Kill Bill 2

Read this, weep, then check out my analysis. This will be voted on in House State Affairs tomorrow, too (see topic posted immediately prior to this one).

HOUSE BILL NO. 1278

Introduced by: Representatives Hamiel, Bolin, Brunner, Carson, Cutler, Deadrick, Fargen, Gibson, Gosch, Greenfield, Hoffman, Hunt, Iron Cloud III, Jensen, Juhnke, Kirkeby, Kopp, Krebs, Lederman, McLaughlin, Moser, Olson (Betty), Schlekeway, Sly, Sorenson, Turbiville, Vanneman, and Verchio and Senators Turbak Berry, Brown, Dempster, and Vehle


FOR AN ACT ENTITLED, An Act to provide for a process of obtaining certain information from online content providers in slander and libel actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 20-11 be amended by adding thereto a NEW SECTION to read as follows:
Any person who allows internet posts shall keep a record of the internet-protocol logs adequate to provide identification and location of otherwise unknown, anonymous, or pseudonymous persons who leave or upload content. However, no person may be compelled to produce such information except in response to a court order.
Section 2. That chapter 20-11 be amended by adding thereto a NEW SECTION to read as follows:
Any party seeking an order compelling production of internet-protocol logs, whether in an action brought under this chapter or under common law shall establish:
(1) That the request for information is made in good faith and not for any improper purpose;
(2) That the information sought relates to a material claim or defense;
(3) That the identifying information is directly and materially relevant to that claim or defense; and
(4) That the information sufficient to establish or to disprove that claim or defense is unavailable from any other source.
Section 3. For the purposes of this Act the term, internet, is the same as the term is defined in § 37-24-41.

..............................

"Any person who allows internet posts shall keep a record of the internet-protocol logs adequate to provide identification and location of otherwise unknown, anonymous, or pseudonymous persons who leave or upload content."

That line would change everything for bloggers. I don't even know if it is possible to obey this law, so lots of bloggers would simply quit blogging. Unfortunately it would likely be those who have the most interesting blogs. All that is assuming that the courts would uphold 1278, which seems unlikely.

So, because of a couple of ignorant do-gooders whose goal is to stop folks from publishing uncomplimentary remarks about them by using the fear of lawsuits (weapons of financial punishment) to stifle that sort of speech, State Affairs will be clogged up Monday morning with two bills that should never have seen ink.