Thursday, May 21, 2009

DUI / DWI Verses Sex Offenses

View the article here

05/21/2009

By J.T. Right

Sex Offender, the mere mention of the word brings disdain from many. Yet is there a danger to you and your children far great than the stranger danger promoted about registered sex offenders? If you have an open mind and are willing to look at the facts, this article will present a non hate based look into the thinking behind the sex offender registry and the lesser laws in place for DUI/DWI.

Something is terribly wrong!

Laws regarding sex offenses have been enacted because of a relatively few incidence where the death of a child was involved. The death of a child is a terrible thing no matter how they die, however, these few instances, less than 20 high profile cases where a child was killed by (murderers where a sex crime was also involved) nationally, have spurred elected official to pass hundreds if not thousands of laws pertaining to all sex offenders. In effect, the actions of these few people (Murderers) have affected the approximately 700,000 people who are now registered on the national sex offender registry.

The original intent of the national registry was to make people aware of people like the above mentioned high profile cases (Murderers of children where sex was involved). The truly dangerous predators who may stock the streets looking for another victim. True predators.

Is that the outcome of the national registries? NO! The truth about the Sex Offender Eegistry is that so many laws have been added that today the registry includes people who have been caught urinating in public, consensual sex, mooning, streaking, and sexting along with the truly dangerous, which account for only about 5% of those registered. (Contrary to popular belief, the classification of Sex Offenders is not based on likelihood of reoffend. It is based on the name of the crime that the offender was convicted of. In many instances the name of the crime leaves the public with the impression that something far different from the facts of the case took place.)

And far beyond the Child Murders, the registry has broadened to engulf anything that people could possibly conceive as a sex crime. The original intent of the registry to protect the public has been lost in the dilution of facts and the inclusion of crimes that have never been a threat to your children or anyone else's children.

It certainly has left its original intent and the reason it was put in place . Let me reaffirm why it was put in place. A few sick persons sexually assaulted and (Murdered) children. Should the registry not be the Child Sex Murder Registry?

One of the driving forces behind laws regarding sex offenders are out dated or inaccurate statistics regarding the re-offence rate of convicted sex offenders. Recidivism rates from 50-90% have been touted by the press, politicians and vigilantes in an attempt to gain the favor of the masses.

But are these rates fact or fiction?

Fiction! The fact is that sex offenders are less likely to reoffend then all other convicted offenders besides murderers. According to the Department of Justice, the re arrest rate for sex offenders for a NEW SEX OFFENSE is just 3.5%. Far less than the hype that is spread by politicians, the media, and vigilantes.

This is a direct quote from, Sentencing Guidelines Commission, State of Washington

Murder, robbery and Sex offenders were the least likely to have current criminal behavior that was the same type as that committed in the past.

Here is the link for the above.

www.sgc.wa.gov/PUBS/Recidivism/Adult_Recidivism_CY04.pdf

I will let you educate yourself on these facts. That is if you want the true facts. Here are the other links where you can do the research.

http://www.ojp.usdoj.gov/bjs/pub/pdf/rsorp94.pdf

http://www.csom.org/pubs/mythsfacts.html

What about another, more common crime that kills. If the same standards were implemented on this crime where children (and adults) are killed what would the resulting outcome be?

DUI or DWI.

DUI/DWI traffic related deaths (Manslaughter) across the U.S. for one year dwarf all sex offender related murders for the past 100 years and yet DUI/DWI laws are not becoming stricter. Some federal laws are becoming far less strict for this common crime.

In 2007 alone there were 15,387 alcohol related traffic deaths in the United States. How many of those victims were children? Or does the public accept the death of a child as long as the person is driving drunk?

They must, because there is no great public outcry to have a national DUI/DWI registry for the protection of innocent children.

If the same formula were used on DUI/DWI crimes as are on sex related crimes what would the outcome be?

  1. There would be a national registry for DUI/DWI. DUI/DWI Offenders would have to report, in person, once every ninety days to their local DUI/DWI registry office where they would be booked again and again for the same crime. This registry would reach into the multi millions of people who would be required to register.
  2. DUI/DWI offenders would have special license plates and driver licenses to alert the public as to the danger they might cause.
  3. DUI/DWI offenders would have monitoring devices on their vehicles and GPS bracelets to ensure they are not going to restricted areas (of our free country.)
  4. DUI/DWI offenders would be restricted as to where they could drive. (Nowhere near schools and other places where large numbers of people gather).
  5. DUI/DWI offenders would have residency restrictions that would include areas near or around bars and liquor stores. Even Wal-Mart would be off limits since they sell liquor. Church would also be off limits since many churches serve wine in church ceremonies.
  6. DUI/DWI offenders would be ridiculed publicly and by the press. Vigilantes would follow and harass them in the name of good honest people who are concerned about their children. Their homes and vehicles would be vandalized and many of them would live in fear.
  7. In time the DUI/DWI Registry would be expanded to include other driving offences such as speeding, parking violations and even vehicle registration infractions. All of these new categories of DUI/DWI offenders would be looked upon by the public the same as the DUI/DWI offender who killed someone in an accident.
  8. DUI/DWI offenders would be restricted from travel abroad, since they may drink and drive in another country. They would not be allowed on cruise ships since they serve alcohol.
  9. Constitutional law would be violated, over looked, or changed in the name of protecting people from DUI/DWI offenders. They would be stripped of all rights and any new law protecting citizens rights would not apply to them. Organizational like Human Right Watch would warn that the DUI/DWI registry is a violation of basic human rights. (Human Rights Watch has said this of the Sex Offenders Registry)
  10. DUI/DWI offenders would lose their jobs and end up homeless outcasts from society. Many would be killed by vigilantes and many would see life as hopelessness and commit suicide. All the while a supposedly Christian population would cheer their deaths and demand more restrictive laws to deal with these, the most wretched of people on the planet!

DUI/DWI offenders kill more Americans (Men, Women and {Children} every year than are lost in the wars this country is fighting and yet, none of the above restriction and laws apply to DUI/DWI offenders.

However in the name of protecting children, these kind of laws and effects have been imposed on the approximately 700,000 registered sex offenders that now must live with the public shaming, restrictions, and other fallout that were caused by some twenty or so truly sick individuals (Child Sex Murders).

In addition, the families Husbands, wives and children) of these former sex offenders are affected also. They live with this stigma day by day.

So, if you are one of the people who wants all sex offenders dead, ask yourself this; when you look down on a registered offender in your neighborhood, when you shout terrible things at them, did you notice their little child next to them in that car. Do you care that you just hurt that child emotionally? Or do you even care at all because you feel superior to those people. Oh I know, you can justify everything you do in the name of child safety, or can you now that you know the facts? Would you now cast the first stone?

Side note.

Other effects of DUI/DWI that I did not go into are, costs to insurance companies, property damage, and Recidivism rates for DUI/DWI (Which are very high) 33% per (1) year, which is contrasted with the low 3.5% per (3) three years for former sex offenders. It also does not take into account the Multi Millions of dollars that SORNA and the AWA cost tax payers per year. Money better spent elsewhere.

Also, for all who do not know, a sex offender, a predator and a pedophile are not the same thing! Look it up. Using all these terms for the same thing makes people sound really illiterate.

In addition, the supposed 100,000 missing offenders, that is not a fact. There is no study to back this up. Someone pulled that number out of the air and now everyone is quoting it. Before you go quoting numbers, be ready to prove where they came from.

By writing this, I am in no way advocating a public registry for DUI/DWI. Far from it. Registries are counterproductive to society. (Human Rights Watch, No Easy Answers) Registries promote vigilantism and hate crimes. Registries prevent people from reintegrating into societies. They create divisions and sub-classes of people. The cause harm to innocent family members. Public registries are the modern day equivalent to stocks and pillories. Is this what our civilized world has come to? (www.geocities.com/WestHollywood/Heights/9417/punish.html) Pillories were abolished in England in 1837.

Do the registries work. Many studies prove they DO NOT work.

Do they provide a false sense of security? Yes they do.

How so? Since about 95% of all new sex crimes will be committed by people not on the registry (someone known by your children), the notion that the registry is protecting anyone in complete foolishness.

No one has a magic ball to tell that someone will for sure reoffend again. The registries thus punish everyone listed on them for a crime that has the second lowest re-offense rate.

FACT. Most sex offenders will not reoffend. Check it out. Do the research.

As for those who say, they just didn't get caught again. While this may be true for a very very few, the FACTS prove you wrong.

The FACTS I have shown here are based on all criminal offenses comparatively. Unless you are saying that former sex offenders can somehow escape prosecution more than any other group, (While being branded and watched on the public registries, required to register as often as every ninety days, residency restrictions, job restrictions and so on) then your opinion is flawed and more than likely based on false information or simple prejudice and hate.

In effect you are also saying that the registries are doing no good at all. You can't have it both ways. Either the registry is working and the stats are true or are they not and the stats are false.

In reality , the stats are TRUE and yet the registry is still not working since 95% of all new sex offenses are committed by people who are not on the registry (People you already know). The Sex Offender Registry is a feel good law and whipping post for politicians and vigilantes nothing more, nothing less!

For those who say, the victim cannot start over again so why should the offender? I disagree and so do the majority of victims. There are many books out now that speak contrary to the forever a victim mind-set. If you are a victim, that is unfortunate. But your life is not over. You can move on, even if you must get help to do so. Do not live in the past, embrace a positive future and allow others to do the same as most other victims have already done.

In conclusion, based on FACTS, not hate or false statistics, it is time for our civilized world to look to the past and learn from it. Public shaming in the name of safety and punishment is outdated. It is cruel and unusual punishment that must be done away with. This change will come in time, after that the people who created these hate based laws will be looked upon the same as medieval villagers with pitchforks chasing Frankenstein.

In that future time, what do you want people to remember about you regarding the public registries? Pitchfork of peacemaker?


CA - Failed hard drive becomes issue in predator sting case

View the article here
Another Article "What is Perverted-Justice hiding?"

05/21/2009

By LORI A. CARTER

A Sonoma County judge wants additional testimony from a prosecution witness in the case against an East Bay oncologist arrested in a televised “online sex-predator” sting three years ago in Petaluma.

At issue is the potential admissibility of key evidence against _____, 51.

Judge Arthur Andy Wick tentatively ruled Thursday in favor of defense attorneys who were seeking an explanation from prosecutors about why they haven’t turned over a computer hard drive a decoy allegedly used during electronic chats with _____.

_____ was among 29 men arrested in August 2006 during a three-day sting police conducted in partnership with the advocacy (vigilante) group Perverted Justice and producers of Dateline NBC’s “To Catch a Predator” TV series. The sting resulted in two hours of programming showing men arriving at an East Petaluma home, ostensibly to meet with an underage boy or girl with whom they’d arranged a rendezvous online.

Prosecutors said the decoy — the founder of Perverted Justice, Xavier Von Erck, who calls his members vigilantes — told them the hard drive on which he recorded the _____ chats on crashed two years ago and that its data is irretrievable.
- Then the man should be let go, because there is no evidence, except hearsay.

_____’s attorneys questioned the timing of the alleged computer crash and Von Erck’s motives and truthfulness. Von Erck’s organization was paid $140,000 for the Petaluma sting and Von Erck himself takes a $125,000 salary from Perverted Justice.

_____ is charged with attempted lewd conduct with a child, a felony that could mean a maximum of four years in prison if he is convicted. He also would have to register as a sex offender for the rest of his life. His medical license has been suspended pending the outcome of the case.

On Thursday, Wick indicated he would issue a written ruling that would order an evidentiary hearing to pin Von Erck down on when the hard drive crashed, exactly what that means and how he says he copied the contents of the hard drive onto a portable thumb drive.

The data from the thumb drive — chat logs that show four days of sexually tinged conversations, allegedly between _____ and a 13-year-old girl — was entered into evidence at _____’s preliminary hearing in 2007 after Von Erck testified that the information was a true representation of the conversations.

One of _____’s attorneys, Blair Berk of Los Angeles, said the revelation of the hard drive failure raises doubts about the reliability of the chats and calls into question the chain of custody for evidence prosecutors want to use against _____.

The defense believes they are a false, inaccurate and incomplete reflection of the actual chat,” she told Wick.

Prosecutor Brian Staebell said the defense greatly overstates the importance of the chats and the damaged hard drive. He said Von Erck already had copied the relevant files and “there is no more information on it.

Wick said he remains concerned about the reliability of the logs and their chain of custody. He tentatively set a June 15 hearing date to have Von Erck explain under oath what happened, and when, with his computer equipment, and where it is now. Computer experts also may testify.

Wick previously dealt the prosecution a blow by ruling that Petaluma Police twice violated _____’s Miranda rights by continuing to interrogate him after he’d asked for a lawyer. _____’s statements to police were tossed out.
- And more reasons the case should be thrown out!

The ruling didn’t exclude other prosecution evidence against _____, including the chats and video recordings showing _____ arriving at the house, talking with a female decoy and being arrested after he apparently saw TV monitors and began to leave.

Several times during the chats, _____ declined or expressed discomfort with idea of a meeting, saying that they “can’t do anything” if they did meet. _____ acknowledges driving from the Bay Area to the Petaluma home police had staked out and rigged with cameras for the sting. But he contends he wasn’t intending to engage in sex acts.

_____ has been free on bail since shortly after his arrest.


TX - Photos of Nude Girl Found on Child's Phone

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05/21/2009

A 12-year-old boy's mobile phone contained possible child pornography, Dallas police said.

The phone was confiscated while the boy was in class at Wallace Elementary School in Lake Highlands, police said.

The phone kept buzzing while the student was taking a test, investigators said. A teacher looked at the phone's text messages to see if the boy was cheating and found nude pictures of what appeared to be an underage girl, Senior Cpl. Kevin Janse said.
- So my question is, why is the teacher looking on a cell phone, which is not theirs?  What gives them the right to do so?

"First, we need to find out how old the person in the picture is, and second, did they know the pictures were being taken?" he said.

Investigators said the photos may have been "sexting," in which kids send naked pictures of themselves to their friends.

"Kids need to know that is a felony," said Toby Shook, a former Dallas County prosecutor.
- They won't know this unless someone teaches it to them.  So why does the schools not teach this?

Because laws have not caught up with technology, sexting is the equivalent of distributing child pornography in the eyes of the law, Shook said.

"The greater question is, should the law change in regard to juveniles? Is this really the intent of the Legislature?" he said. "I think not."

Now, police are trying to locate the girl, whose age needs to be verified before it can be determined if the image is child pornography.

It is not known yet what charges, if any, will be filed. But if the 12-year-old is convicted in a juvenile court on child pornography charges, he could be forced to register as a sex offender for up to 10 years.

The girl in photos could also be charged with distributing child pornography if police discover she took the photographs and texted them to the boy.

"Bottom line, there is nothing good about sexting," Janse said. "Nothing good comes of it, and there is nothing positive about it."


ME - Vandals target Scarborough home (And more vigilantism in Maine)

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In this day and age, people need to get security cameras, to catch these people in the act, and prosecute them.

05/21/2009

By Al Edwards

SCARBOROUGH - When Ted Quinn woke up at his 213 Pleasant Hill Road home in Scarborough Tuesday morning, he noticed what he thought was frost on his kitchen window.

Quinn inspected the mark more closely and realized the spot on his window wasn’t from the cold. Someone had covered the outside of his home with white spray paint.

I couldn’t believe it,” Quinn said Thursday. “I felt angry and violated.

Either Monday night or early Tuesday morning, someone spray painted his home and garage with obscenities. His outdoor lighting, grill and patio were also sprayed, and his screen doors slashed, according to Scarborough police.

Quinn’s insurance company estimated the damage at about $25,000, he said.

It wasn’t the vandalism so much as the wording that bothers Quinn, who is a real estate agent for Ingalls Commercial Brokerage in South Portland.

A big thing that really concerned me was the writing in three spots,” Quinn said. “I’ve lived here for a year and a half, my son’s 15, so I’ve coached baseball and basketball and a lot of my friends are Scarborough parents who know me. The problem is there are about 200 houses back here and this is prominently displayed. I had a conversation with one of my neighbors who said, ‘I bet a sex offender’s moved in and they are identifying him.’

According to Scarborough’s sex offender registry, there is no person listed on the registry who lives on Pleasant Hill Road.

The family is still staying in the home, in which they have lived for a little more than a year.

Neighbors who know Quinn said they feel sorry for him and his family, but the wording has sparked curiosity, said Marjory Halacy of Flintlock Road just behind his house.

That’s a hate crime, that’s the way I look at it,” she said. “It’s a terrible offense personally and also in the neighborhood. I’ve had 25, maybe 30 people who have stopped saying they were so concerned asking me, ‘who do we have living in the neighborhood?’ I just had to put my hands up and told them to please stop asking and not to go in that thought direction. It just reflects so badly on him as a person.

Jan Strait, who lives up the road from Quinn on Tenney Road, said she was shocked at the level of hate.

It looks like he was targeted specifically because they didn’t get anyone else,” she said. “I think it’s isolated. I think they thought they knew him and it was specifically for that person.

That, Quinn said, is the most upsetting part of the vandalism.

It is disturbing. I’m confident there is no one in my family that warranted this,” Quinn said. “To me, there’s so much, it looks like there is a lot of hate and a lot of anger in it. I’m confident that we didn’t create this much anger or create a situation for someone to do this. I really hope that whoever did it (will) accept responsibility for this. What was done is senseless.

Scarborough police are investigating the vandalism. They do not have any leads at this time, but they said they believe the incident is isolated.

My thought is it could be someone who knows him or his family, I don’t know," said Detective Sgt. Rick Rouse. "We don’t have any suspects at this time.

Halacy said this is the first time in her 25 years of living in the neighborhood that she has seen this level of vandalism. However, she said, it’s not the first time problems have popped up in the area.

I have had a lot of things stolen from my house here,” she said. “I had a 6-foot Nutcracker on my door, and that was ripped right off the door a couple of Christmases ago. I’ve had a flag and pole stolen off the side of the house, my Canadian Geese stolen and the hose on the side of my house had been cut at one time. I have dealt with a lot of problems.


IA - Culver signs sex offender changes

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This man is so full of himself.  Why does one have to put on a show in front of everyone to say "Look at me, see what I have done!"  It just makes me sick, and again, this will not prevent anything, but will help him further his career.

05/21/2009

By Rod Boshart

DES MOINES - Better tracking of where sex offenders are rather than where they sleep should make Iowa children safer and law officers more effective in protecting the public, according to backers of changes signed Thursday by Gov. Chet Culver (Contact).

"The enactment of this bill is a major public safety achievement," said Iowa Public Safety Commissioner Eugene Meyer, who hailed the signing of Senate File 340 as the most comprehensive update since Iowa's sex-offender law was enacted nearly 15 years ago.
- Yeah, they all say that, to make themselves look good.

"By signing this law, Gov. Culver will give to Iowans a smarter, more effective law," he said. "It will improve registration, it will improve monitoring and tracking of sex offenders, and it will make Iowa a safer place to live."

Culver gathered outside the Capitol with law officers, prosecutors, victims' advocates and others to sign a bill that he said will significantly revise Iowa's laws regarding sex offenders and prohibit those convicted of sex offenses against minors from working or visiting places where children are likely to gather.
- You see, he has to make a show out of something, to boost his ego and make sure the sheeple see how high and mighty he is, or thinks he is!

Provisions of Senate File 340, known as the Adam Walsh Child Safety & Protection Act, call for better tracking of the most-dangerous sex offenders; new exclusion zones for child sex offenders to keep them away from schools, day cares, and parks; and new work and volunteer restrictions for child sex offenders at places with children.

The bipartisan legislation scales back the state's law banning some sex offenders from living within 2,000 feet of a school or day care - a rule that left large areas of cities off-limits to sex offenders looking for housing.

The most-serious offenders will still be subject to the so-called 2,000-foot rule.

But the measure establishes a new category of exclusionary zones where registered sex offenders would be prohibited from working or visiting without permission.

Sex offenders will no longer be allowed in schools, on school buses, at child care centers or at public libraries. In addition, sex offenders convicted of serious crimes are not allowed within 300 feet of these facilities, as well as other places minors may be present, such as playgrounds and swimming pools.
- Minors might be present anywhere!

Iowa Attorney General Tom Miller (Contact) said Iowa's current residency restriction "had more of the illusion of safety. This will have much more of the reality of safety."

THE PROVISIONS

Exclusionary zones: Zones would apply to any offender with a sex offense against a minor. Offenders cannot visit schools, school buses, child care centers or public libraries without permission. They also are prohibited from loitering within 300 feet of schools or child care centers or loitering in places intended primarily for children when minors are present, including playgrounds, recreational areas, swimming pools and beaches.

Prohibited employment: People convicted of sex offenses against a minor could not work at city, county or state fairs, carnivals, children's arcades or amusement centers when minors are present. They also would be prohibited from working at playgrounds, beaches, minors' recreation or sport activity areas or public pools. All sex offenders could not work where dependent adults reside.

Residency restrictions: People convicted of first-, second- or third-degree sex abuse against a minor would be prohibited from living within 2,000 feet of a school or day care. However, the restriction would not apply in "statutory" cases of third-degree sex abuse when a sex act with a minor was consensual.

Who is required to register: Anyone convicted of a sexually violent offense or a sex offense against a minor more serious than a simple misdemeanor would be required to register. Those convicted of child pornography, incest, indecent exposure, or comparable offenses in another jurisdiction also would be included as well as those with sexually motivated offenses such as invasion of privacy or human trafficking for commercial sexual activity.

Registration requirements: Offenders would have to stay on the state's sex offender registry for 10 years for all sex offenses except aggravated offenses, which bring a lifetime registration requirement. The requirement would apply regardless of whether the offense occurred in Iowa or another state.


IL - Senger's sexual predator bill approved

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Just more illegal spying!

05/21/2009

A bill introduced by state Rep. Darlene Senger (R-Naperville) to make it easier for police departments to catch sexual predators targeting children has been approved in the House and Senate and now heads to the governor's office for approval.

When House Bill 1348 is signed into law, police departments will be able to secure recorded phone conversations of child sexual predators easier and faster than they can today. Currently, Illinois law enforcement officials must wait up to two weeks to obtain a signed overhear order from a judge.

"As a parent, I believe providing law enforcement with every possible tool to track down sexual predator before they reach our children is so important," Senger said in a press release. "I am confident that when this bill is signed into law, many more children will be saved from potential tragedies."

Senger worked with Rich Wistocki of the Naperville Police Department Computer Crimes Unit to craft the legislation. Wistocki, who works on the Internet Crimes Against Children Taskforce, deals with hundreds of child exploitation cases and said Illinois is one of 12 states that ties the hands of law enforcement on these cases due to its two-party consent statute.

According to Wistocki, sexual predators often seek children out through social networking Web sites like MySpace and Facebook where they can hide or fake their identity. Then, the predator seeks to call the child on a cell phone in order to arrange a meeting.

"This movement toward protecting children will be huge for Internet investigators and advocacy centers who are involved in conducting child exploitation cases throughout the state," Wistocki said in the release.

Senger also co-sponsored House Bill 1314 which makes it a Class 4 felony for a registered sex offender to access social networking Web sites.

This legislation was also approved by the Legislature and is awaiting the governor's signature.

"We cannot allow the Internet to be a playground for sexual predators," Senger said. "In today's day and age, it's crucial that we continue to adopt laws to keep up with emerging technology."


FCC’s Warrantless Household Searches Alarm Experts

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05/21/2009

By Ryan Singel

You may not know it, but if you have a wireless router, a cordless phone, remote car-door opener, baby monitor or cellphone in your house, the FCC claims the right to enter your home without a warrant at any time of the day or night in order to inspect it.

That’s the upshot of the rules the agency has followed for years to monitor licensed television and radio stations, and to crack down on pirate radio broadcasters. And the commission maintains the same policy applies to any licensed or unlicensed radio-frequency device.

“Anything using RF energy — we have the right to inspect it to make sure it is not causing interference,” says FCC spokesman David Fiske. That includes devices like Wi-Fi routers that use unlicensed spectrum, Fiske says.

The FCC claims it derives its warrantless search power from the Communications Act of 1934, though the constitutionality of the claim has gone untested in the courts. That’s largely because the FCC had little to do with average citizens for most of the last 75 years, when home transmitters were largely reserved to ham-radio operators and CB-radio aficionados. But in 2009, nearly every household in the United States has multiple devices that use radio waves and fall under the FCC’s purview, making the commission’s claimed authority ripe for a court challenge.

“It is a major stretch beyond case law to assert that authority with respect to a private home, which is at the heart of the Fourth Amendment’s protection against unreasonable search and seizure,” says Electronic Frontier Foundation lawyer Lee Tien. “When it is a private home and when you are talking about an over-powered Wi-Fi antenna — the idea they could just go in is honestly quite bizarre.”

George Washington University professor Orin Kerr, a constitutional law expert, also questions the legalilty of the policy.

“The Supreme Court has said that the government can’t make warrantless entries into homes for administrative inspections,” Kerr said via e-mail, refering to a 1967 Supreme Court ruling that housing inspectors needed warrants to force their way into private residences. The FCC’s online FAQ doesn’t explain how the agency gets around that ruling, Kerr adds.

The rules came to attention this month when an FCC agent investigating a pirate radio station in Boulder, Colorado, left a copy of a 2005 FCC inspection policy on the door of a residence hosting the unlicensed 100-watt transmitter. “Whether you operate an amateur station or any other radio device, your authorization from the Commission comes with the obligation to allow inspection,” the statement says.

The notice spooked those running “Boulder Free Radio,” who thought it was just tough talk intended to scare them into shutting down, according to one of the station’s leaders, who spoke to Wired.com on condition of anonymity. “This is an intimidation thing,” he said. “Most people aren’t that dedicated to the cause. I’m not going to let them into my house.”

But refusing the FCC admittance can carry a harsh financial penalty. In a 2007 case, a Corpus Christi, Texas, man got a visit from the FCC’s direction-finders after rebroadcasting an AM radio station through a CB radio in his home. An FCC agent tracked the signal to his house and asked to see the equipment; Donald Winton refused to let him in, but did turn off the radio. Winton was later fined $7,000 for refusing entry to the officer. The fine was reduced to $225 after he proved he had little income.

Administrative search powers are not rare, at least as directed against businesses — fire-safety, food and workplace-safety regulators generally don’t need warrants to enter a business. And despite the broad power, the FCC agents aren’t cops, says Fiske. “The only right they have is to inspect the equipment,” Fiske says. “If they want to seize, they have to work with the U.S. Attorney’s office.”

But if inspectors should notice evidence of unrelated criminal behavior — say, a marijuana plant or stolen property — a Supreme Court decision suggests the search can be used against the resident. In the 1987 case New York v. Burger, two police officers performed a warrantless, administrative search of one Joseph Burger’s automobile junkyard. When he couldn’t produce the proper paperwork, the officers searched the grounds and found stolen vehicles, which they used to prosecute him. The Supreme Court held the search to be legal.

In the meantime, pirate radio stations are adapting to the FCC’s warrantless search power by dividing up a station’s operations. For instance, Boulder Free Radio consists of an online radio station operated by DJs from a remote studio. Miles away, a small computer streams the online station and feeds it to the transmitter. Once the FCC comes and leaves a notice on the door, the transmitter is moved to another location before the agent returns.


PA - Police: Woman Had Sex With Boy, 13

View the article here

05/21/2009

Adult Neighbor Watched With Another Boy, Took Pic

LANSDALE - A woman in Lansdale is under arrest for allegedly having sex with a 13-year-old boy.

According to the criminal complaint, an adult neighbor and another young boy witnessed the alleged sex assault, Fox 29's Julie Kim reported.

_____, 26, has been charged with statutory sexual assault among other charges.

According to the criminal complaint, _____ propositioned the 13-year-old for sex in April, gave him peach Schnapps and had sex with the boy approximately four times during the course of the night.

The adult neighbor and the other boy had been helping _____ move out of her house and witnessed the acts. The neighbor had even snapped a picture with a cell phone but, according to the criminal complaint, _____ confronted that adult and deleted the image on the cell phone.

Still, the neighbor told police.

_____ was arrested Wednesday night and arraigned in district court.

Asked as she walked into court Thursday if she liked the boy a lot, _____ said, "No"

She told the judge she has been unemployed for years and has moved a lot.

Because the judge ruled that _____ is a flight risk, her bail was set at $25,000.


FEDERAL GOVN'T. TO REGULATE THE INTERNET & SOCIAL NETWORKING

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05/09/2009

By NWV News writer Jim Kouri
© NewsWithViews.com

Recently NewsWithViews.com dispatched a reporter to attend a press conference regarding new legislation proposed that will be used to regulate free speech and expression on the Internet.

Congress will soon debate a bill that could lead to regulating the Internet in the name of protecting the children.

Representative Linda Sanchez (D-CA) and 12 other lawmakers have signed onto a bill being considered by the House of Representatives' Judiciary Committee Congress which may seriously threaten the First Amendment rights of every American who uses the Internet, blogs online, uses Twitter, Facebook and other social media.

The bill (HR 1966) proposes up to two years in prison for those whose electronic speech is meant to “coerce, intimidate, harass, or cause substantial emotional distress to a person." Regardless of where you stand on the political spectrum the potential harm of this bill on our freedom of speech will be massive.

"What this bill is really designed to do is to go after and prosecute Bible believing Christians and those who speak out against homosexuality, gay marriage, and pro abortion advocates" said a NWV reader.

While some may argue it's farfetched, the proposed law as written may be used to stifle communication by citizens to their elected officials including the White House and the US Congress.

Sanchez, and the 14 other lawmakers who signed on to the proposal, are grandstanding to show the public they care about children and are opposed to cyberbullying, according to Wired Magazine's David Kravits.

The Megan Meier Cyberbullying Prevention Act was created to target the behavior that led to last year’s suicide of the 13-year-old Meier.

In response to Meier’s suicide, prosecutors turned to an anti-hacking statute, the Computer Fraud and Abuse Act, and prosecuted Lori Drew. She was accused of violating MySpace’s terms of service agreement in what prosecutors said was a complex conspiracy to harass Meier via a fake MySpace online profile.

A federal jury convicted Lori Drew of three misdemeanor charges of computer fraud, but rejected felony charges and was deadlocked on a conspiracy charge, according to the New York Times.

The defendant, a teenager herself, received probation and a fine which outraged many.As a result some lawmakers believed additional legislation is necessary to ensure future defendants will be more strenuously prosecuted.

According the the proposed legislation, the US Congress found that:

  1. Four out of five of United States children aged 2 to 17 live in a home where either they or their parents access the Internet.
  2. Youth who create Internet content and use social networking sites are more likely to be targets of cyberbullying.
  3. Electronic communications provide anonymity to the perpetrator and the potential for widespread public distribution, potentially making them severely dangerous and cruel to youth.
  4. Online victimizations are associated with emotional distress and other psychological problems, including depression.
  5. Cyberbullying can cause psychological harm, including depression; negatively impact academic performance, safety, and the well-being of children in school; force children to change schools; and in some cases lead to extreme violent behavior, including murder and suicide.
  6. Sixty percent of mental health professionals who responded to the Survey of Internet Mental Health Issues report having treated at least one patient with a problematic Internet experience in the previous five years; 54 percent of these clients were 18 years of age or younger.

Section 881(a) reads: "Whoever transmits in interstate or foreign commerce any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior, shall be fined under this title or imprisoned not more than two years, or both."

According to the Wired Magazine alert, Sanchez’s bill goes way beyond cyberbullying and "comes close to making it a federal offense to log onto the Internet or use the telephone."

The methods of communication where hostile speech is banned include e-mail, instant messaging, blogs, websites, telephones and text messages.

"We can’t say what we think of Sanchez’s proposal. Doing so would clearly get us two years in solitary confinement," wrote Wired Magazine's David Kravits


NY - Mother of 5 Charged With Rape

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05/20/2009

York - A mother of five is in Livingston County Jail after being arrested Tuesday evening for having sex with a teenage boy.

_____, 27, of York was charged with third-degree rape.

In a statement to Livingston County Sheriff's deputies, she admitted to having sex with the 16-year-old boy five or six times in March and April of this year.

She said she became close with the victim after he helped her with her children when her husband, an Iraqi War veteran, was out of town getting therapy for post-traumatic stress disorder.

Her three daughters are with her mother, and the two sons are at the family's apartment with their father.

On her behalf, the judge entered a "not guilty" plea for _____ when she was arraigned in York Town Court. She will remain in jail at least until her hearing set for Thursday, May 21 at 7 p.m.

A neighbor, identified as "Lori" said, "The message has to be sent out that something must happen when it comes to our children. He's 16, he's not an adult yet. She is. This never should have happened."


GERMANY - Teen is chaste by the taxman

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05/21/2009

THE teenage student who sold her virginity for £8,800 could have to hand over half of her earnings to the taxman.

German inland revenue investigators are studying reports that _____, 18, was paid in cash for a weekend of sex with a middle-aged Italian businessman after auctioning her virginity online.

Prostitution is legal in Germany — where _____ studies — but hookers are taxed at 50 per cent of their earnings.

The Romanian-born computer studies student is allowed to work in Germany for 90 days as long as she arrived on a student visa, even as a prostitute.

But because _____ earned so much in such a short time she may also be liable for a hefty VAT bill.

A German inland revenue spokesman said: "If we have hard figures then we can make an accurate assessment."

One German tax expert said: "By the time they've had half in income tax and some in VAT she'll be lucky to have a couple of thousand left for her effort."

German immigration officials are also checking _____'s visa status to see if she should even be working.

If she arrived in the country with just a tourist visa she could be deported for working without a permit.

_____, who studies in Mannheim, has told how she had unprotected sex with her 45-year-old bidder at a luxury Venetian hotel.

She said: "I liked the man and got on with him well. He didn't look 45, and he seemed much younger. We spoke in English as I can't speak Italian and he can't speak Romanian."

"He paid me a lot of compliments throughout the day, and he was very funny and charming. We got on very well, and I was pleased he'd won."

"We kissed, then undressed each other. I'd never done that before, so I was nervous. He laid me on the bed and started kissing my body, then we had sex. I was attracted to him, so I enjoyed it."

"We only had sex once, then fell asleep. Next morning, we had breakfast together like any other couple."

"He told me he'd like to see me again, and I agreed. I hope to see the man again - and next time I won't make him pay."


NY - Locals rally against Steve Levy's sex offender trailers

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05/21/2009

By MICHAEL WHITE

Toting signs that read "Share the Burden" and "Protect our Children," some 45 locals gathered at the Riverside traffic circle Friday to protest the county policy of housing homeless sex offenders in trailers in Riverside and Westhampton.

"It's not fair to be packing such a high percentage of the county's sex offenders in one area," said Kim Yazic of Riverhead, a mother of two, as she spoke over a steady stream of honking horns. "Sure, it's a difficult problem of what to do with these people, but the problem should be shared."

It was also learned Friday that the sex offender shelters -- trailers operated by the county's Department of Social Services -- reached capacity at points last week, forcing some sex offenders into motels in Suffolk.

County legislators Ed Romaine (R-Center Moriches) and Jay Schneiderman (I-Montauk), whose districts encompass the entire East End, speculated at the rally that the overflow offenders were sent to motels in the Riverhead area.

County officials said otherwise.

While they confirmed the trailer in Riverside reached its capacity of 18, and that the Westhampton trailer reached its capacity of eight, they said the other offenders were placed in motels in western Suffolk. They would not say exactly where.

"Periodically, the number of homeless sex offenders exceeds the capacity of the trailers used to house this population," said Roland Hampson, a social services spokesman. "When this occurs, individuals are provided a motel placement. These motels are outside of the Riverhead and Southampton area."

"No Level 3s are placed in motels," he said.

Level 3 offenders are deemed the most likely to re-offend.

When asked by e-mail how it was determined which motels are used to house offenders, Mr. Hampson replied, "We use motels that comply with the laws that restrict where sex offenders may live."

He said no offenders were staying at motels as of Monday night, though according to the New York State Sex Offender Registry, 27 Level 2 and Level 3 sex offenders called the trailers home, putting the trailers one person over.

"It is incumbent upon the sex offender to accurately report where they are staying," Mr. Hampson said.

County officials wouldn't comment directly on the protest.

Riverhead area residents have been angry with County Executive Steve Levy ever since a trailer for homeless sex offenders was unhitched in a parking lot outside the county jail in Riverside in mid-2007. At the time, Mr. Levy said that the trailer would be rotated throughout the county. He later reneged on that promise, citing the unavailability of land to house sex offenders due to state and local laws restricting where they may live.

Then, last September, as first reported in the Riverhead News-Review, the county quietly replaced the eight-person trailer in Riverside with one that could house as many as 18 sex offenders.

The larger trailer, though guarded at night by private security teams, sparked a renewed outrage.

Friday's protest at the Riverside traffic circle came about four months after a forum at Riverhead High School, which drew about 250 members of the public. At the forum, county officials and elected leaders fielded questions or expressed concern, but the policy has remained in place.

Thus, the need for Friday's protest, organizers said.

"We're here because we're wanting the sex offenders who do not live here to go where they live," said Laura Brewer of Flanders, whose husband, Mike, helped organize both January's forum and the protest. "We'll take the burden of the Flanders residents, but not upstate or up the island or anywhere else. We're not saying get rid of all of them, just the ones that don't live here."

Ms. Brewer was also joined at Friday's protest by her daughters, Ashley, 17, and Megan, 12.

Ashley said sex offenders from the trailer could be often found loitering at Riverhead Free Library.

"They hang out there," she said. "They stare at you. This one guy was like bald and stuff and he looked really creepy. The entire time he followed me around, even after I went downstairs. And you can look them up on the Internet and their pictures will pop up and stuff. So you know that they are [in the trailers]."

"God forbid something happens to one of my kids," Ms. Brewer interjected. "Then the county will do something."

Carl Iacone of Flanders, 76, doesn't have young children. Still, he said, he felt it was important to join the protesters Friday to fight for what is right.

"We're trying to make Steve Levy understand that what he did isn't fair," he said. "The trailers are just escalating more and more. What are they going to do next, put double-deckers? It's got to stop."

"This is something where something bad could happen," Mr. Iacone continued. "Why should we as a community have to suffer? Let's see if justice can prevail."


NY - How To Keep Kids Safe Online

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05/21/2009

By Andy Greenberg

Every parent worries about the power of the Internet to expose kids to online predators. Less often discussed: tech's power to expose kids to their own bad judgment.

Earlier this month, the National Campaign to Prevent Teen and Unplanned Pregnancy and Cosmogirl.com released a survey showing that two in five teens has sent sexually suggestive messages online. One in five has electronically sent or posted nude or semi-nude pictures or videos of themselves. And more than a third of teens in the survey say that those pictures tend to be shared beyond the intended recipient.

Teen exploitation online has long been a hot-button topic for tech-focused politics. Last year, popular teen social networks like MySpace and Facebook were the targets of investigations by several state attorneys generals seeking to purge sexual predators from the sites. MySpace responded by deleting the accounts of 29,000 users whose personal details match them with records of sex offenders, and Facebook is still undergoing a two-year investigation that will track incidents of pornography and sexual advances on the site.
- They also found the fear was unjustified and overblown, see here.

But Larry Magid, a board member of the Center for Missing and Exploited Children and the founder of Safekids.com and Connectsafely.org, argues that the focus on sexual predators on social networking sites is largely political grandstanding. Much less sensational, and far more common, he contends, are cases where kids simply post too much sensitive or compromising information about themselves online, leading to incidents of cyberbullying and embarrassment.

Social networking sites make an easy scapegoat, he says. But even e-mail can be a source of trouble if kids aren't careful. "Say a girl sends her boyfriend compromising photos. Two weeks later, he's no longer her boyfriend, and two weeks after that, he's angry at her and posts the photo online," Magid says. "That's not physically harmful, but it can be psychologically devastating to a young girl."

The answer, then, isn't to engage in witch hunts on MySpace and Facebook, says Magid, but to better educate kids about online privacy. On that front, says Adam Thierer of the Progress and Freedom Foundation, parents and schools aren't keeping up with the pace of technological culture. "We're doing a horrendous job in this country of educating our kid about how to behave online," he argues. "We give them so many messages about drinking, sex, even fatty foods. But when it comes to online safety, we throw them into the deep end of the pool."

Of course, the threat of sexual predators is real enough. Last year, 19-year-old Alicia Kozakiewicz testified to Congress' judiciary committee about her experience as a victim of kidnapping and sexual abuse after being deceived online. Six years earlier, she had arranged a meeting with a friend she'd met online, who described "herself" as a 12-year-old redhead. Instead, she found Scott Tyree, a middle-aged man who kidnapped her, imprisoned her and abused her physically and sexually for days before she was rescued by FBI agents.
- Why would you meet anyone you met online, when you are so young, in the first place?

"I discovered that the boogeyman is real, and that he lives on the Web," she told Congress at a judiciary committee hearing called to consider toughening online sexual predator laws.
- The boogeyman lives all around you, not just on the web.

But as nightmarish as Kozakiewicz story may be, it would be a mistake to focus only on these rare tragedies, says Magid. "I'm definitely not saying this didn't happen, and that it's not tragic. But we shouldn't take this case and make this seem like a common occurrence," Magid says. "This kind of thing is probably as rare as being molested by a member of Congress."

Instead of living in fear of Internet boogeymen, Magid and Thierer offer a few simple tips for filling the education gap surrounding online privacy. Most importantly, they say, talk to your kids about what should and shouldn't be publicly posted on the Internet. Be sure they understand that personal details like addresses and phone numbers, as well as private photos, should stay offline.

Also, consider placing any computers in the house in a "public" place, like the family room or living room, rather than a child's bedroom. This tactic doesn't just let parents keep Web browsing safe and open, it also helps parents limit the time kids spend online and encourages offline activities like sports or socializing.

One tool Magid advises parents to use with caution, however, is Web filtering software like Net Nanny or Cybersitter, which block objectionable content online. For teens, he says, such software inspires resentment and only leads to kids looking for other sources of Internet access, like a friend's computer. As cellphones become smarter, they may also offer kids a surreptitious avenue to the Web.

For younger kids, an easier way to keep Web surfing safe may be an emerging group of social networking sites aimed at preteens. Disney's Club Penguin is a social network and virtual world for kids ages 6 to 14. On settings aimed at its youngest demographic, the game only allows players to communicate using pre-set phrases, making obscenities or other inappropriate content impossible. Even on its settings for older users, the site employs teams of moderators to identify and ban any user spouting less-than-innocent language.

Another site that mimics MySpace for young teens and 'tweens is Imbee.com. Imbee's late creator, Jeanette Symons, who passed away in February, told Forbes.com last year that the site is designed to bring real-world friendships onto the Web, not vice versa. Only a child's direct friends can view his or her profile, and parents are alerted whenever a new friend is added.

"Younger kids are seeing what older kids are doing with MySpace and Facebook, and of course, they want to mimic it. The problem is that they don't have the concepts yet to be able to realistically protect themselves," she told Forbes.com. "Imbee gives them social networking without the risks."

Symons created the site about two years ago, after her 6-year-old daughter demanded she be allowed to join MySpace. Symons wisely refused that request, and instead built her own social network, hosted on a server in her closet. Soon, neighborhood kids had joined, and today, the site has more than 50,000 registered accounts.

Echoing Larry Magid, Symons believed that the rare threat of sexual predators had, in some ways, obscured the more common problem of kids' indiscreetly publishing personal information on the Web.

"I don't realistically think that predators are much worse online than they are in real life," Symons says. "The thing I worry about is that whatever kids publish today can stick with them for the rest of their lives. Once you publish on the Internet, it's there for all to see."


NM - Woman arrested in boy's death

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This is not sex offender related, and she is innocent until proven guilty, but I wanted to post this here, incase she is found guilty, to show that women can commit horrible crimes as well.

05/21/2009

ALBUQUERQUE - Police say the mother of 3-year-old boy found buried at playground confessed to suffocating him.

Albuquerque Police Chief Ray Schultz says 23-year-old Tiffany Toribio was arrested early Thursday.

Schultz says the woman told officers she had taken her son, Ty Toribio, to Alvarado Park, where she placed her hand over his nose and mouth and suffocated him.

The boy's body was found Friday.

Police two days ago released a photograph-like image of the child. Schultz had said the picture would be pivotal to resolving the case, and said Thursday that's what happened.

An obviously emotional chief says Toribio was arrested after police received a call late Wednesday telling them she had left a home and was walking to the main police station to turn herself in.


TX - Absconding, just like predicted, and I'm sure it will continue to grow as well.

This was all predicted by the experts. But, nobody listens to the experts. Well, maybe they will listen now, and fix the draconian, unconstitutional laws. When you make it impossible to keep a job or home, find a job or home, and ultimately become homeless, what do you expect?