CJS-51-08-00005-A Sex Offender Internet Identifiers

2/25/09 N.Y. St. Reg. CJS-51-08-00005-A

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 8

February 25, 2009

RULE MAKING ACTIVITIES

DIVISION OF CRIMINAL JUSTICE SERVICES

NOTICE OF ADOPTION

 

I.D No. CJS-51-08-00005-A

Filing No. 150

Filing Date. Feb. 11, 2009

Effective Date. Feb. 25, 2009

Sex Offender Internet Identifiers

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Addition of Part 6057 to Title 9 NYCRR.

Statutory authority:

Correction Law, section 168-b(10)

Subject:

Sex Offender Internet Identifiers.

Purpose:

To establish a fee-based subscription service to provide sex offender internet identifiers to authorized internet entities.

Text or summary was published

in the December 17, 2008 issue of the Register, I.D. No. CJS-51-08-00005-P.

Final rule as compared with last published rule:

No changes.

Text of rule and any required statements and analyses may be obtained from:

Natasha M. Harvin, Division of Criminal Justice Services, 4 Tower Place, Albany, NY 12203, [phone], email: [e-mail]

Assessment of Public Comment

The purpose of the proposed rule is to establish a fee-based subscription service to allow an authorized Internet entity providing certain social networking services to access sex offender Internet identifiers maintained by the Division of Criminal Justice Services (Division) and to establish limits for redisclosure of such information. The proposed regulation shall govern the Division's disclosure of registered sex offender Internet identifiers to an authorized Internet entity to enable such entity to prescreen or remove sex offenders from its services or advise law enforcement or other governmental entities of potential violations of law or threats to public safety.

The notice of proposed rule making was published in the State Register on December 17, 2008 under ID No. CJS-51-08-00005-P. This publication initiated a 45-day public comment period, which expired on February 2, 2009. On January 30, 2009, the Internet Alliance submitted written comments via e-mail. Internet Alliance is a "national organization of companies providing goods and services to consumers via the Internet."

Following are the issues raised and responses to those issues:

Issue:

“[T]he program is redundant. A federal law was passed in 2008 entitled 'Keeping the Internet Devoid of Sexual-Predators Act' (S. 431), sponsored by U.S. Sen. Charles Schumer, D-New York, directs the U.S. Attorney General to set up and maintain a national registry of sex offenders. This registry would include all Internet identifiers including email addresses and other designations used for self-identification or routing in Internet communication or posting and would be available to qualifying social networking sites and will likely be accessible for a nominal fee.

The IA supports this federal law. Why do we need to replicate it in the states?

The national economy is in turmoil and IA members face hard decisions and daunting economic challenges in the coming months. Our priority is to protect jobs, our shareholders and chart a path to renewed economic prosperity.

Duplicative government programs and mandates will add to our costs without providing consumers any added protection or any personal benefit.”

Response:

The Sex Offender Registration and Notification Act, SORNA, also known as Title I of the Adam Walsh Act, establishes minimum national standards governing sex offender registration programs and requires sex offenders to register certain identifying information. Keeping the Internet Devoid of Sexual-Predators Act, or S.431, amends SORNA to mandate that this required information includes certain Internet identifiers.

As of February 3, 2009, the New York State Legislature has not adopted a SORNA compliant registry.

Currently, New York submits sex offender information to the National Sex Offender Registry(NSOR), but that information does not include Internet identifiers.

Until New York complies with SORNA, social networking sites will be unable to obtain [New York] sex offender Internet information from NSOR. Therefore, the Division proposes no change to the regulation.

Issue:

“[T]he proposed state fees are unnecessarily high. Who designed this fee structure?

Has the state done an analysis to determine who will use the system or how much money these fees will raise?

We suspect the state will raise significantly more than is needed to simply create and maintain the system. Does the state plan to use the extra money for another, unspecified, purpose?

If the state moves forward with this proposal, it should only raise what it needs to administer the program and not profit from maintaining a sex offender registry.”

Response:

The cost analysis is based on information provided by the Division's Office of Sex Offender Management and Office of Justice Information Services.

Authorized Internet entities will pay a yearly fee for access to sex offender data on a graduated scale based on the number of registered users. However, the fee may be waived by the Division if an authorized Internet entity demonstrates that the fee is unduly burdensome. This fee schedule is modest enough that it will be affordable to the operator of any social networking site, but takes into account the increasing value of the information to larger entities who gain more advertising revenue by increasing the number of registered users and who will be able to attract a greater number of users by being able to advertise that the entity's site is safer for children because registered sex offenders are denied access to service.

In addition, the Division will not profit from this subscription service. Instead, any monies received will be deposited into the criminal justice improvement account to assist crime victims and witnesses. Therefore, the Division proposes no change to the regulation.