The News of the World is Not All Bad

Category Archives: legislation

The News of the World is Not All Bad


Like the rest of the world I was appalled at the recent revelations about the phone hacking and illegal wiretapping scandals that have caused Great Britain’s News of the World (NOTW) to shut its doors. Members of senior staff have been arrested for criminal conspiracy and corruption charges. Allegations of bribing police officials, anti-competitive practices, computer and phone hacking among other charges have been leveled at News Corporation and its iconic Chairman Rupert Murdoch. Cell phone messages from celebrities, politicians, and members of the royal family were illegally accessed, creating an atmosphere of fear and intimidation. However, the incident that really made my skin crawl was learning that thirteen-year-old kidnap and murder victim Milly Dowler’s cell phone account was manipulated by NOTW operatives leading her family and the police to believe that she was still alive. However, it is the NOTW response to another missing child case that I would like revisit.

On July 1, 2000, eight-year-old Sarah Payne disappeared from West Sussex, England. Seventeen days later Sarah’s remains were recovered from a cornfield about fifteen miles away in Pulborough. Convinced that their daughter had been the victim of a sex predator, Sarah’s parents Sara and Michael demanded changes that would be more protective of Great Britain’s children. The Payne’s then joined forces with leading tabloid newspaper News of the World to campaign for life-prison terms for child killers and public access to identifying information on Great Britain’s 110,000 registered sex offenders. The campaign became known as Sarah’s Law.

Utilizing its formidable resources and with broad public support, the newspaper launched a petition drive demanding public access to and longer sentences for convicted sex offenders. The NOTW then published the photographs and addresses of 50 known sex offenders. This action ignited vigilante reprisals despite appeals against violence.

Because of our work to legislate sex offender registration and community notification (Megan’s Law) in the United States, the NOTW contacted KlaasKids and invited us to Great Britain to help advocate on behalf of Sarah’s Law, and counter scathing governmental and conservative media condemnation. During a July, 2000 meeting with British Home Office Junior Secretary Paul Boateng, I was told that the government intervened and warned unsuspecting women only when incarcerated sex offenders place lonely heart ads trolling for single mothers of young children. However, the minister then condemned the NOTW ‘name and shame’ campaign. He stated that community notification was not an option because the government believed that ‘outing’ sex offenders would drive them underground, and that disclosing their addresses would promote vigilantism. I told the Secretary that suggesting that community notification will drive registered sex offenders underground belies the real problem. The offenders are already underground and community notification is a remedy, not a symptom.

The American example of Megan’s Law demonstrated that punitive penalties for failing to comply with the terms of sex offender registration did not force offenders underground: instead, they promoted compliance. Numerous studies also indicated that imposing prison penalty enhancement for individuals who misuse sex offender registration information to exact vigilante justice were effective as very few registered sex offenders had been publicly threatened.

On September 12, 2000 Sara and Michael Payne delivered 700,000 petition signatures to the British Home Office. On September 25, Violet and I returned to Great Britain to join Sara and Michael Payne in addressing the annual Labor Party convention. It was our fervent hope that the British Government, which now stood alone in opposition, would acknowledge the will of the people and replicate America’s bold and successful experiment with community notification.

Unfortunately, it was not to be so. In December 2001, recidivist sex offender Roy Whiting was convicted of murdering Sarah Payne and sentenced to 50-years in prison. In the end it took a more than decade to convince the government and the authorities that Sarah’s Law was sound policy. In April 2011, that the Home Office finally announced that Sarah’s Law would be implemented. Like Megan Kanka’s mother before her, Sara Payne’s belief that her daughter would be alive had she known that a sexual predator lived in her community forced a change in national policy. Now, parents can access information on registered sex offenders in their neighborhood and use the information to protect their children.

During our work on behalf of Sarah’s Law we befriended NOTW editor Rebekah Brooks and her successor Andy Coulson, both of whom now face serious criminal charges. They helped a grieving mother achieve her dream of protecting children through legislative change. Their benevolence seemed genuine as they asked for nothing in return. We were proud of our work on behalf of Sarah’s Law and grateful for the experience, as grueling as it ultimately became.

However,a few months ago it was revealed that the NOTW had also hacked into Sara Payne’s cell phone account. That, in turn, leads me to wonder if they did the same to me after insisting that I use one of their cell phones during our visits across the pond?

The CASE Act: Coming to a Ballot Near You!

Because the California State Legislature just doesn’t get it, a new, powerful initiative is being prepared for the November 2012 California general election ballot. The Californians Against Sexual Exploitation (CASE) Act will strengthen penalties against human trafficking and update Megan’s Law for the 21stCentury. I am calling on the good citizens of California to support the CASE Act. Californians are very clear about where they stand on criminal justice and victims rights issues and the CASE Act is yet another opportunity to make good policy.

In 1994, the Three Strikes and You’re Out ballot initiative (Proposition 184) passed overwhelmingly because the law abiding citizens of California were sick and tired of coddling career criminals. The result was a dramatic reduction in crime. Efforts by professional politicians to weaken the Three Strikes law have failed miserably. Jessica’s Law (Prop. 83) passed by a similar margin in 2006, because Californians wanted greater monitoring of sex offenders and harsher prison sentences for child molesters.

Californians also enjoy some of the most expansive and forward thinking victim’s rights in the USA because of voter demands. In 1982, California voters passed the country’s first Victims Bill of Rights (Prop. 8) that, among other things, granted crime victims the right to be notified of, to attend, and to state their views at, sentencing and parole hearings. Marsy’s Law (Prop. 9), which was passed by voter initiative in 2008 expanded upon those rights by adding new protections and safeguards for victims of violent crime.

Two overlooked areas of concern addressed by the CASE Act are human trafficking and online predation. The CASE Act will increase prison terms for human traffickers and increase fines for human traffickers up to $1.5M to fund victim services. It will remove the need to prove force to prosecute sex trafficking of a minor as well as mandate human trafficking training for law enforcement. Sex traffickers will be required to register as sex offenders, and all sex offenders will be required to disclose internet accounts and identifiers. Finally the CASE Act will prohibit the use of sexual history to impeach or prove criminal liability of trafficked victims.

According to the Trafficking in Victims Protection Act, which was signed into law by President George Bush in 2000, human sex trafficking occurs when, “a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.” Between 1.6 and 2.8 million children run away annually in the U.S., half of which are girls. Within 48 hours of hitting the streets, one third of these children are lured or recruited into the underground world of prostitution or pornography. The average age at which girls first become victims of prostitution is 12-14. For boys, the entry age is 11-13. These harrowing statistics provide broad justification for the CASE Act, because to turn our backs on the tens of thousands of children being trafficked in California is simply another form of victimization.

Sex offender registration and community notification, otherwise known as Megan’sLaw was adopted by all 50-states in the late 90’s. Megan’s Law is based on the premise that convicted sex offenders pose a threat to society and that the public deserves to know when they are in the community. When Megan’s Law was enacted the Internet was not the ubiquitous presence that it is today. The CASE Act requires registered sex offenders to provide Internet email addresses, social networking profiles and other online identifiers so that social networking sites can scour relevant profiles from their online communities. The concept of convicted sex offenders including their Internet identifiers as a component of the sex offender registration process was successfully legislated in New York in 2008 and has thus far been responsible for removing more than 24,000 sex offender profiles from social networking sites.

I have joined CASE Act authors California Against Slavery and the Safer California Foundation to get this important measure on California’s 2012 general election ballot. We know that in the United States predators are fulfilling their voracious appetite for underage prostitution with at-risk American teen aged children. This is a stain on our society. We also know that we can stop sexual predators from using the Internet to prey on innocent children by closing the Internet loophole of anonymity via this administrative procedure. Since the California State Legislature is unwilling to take these reasonable steps to create safe streets it is left to citizens like you and I to take control of our own future.
Do you want to help make the CASE Act a reality?  If you live in California you can lead a group of volunteers in your community by helping to gather the 750,000 signatures required to qualify the CASE Act for the 2012 ballot. You can also host a house party to raise awareness and raise funds; or create and conduct your own fundraising event. If you run a nonprofit agency or are sworn member of a law enforcement agency you can endorse this important and groundbreaking initiative. Act now to get in on an effort to create a safer and better California by actively supporting the CASE Act.

DOA: Megan’s Law for the 21st Century


John Gardner, the registered sex offender now serving a life sentence for killing Chelsea King and Amber Dubois, last logged into his MySpace account on Feb.24, 2010, the day before he murdered Chelsea King. An email account linked to Gardner’s profile was registered with MySpace; however the social networking website did not know who he was or what he had done, so they were unable to implement their zero tolerance policy toward registered sex offenders. This is because Megan’s Law does not require California’s 123,821 registered sex offenders to submit email addresses or other forms of Internet identification.
Megan’s Law is based on the premise that convicted sex offenders pose a threat to society and that the public deserves to know when they are in the community. Since Megan’s Law was signed into law and implemented in 1996, all 50-states have registered individuals convicted of felony sex crimes. Law enforcement collects personal, private and identifying information from the registered offenders. They then release some of that information to the public so that we can use it to protect ourselves from known threats in our neighborhoods. Law enforcement maintains all of the information collected from registered sex offenders in secure databases so that it can be used for investigative purposes.
This system served society well until communities expanded beyond our streets and neighborhoods to include Internet based social networking sites. Until social networking websites like Facebook and MySpace have an effective mechanism to monitor registered sex offenders they will continue to exploit the Internet’s anonymity and troll for victims in online communities.

California Senate Bill 57 (SB-57) would have updated Megan’s Law by requiring registered sex offenders to provide law enforcement with their email addresses and other Internet identifiers. Social networking websites would then be able to use that information to monitor or scrub registered sex offender profiles from their online communities.

SB-57 is based on legislation passed in New York in 2008. The Electronic Securing and Targeting of Online Predators Act (e-STOP), which was sponsored by New York Governor, then Attorney General Andrew Cuomo, has thus far successfully removed more than 24,000 social networking profiles belonging to registered sex offenders. SB 57 is also consistent with the federal KIDS Act of 2008, which requires sex offenders to provide email addresses as part of the state regulations.

Unfortunately, this important legislation was placed on the suspense file in the Assembly Committee on Appropriations where it died. The official reason that SB-57 was placed on suspense is that it was thought to be too costly for California to administer. However, in reality SB-57 only required a new form field to be entered onto an existing database. And, compared to the millions of children who would have been protected from the lurid advances of Internet predators like John Gardner who use social networking sites, minor administrative costs are inconsequential.

As has been demonstrated so many times in the past few years, government has failed us yet again. The fate of SB-57 was in the hands of Assembly Committee on Appropriations Chairman Felipe Fuentes (D-San Fernando Valley). Chairman Fuentes had the power to remove SB-57 from the suspense file and put it to the committee for a vote, where it surely would have passed, yet he failed to do so.

We have lost our opportunity to drag Megan’s Law into the 21st Century. Instead children who use social networking sites remain at risk of being victimized by known sexual predators. Our elected leaders have made a stark choice. The safety of California’s children is not a priority.

California Sex Offenders Have a Friend In Sacramento: His Name is Tom Ammiano

On April 26, the California Assembly Public Safety Committee was positioned to do something quietly wonderful for California’s children. Instead they sent a loud and clear message that they are more concerned with the rights of California’s registered sex offenders than they are about the safety of California’s nearly 10-million  children.
Assembly Bill 755 (AB 755) would have created California’s Electronic Security and Targeting of Online Predators Act, or CAL E-STOP, which would require sex offenders to register any internet service provider to the California Department of Justice. The Department would then provide this information upon request to third-parties, to allow them to restrict or remove sex offenders from their services.
Sex offender registration laws are necessary because: sex offenders pose a high risk of re-offending after release from custody; protecting the public from sex offenders is a primary governmental interest; the privacy interests of persons convicted of sex offenses are less important than the government’s interest in public safety; and the release of certain information about sex offenders to public agencies and the general public will assist in protecting the public safety.
Megan’s Law built a community notification component into already mandated sex offender registration laws. It is named after 7-year-old Megan Kanka who was kidnapped from her front yard, raped and brutally murdered by a recidivist sex offending neighbor in 1994.
Community notification assists law enforcement in investigations; establishes legal grounds to hold known offenders; deters sex offenders from committing new offenses; and offers citizens information they can use to protect children from victimization.
In California convicted sex offenders are required to register annually with local law enforcement. As part of the process they are required to reveal certain personal and identifying information. Internet identifiers such as email addresses and IM handles are not required simply because the Internet was not a factor in the mid-90’s when sex offender registration and community notification laws were written. CAL E-STOP would have dragged Megan’s Law into the 21st Century by adding a new form field to the Megan’s Law registration form that will compel them to provide Internet identifiers, so that that information can be used to protect children from victimization and exploitation.
Support for CAL E-STOP was as impressive as it was expansive. California law enforcement associations, victim’s rights groups, and child advocacy organizations among others stood solidly behind the proposed legislation. Facebook, which had never before taken a stand, publicly favored CAL E-STOP because they want to provide a safe environment for their vast community. We even had a letter from New York Governor Andrew Cuomo’s Chief of Staff endorsing the intent of CAL E-STOP, which was modeled after a law in New York that has successfully removed more than 11,000 registered sex offenders from Facebook and MySpace since 2009.

Opposition included: Legal Services for Prisoners with Children; California Coalition for Women Prisoners; California Attorneys for Criminal Justice, and the ACLU.

With their 4 – 3 vote against CAL E-STOP, the California Public Safety Committee has failed to close the door on tens of thousands of registered sex offenders and sexual predators who will use social networking sites to prey on California’s children. We now know that they have blood on their hands. What we don’t know is just how much.

Assembly Bill 755: Online Safety Legislation in California

In her continuing efforts to protect children from sexual predators online, Assemblymember Cathleen Galgiani, in conjunction with the KlaasKids Foundation for Children and former Facebook Chief Privacy Officer Chris Kelly, introduced on Friday Assembly Bill 755 (AB 755), the California’s Electronic Securing and Targeting of Online Predators Act (E-STOP) legislation.

AB 755 will require convicted sex offenders to register their email addresses and online identifiers and service providers with the California Department of Justice. That information is then made available to social networking sites, such as MySpace and Facebook to assist them in removing sexual predators from their sites.

“I understand that MySpace and Facebook have long had policies banning sex offenders on their websites and they have routinely used state registries in the past to block thousands of convicts from joining.” stated Galgiani, “AB 755 will help with this labor-intensive process for social networking sites. I look forward to working with KlaasKids and Mr. Kelly on this important child protection legislation.”

“As a leader in child safety legislation, the KlaasKids Foundation realizes that few safeguards exist to protect children who use the Internet.” said Marc Klaas in a statement on Friday, “That is why we are proud to serve as a Sponsor of this bill authored by Assemblymember Cathleen Galgiani that provides protection to California’s children who use Social Networking websites. By bringing a framework to California that has proven successful in New York, we can contribute to the safety of this dynamic virtual playground that has so greatly impacted society.”

 At the end of 2010, New York State Attorney General Cuomo announced that Facebook and MySpace have removed approximately 11,721 profiles associated with 4,336 dangerous sexual predators registered in New York since the law was implemented in 2008.

First proposed by then-Facebook Chief Privacy Officer Chris Kelly in 2006, the E-STOP framework allows more effective policing and removal of sex offenders from online sites where minors may congregate.

“E-STOP’s implementation in New York and the use of sex offender registries by Facebook, MySpace, and other sites have helped build a safer Internet by removing tens of thousands of convicted sex offenders from social networks. We need to upgrade our protection systems here in California. At Facebook, we led the way in supporting E-STOP and I’m excited to stand with Assemblymember Galgiani as we put the right framework in place to build a safer California for kids and adults alike” said former Facebook Chief Privacy Officer Chris Kelly.

Malfeasance

KlaasKids will be taking Attorney General Jerry Brown to task at the Governor’s debate this evening for turning a blind eye to the illegal prison release of tens of thousands of potential sexually violent predators.

In 2006, Californian’s voted to pass Proposition 83, otherwise known as Jessica’s Law. Among other things Jessica’s Law mandates that, prior to release from prison, violent sex offenders who meet certain offense criteria be evaluated in person by two expert psychiatrists or psychologists. If the experts agree that the prisoner is a violent sexual predator with a high risk of reoffending the prisoner must be referred to the District Attorney for civil commitment proceedings.

Currently, California’s Department of Mental Health (DMH) Sex Offender Commitment Program managers are simply providing a cursory ‘paper screening’ or record review of potential predators by one mental health professional in lieu of an expert panel in-person evaluation. This violation of California law has thus far dumped more than 17,000 potential sexual predators back into society.
In 2007, convicted rapist Gilton Pitri was released as a result of a ‘paper screening’ and within 4 days kidnapped, raped, and murdered 15-year old Alyssa Gomez.  Petri is currently awaiting trial for Alyssa’s murder.

Are you as outraged as I am that California’s DMH is ignoring the law at the expense of public safety? If so, make your voice heard at the ballot box.

I’ll be endorsing Meg Whitman for Governor of California this evening at the candidate’s debate, as I take Attorney General Jerry Brown to task for turning a blind eye to the illegal prison release of tens of thousands of potential sexually violent predators.

In 2006, Californian’s voted to pass Proposition 83, otherwise known as Jessica’s Law. Among other things Jessica’s Law mandates that, prior to release from prison, violent sex offenders who meet certain offense criteria be evaluated in person by two expert psychiatrists or psychologists. If the experts agree that the prisoner is a violent sexual predator with a high risk of reoffending the prisoner must be referred to the District Attorney for civil commitment proceedings.

Currently, California’s Department of Mental Health (DMH) Sex Offender Commitment Program managers are simply providing a cursory ‘paper screening’ or record review of potential predators by one mental health professional in lieu of an expert panel in-person evaluation. This violation of California law has thus far dumped more than 17,000 potential sexual predators back into society.

In 2007, convicted rapist Gilton Pitri was released as a result of a ‘paper screening’ and within 4 days kidnapped, raped, and murdered 15-year old Alyssa Gomez.  Petri is currently awaiting trial for Alyssa’s murder.

Are you as outraged as I am that California’s DMH is ignoring the law at the expense of public safety? If so, make your voice heard at the ballot box.
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