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The Internet Government The Courts News

New Jersey Bars Sex Offenders From the Internet 435

eldavojohn writes "New Jersey just passed legislation making it illegal for sex offenders to use the internet. NJ congresswoman Linda D. Greenstein said, 'When Megan's Law was enacted, few could envision a day when a sex offender hiding behind a fake screen name would be a mouse-click away from new and unwitting victims. Sex offenders cannot be given an opportunity to abuse the anonymity the Internet can provide as a means of opening a door to countless new potential victims.' While they still can search for jobs, this is a major expansion over the prior legislation which barred them from social networking sites like facebook or myspace."
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New Jersey Bars Sex Offenders From the Internet

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  • RTFA: (Score:2, Interesting)

    by daedalusblond ( 1037302 ) on Saturday December 29, 2007 @08:41AM (#21847736)

    The bill applies to anyone who used a computer to help commit the original sex crime.

    This seems to make slightly more sense than how the summary portrays it. If they were convicted of molesting someone through myspace et al, why not take their weapon away from them? On the otherhand, if you didn't know she was underage at that party, from the sounds of things you should still be able to read slashdot.

    Can slashdot comments have one of those EULA style things that pops up and asks you to check that you've RTFA'd?

    Or maybe some kind of captcha that makes you answer questions about TFA? :P

  • Mod Parent Up (Score:1, Interesting)

    by Anonymous Coward on Saturday December 29, 2007 @08:46AM (#21847758)
    That is the worst part of this law. Not the unconstitutionality, or the fact that its unenforceable. How can you expect a person to re-enter society these days without the internet? I have an uncle who is finishing up a 8 year term in prison on a sexual charge... yeah he did something sick and stupid... but hes also been a geek his whole life, and I was looking forward to showing him all of the tech that came out in the past 8 years, and all the websites he should check out on a daily basis (this being one of them).

    Seriously, you're telling me this man can't use the internet? This guy who will have FINISHED his debt to society and is square with the house, who spent 20 years before his imprisonment fiddling with breadboards, he can't check out slashdot? You already banned him from facebook and myspace, that wasn't enough?

    P.S. We both live in NJ, and I vote here. I also don't agree with Megan's law. You fuck up the lives of THOUSANDS of people re-entering society, who have paid their debt, and you save, what, TWO lives a year?

    See, maybe I think a little differently from the mainstream, but not everything these days should be saving lives. Kids don't have any fun toys any more cause a few kids eat things they shouldn't and die. Great, you save a couple lives, and the rest suffer. I say let a few die and let the millions of others have decent toys.
  • by hherb ( 229558 ) <horst AT dorrigomedical DOT com> on Saturday December 29, 2007 @08:55AM (#21847782) Homepage
    In my practice I see a variety of patients who have been convicted for sex offences - ranging from predatory paedophiles to people who made a simple bona fide mistake. The former are people who suffer from a mental illness - they need treatment and not punishment, and should not be released onto society before there is evidence that the treatment actually works. The latter usually get punished way beyond their "crime" and really should be entitled to living a normal life after serving their sentence.

    I practice in Australia - another country of puritan heritage, but fortunately not as openly hostile towards sex as the US, and courts here tend to be less "Mickey Mouse" style. Nevertheless, one of my patients fell for a 15yo prostitute and had non-penetrative sex with her, one single time. Independent witnesses all reported they would have taken her for at least 18 if not older. The "perpetrator" had no prior offence and the circumstances were such that he was not actively seeking such connection but it happened spontaneously when she was allegedly actively seeking such relation

    For that the man got 5 years of which he served 3. Since he was announced as a paedophile to his inmates when he was jailed, they scalded him badly with boiling water and beat him up badly before they had opportunity of learning the whole story. When he was released, he moved to my town. He is a religious man who confided into a local priest who had nothing better to do than walk from door to door and warn people about the dangerous paedophile who moved into town. A really nasty witch hunt started against him where even otherwise nice and educated people blindly joined in. Is this just? Will it improve anything? Will this protect any children?

    The legislation mentioned in this article which deprives so called "sex offenders" regardless of their background of essential human rights is obscene, and the people producing such legislation either ignorant or criminal.
  • Re:WTF? (Score:5, Interesting)

    by Astralmind ( 120317 ) on Saturday December 29, 2007 @09:00AM (#21847800)
    This one makes for an interesting turn of events.

    FTFA:

    Salt Lake City - Utah Supreme Court justices acknowledged Tuesday that they were struggling to wrap their minds around the concept that a 13-year-old girl could be both an offender and a victim for the same act - in this case, having consensual sex with her 12-year-old boyfriend.

    http://www.denverpost.com/ci_4783650 [denverpost.com]
  • Re:WTF? (Score:2, Interesting)

    by uffe_nordholm ( 1187961 ) on Saturday December 29, 2007 @09:13AM (#21847866)
    While I agree with you that no-one has been raped, beaten or caught an STD on internet, there is a more important question: has the offender used internet in his/her search for a victim? My reasoning behind the question is that I see very little (none, actually) reason to bar a typical rapist from using internet, since it isn't used to prepare for the crime. He (for it is usually a man) is out in town, gets drunk and assaults a woman on his way home. Though the crime is despicable, I don't see this idiot using internet to prepare for the crime. Not even for cleaning up what traces he might have left on the crime scene. The other typical picture of a sex offender is the husband who rapes his wife. Yet again, what is internet doing to aggravate the crime? Or help in its perpetration? Or help keep the police from finding the criminal? For the sex offender who uses internet as a tool for finding victims I can see a need to forbid this individual from using internet. But at the same time I think the ban should be time-limited. The reason is that people change over time, and everybody does deserve a second chance. Even third and fourth... Only while an offender is in prison do I really believe they should be banned from using internet, and even then only if internet was used to prepare/plan/execute/conceal the crime, or if this ban is placed on all inmates. If a sex offender is such a threat to society as a whole that they merit being banned from using internet, then I claim they should be treated (for whatever condition they have, with whatever treatments are available) in a facility according to their needs. And, if those are the needs, then this facility should be locked, and the offender not let out until experts are certain he/she is not a threat to society.
  • Re:WTF? (Score:3, Interesting)

    by Jugalator ( 259273 ) on Saturday December 29, 2007 @10:25AM (#21848262) Journal
    It's especially out of hand when considering what a "sex offense" actually is.

    It can be things like:
    - Urinating in public
    - Indecent exposure
    - Unlawful detention
    - Voyeurism

    There's been reports telling that there's not a majority here who're doing sex offenses against children, but rather these minor crimes. Earlier it was no big deal if someone mooned others for a short moment from a car while being drunk, or urinating in public for that matter after having a few too many beers. Or if you took a chance and peeked at a hot neighbor when he/she was walking nude at home. All pretty innocent stuff to me that doesn't scar any "victim" for life either. Now these things risks you being placed in a public sex offender registry for life (searchable by anyone -- especially those who assume everyone there are paedophiles and want to hurt the people in there physically) and have your Internet access right withdrawn (??).
  • by Anonymous Coward on Saturday December 29, 2007 @10:37AM (#21848346)
    One of my friends, actually my best friend, is going to jail for 5 years for "2nd & 3rd degree assault of a minor". Apparently, you can get jailed for that for accidentally distributing CP.

    How do you accidentally distribute CP, you ask? That's pretty easy. You don't know shit about computer security and you get your computer infected with something that makes you part of a botnet used for storing 'questionable content'.

    My bro had the bad luck of discovering a whole series of zip files he didn't know anything about on his computer. He posts one to try to figure out what this shit is on his computer and how it got there. Boom, he has just distributed CP. This means he goes directly to jail, does not pass go, and DOES collect an unnerving sounding criminal record that will stay with him for a long time.
  • Re:WTF? (Score:5, Interesting)

    by spiritraveller ( 641174 ) on Saturday December 29, 2007 @11:45AM (#21848856)

    There's even a report of a girl getting the sex offender label for having sex with a younger boyfriend.
    You mean this one [creativeloafing.com]?

    "A 26-year-old college student on federal disability, Whitaker doesn't fit most people's image of a sex offender. But, because of an ill-considered 10th-grade blowjob -- resulting in her conviction for an act that's no longer crime in Georgia -- she has spent nearly a decade on Georgia's sex-offender registry."

    The sex offender registry laws are an absurdity. It's essentially a life sentence that applies to a huge swath of activity that we deem "deviant", not just child molesters.

    In Georgia, the laws are so badly written, that no lawyer can really tell you what's required of an offender.

    For example, I had a homeless client (registered sex offender) charged with failure to update his address after he had "moved". But the law says "homeless does not constitute an address." So does that mean that there is no address change and that he has committed no crime? (the position we took) Or does it mean that it's illegal to be homeless?

    The court saw that ours was a plausible interpretation of the statute and dismissed the case. But the opinion of most lawyers in this state is that the sex offender law makes it illegal for a registered sex offender to be homeless.
  • by A beautiful mind ( 821714 ) on Saturday December 29, 2007 @12:02PM (#21848982)
    Over the christmas holiday I had time to read quite a lot.

    I've read two books: one from Greg Palast - "Armed Madhouse" and one from Anna Politkovskaya - "Putin's Russia".

    People who are saying the USA is getting similar to the old Soviet Union are wrong, the situation is much much worse in Russia (they did slide back to Soviet times). This fact however, doesn't make the USA a good place. It is simply the case of comparing a bad place and a really bad place.

    The USA is not going to be Stalin's Russia or Hitler's Germany. It is heading towards a different direction, however not a good one.

    I would not say that the USA is a democracy (it is supposed to be one). In effect, there isn't an informed, educated public in the USA. This is due to distorted media ownership (which makes the press in the USA de facto NOT free), lack of education and overly religious people. Without information, people cannot vote according to their best interests. Due to religion, people forget what the main issues are. The corporate extremism that is present in the USA has a few fascist tones. Deregulation of monopolies is a really telling case. The two party system, where one is downright malicious and the other is so loosely coupled to not be a coherent whole and spends time infighting or doing nothing. To sum it up: unchecked corporate power, ignoring the US constitution and international treaties, unstable party system and media, leglislative chaos, xenophobic/imperialistic foreign policy, scaremongering with terrorism and using it as a tool to institute fascist policies. These are the main things that I think are wrong with the USA these days, and these are the reasons why I'm avoiding that country.

    I would be scared if I were a citizen of the USA, given that the last two elections were rigged in favor of a certain party and the other party did nothing about the election anomalies. When I say rigged, I mean that in the last presidential election around 3 million votes were removed through racial or geographical profiling. Very convenient.
  • by crackspackle ( 759472 ) on Saturday December 29, 2007 @01:30PM (#21849558)
    Unenforceable in what sense ? I doubt the purpose of this law is to keep sexual predators off the Internet but more to give DA's and cops leverage to lock people up when they are suspect in a possible crime, or even more simply that their neighbors don't like them. Not that I agree at all with this, but it seems to me the point.
  • Re:WTF? (Score:5, Interesting)

    by dougmc ( 70836 ) <dougmc+slashdot@frenzied.us> on Saturday December 29, 2007 @01:46PM (#21849674) Homepage

    Those who want to be soft on sex offenders are most likely not parents, and most definitely not parents of a child who has been abused.
    Wow, watch those strawmen fly!


    I'm a parent, and I'm guessing that under your worldview, I want to be `soft on sex offenders'. But I don't see it that way -- instead, I want the punishment to fit the crime. If you're 17 and have sex with your 15 year old girlfriend, you should be grounded for a week, perhaps have your cell phone taken away. Peeing on the side of a building? $50 fine. Rape a 3 year old girl to within an inch of her life? Life in prison, perhaps even the death penalty.

    `Sex offender registration' is a huge crock. All it really does is let us take some people, found guilty of certain offenses, and make them pariahs for life. I imagine the original premise was to protect society from these dangerous predators, but in many cases they're not predators at all! And why only sex crimes? I'd be FAR more concerned if the guy next door killed his neighbor in a fight 10 years ago than if he got caught diddling the 16 year old girl next door when he was 19 -- but guess which one has to register?

    I might be better able to support registration as either further punishment or to protect society if it applied to all crimes of a certain level, not just `sex crimes'. But even then I can't really support it -- when you've paid your debt to society, that should be the end of it. And if you're too dangerous to be let out, then you shouldn't be let out -- the sex offender registry should not be a `last ditch' sort of thing.

    And what good does the sex offender registry do? Sure, it gives people a list of names of people to harass, to run out of town, to lynch, to kill. And you can tell your kids to avoid these houses, but what good does that really do? Has anybody ever shown that knowing where the sex offenders in town were led to children (we're worried about protecting the children, right?) who were less likely to be the victims of crime (or sex crimes, if you want to be more specific?)

    And the whole banning them from the Internet thing, even worse ...

  • by NormalVisual ( 565491 ) on Saturday December 29, 2007 @01:47PM (#21849676)
    But the death penalty seems to have zero preventative value and only makes the people advocating it look pretty incompetent (and amoral).

    I disagree - those murderers put to death are *guaranteed* not to hurt anyone else ever again, in prison or society. As regards preventative value, I'll defer to those who have studied it in detail, but for the individuals put to death, it's most definitely effective at preventing recidivism.

    I allways marvel at those chritians that seem to not understand "Thou shalt not kill". There is not proviso for punishment or self-defense in there.

    Please see Exodus 21:12-14, Leviticus 24:17 and 21, Leviticus 20:10, Deuteronomy 22:22-24, etc. for some of the non-existent provisos. Whether one agrees with them or not is a separate issue, but the commandment clearly was not intended to be an absolute prohibition against killing in all circumstances.
  • Re:WTF? (Score:4, Interesting)

    by Original Replica ( 908688 ) on Saturday December 29, 2007 @02:04PM (#21849800) Journal
    It would be interesting to compare the punishments of male and female child molesters.

    Your wording there just highlighted on of the prime problems with our current "sex offender" laws,definitions, and perceptions. The is a huge world of difference between a child molester (has physical sexual contact with a child that has not yet reached puberty) and Ephebophilia (sexual attraction to adolescents). There is an even greater difference between actual child molesters and someone who streaks a football game [wordpress.com], and is seen by minors. Or a minor who takes naked pictures of themselves [news.com]. Or how about failing to have a good pop-up blocker [wired.com].

    I'm all for stopping the who will lure or grab a child off a playground, but why is this the one class of criminals that has to "register" for a lifetime of rejection and fear [freerepublic.com]. Why don't drunk drivers have to register and why are they allowed near bars again? Why don't those convicted of libel have to identify themselves as such when posting online? If someone rapes a child perhaps they should be locked away for life, but if a lesser crime doesn't call for lifetime incarceration, then it shouldn't call for lifetime tracking.
  • by QCompson ( 675963 ) on Saturday December 29, 2007 @03:39PM (#21850558)

    You are wrong, incredibly wrong.
    Let's not be so certain. There are many acts of violence which would be extraordinarily traumatizing: having your eyes gouged out, your fingers systematically broken, or your only child beaten to death in front of your eyes, are a few examples. Part of the problem with psychological trauma from rape or sexual abuse is that everyone tells the victim they are irreparably broken, that they can never be truly healed, et cetera.

    Now imagine that it wasn't a broomstick and that you have to take HIV tests for a couple of years and can't have a normal sex life with your significant other.
    Imagine that you can't get out of your car in a parking lot without getting the chills and being terribly frightened? Imagine if you can't sleep at night because you were dreadfully afraid someone might break in and assault you? A tremendous amount of emphasis is placed on sexual crimes in our culture; many insist that victims of sexual abuse are just as damaged as those that are killed, if not worse.

    You may very well be right, and sexual trauma may be more intense by a degree, but you also have to keep in mind the irrational societal stigma attached to anything sexual.
  • Re:WTF? (Score:2, Interesting)

    by Goghit ( 1120161 ) on Saturday December 29, 2007 @04:20PM (#21850898)

    The idea of banning him completely from the internet, in my mind, is ridiculous. Not only would this have the potential to effectively prohibit him from working in an office environment, but as the internet becomes more and more integrated into our daily lives, it will become the punishment that continues to keep on punishing. Every year that goes by, his life gets harder.
    Interesting point. The effect would be similar to some of the side effects of judicial amputations practiced in some countries. These are often countries that have a tradition of people sharing meals from communal dishes. In these places one eats with the right hand only, reserving the left hand for wiping one's arse. Losing the right hand means you are excluded from important communal activities, remaining a social pariah long after the widget you stole is forgotten.

Suggest you just sit there and wait till life gets easier.

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