Sponsored by:
Senator NILSA I. CRUZ-PEREZ
District 5 (Camden and Gloucester)
SYNOPSIS
Establishes New Jersey Net Neutrality Act.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning Internet service providers and supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the New Jersey Net Neutrality Act.
2. The Legislature finds and declares that:
a. It is the public policy of the State to ensure that all New Jersey customers of Internet service providers have access to an open and neutral Internet.
b. The prioritization of lawful Internet network traffic, except for reasonable Internet network management, may impede competition in the Internet marketplace by permitting Internet service providers to exert undue influence and potentially usurp the customers privilege to dictate success in the marketplace.
c. The prioritization of lawful Internet network traffic, except for reasonable Internet network management, may stifle innovation by providing large and established companies enhanced access to customers and, in turn, degrading the access of small businesses, entrepreneurs, and start-up companies to customers.
d. The prioritization of lawful Internet network traffic, except for reasonable Internet network management, may lead to increased costs for customers as content providers are likely to pass along to their customers any increase in operating costs caused by any fee that allows for that prioritization.
e. The prioritization of lawful Internet network traffic, except for Internet reasonable network management, may inhibit the free exchange of ideas on the Internet by allowing Internet service providers to give selected content providers enhanced access to the Internet user community.
3. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
Content provider means any person, business or organization that owns or operates a website or creates, develops, promotes, or owns any content, including, but not limited to video, audio and text, that is available via the Internet.
Director means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
Division means the Division of Consumer Affairs in the Department of Law and Public Safety.
Internet means the international computer network of both federal and non-federal interoperable packet switched data networks.
Internet service provider means any person, business, or organization qualified to do business in this State that provides individuals, corporations, or other entities with the ability to connect to the Internet through equipment that is located in this State.
Reasonable Internet network management means an Internet network management practice that is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the Internet access service, or that is for emergency communication, law enforcement, public safety, or national security purposes.
4. Except where deemed necessary for reasonable Internet network management, an Internet service provider shall provide all customers in this State:
a. access to any lawful Internet content of their choice;
b. the ability to attach or connect any lawful device to the network on the customers end connection, provided that the device does not harm the network;
c. the ability to run any lawful application and use any lawful service of their choice; and
d. access to an open and neutral Internet, free of any attempt by any Internet service provider to privilege, degrade, prioritize, or block any data transmitted across its network based upon the type, content, source, ownership, or destination of the data.
5. An Internet service provider shall provide all customers in this State:
a. full disclosure, at the time they become customers of that provider, of the Internet service providers policies relating to, or any action taken by the Internet service provider having the effect of, the privileging, degrading, prioritizing, or blocking of any Internet traffic.
b. prior written notification at least 30 days before the implementation of, or any change in, any of their Internet service providers policies or actions after they become customers of that provider that will result in the privileging, degrading, prioritizing, or blocking of any Internet traffic except where necessary for reasonable Internet network management.
c. disclosure of all agreements made by the Internet service provider and a content provider that provide the content providers Internet traffic with any form of preferential treatment over any other lawful Internet traffic.
d. a comprehensive list, within their monthly or other periodic billing statement, of any and all fees charged by the Internet service provider, separately itemized for each fee and, if applicable, for each instance in which that fee is charged, including, but not limited to, all fees charged by the Internet service provider for accessing a particular website, with each occurrence of such access for which the customer has incurred a charge listed separately, together with the time and date of access.
6. a. There is established in the Division of Consumer Affairs in the Department of Law and Public Safety the New Jersey Internet Service Provider Registry for the purpose of making Internet service quality and pricing information readily available to customers within the State.
b. The division shall promulgate regulations that require all Internet service providers with New Jersey customers to affirmatively disclose the following information to the division:
(1) the material terms of any agreement with any content provider that will result in the privileging or prioritization of a content providers Internet traffic. Disclosure of this information shall occur before the Internet service provider takes any action which would result in the privileging or prioritization of the content providers Internet traffic;
(2) all of the Internet service providers policies relating to, or any action taken by the Internet service provider that will result in, the privileging, degrading, prioritizing, or blocking of any Internet traffic. Disclosure of this information shall occur before the Internet service provider takes any actions which would result in the privileging, degrading, prioritizing, or blocking of any Internet traffic, except that the disclosure may occur within seven calendar days after any action is taken if the action is necessary for reasonable Internet network management; and
(3) the material terms of all basic agreements entered into with all of its customers for Internet service, including a full accounting of any and all fees charged by the Internet service provider to its customers and any promises or assertions made regarding the connectivity speed of the Internet service.
c. The division shall conduct verification tests, on its own or through a third-party, to determine the average connectivity speed experienced by actual users for each Internet service provider within the State.