Bill Text: NJ A714 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires interactive computer services to disable access to images, information, or data which depicts child engaged in prohibited sexual act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Judiciary Committee [A714 Detail]
Download: New_Jersey-2010-A714-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman SAMUEL D. THOMPSON
District 13 (Middlesex and Monmouth)
SYNOPSIS
Requires interactive computer services to disable access to images, information, or data which depicts child engaged in prohibited sexual act.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act requiring the disabling of access to certain images, information, or data by interactive computer services and supplementing chapter 24 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
"Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
"Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.
b. An interactive computer service shall remove or disable access to any image, information, or data which depicts a child engaged in a prohibited sexual act or the simulation of such an act in violation of the provisions of subsection b. of N.J.S.2C:24-4 accessible through its service in a manner available to persons located within this State within five business days of when the interactive computer service is notified by the Attorney General pursuant to this act. The removal or disabling of access to the image, information, or data shall not, to the extent possible, interfere with any request of a law enforcement agency to preserve records or other evidence pursuant to subsection g. of section 23 of P.L.1993, c.29 (C.2A:156A-29).
c. An interactive computer service which violates the provisions of subsection b. of this section shall:
(1) be guilty of a fourth degree crime; or
(2) be guilty of a third degree crime for a third or subsequent offense.
2. a. The Attorney General, county prosecutor or a person designated to act for such an official and to perform his duties in and during his actual absence or disability, may authorize, in writing, an ex parte application to a judge designated to receive the same for an order of authorization to remove or disable access to the image, information, or data accessible through the service of an interactive computer service as set forth in section 1 of this act.
b. Each application for an order of authorization to remove or disable access shall be made in writing upon oath or affirmation and shall state:
(1) The authority of the applicant to make such an application;
(2) The identity and qualifications of the investigative or law enforcement officer or agency that, in the official scope of that officer's duties or agency's authority, discovered the images, information, or data;
(3) A particular statement of the facts relied upon by the applicant, including:
(a) The identity of the interactive computer service; and
(b) The particular images, information, or data to be removed or access to such disabled.
(4) A complete statement of the facts concerning all previous applications, known to the individual making the application, made to any court for authorization to remove or disable access to any image, information, or data involving the same interactive computer service or the same image, information, or data which is the subject of the present application, and the action taken by the court on each such application; and
(5) Such additional testimony and documentary evidence in support of the application as the judge may require.
3. Upon consideration of an application for authorization to remove or disable access to the image, information, or data accessible through the service of an interactive computer service as set forth in section 1 of this act, the judge may enter an ex parte order, as requested or as modified, authorizing the removal or disabling of access, if the court determines on the basis of the facts submitted by the applicant that there is or was probable cause for belief that:
a. The image, information, or data to be removed or access disabled constitutes evidence of an act in violation of subsection b. of N.J.S.2C:24-4;
b. The investigative or law enforcement officer or agency acted within the official scope of that officer's duties or agency's authority, in discovering the images, information, or data; and
c. In the case of an application, other than a renewal or extension, for an order removing or disabling access to any image, information, or data which was the subject of a previous order authorizing the removal or disabling of access, the application is based upon new evidence or information different from and in addition to the evidence or information offered to support the prior order.
4. a. Each order authorizing the removal or disabling of access to any image, information, or data shall state:
(1) The judge is authorized to issue the order;
(2) A particular description of the images, information, or data to be removed or access to such disabled, and a statement of the particular violation of subsection b. of N.J.S.2C:24-4 to which the images, information, or data relate;
(3) The identity of the investigative or law enforcement officer or agency who discovered the images, information, or data and the identity of whoever authorized the application; and
(4) Such additional information or instruction as the court deems necessary to execute the order.
b. Every order entered under this section shall require that the process for the interactive computer service to remove or disable access begin and be completed as soon as practical within five business days of receipt of the order. The order shall require that the process be conducted in such a manner as to minimize or eliminate the discovery of images, information, or data not otherwise subject to removal or having access disabled under this act.
c. Whenever an order authorizing the removal or disabling of access is entered, the order may require a report be made to the judge who issued the order showing what progress has been made toward the removal or disabling of access to the images, information, or data and any need for further removal or access disabling authorization.
d. An order authorizing the removal or disabling of access shall, upon request of the applicant, direct that an interactive computer service furnish the applicant forthwith all information and technical assistance necessary to demonstrate the completed execution of the order.
5. a. The Attorney General shall notify the interactive computer service which is identified in the court's order in accordance with the provisions of this section. The Attorney General shall notify an interactive computer service upon the issuance of an order authorizing the removal or disabling of access to images, information, or data:
(1) based upon an application filed by the Attorney General; or
(2) based upon an application filed by a county prosecutor, and the county prosecutor submits to the Attorney General a copy of the prosecutor's application and a copy of the court order issued pursuant to the application.
b. The notice by the Attorney General shall include:
(1) a copy of the application made pursuant to section 2 of this act;
(2) a copy of the court order issued pursuant to section 4 of this act; and
(3) notification that the interactive computer service shall remove or disable access to the particular images, information, or data contained in the order which are accessible through its service in a manner available to persons located within this State within five business days of receipt of the notification.
c. An interactive computer service may designate an agent within the State to receive notification pursuant to this section.
6. This act shall take effect immediately.
STATEMENT
This bill would require interactive computer services, commonly referred to as "Internet service providers," to remove or disable access to images, information, or data depicting a child engaged in a prohibited sexual act or the simulation of such an act. See N.J.S.A.2C:24-4b (endangering the welfare of children). The interactive computer service would be required to remove or disable access to any such images, information, or data accessible through its service in a manner available to persons located within this State within five business days of receipt of a notification from the Attorney General.
The Attorney General or a county prosecutor would be authorized to make an ex parte application to a designated judge to receive an order of authorization to remove or disable access to images, information, or data. The court would enter an ex parte order, as requested or modified, once the court determined that there was probable cause for belief that: the images, information, or data constituted evidence of an act in violation of N.J.S.A.2C:24-4b; and the investigative or law enforcement officer or agency acted within the official scope of that officer's duties or agency's authority in discovering the evidence. If the order was issued based on the application of a county prosecutor, the prosecutor would forward a copy of the order to the Attorney General so that the Attorney General could send proper notice to the interactive computer service.
The order would be required to include a particular description of the images, information, or data to be removed or access to such disabled, along with a statement of the particular violation of N.J.S.A.2C:24-4b to which the evidence relates. The order would also require that the process utilized by the interactive computer service to remove or disable access do so in such a manner as to minimize or eliminate the discovery of images, information, or data not otherwise subject to removal or having access disabled to such under this bill. Additionally, the court could include in the order a requirement that a report be made to the judge issuing the order showing the progress made by the interactive computer service to remove or disable access to the images, information, or data.
An interactive computer service which violated the provisions of this bill would be guilty of a crime of the fourth degree. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. However, an interactive computer service would be guilty of a crime of the third degree for a third or subsequent offense in violation of this bill. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.
