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New York State has unanimously passed a law taking aim at online sexual predators by prohibiting inappropriate use of the Internet by sex offenders. The Electronic Security and Targeting of Online Predators Act (e-STOP) is the result of a landmark agreement proposed by Attorney General Andrew Cuomo, and sponsored in the respective houses by Assemblyman Joseph Lentol (D-50th A.D.) and Senator Dean Skelos (R-9th S.D) to prevent predators from victimizing children on Internet social networking sites.

Under e-STOP, which was signed into law by Governor David Paterson April 28, all sex offenders required to register under Megan's Law must now also register with the Division of Criminal Justice Services (DCJS) all Internet accounts as well as provide all electronic mail addresses and designations used for the purposes of chatting, instant messaging, social networking or other similar Internet communications.

Also, should that information ever change, registered sex offenders must notify DCJS within 10 days; those who fail to register will face the current penalties under Megan's Law (a class E felony for the first offense and a class D felony for subsequent offenses). Additionally, a sex offender's Internet information will be made available to social networking websites (i.e. myspace and facebook) who are authorized to prescreen or remove offenders and advise law enforcement if there is a potential violation of law or a threat to public safety.

"With this information readily available to them, social networking organizations will be better equipped to weed out sex offenders, thwarting potential online offenses," said Assemblyman Charles Lavine (D-13th A.D.).

According to Assemblyman Rob Walker (R-15th A.D.), members of both Houses have received testimonies from imprisoned sexual predators who admit they have an incurable disease and that, once released, will seek someone to prey upon. "Nobody ever thought laws of this nature would be necessary, but what we need to remember is that we are dealing with convicted sexual predators," Walker said, adding, "The Internet age makes for a very scary environment where someone can prey, hidden under a screen name, without being detected. The worst thing would be for a sexual predator to be hidden under a screen name."

The e-STOP law also imposes four new mandatory conditions of conditional discharge, probation and parole for certain dangerous sex offenders under Megan's Law, including a complete bar on Internet use to access pornography; a ban on accessing or belonging to social networking sites; a complete bar on using the Internet to communicate with other individuals or groups for the purpose of promoting sexual relations with minors; and a bar against using the Internet to communicate with a minor unless the person is a child of the offender and the offender is not otherwise prohibited from communicating with that child.

Although many privacy safeguards still exist under federal and state law, the information collected by DCJS will be made available to any business or organization that provides social networking services over the Internet to minors.

"Social networking websites such as myspace and facebook have become daily resources for millions of young people but they can also provide sexual predators unprecedented access to unsuspecting users, subjecting them to unwanted advances and placing them in harm's way," Lavine said. "The e-STOP law will head off these predatory encounters before they happen, preventing sexual offenses over the Internet and safeguarding our children."

"It is imperative that our laws keep pace with emerging technology and the threats that inevitably come with it," said Senator Craig Johnson (D-7th S.D.). "I am proud to have voted for this legislation, which will give law enforcement yet another tool to better protect our children and our communities."

While other states may have similar laws in place, New York' e-STOP is by far the "most comprehensive and most far reaching" currently in place, said Walker. "Passage of this law was a joint effort by a conglomerate of entities, including the owners and operators of these social networking sites, who were all very cooperative. No one knows those websites better than their owners," he said, adding that the e-STOP legislation is a prime example of government taking a proactive rather than reactive approach. "For us to come up with really good legislation instead of just throwing out ideas meant everyone, on all sides of the aisle, got together, to come up with legislation that really makes sense," Walker said. "This was an extremely progressive effort."

According to Lavine, with the advent of new technology comes the need for new, appropriate protective regulation. "Although the Internet has revolutionized communication and information gathering for the 21st century, it also provides another opportunity for sexual predators to further victimize children. This law will help keep New York safe by protecting our children on the Internet and averting future victimization."


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