Originally Posted - February 20, 2007

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NEW YORK---The of New York Commission of Investigation (SIC) has released a report, "Cyber Crimes Against Children," after a comprehensive, nearly year-long investigation.

"So many of our young people have grown up on the Internet. From surfing the Web and entering chat rooms where they correspond with strangers who may seek to harm them, to creating Web pages on websites like MySpace and Xanga, where they can post personal information and pictures, society needs to know that young people are protected," said Alfred D. Lerner, chairman of the SIC. "And not surprisingly, as children of every generation did before them, too many feel that they know better than their parents and teachers how to protect themselves and whom they should trust and have as friends.

"The Commission is proposing several important reforms to our State's criminal justice laws to ensure that we do everything possible to protect children and punish cyber predators. While these predators may not hide behind trees in their trench coats, they are far more dangerous because they establish relationships through the Internet with young people who want to trust them," Lerner said.

Based upon its investigation, the SIC proposes the following recommendations:

-- Increase Punishment for Cyber Crimes Against Children

The Commission recommends that the length of sentences for cyber crimes against children, namely the child pornography possession and promotion and dissemination statutes be increased.

-- Create an Independent Luring Statute

The Commission recommends that the Penal Law be amended to criminalize, as a class C felony, the act of enticing a child into an area or act by false promises or rewards, where the child's welfare would likely be endangered.

-- Institute Graduated Sentencing for Child Pornography Offenses

The Commission recommends that sentencing for those convicted of possession or promotion of child pornography be based upon the number of images possessed.

-- Define "Depicts" as Applied to Disseminating Statute

The Commission recommends that the word "depicts" in the Penal Law be defined to specifically include depiction of indecent material by words and/or pictures.

-- Amend Sex Offender Registration Act Scoring for Cyber predators

The Commission recommends that scoring of convicted sex offenders under the Sex Offender Registration Act reflect the age that the offender believed the victim to be.

-- Allow Business Records Hearsay Exception for ISP Information

The Commission recommends that State law be amended to permit the introduction of Internet service providers' account information into grand juries via affidavit.

-- Institute Mandatory Internet Safety Curriculum in Schools

The Commission recommends that the State institute Internet safety curriculum throughout all public schools, evolving as new threats are identified.

-- Increase Resources for Law Enforcement and Public Awareness

The Commission recommends that the State allocate additional, dedicated resources to assist in law enforcement efforts to combat Internet crimes against children.

"Taken together, if these eight recommendations were enacted they would go a long way in helping to protect New York's young people and make it easier to convict and provide appropriate punishment to these evil cyber predators," Lerner said. As part of its investigation, the Commission held public hearings in Albany, Buffalo and New York City. The Commissioners and SIC staff heard from experts in law enforcement, Internet safety groups, computer services providers, and representatives of victims of cyber crimes and related non-criminal threats to children, such as bullying via cyberspace.

"During our investigation, we learned that Internet Service Providers and social networking sites such as MySpace have taken steps to address the problems of cyber predators and cyber bullying. But we also heard from critics who argue that their steps are insufficient. The Commission clearly believes more needs to be done," Lerner said.

"We hope that the Governor and Legislature will review our findings and work swiftly to implement our recommendations," Lerner said. "It is imperative that the State do everything possible to protect young people from the very real dangers they potentially face every time they log on to the Internet or enter a chat room."

A copy of the full report can be found on the Commission's website, http://www.sic.state.ny.us/Docs/Public%20Reports/pdf/cyber.PDF
2-20-07

© 2007 North Country Gazette