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Legislation Buzz:

 

Passed laws, pending laws, dead laws, and those given CPR-one can hardly keep up!!

 

As Internet Safety Coordinator for our Region and Chairperson for my Internet Safety Team, keeping up-to-date on legislative bills is important in my pursuit of Internet Safety education.


From personal experience, this subject matter sure stirs up some interesting discussion, some of it quite heated!!  Although I have strong feelings on a variety of these bills, I am trying to stay neutral in order for you to decide for yourselves. I find it quite interesting, however,  how people view this. Children, parents and educators seem to take different sides(so, how many sides are there??)...


Here is some BASIC Information, some legislation is Federal, some individual states-

 

(Please note, I am not a lawyer nor do I play one on tv!)



Have You Seen CNN Lately?
(Thanks again to Chris Pirillo)

Various Legislation:

Posted on Sunday, March 18, 2007 at 03:34PM by Registered CommenterInternet Safety Advisor | CommentsPost a Comment

Illinois HB 2858

  • Introduced 2/26/07 by Tom Cross
  • Amends the Criminal Code of 1961
  • Provides that a person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person knowingly discusses an act of sexual conduct or sexual penetration with a child or with one whom he or she believes to be a child by means of the Internet with the intent that the offense of aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed.
  • Provides that a violation of this provision is a Class 4 felony
  • 5/18/07 Passed both Houses

Florida Internet Predator Awareness Act:

 

California AB841  An act to amend Section 288 of the Penal Code, relating to crime.

  • Introduced by Portantino
  • Would make it a felony for sex offenders to lie about their age on the internet with the intent to commit a sex crime and would require the state to collect convicted sex offenders e-mail addresses

 

Texas SB 136 Internet Safety Curriculum:

  • Introduced 12/06 by Senator Jane Nelson

  • INTERNET SAFETY CURRICULUM. The agency shall develop and make available to school districts an Internet safety curriculum that a district may use to educate students about the potential dangers of allowing personal information to appear on an Internet website

  • (1) the potential dangers of allowing personal information to appear on an Internet website;

    (2) the manner in which to report an inappropriate online solicitation; and

    (3) the prevention, detection, and reporting of bullying or threats occurring over the Internet

  • the Texas Education Agency shall develop and make available to school districts an Internet safety curriculum as required by Section 28.010, Education Code, as added by this Act.

  • 3/28/07 Passed Senate
  • 3/30/07 Read 1st time, referred to Public Education
  • 4/17/07 Scheduled for public hearing---reported favorable without amendments
  • 4/24/07 House-Committee report sent to Calendar
  • 6/07 SIGNED BY GOVERNOR
  • Visit: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=SB136

Texas HB3171 Internet Safety:

  • Filed 3/07/2007 by Swinford
  • INTERNET SAFETY AND USE CURRICULUM. The agency shall develop and make available to school districts an Internet safety and use curriculum that a district may use to educate students about:

(1) the potential dangers of allowing personal information to appear on an Internet website;

(2) the significance of copyright laws; and

(3) the consequences of cyber-plagiarism and theft of audiovisual works, including motion pictures, software, and sound recordings, through uploading and downloading files on the Internet.

SECTION 2. Not later than January 1, 2008, the Texas Education Agency shall develop and make available to school districts an Internet safety and use curriculum as required by Section 28.010, Education Code, as added by this Act.


Virginia Bills HB 2197 and SB 1393:

  • Requires public libraries to include in its acceptable use policy for the Internet provisions for the selection, installation and activation of a technology protection measure on computers that have Internet access and that are accessible to the public to filter or block Internet access through such computers to child pornography as set out in § 18.2-374.1:1,
  • Obscenity as defined in § 18.2-372,
  • Materials deemed harmful to juveniles as defined in § 18.2-390.
  • The bill also requires the policy to include a provision for disabling or bypassing the technology protection measure at the request of a patron in instances of bona fide research or other lawful purposes.
  • No state funding shall be withheld and no other adverse action taken against a library by the Librarian of Virginia or any other official of state government when the technology protection measure fails, provided that such library promptly has taken reasonable steps to rectify and prevent such failures in the future
  • GOvernor Signed March 2007
  • Please visit: http://leg1.state.va.us/cgi-bin/legp504.exe?071+sum+sb1393

Illinois Senate Bill 0137 Anti Phishing Act:

  • Jan 07
  • Ira Silverstein
  • Makes it unlawful for a person, by means of a Web page, e-mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing oneself to be a business without the authority or approval of the business.
  • 3rd Reading March 13th
  • 3/22/07 Passed Senate, to House
  • 3/22/07 First Reading, Reffered to Rules Committee
  • 3/29/07 Added alternate Chief Co-Sponsors
  • Visit: http://www.ilga.gov/legislation/billstatus.asp?DocNum=137&GAID=9&GA=95&DocTypeID=SB&LegID=27412&SessionID=51

Il SB0014-Sex Offender Internet Identity

  • Amends the Sex Offender Registration Act.
  • Provides that when a sex offender registers with the appropriate law enforcement agency, he or she shall provide the law enforcement agency with all e-mail addresses, instant messaging identities, chat room identities, and other Internet communications identities that the sex offender uses or plans to use, all Uniform Resource Locators (URLs) registered or used by the sex offender, and all blogs and other Internet sites maintained by the sex offender or to which the sex offender has uploaded any content or posted any messages or information
  • Amends the Sex Offender Community Notification Law
  • Passed Senate
  • 3/1/07 First reading, referred to RULES committee
  • 3/29/07 Added alternate co-sponsors
  • Please visit: http://www.ilga.gov/legislation/BillStatus.asp?GA=95&DocTypeID=SB&DocNum=14&GAID=9&SessionID=51&LegID=27224

IL Internet Education Safety Act-IL SB1472:

  • Introduced Feb 2007, IL
  • Senator Dan Kotowski
  • Purpose is to inform and protect students from inappropriate or illegal communications and solicitation and to require school districts to provide education about Internet threats and risks, including without limitation child predators, fraud, and other dangers
  • Creates the Internet Safety Education Alliance under the authority of the Office of the Attorney General.
  • Amends the State Finance Act to create the Internet Safety Education Fund.
  • Amends the School Code to mandate the provision by every public school of instruction and discussion on effective methods by which students may recognize and report inappropriate, illegal, or threatening communications on the Internet on or before the start of the 2008-2009 school year
  • Recognizing and reporting solicitations by sexual predators online. Dangers of transmitting personal information on the Internet. Recognizing and avoiding unsolicited or deceptive communications received online. Recognizing and reporting cyber-bullying.
  • Amended as follows:

    • Each school may adopt an age appropriate Internet safety instruction of students in grades kindergarten through 12.

    • It is hereby recommended that the curriculum provide for a minimum of 2 hours of Internet safety education each school year that includes instruction on each of the following topics:

      (1) Safe and responsible use of social networking websites, chat rooms, electronic mail, bulletin boards, instant messaging, and other means of communication on the Internet.

      (2) Recognizing, avoiding, and reporting online solicitations of students, their classmates, and their friends by sexual predators.

      (3) Risks of transmitting personal information on the Internet.

      (4) Recognizing and avoiding unsolicited or deceptive communications received online.

  • 3/21/07 Passed 3rd Reading, onto House
  • 3/22/07 1st Reading, Referred to Rules Committee
  • 3/28/07 Added alternate Chief co-sponsors
  • 4/30/07 Assigned to Elementary & Secondary Education Committee
  • 5/9/07 Placed on calendar 2nd reading--short debate
  • 5/31/07 PASSED BOTH HOUSES
  • Visit: http://www.ilga.gov/legislation/billstatus.asp?DocNum=1472&GAID=9&GA=95&DocTypeID=SB&LegID=29564&SessionID=51

Il House Bill 0660

  • Introduced Feb 2007 by Representative Fred Crespo
  • Amends the School Code.
  • Provides that, in accordance with guidelines that the State Board of Education must develop, in every public school there must be instruction for both teachers and students on Internet safety (including without limitation how and to whom to report suspicious online encounters), illegal downloading, plagiarism, and other topics related to the Internet
  • Assigned to Elementary & Secondary Education Committee
  • Co-sponsors added
  • 3/23/07 Re-referred to Rules Committee
  • Visit: http://www.ilga.gov/legislation/billstatus.asp?DocNum=0660&GAID=9&GA=95&DocTypeID=HB&LegID=27788&SessionID=51

Illinois HB1132, INTERNET DATING DISCLOSURE ACT:

  • Sponsor Lou Lang,
    Requires an online dating service provider offering services to residents of this State to disclose clearly and conspicuously, to any member who provides a billing address or a zip code in this State when registering with the provider, that the online dating provider either initiates a background check of felony and sex offense convictions on each member prior to permitting any member to communicate with a member in this State or that the online dating service provider does not initiate such a background check.
  • Requires an online dating service provider that conducts criminal background checks to post a safety awareness notification and provides required language for that notification.
  • First reading, Assigned to Judiciary II
  • 3/23/07 Re-referred to Rules Committee
  • Visit: http://www.ilga.gov/legislation/billstatus.asp?DocNum=1132&GAID=9&GA=95&DocTypeID=HB&LegID=29742&SessionID=51

Adam Walsh Child Protection and Safety Act of 2006:

  • President Bush signed July 2006
  • Expanding The National Sex Offender Registry
  • Strengthening Federal Penalties For Crimes Against Children.
  • Making It Harder For Sex Predators To Reach Our Children On The Internet. The bill authorizes new regional Internet Crimes Against Children Task-force that will provide funding and training to help State and local law enforcement combat crimes involving the sexual exploitation of minors on the Internet.
  • Creates A New National Child Abuse Registry And requires Investigators To Do Background Checks Of Adoptive And Foster Parents Before They Are Approved

Operation Predator

  • Helps law enforcement track down and arrest foreign pedophiles, human traffickers, sex tourists, and Internet pornographers who prey on our children.

Project Safe Childhood

  • Department of Justice launched Project Safe Childhood to help Federal, State, and local law enforcement investigate and prosecute crimes against children that are facilitated by the Internet and other electronic communications.

Kentucky Senate Bill 65

  • AN ACT relating to sex offender registration.
    Amend KRS 17.500 to include e-mail, instant message, chat, and other Internet communications identities in the list a registrant information required to be provided by a sex offender to the sex offender registration system.
  • SIgned by Governor 3/07
  • Please visit: http://www.lrc.ky.gov/record/07rs/SB65.htm

Cyber Bullying Legislation-pending, passed, dead

Posted on Friday, March 16, 2007 at 12:11PM by Registered CommenterInternet Safety Advisor | CommentsPost a Comment

Numerous bills:

 

South Carolina Safe School Climate Act:

  • Harassment, intimidation, or bullying' means a gesture, an electronic communication, or a written, verbal, physical, or sexual act that is percieved to:
  • harm a student physically or emotionally or damaging a student's property, or placing a student in reasonable fear of personal harm or property damage; or
  • nsulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school.
  • 'School' means in a classroom, on school premises, on a school bus or other school-related vehicle, at an official school bus stop, at a school-sponsored activity or event whether or not it is held on school premises, or at another program or function where the school is responsible for the child
  • Before January 1, 2007, each local school district shall adopt a policy prohibiting harassment, intimidation, or bullying at school. The school district shall involve parents and guardians, school employees, volunteers, students, administrators, and community representatives in the process of creating the policy.
  • Signed by Governor June 2006

Minnesota SF0646:

  • February 2007
  • Relating to education; prohibiting electronic and Internet intimidation and
    bullying
    Section 1. Minnesota Statutes 2006, section 121A.0695, is amended to read:
    121A.0695 SCHOOL BOARD POLICY; PROHIBITING INTIMIDATION
    AND BULLYING.
    Each school board shall adopt a written policy prohibiting intimidation and bullying
    of any student. The policy shall address intimidation and bullying in all forms, including,
    but not limited to, electronic forms and forms involving Internet use.
  • Status: First reading, Referred to E12
  • 3/21/07 Second Reading
  • 5/07  PASSED
  • GOVERNOR approved
  • Visit: http://www.senate.leg.state.mn.us/perl/billinf.pl

Washington State SB5288:

  • Senators Kohl-Welles, Murray, McAuliffe, Weinstein, Shin, Rasmussen, 2007
  • Requiring cyberbullying to be included in school district harassment prevention policies.
  • 3rd reading passed
  • 3/5/07 Onto House, First Reading
  • 3/30/07 Rules Committee for 2nd reading
  • 4/4/07 3rd Reading passed
  • 4/16/07 Senate refuses to concur in House amendments. Asks House to recede from amendments
  • 5/9/07 GOVERNOR SIGNED!
  • 7/22/07 Into Effect!!
  • For further, please visit: http://apps.leg.wa.gov/billinfo/summary.aspx?year=2007&bill=5288

Arkansas HB1072 (Now ACT115)

Rhode Island S0099:

  • Introduced by Senator John Tassoni
  • Create a special Senate Commission to study and make recommendations related to cyber-threats and cyber-bullying
  • Rep from iSafe will provide testimony

New Jersy:

  • Status: Under review by Senate

Iowa SF61:

Oklahoma HB1804

Oklahoma HB1714

  • Will allow the courts to prohibit registered sex offenders from accessing certain communication Web sites, like MySpace and Facebook, and requires them to register with authorities any current e-mail addresses they are using
  • Introduced by Rep. Paul Wesselhoft, R-Moore, and Sen. Jonathan Nichols, R-Norman
  • "Endorsed" by personal appearance from Miss America !
  • Passed House 99-0
  • 3/15/07 Onto Senate Judiciary Committee
  • Visit: http://webserver1.lsb.state.ok.us/WebBillStatus/main.html

Florida Bills(s) SB114 and HB575

  • State Senator Carey Baker (SB-114) -already passed one committee hearing
    • SB 114 School Safety: 
    • Bullying/Harassment/Schools [SPCC]: cites act as "Jeffrey Johnston Stand Up for All Students Act"; prohibits bullying or harassment during education programs or activities, on school buses, or through use of data or computer software accessed through computer systems of certain educational institutions; requires DOE approval of school district's policy & its compliance with reporting procedures as prerequisites to receipt of safe schools funds, etc. Creates 1006.147.
    • Now in Education Pre-K
    • 05/04/07 Died in committee

Similar Bill, HB575

    • Sponsored by N. Thompson
    • School Safety: Creates "Jeffrey Johnston Stand Up for All Students Act"; prohibits bullying & harassment during education programs & activities, on school buses, or through use of data or computer software accessed through computer systems of certain educational institutions; requires school districts to adopt policies prohibiting bullying & harassment; provides immunity; provides restrictions with respect to defense of actions & application of provisions; requires DOE approval of school district policies & school district compliance with reporting procedures as prerequisites to receipt of safe schools funds.
    • Now in Schools and Learning Council
    • 3/27/07 Favorable with CS(Council substitute)by Schools and Learning Council
    • 3/29/07 1st reading
    • 3/30/07 Now in Policy and Budget
    • 4/23/07 Third Reading
    • 4/23/07 Passed House-110 to 1(Nay vote by Representative Don BROWN, Republican)
    • 4/23/07 Sent to Senate
    • Senate Committe Chairman Stephen Wise commented earlier this law is unneccessary !!
      • PLEASE EMAIL or CONTACT Stephen Wise regarding his opposition to this bill!
      • 05/04/07 Died in Messages
    • Visit: http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=35088

Delaware HB 7 School Bullying Prevention Act:

  • Jan 07 introduced in House
  • The goals of this Act is to provide a safer learning environment for students attending public schools, including charter schools and for the staff members of those institutions.

  • This Bill requires each school district and charter school to establish a policy on bullying prevention with certain minimal requirements including, but not limited to developing a bullying prevention program and reporting bullying to the Delaware Department of Education.
  • 4/07 Passed Senate
  • 5/3/07 SIGNED BY GOVERNOR !!

 

 


Conneticut 's Proposal regarding Social Networking Sites

Posted on Thursday, March 15, 2007 at 11:54AM by Registered CommenterInternet Safety Advisor | CommentsPost a Comment

Attorney General, General Law Committee Leaders Announce Bill Requiring Age Verification, Parental Permission And Access At Social Networking Web Sites

March 7, 2007

(A portion of the press release)

Attorney General Richard Blumenthal and leaders of the General Law Committee today announced legislation requiring social networking web sites like MySpace, Xanga and others to verify users' ages, obtain parental consent to post profiles of minors and allow parents access to their children's pages.

Under the proposal, sites that fail to verify ages and fail to obtain parental permission to post profiles of users under 18 face civil penalties of up to $5,000 per violation. The legislation also allows individuals to bring private lawsuits. Information about parents would be checked and parents would be contacted directly when necessary.

"These sites must verify ages and give parents power to keep their children off these sites - contacting parents directly if necessary to confirm their consent," Blumenthal said. "Failing to verify ages means that children are exposed to sexual predators who may be older men lying to seem younger"

Blumenthal added, "Parents are the first and last line of defense against sexual predators and other social networking site dangers. This measure empowers parents - enabling them to decide whether their children put profiles on sites. Social networking sites must obtain parental permission to post a minor's profile, assuring parents have the final say. This provision sends a powerful message: Respect the right and role of parents to restrict their children in social networking."

http://www.ct.gov/ag/cwp/view.asp?A=2788&Q=333086

DOPA, COPA, CIPA, COPPA oh my!

Posted on Saturday, March 3, 2007 at 12:13PM by Registered CommenterInternet Safety Advisor | Comments Off
  • COPA, Child Online Protection Act of 1998:
  • Enacted for restriction of access by minors to materials commercially distributed by means of the World Wide Web that is harmful to minors(under 17)
  • In other words, commercial sites deemed harmful to minors that can be accessed by minors are illegal
  • 2004 Ashcroft v ACLU- restrictions on freedom on free speech
  • March, 2007--struck down by U.S. Judge Lowell Reed Jr

COPPA, Children’s Online Privacy Protection Act of 1998:

  • Regulation of unfair and deceptive acts and practices in connection of collection and use of personal information from and about children on the Internet.
  • Sites directed towards children or that collect information from children, provide privacy policies explaining the use of said information
  • Application of the act of photographs is subject interpretation
  • Allows parents to retrieve that information
  • Applies to children 13 or younger
  • Children can obviously state they are older than 13

CIPA, Children’s Internet Protection Act:

  • Introduced by Senator John McCain, President Clinton Signed it in 2000
  • Requires public schools and school libraries that receive e-rate or LSTA funds, they must certify that they are enforcing a policy of Internet safety that includes measures to block or filter Internet access for both minors and adults to certain visual depictions
  • “A technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are obscene, child pornography or harmful to minors” For adults, same standards apply except “harmful to minors” provision however the technology can be disabled to enable access for boa fide research or other lawful purpose.
  • Amendments specifically require protection that “blocks or filters” access to visual depictions that are obscene or harmful to minors
  • Failure to comply, will not receive Federal funding thru the E-Rate program(which provides federal funding for library Internet connectivity)
  • 2001, ACLU & American Library Association filed suit--filters are not effective in blocking all content that some may find objectionable-but they do block much useful and constitutionally protected information
  • DOJ appealed to Supreme Court-reversed lower courts finding
  • Upheld 2003 ?

DOPA, Deleting Online Predators Act of 2006, HR5319:

  • Introduced May 2006 by Representative Mike Fitzpatrick
  • Amend the Communication Act of 1934, requiring schools and libraries that receive E-rate funding to protect minors from online predators in the absence of parental supervision when using “commercial social networking websites” and “chat rooms”
  • Prohibits schools and libraries from providing access to these types of websites to minors
  • Also requires the institutions to be capable of disabling the restrictions for “use by an adult or by minors with adult supervision to enable access for education purposes”
  • Bill amended-new language-within 120 days of passage, social networking and chat rooms would be defined by FCC using specific criteria.
  • Also requires the FTC to issue a consumer alert regarding online predation dangers of said sites and create a website for parents, educators, etc detailing dangers and a listing of said sites
  • Bill passed House and passed to Senate for approval. Bill was not voted-must be reintroduced by new Congress.

HR 1120--Deleting Online Predators Act of 2007-revisited

US Safe Web Act

  • To help the FTC protect customers from cross-border fraud and deception, specifically Spam, spyware and Internet fraud

US SAFE ACT

  • Introduced in Senate, S519 or House Bills HR 3791 or HR876
  • Securing Adolescents From Exploitation-Online Act(SAFE)
  • A bill to modernize and expand the reporting requirements relating to child pornography, to expand cooperation in combating child pornography, and for other purposes
  • While engaged in providing an electronic communication service or a remote computing service to the public through a facility or means of interstate or foreign commerce, obtains actual knowledge of any facts or circumstances described in paragraph (2) shall, as soon as reasonably possible, make a report of such facts or circumstances to the CyberTipline of the National Center for Missing and Exploited Children, or any successor to the CyberTipline operated by such center
  • IMAGES OF APPARENT CHILD PORNOGRAPHY- Any image of any apparent child pornography relating to the incident such report is regarding.
  • ENCOURAGING FOREIGN COUNTRIES TO COMBAT CHILD PORNOGRAPHY AND CHILD EXPLOITATION.
  • AUTHORIZATION OF FUNDS TO COMBAT CHILD PORNOGRAPHY
  • ONLINE MONITORING OF CONVICTED SEX OFFENDERS.
  • Read twice, referred to Judiciary Committee
  • December 5th, 2007, passed House(almost unanimously)
  • On to Senate

US KIDS ACT, 2007

  • Introduced by Charles E. Schumer (D-NY) and John McCain
  • Keeping the Internet Devoid of Sexual-Predators Act of 2007 (KIDS ACT) would require registered sex offenders to submit e-mail addresses, instant message addresses or other identifying Internet information to law enforcement to be placed on the National Sex Offender Registry. 
  • Would allow social networking websites to cross-check users’ information against the registry to protect users.
  • Referred to Judiciary Committee

Protecting Children in the 21st Century Act S49:

  • Introduced in Senate, Jan 2007
  • To prevent the carriage of child pornography by video service providers, to protect children from online predators, and to restrict the sale or purchase of children's personal information in interstate commerce
  • SEC. 203. CERTIFICATIONS TO INCLUDE PROTECTIONS AGAINST COMMERCIAL SOCIAL NETWORKING WEBSITES AND CHAT ROOMS
    • is enforcing a policy of Internet safety for minors that prevents cyberbullying and includes monitoring online activities of minors and operation of a technology protection measure with respect to any of its computers with Internet access that--
    • protects against access to a commercial social networking website or chat room unless used for an educational purpose with adult supervision;
    • protects against access by minors without parental authorization to a commercial social networking website or chat room, and informs parents that sexual predators can use these websites and chat rooms to prey on children ;
  • (J) COMMERCIAL SOCIAL NETWORKING WEBSITES; CHAT ROOMS- Within 120 days after date of enactment of the Deleting Online Predators Act of 2006, Commission shall by rule define the terms `social networking website' and `chat room' for purposes of this subsection. In determining definition of a social networking website, Commission shall take into consideration the extent to which a website--

    • (i) is offered by a commercial entity;ii) permits registered users to create an on-line profile that includes detailed personal information;(iii) permits registered users to create an on-line journal and share such a journal with other users;(iv) elicits highly-personalized information from users; and(v) enables communication among users.'.

  • (d) Disabling During Adult or Educational Use- Section 254(h)(5)(D) of such Act (47 U.S.C. 254(h)(5)(D)) is amended--
  • Status: Read twice and referred to the Committee on Commerce, Science, and Transportation.
  • Please visit: http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.00049
  • Or http://www.opencongress.org/bill/110-s49/show

HR 837--Internet Stopping Adults Facilitating the Exploitation of Today's Youth Act (SAFETY) of 2007

 

Discussion on various social-legislation