Bill Text: NJ A710 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires website operators to delete posts at request of minor.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Judiciary Committee [A710 Detail]
Download: New_Jersey-2014-A710-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblywoman MARY PAT ANGELINI
District 11 (Monmouth)
SYNOPSIS
Requires website operators to delete posts at request of minor.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning Internet website posts and minors and supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Internet website, online service, online application, or mobile application directed to minors" means an Internet website, online service, online application, or mobile application, or a portion thereof, that is created for the purpose of reaching an audience that is predominately comprised of minors, and is not intended for a more general audience comprised of adults.
"Minor" means a person under 18 years of age.
"Operator" means any person or entity that owns an Internet website, online service, online application, or mobile application that is available to individuals in this State. "Operator" shall not include any third party that operates, hosts, or manages, but does not own, an Internet website, online service, online application, or mobile application on the owner's behalf or processes information on the owner's behalf.
"Posted" means content or information that can be accessed by a user in addition to the minor who provided the content or information, whether the user is a registered user or not, of the Internet website, online service, online application, or mobile application where the content or information is provided.
2. a. An operator of an Internet website, online service, online application, or mobile application directed to minors or an operator of an Internet website, online service, online application, or mobile application that has actual knowledge that a minor is using its Internet website, online service, online application, or mobile application shall:
(1) Allow a minor who is a registered user of the operator's Internet website, online service, online application, or mobile application to remove, or to request and obtain removal of, content or information posted on the operator's Internet website, online service, online application, or mobile application by the minor;
(2) Provide notice to a minor who is a registered user of the operator's Internet website, online service, online application, or mobile application that the minor may remove, or request and obtain removal, of content or information posted on the operator's Internet website, online service, online application, or mobile application by the registered user. The notice shall explain that the removal described in paragraph (1) of this subsection does not ensure complete or comprehensive removal of the content or information posted on the operator's Internet website, online service, online application, or mobile application; and
(3) Provide clear instructions to a minor who is a registered user of the operator's Internet website, online service, online application, or mobile application on how the minor may remove, or request and obtain the removal of, content or information posted on the operator's Internet website, online service, online application, or mobile application.
b. An operator of an Internet website, online service, online application, or mobile application shall be deemed in compliance with subsection a. of this section if the operator renders the content or information posted by the minor user no longer visible to other users of the service and the public even if the content or information remains on the operator's servers or the content or information remains visible because a third party has copied the posting or reposted the content or information posted by the minor.
c. An operator of an Internet website, online service, online application, or mobile application, or a third party using an Internet website, online service, online application, or mobile application, is not required to erase or otherwise eliminate, or to enable erasure or elimination of, content or information if any other provision of federal or State law requires the operator or third party to maintain the content or information.
3. a. The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to a court order.
b. The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be construed to require an operator of an Internet website, online service, online application, or mobile application to collect or retain age information about its users.
4. This act shall take effect on the 365th day after the date of enactment.
STATEMENT
This bill requires the operator of an Internet website, online service, online application, or mobile application to permit a minor who is a registered user of the operator's Internet website, online service, online application, or mobile application to remove, or to request and obtain removal of, content or information posted by the minor on the operator's Internet website, service, or application. An operator is required to provide notice to a minor that the minor may remove the content or information. The operator is not required to remove content or information if any provision of State or federal law requires the operator or third party to maintain the content or information.
This bill does not limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to a court order.
This bill addresses public safety concerns as they relate to minors in this State. Minors have increasing access to various forms of interactive media through computers, smartphones, and other technological devices. It is in the interest of the State to require websites to allow minors to delete posts that the minor may have posted in haste or in error.
