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All Registered Sex Offenders
their family members, supporters and Advocates
The U.S. House, Judiciary Committee, is holding hearings on Internet Sex Crimes this coming Wednesday October 17, 2007
What follows are the Collective Comments submitted to the Committee:
(The collective comments are meant to be informative, based on facts and statistics, and thought provoking.)
The laws governing sex offenses and sex offenders have resulted from myths and sound bytes.
This committee must change that direction and seek evidence based legislation.
1) Who is more likely to commit Internet Sex Crimes? (Registered offenders -or- someone not registered)

a) Dateline's "To Catch a Predator" series: Of the over 229 offenders who showed up or were prosecuted, 4 were registered sex offenders, which is 1.7%.

b) MySpace RSOs: 7,000 then 29,000 Registered Sex Offenders (RSOs) were kicked off the social networking site. Following that, the Attorneys General from several states made a big to do over this, claiming they were possibly prowling for minors, and what did the AGs find? ONE RSO who had committed a MySpace type crime; ONE!

In reality what they found were RSOs who HAD ACCOUNTS on MySpace, and a few of them were on parole or probation, and had Internet restrictions. The fact that these supervised folks violated their supervised restrictions does not mean they committed an Internet Sex Crime, instead it was a TECHNICAL VIOLATION of Supervision; no crime.

c) Newspaper reports of Internet crimes committed by public servants: Currently we have cataloged over 145 cases of Internet Sex Crimes that have been committed by folks who serve, or have served, the public in some capacity (/Crimes-Internet).
In summary: Out of 36,229 RSOs only five committed an Internet Sex Crime. The recidivism percentage works out to .000138 or .0138%. That means legislation directed to registered sex offenders will do virtually nothing to address the over 99% of the predatory offenders who are committing Internet Sex Crimes. Accordingly, these cases perpetrated by public servants, and those by recidivists, need to be addressed in legislation. Possibly through an enhanced graduated sentencing scheme.

OPPS, I blew it, someone just pointed out the following:

My recidivism calculation is wrong, I should have added 4 RSO recidivists from the Dateline stings ---TO--- 36,000 RSOs kicked off of MySpace (one being a recidivist), then calculated the recidivism percentage which would be .0001388 or .01388%. While there is not much difference in the final number, technically this is the proper way to do it.
2) Social Networking Website Act (New Legislation):

A) Congress needs to establish a new area of legislation, "The Social Networking Websites Act," (SNWA) and clearly define its limits and purpose; (Currently in society there are laws governing adult book stores and adult entertainment places.) Congress needs to enact SNWA likened to adult entertainment legislation to control SNW as to minors on their site:

B) Definitions:

i) "Social Network Website" (SNW) is a site which has a makeup similar to MySpace and operates as such, or is a site which permits a chat-room type conversation between two parties, or etc.,. (needs further development)

ii) SNWs do not include sites such as News sites or blogs or other sites which would impede "Freedom of Speech," etc. and are not covered by this SNWA (Needs further development);

iii) Both SNWs and Chat-room only websites need to restrict minors to: 1) chat-rooms of just minors; 2) Accounts that are not publicly accessible but are accessible to other minors.
C) Notifications to parents:

i) Require parents to approve their child's account, and notify them of their responsibility as to their child's actions;

ii) Notify parents of the fines they will be subjected to if their child violates provisions: i.e., lying about age, etc. (Again needs further development)
3) Social Networking Website Operational Requirements:

A) Requirements as to SNW and minors on their website:
i) If a minor (person less than 18) sets up an account, it cannot be activated until a parent approves such. Parents would have to provide a valid credit card, or a driver's license as proof they approved of the account;

ii) Such minor accounts could not be accessed by adults (excepting the parents who have approved a minors account); minor accounts would be non public accounts automatically upon opening. They will only be accessible to other minor accounts;

iii) Minor accounts should be allowed to further restrict who they deal with. i.e., if there is someone they choose not to deal with and that person is a minor too, they should be allowed to stop contacts;
B) Social Networking Website Penalties:
i) If a minor is caught setting up an account as an adult (i.e., they lied about their age), the parents are reported to local police and they pay a fine; sort of a civil type penalty. That minor is then prevented from setting up another account for some period of time as a penalty to them.

ii) Social networking sites are fined for not following the law.
4) The Effects of current legislation runs contrary to public safety concerns:
a) Currently requiring RSOs to register e-mail addresses and other Internet ID's is a bootless exercise which shows Congress and State Legislators know little about how the Internet operates. e-mail addresses -if not used for a period of time- will become dormant and ISPs will -at some point, usually within a year- allow that e-mail address to be used by someone else. Hence, down the road -if a RSO registered that e-mail address, and someone else uses it in a manner prohi d by law, then law enforcement will be arresting the wrong person. This causes a significant waste of law enforcement and the court's time and resources, and affect the RSO's arrest record.

b) The same is true of chat-room IDs, in fact, the same chat-room ID can be in use in hundreds of places around the world at the same time which could result in arresting the wrong person. i.e., the RSO who registered it when someone else is using the same chat-room ID in another chat-room.

c) The stance that is being taken is to stop RSOs from participating in virtually all online activities. Current legislation tells ISPs and Social Networking sites to cut-off the RSO. This impedes the reentry of RSOs into the community by thwarting employment and educational opportunities, and affects the RSO's family as well. All this type of legislation makes RSOs and their families welfare recipients.

d) Publishing RSOs' e-mail addresses, as well as other information, is causing them to be targets of hatred and they are being stalked harassed online and elsewhere. There are some who have been murdered!
5) Relevant studies for the committee to consider:

Very important to this committee is to understand the risks (sexual behaviors) today's youths regularly engage in. The Center for disease Control's 2005 "Youth Risk Behavior Surveillance System" (YRBSS) will show that 46.8% of students had had sexual intercourse during their life (Table 44). (pg-19). This must be considered when addressing youths on Social Networking Websites; unfortunately, today's youths are risk takers. (Additional information on YRBSS)

The following studies are relevant to Internet Sex Crimes and the committee should review them to filter out the myths and misconceptions that prevail in the world of sex offenses and offenders. Many of the more recent studies refute some of the findings of the older studies. Since the Internet is a constantly changing medium the Committee should place more reliance on the newer studies to debunk myths, sound bytes and factoids.

Teens and Online Stranger Contact (Pew / Internet & American Life Project), October 2007

Teens, Privacy & Online Social Networks: How teens manage their online identities and personal information in the age of MySpace (Pew / Internet & American Life Project), April 2007

Internet Prevention Messages: Targeting the Right Online Behaviors, February 2007

CREATING & CONNECTING // Research and Guidelines on Online Social - and Educational - Networking (National School Boards Association), July 2007 (This study was made possible with generous support from Microsoft, News Corporation and Verizon. The study was comprised of three surveys: an online survey of 1,277 nine- to 17-year-old students, an online survey of 1,039 parents and telephone interviews with 250 school district leaders who make decisions on Internet policy.)

Internet-initiated Sex Crimes against Minors: Implications for Prevention Based on Findings from a National Study, May 2004

Escaping or connecting? Characteristics of youth who form close online relationships, 2003

THE EXPOSURE OF YOUTH TO UNWANTED SEXUAL MATERIAL ON THE INTERNET: A National Survey of Risk, Impact, and Prevention (2003)

Internet Sex Crimes Against Minors: The Response of Law Enforcement, November 2003

Internet Crimes Against Children (U.S Dep't of Justice) December 2001 & 2005 (Youth Internet Safety Survey is included)

Just The Facts About Online Youth Victimization: Researchers Present the Facts and Debunk Myths (Transcript), May 2007, this updating the 2000 "Online Victimization" report.

Online Victimization: A Report on the Nation's Youth (Crimes Against Children Research Center), June 2000

Presented by the collective mind of a National Coalition of Advocates.

eAdvocate (A special thanks to all those who submitted ideas)
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