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Columns April 6, 2008
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Guest Columnist
The dark side of the Internet
By George Winner Jr.

Last year the Senate Task Force on Critical Choices issued a report called, "Protecting Children in the Internet Age." This reported highlighted the spread of child pornography, which is now estimated to be a $2- to $3-billion-a-year industry in America.

It's an incredibly disturbing and tragic nightmare to have to confront, but we have no choice in this new age of technology. We can't close our eyes to the reality. The sad fact is that while the Internet is an amazingly powerful and positive force in our society, it also has a dark side. And never more darker than when it comes to the exploitation of kids.

So New York government needs to take aim at the No. 1 danger on the Internet. A widespread Senate effort to do just that is well underway this year. Our goal is to fight back as hard as we can against some of the worst of what our society offers online.

The possession or distribution of child pornography is illegal under federal law and in all 50 states, but many researchers and law enforcement authorities have noted an alarming increase in these crimes largely resulting from the rapid growth in the use of the Internet and modern technologies. Last year's Senate report also pinpointed a strong link between those who possess child pornography and individuals who sexually abuse children. Because of this strong link - and because the conviction rate for child pornography possession is nearly 100 percent - the report emphasized the importance of cracking down on child pornography as a critical part of any overall strategy to keep children safe from sexual offenses.

So on the heels of action earlier this year to restrict the access sex offenders have to social networking sites on the Internet, the State Senate has also recently approved legislation I co-sponsor to further combat cases of child pornography and child sexual abuse fueled, in large measure, by the Internet's rise.

The measure is known as the "Child Sexual Abuse and Exploitation Prevention Act of 2008." It calls for aggressive measures to protect children from the dangers posed by Internet predators, child pornography and child sexual abuse. Specific provisions include:

• Tougher penalties for promoting child prostitution; • Increased penalties for producing child pornography;

• Strengthening penalties where a sex crime against a child has been committed using a computer or computer service;

• Increasing the penalty for persons who permit their premises to be used for child prostitution;

• Allowing the admission of business records into evidence in child pornography grand jury proceedings via affidavit;

• Allowing a "non-judicial" subpoena to be issued by a local district attorney or the state attorney general for child pornography via the Internet; and

• Requiring local social services districts, when possible, to

establish safe houses for sexually abused children.

The legislation must still be approved by the Assembly and be signed by Governor David Paterson before becoming law. You can rest assured that its enactment will remain a Senate priority throughout the remainder of this year's legislative session.

As I mentioned above, this latest Senate action is intended to

complement a move earlier this session to restrict the access that already convicted sex offenders have to Internet sites that could provide easy access our young people. Earlier this year the Senate approved a measure I also co-sponsor, one first advanced by state Attorney General Andrew Cuomo, to combat online sexual predators through what's known as the Electronic Security and Targeting of Online Predators (e-STOP) Act.

The e-STOP Act, which is expected to become law, is currently before the full Assembly. It's expected to become law. Among other provisions, the e-STOP Act will require sex offenders to register their e-mail addresses, instant message screen names and other online identifiers with the state HYPERLINK "http://www.criminaljustice.state.ny.us/nsor/index.htm"Di vision of Criminal Justice Services (DCJS). Online social networking companies like MySpace and Facebook will be able to access this DCJS information so that they can prescreen and block access by convicted sex offenders, as well as notify law enforcement authorities of potential violations of law and threats to public safety.

The writer represents the 53rd District in the New York state Senate


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