Two Republican state representatives from my home state have recently put a bill in to the state house that has me scratching my head.
Tim Couch and Jimmy Higdon have recently proposed HB775. You can read about it here.
http://www.lrc.ky.gov/record/08RS/HB775.htm
It basically dictates that any web site on the internet that accepts comments from users, like Blogs or Forums, must be required to get personal information like Name, address, and email address from said user prior to accepting the comment. That’s right… If this bill passes, then visitors to this and many other sites on the internet will not be allowed to accept content from anonymous users. BlodgetTech alone manages close to 50 such websites that would directly be effected by this law. Further, it is of concern that as the law currently reads it may make this law apply to any site which we have had any part of development. This would naturally extend to multiple hundreds of sites.
The wording of this bill really bothers me. It states that the “interactive service provider” is responsible for collecting visitor information. Failure to do so can result in fines of up to $1000.00.
What is an “Interactive Service Provider” you ask? Well the bill defines that with the following line…
“Interactive service provider” means any person, business, or entity authorized to do business, or doing business, in the Commonwealth of Kentucky that is responsible, in whole or in part, for the creation, development, or maintenance of any interactive service
This would not only apply to web development and site maintenance but could easily extend to maintenance of a web server. Therefore a hosting company based in Kentucky could also be held liable under this law. Further notice the wording, “Doing Business”. That means any company which does business with Kentucky residents. So it doesn’t matter if your hosting company is GODaddy.com based out of Arizona, if they have Kentucky clients, which they do, they will also be bound by this law.
They will be faced with 2 choices. First drop all Kentucky customers, or two change their policy for all customers using their service. Point being this law can easily have a ripple effect that extends far beyond the Kentucky state line.
As for us, this law will seriously impact our ability to do business in Kentucky. If this law passes we will be forced to sell off all of our Kentucky based customers. Needless to say we would no longer accept any future clients from this state. Further we will move our corporate office most likely to Clarksville, Tennessee just 40 miles from where we currently live. Even that might not be enough, as a resident of Kentucky I may still be bound by this law. My guess is I would seriously have to consider moving my family outside of Kentucky.
The idea that a law like this would be proposed concerns me. I wonder if the writers of this bill really understood the ramifications of such action. If they thought about the economic impact or even the logistics involved in trying to enforce said law. Do they understand the technical aspect of this. Do they really understand what companies this will effect.
Also consider this can be the start of a slippery slope. Today, I have to collect your information, Tomorrow I must verify it to make sure it is accurate. Naturally that is another logistical nightmare.
One final note, as if I wasn’t disgusted enough with politics what the heck is with this bill coming from two republicans. I thought Republicans were Pro Business and wanted smaller government. This is exactly the opposite of that. Now another reason why I am seriously thinking about changing my political affiliation.
Tags: BlodgetTech, Freedom of Speech, Internet Censorship, Internet Law, Jimmy Higdon, Kentucky, Legal, Tim Couch, business, business law, politics, republican by Joel
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