that rent server space moving out of New Jersey.
    2. By all websites that allow users to post putting "Persons located in New Jersey are not permitted to comment, because your state's legislators are fools. By hitting submit, I affirm I am not currently located in the State of New Jersey" beside every submit button.

  29. Yep by Anonymous Coward · · Score: 3, Insightful

    I'm the Commanding Officer of the House Where I Live Militia.

    I'm also the Inspector General and Sergeant at Arms. We have very loose naming, but our regulations are otherwise quite strict. Since our membership highly exclusive, our discipline has so far been perfect.

    So come get my gun if you want it. Oh, but find me first.

    Which is the point: anonymous posting and gun ownership are two sides of the same coin. One is the pen, the other the sword. If New Jersey or Congress try to take away one, they will suffer defeat by the other.

    1. Re:Yep by Pharmboy · · Score: 2, Insightful

      Which is the point: anonymous posting and gun ownership are two sides of the same coin. One is the pen, the other the sword.

      I couldn't have said it better, and I didn't want the comment to languish in 0 point land.

      The pen IS mightier than the sword. The sword is only needed when they try to outlaw the pen...

      --
      Tequila: It's not just for breakfast anymore!
  30. Re:I didn't think of it that way by techno-vampire · · Score: 2, Insightful
    This could get bitch slapped by the Federal Courts for interfering in interstate commerce.

    Not only could, it would. What I've been waiting for somebody else to mention is that it also violates the First Amendment, making the bill unconstitutional in two entirely different ways. This bill doesn't have the proverbial snowball's chance of making it into law because enough legislators are lawyers that some of them will see how impossible it is. Frankly, I doubt it will ever get to a vote, but be killed in committee.

    --
    Good, inexpensive web hosting
  31. But, but, but... by aphoenix · · Score: 4, Funny

    It just doesn't seem fair to make people actually admit that they're from New Jersey. Isn't this persection? I mean, think of some poor guy, sitting there of an evening, trying to pick up online, maybe a little bit of troll-on-orc action, when *bam*, the person on the other end figures out that he's from Newark. That guy's just never going to get cyber-ass again.

  32. Yes, you may be a member! by mariox19 · · Score: 5, Insightful

    Actually, check the criteria in the U.S. Code. You may be a member of what is called the "unorganized militia." I'll print it below for your convenience.

    Title 10 Subtitle A Part 1 Chapter 13 Section 311

    311. Militia: composition and classes
    Release date: 2005-07-12

    (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

    (b) The classes of the militia are--
    1. the organized militia, which consists of the National Guard and the Naval Militia; and
    2. the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

    Don't be led by the recent release date into believing that this is something new. This is very old law.

    --

    quiquid id est, timeo puellas et oscula dantes.

    1. Re:Yes, you may be a member! by geoffspear · · Score: 4, Informative
      Nitpicking perhaps, but can this be interpreted to mean that women, and men aged 45 or greater, who are not currently in the National Guard, do *not* have the right to bear arms?

      Not really. The 2nd amendment guarantees the right "of the people" to bear arms, not the right of the militia to bear arms.

      --
      Don't blame me; I'm never given mod points.
  33. Re:Are you a member of "a well-regulated militia"? by FleaPlus · · Score: 4, Insightful

    I'm an adult, physically capable of bearing arms. I am not now, nor will I ever be, a member of a militia- I do not own a gun, I have never fired a gun (outside of a water gun), and I have no wish to train to be a professional killer. I find the very idea insulting and abhorrent. So no, try again.

    Actually, I think it just means that you aren't a particularly useful member of the militia. It's sort of like being a member of the citizenry -- just because somebody doesn't vote or participate politically doesn't mean they suddenly stop being a citizen.

  34. Look at the monkey by AnotherBlackHat · · Score: 2, Insightful

    The New Jersey legislature is considering a bill that would require ...


    Another stupid bill that has essentially zero chance of passing, but which will generate a huge amount of outrage.

    Whenever I see a story like this, I always wonder what it is they are trying to distract people away from.

    -- Should you believe authority without question?

  35. Re:Are you a member of "a well-regulated militia"? by RexRhino · · Score: 2, Informative

    The militia is any group of able bodied adults.

    "Well Regulated" simply means that the militia isn't going around looting, or hanging people without trial, etc.

  36. Sorry New Jersey, can't do it by deblau · · Score: 2, Informative
    But don't take my word for it. Here's what Justice Stevens had to say about it:
    "Anonymous pamphlets, leaflets, brochures and even books have played an important role in the progress of mankind." Talley v. California, 362 U.S. at 64. Great works of literature have frequently been produced by authors writing under assumed names. Despite readers' curiosity and the public's interest in identifying the creator of a work of art, an author generally is free to decide whether or not to disclose his or her true identity. The decision in favor of anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of one's privacy as possible. Whatever the motivation may be, at least in the field of literary endeavor, the interest in having anonymous works enter the marketplace of ideas unquestionably outweighs any public interest in requiring disclosure as a condition of entry. Accordingly, an author's decision to remain anonymous, like other decisions concerning omissions or additions to the content of a publication, is an aspect of the freedom of speech protected by the First Amendment.
    McIntyre v. Ohio Elections Comm'n, 514 U.S. 334, 341-342 (1995).
    [N.B.: there is a minor exception to the rule against prohibiting anonymous speech: election disclosures. For more information about this, see Buckley v. Am. Constitutional Law Found., 525 U.S. 182 (1999) and McConnell v. FEC, 540 U.S. 93 (2003).]

    Have you ever seen an anonymous letter stapled to a telephone pole, slandering someone? You'd like to be able to sue for defamation, but you can't. That's life, it sucks, deal with it. You can't just tack on the words "on the internet" and change things. Of course, that's what this bill is trying to do -- impose an affirmative duty to watch each and every telephone pole and identify the posters by legal name and address.

    Now although it's not the main issue, economics should be addressed. Sure, the cost is spread out over all the website operators and not consolidated in the phone company, but the same cost is being imposed nonetheless. Every website operator will now have to 'hire guards' (databases, coding special HTML pages, access restrictions, etc). This makes hosting a public forum more expensive. You might even call it a 'tax' on free speech.

    Both from a rights perspective and an economic perspective, this bill stinks.

    --
    This post expresses my opinion, not that of my employer. And yes, IAAL.
  37. Re:Drive people out of the state... by jferris · · Score: 3, Funny
    No! We want all the people in New Jersey to stay in New Jersey. We put all of the remedial level drivers there so that they aren't on our roads.

    Think of the children!

    --
    You are in a maze of little twisting passages, all different.
  38. Huh? by Kadin2048 · · Score: 2, Insightful

    Wait ... what?

    I got something about a camel, and a tent, and campaign financing. Can you run that metaphor by me again?

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:Huh? by shotfeel · · Score: 2, Informative

      I think he's saying that since a camel isn't a donkey or an elephant, it will be taken into the tent and eaten. Except for the nose, because it slices too thin for a good sandwich.

  39. I would hate being a hosting provider in NJ by Tripledub · · Score: 2, Interesting

    Oh Wait! There won't be any! Seriously how can this be enforced? Its not like the person running the forums has much control where they are hosted anymore. I host many forums. All of them in another state. Now how can a state I don't pay taxes in impose its will on me?

    --
    The Poetry of Google Voice is very strange.
    gv-poetry.com
  40. Elbo's Three Rules of Information by ElboRuum · · Score: 2, Interesting

    1. Private information is power and control over those individuals to whom that information directly applies.

    2. All private information relinquished to the public domain will be used and for whatever purpose and at whatever time as the collector sees fit. The likelihood of that information being used increases the more ardently the collector states that it will not be used. The likelihood of that information being used for nefarious or damaging purposes increases the more ardently the collector states that it will not be used for nefarious or damaging purposes.

    3. Private information made public may be rendered inaccurate or irrelevant (by moving, changing phone number, etc.) but may never be assumed to be destroyed.

    With these three rules in hand, it is easy to see why governmental authority wishes to have more of your personally identifiable information available at every point where anonymity might be possible: Censure and threat. There is no easier way to make people step and fetch than if you intimate that their words may be used against them. There is no better way to coerce rebellious elements of the society into cowed silence than by taking away their anonymous avenues to lambasting the status quo. Of course, most people don't realize that this sort of law won't protect politicians from remarks such as these. It is a long established precedent that public figures, especially those in the elected service to the people are not protected equally from libel or slanderous speech as private citizens.

  41. Re:Are you a member of "a well-regulated militia"? by RexRhino · · Score: 2, Insightful

    Actually, gun control in America was invented by the Klu Klux Klan... they wanted to be able to kill black people without black people being able to fight back, so they pressed for a gun licencing scheme which would exclude blacks, by charging a licence fee too expensive for most of the former-slaves to afford, and just general intimidation in the licencing process.

    You see, in history, every oppressed minority, or enslaved group has been denied the right to possess weapons. Traditionaly only the upper classes and ruling classes had been allowed to own weapons and be trained in their use. That is why people many diverse people such as Mohandas Ghandi, George Orwell, Malcom X, all felt that citizens should be allowed to be armed.

    The "left" in America is really a politically correct version of the "Right". The reason they want all Americans disarmed, is because they know that every oppressed minority and enslaved group was not allowed to own weapons. They intend to make the citizens slaves while the upper class and the ruling class run our lives from above.

    Citizen disarmament is the fundamental first step in despotism and totalitarianism, and no person can be against slavery, genocide, and oppression and support gun control. Citizen disarmenet is the universal first step to facism.

    You are a facist and totalitarian... you are either just too smart to admit it, or too dumb to understand it.

  42. I have nothing to hide by Cro+Magnon · · Score: 2, Funny

    To prove it, I'll post my real name & address on Slashdot:

    First Name: Cro
    Last Name: Magnon
    Address: 1234 Inna Cave Dr.

    --
    Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
  43. Re:Are you a member of "a well-regulated militia"? by advocate_one · · Score: 2, Informative

    well then, as a "conscientious objector" you can be a stretcher bearer or corpsman...

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
  44. Will these transparency laws apply to the Govt? by diggum · · Score: 2, Interesting

    I'd be more willing to listen to proposals such as this were the same transparency policies applied to the government as well. Every law, every bill, every proposal, every act accompanied by irrefutable evidence as to who was involved, and when. "National secrets? Sorry, Uncle Sam. If YOU get to keep secrets from your citizens, we get to keep secrets, too. What do I have to hide? Well, if YOU'RE not breaking the law, either, what are you hiding? See? You just made my point for me. There are secrets worth keeping that have nothing to do with hiding criminal activity." And then I woke up from my little nap.

  45. I've said it before... by Malacon · · Score: 4, Informative

    ... and I'll say it again

    Fucking Jersey.

    1. Re:I've said it before... by Council · · Score: 3, Funny

      Fucking Jersey.

      Which is like New Jersey, only a little farther west and markedly more liberal.

      --
      xkcd.com - a webcomic of mathematics, love, and language.
  46. Re:Are you a member of "a well-regulated militia"? by RexRhino · · Score: 2, Insightful

    I love it that people who want to ban firearms always talk about nuclear bombs. Nuclear bombs are not a weapon in any conventional sense of the word.

    But in regards to nuclear weapons, I support complete nuclear disarmament... If private citizens are not allowed to own nuclear weapons, then I think governments should not be allowed to own nuclear weapons either. That would avoid any problems of having an "upper class" of the nuclear armed, and a "lower class" of those without nuclear weapons. Since most of the governments on the planet do not have nuclear weapons, and they have only ever been used in war once and it was generally considered a bad idea, there is no reason to believe that nuclear disarmament isn't possible. But even if we accepted the unlikely and a bit silly situation that people would want or could even afford privately owned nuclear weapons, do you think that is some how more dangerous than Bush and Putin having nuclear weapons?

    However, I don't see how it would be practicle, or desirable, to eliminate firearms. Firearms are useful for law enforcement, protecting national borders, defense against wild animals, personal defense against criminals, armed revolution against facist governments, sport and hunting, etc., etc... Since we need firearms, they should not be controlled only by an elite ruling class, they should be the property of all the people. An armed population can replace a professional army, and eliminate the danger that a defensive military can be used for imperialism and agression. An armed population can also be the final defense against despotism or government sponsered genocide - if the people are armed, you can have a people's revolution and overthrow the government.

    So, my views on weapons, the Constitution, and the views of great advocates of freedom (such as the ones I gave, Ghandi, Malcom X, George Orwell, who were all against gun control), are all very consistant. Gun control, and disarmament of the people is not only reasonable and safe... it is not only completly consistant with the idea that people shouldn't have nuclear weapons, but it is the most important right of all - because an armed population is the final guardian off all democracy and all other rights.

    Like I said, those who are for gun control, are for totalitarianism. They are either too smart to admit it, or too stupid to understand it.

  47. A Historical Note by edward.virtually@pob · · Score: 4, Insightful

    Don't know if anyone has mentioned this yet, but our country was founded in part by the reaction to anonymous letters printed in the Colonial newspapers by our Founding Fathers. So banning anonymous speech is utterly unamerican.

  48. After much deliberation and consideration... by gorehog · · Score: 4, Insightful

    I have spent a good part of today deliberating on this story and have constructed a carefully reasoned and highly cogent argument against the bill. It follows in the next paragraph.

    Fuck that noise.

    I feel that my reasoning is plain and does not require explanation.

    For those with questions I refer you to the Declaration of Independence, the First Amendment of the Bill of Rights, and the Colonial Revolution of 1776.

  49. "IT IS FAR FROM OVER" by jebintx · · Score: 4, Informative

    It is no coincidence that the GOP leader of the New Jersey Assembly introduced this law. It goes right back to the 2002 lawsuit (Donato v. Moldow) against EyeOnEmerson.com in which four Republicans LOST their libel suit against the website over anonymous comments they disliked.

    N.J. judge dismisses lawsuit over anonymous Web site criticism

    New Jersey Court of Appeals rules for EyeOnEmerson website

    "It is far from over," said Jack Darakjy, the attorney representing the plaintiffs. "We will appeal the decision. If we need to, our clients are prepared to take this all the way to the Supreme Court."

    Or, if you are politically connected in New Jersey, maybe you just go to your party and get them to take up your crusade.

  50. I propose "Brandon's Law" (cf. Godwin's Law) by Goldenhawk · · Score: 2, Interesting

    I propose "Brandon's Law"...

    As an online discussion of anything privacy-related grows longer, the probability of a comparison involving RIAA or the MPAA approaches 1.

    See also Godwin's Law...

    --
    --Brandon / Split Infinity Music

  51. Founding Fathers == Terrorists by Tony · · Score: 3, Interesting

    By today's definitions, the founding fathers of the USA would have been terrorists, or at the least, insurgents. This legislation is designed to suppress anonyous writing, which may cause people to Think Too Much, which is going to be outlawed soon.

    But, if you think about it, these folks are trying to help protect us. The terrorists hate us because of our freedoms. So, take away the freedoms, you take away the reason for the terrorists to hate us. You take away their reason to be terrorists.

    All this is part of the brilliant War On Terror.

    --
    Microsoft is to software what Budweiser is to beer.
  52. Wrong time of year, anyway by Captain+Tripps · · Score: 2, Funny

    Guy Fawkes day isn't until November.

  53. NEEDED: AN EXPLICIT RIGHT TO ANONYMITY by mosel-saar-ruwer · · Score: 2, Insightful

    Mod parent up. It's also a violation, IMHO, of the First, Fourth (right to privacy) and 14th Ammendmants to the Constitution, and the Commerce Clause (Article I, Section 8, Clause 3).

    I have long been of the opinion that we need to add an explicit right to anonymity to the constitution, to include both intellectual anonymity [e.g. the right to post anonymously on the internet, or the right to send anonymous SMTP traffic, or the right to publish books or other works under a pseudonym], but also to include a right to practical anonymity: The right to cross state borders anonymously, the right to drive a car anonymously [without e.g mandated big-brother toll-road RFID shiznat], the right to a non-traceable currency [such as classical, NON-RFID'ed paper bills and metal coins, as opposed to traceable VISA/Mastercard/Discover transactions], the right to send mail [or packages] anonymously, etc etc etc.

    Hell, I'd go so far as a right to give birth anonymously: Did you know that nowadays little newborn babies "have" to get SSID#s? What the fuck does a newborn baby need an SSID# for?

    It's enough to make you want to move to the wilds of Montana and go completely off-grid. Just disappear from "mainstream" society altogether. Give birth to little babies and never even register them with the state. Homeschool. Conveniently forget to file income taxes. Tell the state to go fuck itself.

    Hell, that's basically what all these Mexican illegals are doing, and if 40 million of them can do it, then why can't I?

  54. Re:2nd Amendment Clarification by Bob_Robertson · · Score: 2, Informative

    The term "well regulated militia" has never really been defined anywhere.

    Then you have never consulted the Oxford English Dictionary, where the term "well regulated" is defined in exactly the way the U.S. Army uses the term today. A soldier learns to "regulate" his rifle by learning how to operate the rifle, set the sights and shoot accurately.

    As for "militia", the law has already been posted in this thread. Unless you're female and not in the national guard, incapable, under 17 or over 45, you're in the militia. That's the law.

    Goodness, where to begin with the rest...

    "The right of the people to keep and bear...arms shall not be infringed.
    A well regulated militia, composed of the body of the people, trained to
    arms, is the best and most natural defense of a free country..."
    -- James Madison, I Annals of Congress 434, June 8, 1789

    "I ask, sir, what is the militia? It is the whole people, except for a
    few public officials."
    -- George Mason, 3 Elliott, Debates at 425-426

    "A militia, when properly formed, Are in fact the people themselves...
    and include all men capable of bearing arms."
    -- Richard Henry Lee, Senator, First Congress, Additional Letters
    from the Federal Farmer (1788) at 169

    "What, Sir, is the use of a militia? It is to prevent the
    establishment of a standing army, the bane of liberty. ... Whenever
    Governments mean to invade the rights and liberties of the people,
    they always attempt to destroy the militia, in order to raise an army
    upon their ruins."
    -- Rep. Elbridge Gerry of Massachusetts, spoken during floor
    debate over the Second Amendment, I Annals of Congress at 750,
    August 17, 1789

    "Before a standing army can rule, the people must be disarmed; as
    they are in almost every kingdom of Europe. The supreme power in
    America cannot enforce unjust laws by the sword; because the whole
    body of the people are armed, and constitute a force superior to
    any bands of regular troops that can be, on any pretense, raised in
    the United States"
    -- Noah Webster, "An Examination into the Leading Principals of
    the Federal Constitution.", in Paul Ford, ed., Pamphlets on
    the Constitution of the United States, at 56 (New York, 1888).

    "...but if circumstances should at any time oblige the government
    to form an army of any magnitude, that army can never be formidable
    to the liberties of the people, while there is a large body of
    citizens, little if at all inferior to them in discipline and use
    of arms, who stand ready to defend their rights..."
    -- Alexander Hamilton speaking of standing armies in Federalist 29.

    "Besides the advantage of being armed, which the Americans possess
    over the people of almost every other nation. ... Notwithstanding
    the military establishments in the several kingdoms of Europe,
    which are carried as far as the public resources will bear, the
    governments are afraid to trust the people with arms."
    -- James Madison, author of the Bill of Rights, in Federalist
    Paper No. 46. at 243-244

    "Congress have no power to disarm the militia. Their swords, and
    every other terrible implement of the soldier, are the birthright
    of an American ... The unlimited power of the sword is not in the
    hands of either the federal or state government, but, where I trust
    in God it will ever remain, in the hands of the people"
    -- Tench Coxe, Pennsylvania Gazette, Feb. 20, 1788

    "The right of the people to keep and bear arms has been recognized by
    the General Government; but the best security of that right after all
    is, the military spirit, that taste for martial exercises, which has
    always distinguished the free citizens of these states...Such men form
    the best barrier to the liberties of America."
    -- Gazette of the United States, October 14, 1789

    "As civil rulers, not having their duty to the people duly before them,
    may attempt to tyrannize, and as th

    --
    The Ludwig von Mises Institute. The reasoning individuals economics