ASSEMBLY PANEL RELEASES CHIVUKULA BILL TO FIGHT ONLINE CHILD PORNOGRAPHY
Measure Would Require Internet Service Providers to Take Material Offline
At First Call from Law Enforcement

(TRENTON) - Legislation Assemblyman Upendra J. Chivukula sponsored to enable law enforcement to more swiftly combat child pornography on the Internet was today released by  the Assembly Telecommunications and Utilities Committee.

"Law enforcement personnel should not see their efforts to rid communities of child pornography undermined by Internet companies that drag their feet in taking these images offline," said Chivukula (D-Somerset). "When child pornography surfaces online, law enforcement must be able to immediately stop its distribution at the source."

The Chivukula bill (A-1906) would provide Internet service providers (ISPs) the ability to voluntarily remove child pornography from all of their servers and storage facilities at the first request of state or local law enforcement.

If an ISP fails to comply with a request, it would then be required to remove the material within 25 days of receipt of a court order.

Any ISP employee found in violation of the measure could be punished by up to 18 months in jail and $10,000 in fines.  Subsequent offenses would be punishable by up to five years in jail and $15,000 in fines.

"News reports continually show just how far and how quickly child pornography can spread via the Internet," said Chivukula. "ISPs have an obligation to stop the spread of child pornography as soon as it is recognized and reported." 

The measure was released 6-0. It now heads to the Assembly Speaker who will decide if and when to post it for a floor vote.

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