Noel Hamiel and Nancy Turbak-Berry team up to take out the first amendment
Who would have thunk. A former newspaper publisher, and a trial lawyer. Both of whom you’d think would be well versed with the first amendment. Noel Hamiel, former publisher of the Mitchell Daily Republic, and Nancy Turbak Berry, Watertown (and S. Carolina) Attorney That’s who is teaming up to take on anonymous website posters. And here’s your first taste – one of the proposed measures that they’re pushing around the Capitol….
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 identifciaton 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 infoamtion 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.
Much, much more to come.
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Comments
Turbak IS an extreme liberal, that’s true, which is why I like her. But I thought that meant she had some respect for free speech and the constitution. I guess she’s just a thin-skinned haridan. Like the righties say.
Why did this disappear yesterday? Just saw they suspended the rules to allow Hamiel to submit this bill late. Wonderful.
I hope all readers commmunicate with the members of the House State Affairs Committee to which these bills have been referred. If you feel this is an intrusion on the First Amendment, email these committee members to vote no on this.
Go here to find the members of this committee.
http://legis.state.sd.us/sessions/2010/CommitteeMembers.aspx?Committee=23
Then go here to send the email.
http://www.legis.state.sd.us/email/LegislatorEmail.aspx
You add your email and subject, then click on a committee member, then write the email, send it; and for the next member all you need to do is change the name. Simple to do.
springer, I definately agree with you on this. I don’t think any of my district’s legislators are on that State Affairs committee, but I’ll definately talk with my legislators about my thoughts on this scary bill.
Its ironic how the liberal are always ready to suspend the Consitution when it fits their needs, all the while the rest of the country lives within the boundaries of the Consitution (except for John McCain).
SDMike
Even if your own legislators aren’t on this committee, I urge you to email the committee members anyway. Maybe it can be kept from passing out of committee and never get to your own legislators for a vote.
SDMike,
Let’s put our partisanship aside for a moment, because this is something that is uniting both liberal and conservative bloggers and blog commentors. Let’s all work together to fight this horrible idea.
The country may finally be finding a central issue to unite together on.
THROW THE BUMS OUT!!
Communications Assistance for Law Enforcement Act (CALEA) has already forced all providers of IP networks to change out their modems for calea compliant(they are tracking us all). Now Pat, how about some of Sibs comments on the black helicopters?? Looks to me like they are hovering over Pierre. I would hope it would unite all parties. This is the beginning of the great undoing of our nation. What is the first thing you do in war. Take out the communications?
Good for you PP and Todd. Turbak Berry is a mean-spirited liberal who HATES to be challenged on anything and who is intent on silencing those who disagree with her.
No idea what the other guy is thinking. He’s being used too I bet.