NY- Proposed Net law has plenty of holes

Measure against sex predators would be nearly unenforceable

2-24-2008 New York

The Internet is arguably the best and worst thing to happen to society in the past 15 years. It allows us to have the world at our fingertips, to communicate with folks on the other side of the world in the wink of an eye, and to tell everyone exactly what we think. On the other hand, it has brought down the level of discourse in this country and (ironically) leaves some people even less connected to the real world.

Sharpening that double-edged sword is the Internet's inherent sense of anonymity. The idea that anyone can hide behind a false mask online, if they so choose, is rabidly defended -- and sometimes rightly so. But it also brings out the darkest aspects of human nature: Many people insult each other in ways that they wouldn't face to face, some are scammers and cheats, and the worst ones approach children with offers of sex from behind the shield of a computer screen.

On Thursday, New York Attorney General Andrew Cuomo announced a proposed law to ban registered sex offenders from social networking Web sites such as MySpace and Facebook, which are popular with teens. The law would apply to sex offenders whose victim was under 18, who used the Internet to commit their crime, or who are designated a Level 3 offender. If passed, such sex offenders would need to list all of their e-mail addresses and Internet screen names with the state, or face felony charges. It would also prohibit those offenders from using the Internet to access pornography.

Sure, it's an idea that sounds marvelous -- who doesn't want to protect kids from sex predators (except, obviously, the sex predators themselves)? In practice, though, such a law would be nearly impossible to enforce. Someone determined to stay anonymous could create dozens of new e-mail addresses an hour on sites such as Yahoo, Google Mail or Hotmail. Also, some Web sites offer ways to scramble users' IP addresses -- a unique number that identifies a particular computer to others -- so that communications are nearly untraceable.

Also, let's face it: It's a big online world out there, and while MySpace and Facebook are big among teens, there are thousands of message boards and millions of Web pages where determined predators can hide. Even a site with an innocent focus -- say, stamp-collecting -- can be more sinister if one bad apple shows up.

Keep in mind, too, that the new law would apply just to known sex offenders -- and even then, only the ones who fit the above criteria. Nothing to stop a guy (or gal) who is a first-time predator, or who hasn't been caught yet. That's true for any crime.

When asked Thursday about these gaps, Cuomo admitted: "Nothing is foolproof, but it's a big step forward." While we suppose it's better to have something rather than nothing, how useful is a law that has as many holes as a screen door?

As a possible method of enforcement, the attorney general did mention that probation and parole officers have the power to check the hard drives of sex offenders' computers to monitor their Internet use. However, the Division for Criminal Justice Services estimates about 26,000 sex offenders registered with New York state, and 424 in Broome County. It seems unlikely, however, that every hard drive will be checked every day to ensure compliance with the law. Heck, a clever online predator could own two or three different computers, or log in for e-mail at the local library. (A scary thought, but possible.)

At the core, though, is one simple fact: While "stranger danger" gets the most high-profile attention, the vast majority of crimes against children are committed not by released sex offenders, but instead by the victim's own family, church clergy and family friends. The National Center for Missing and Exploited Children has said that "based on what we know about those who harm children, the danger to children is greater from someone they or their family knows than from a stranger."

That's not to say that parents shouldn't be on the lookout for online sex predators. As always, it's best to keep the computer where its use can be monitored -- in a family room, not a child's bedroom -- and to teach about the dangers of giving out personal information such as names, addresses and phone numbers. But that should only be part of the lessons about the unfortunate array of ways that children and teens can get into trouble in the 21st century.

Because while we worry about the shadowy sex predator who might be lurking outside, we could be missing the abuse happening right in our own homes. ..more.. Editorial: PressConnects.com