Saturday, June 18, 2011

Child Advocate and Best Selling Author Peter Senese Announces E-Book Series Launch of His Novels

Peter Thomas Senese

Best-Selling author Peter Thomas Senese is pleased to announce the upcoming E-book series launch of selected publications from the novelist's previously released and upcoming international geopolitical thriller genre' publications. The initial launch over a six month period will include a total of five E-book format releases that are intended to be translated and made available in multiple languages, allowing the growing number of readers who enjoy Peter Senese's novels immediate and affordable access to his written works.


The writer, filmmaker, and dedicated child advocate will commence his E-book launch by releasing 'The Den of the Assassin', the highly praised, spine-tingling Post 9-11 financial espionage and geopolitical thriller that catapults an unsuspecting young Wall Street banker, Tyler Boxter, into a world of incomprehensible possibilities and insane apocalyptic challenges. Peter Thomas Senese's intense, page-turning 'The Den of the Assassin' will be released in E-book format on July 14th, 2011.



                                                 
                   The Den of the Assassin Book Trailer

The gut-wrenching, inspirational theological thriller 'Cloning Christ' that jettisons readers to the spiritual and physical battlefront of good vs. evil in Peter Senese's electrifying, bone-chilling story of faith evolves around the global manhunt for Dr. Max Train, a once-devout, now faithless genomic scientist who may be in possession of the True Cross of  Jesus of Nazareth. Cloning Christ will cause heart-racing readers to contemplate the challenges between science and faith while contemplating physical and spiritual issues we all face today in our pursuit to enrich the human condition and experience.'Cloning Christ' will be released in E-book on August 15th, 2011.  

Peter Thomas Senese's deeply personal novel, 'Chasing The Cyclone', the critically acclaimed heart-pounding international legal thriller of a father and son's unbowed and unbreakable love and belief in one another in lieu of a wicked international child abduction as told in a way very few writers ever could, and that was inspired by Peter Thomas Senese's unimaginable experiences as a parent chasing the cyclone of international child abduction, will released in hardcover and E-book in mid-August, 2011.

                                             
  Peter Thomas Senese Is A Child Abduction Prevention Advocat
 'Chasing The Cyclone' Is Inspired By The Author's Experiences
                                     

Peter Thomas Senese's e-book series continues with the worldwide E-book release of 'The Production', a hilarious satire about the artful, zany, and often colliding storytelling worlds of filmmaking and publishing that has lovers of good storytelling laughing hysterically. 'The Production' by Peter Thomas Senese will be released on September 29th, 2011.

Soviet Scorpion Nuclear Submarine
'Predator's Games' the riveting sequel of 'The Den of the Assassin', that propels readers into the shocking and deadly world of alternative energy speculation and depicts the world's power-nations conspiring against one another in an extremely dangerous and potentially cataclysmic quest to control what was once the unthinkable unfolds as unique characters initially introduced in 'The Den of the Assassin' race into real and startling possibilities evolving around advances in alternative energy and mankind's greed. 'Predator's Games' by Peter Thomas Senese will be released during the Thanksgiving Holiday Season.


Peter Thomas Senese commented, I am extremely pleased to announce the E-book publications of selected novels that readers from all over the world have embraced. It is indeed a very humbling experience to have such a large and diverse number of book lovers from Anchorage to Los Angeles to Christ Church to Beijing to St. Petersburg to Athens to Oslo to The Isle of Skye to New York, and from Anchorage to Cape Town and places in between have interest in my novels.

Peter & Tyler at the Algonquin 
“I am, as I will continue to be, extremely grateful for the worldwide reception my stories have received. This interest and appreciation supports my strong belief that society continues to evolve into global citizens, and with each and every passing day, the concerns or interests that one person shares in one part of the world has relevance to another person living on the other side of the planet. I think this is truly remarkable, particularly since one of the primary undercurrents of each of my books is the value of global citizenship. The other undercurrent - and I once thought this was a secret only a few readers realized, but in time I came to know how much I have been mistaken - is that if you hear the voice attached to the words in my novels, you will hear the voice of a parent who deeply loves his child. As I now have come to understand, a substantial number of my readers have heard and indentified with that voice. So perhaps these are two of the reasons why my writing continues to be embraced and evolve onto the global stage."


Peter Thomas Senese's E-book series launch will initially release each title in English. However, 'The Den of the Assassin', 'Predator's Games', and 'The Production' will each be released in Spanish, German, and French within eight weeks of their e-book publication date. 'Cloning Christ' and 'Chasing The Cyclone' will be released in English as well as in Spanish, German, French, Italian, Mandarin (Chinese), Hindi, Russian, Portuguese, and Greek. With the expansive growth of consumers turning to e-book readers, the traditional distribution and delivery of an author's written works has vastly changed.


Geopolitical Novelist
Peter Thomas Senese
Sitting Above The Clouds
"As an author who embraces my publishing independence, and having had considerable success, including having several of my books hit and stay on various publishing-industry best-seller lists, the ever-expanding use of e-book readers will allow for good writers with important issues that they desire to share with worldwide opportunity to reach audiences via e-book publications. Over the course of the past years, I have purposefully delayed the electronic release of my novels until I felt comfortable with the evolution of electronic distribution of my writings, and that my readership audience, who was accustomed to reading my books in hardcover format, would support my E-book publication. After receiving an incredible number of inquiries from book lovers all over the world expressing their desire to have my novels made available in E-book format and in multiple languages, I have become extremely comfortable that now is the time to launch selected books I have written on E-book format. This is very exciting!


According to the Association of American Publishers, E-book sales represent the largest single format for book sales in the United States. Paperback sales is considered second, followed by hardcover book sales, both of which sales figures continue to decline. Mike Shatzkin, the founder and chief executive of the Idea Logical Company, which advertises book publishers on digital change said referring to the expansive growth of consumer demand for E-books, "This was a day that was going to come, a day that had to come." Shatzkin predicts that within a decade, fewer than 25% of all books sold will be print versions. Jeffrey P. Bezos, Amazon's chief executive previously commented on how the E-book has overtaken both hardcover and paperback sales on the online retailer's website when he said it is "Astonishing when you consider that we've been selling hardcover books for 15 years, and Kindle books for 33 months."



The Pelican Inn
Muir Woods
Surrounded by giant redwoods
Sitting next to the Pacific Ocean
Peter Thomas Senese is a storyteller focusing on messages in all formats that bespeak global connectivity. He is a writer of habit: each of his stories are written in part at the New York City Public Library's 'Great Reading Room' and 'Map Room', Butler Library at Columbia University, the Brooklyn Public Library at Grand Army Plaza, the Student Union at the University of Wiscnsin in Madison, The Pelican Inn located in Muir Woods, Paradise Cove in Malibu, and the Los Angeles Central Library. 


Commenting on his writing locations, Peter Senese added, "If you're going to do something, do something you relly love at places that you really enjoy. The diversity of my own writing settings allows for me to think carefully and clearly when creating what I consider to be rather complex storylines filled with an enourmous amount of relevant and accurate information. When I write, I literally and figutively go on an amazing journey. And God knows I love it!"


New York City Public Library
The Great Reading Room
He is actively involved in supporting issues that impact the lives of children, including demonstrative support to keep our nation's public libraries open seven days a week; and, actively engaged in numerous and extensive activities surrounding international child abduction prevention; and, actively advocating for new legislation that will protect children and others from malicious online impersonation






Paradise Cove
Malibu
To learn more about Peter Thomas Senese, please visit his official website or Peter's Official blogsite.




Tuesday, June 14, 2011

Nation Watches As New York Moves To Pass Crucial Legislation Against Online Impersonation

New York State Legislators are seeking to pass a monumental bill (Assembly - 6238/Senate - 4015) that will make online impersonation of another individual with the intent to harm, threaten, or defraud the targeted person a criminal offense punishable by imprisonment. New York State Assembly Member and staunch public advocate Micah Z. Kellner (D-Upper East Side, Yorkville and Roosevelt Island) created and sponsored the groundbreaking 'Digital Impersonation Prevention Act' that will unquestionably benefit all New Yorkers while also demonstrating to the nation and world the critical importance of laws that protect individuals from online malice. Republican Senator Martin Golden (R-Kings County), a lawmaker known for his unyielding support of children and public safety issues has sponsored the bi-partisan legislation in the Senate. The bill has been hailed by victims, activists, and the public-at-large concerned with the limited amount of law concerning online behavior as extremely positive legislation. If passed, an enforceable law will exist that protects against the rapidly growing number of online cases of malicious impersonation and identity theft intended to cause targets grave injury and loss.

Assemblyman Kellner's ‘Digital Impersonation Prevention Act’ (DIPA) strengthens the New York State's protections against predators who use innocent victims' identities to harass, defraud, or send spam to others. It also makes it possible for victims of identity theft to seek civil penalties from the perpetrators. The legislation’s intent is clear: while protecting and respecting the anonymity that the Internet offers to individuals is extremely important, so to is protecting individuals from online sociopathic predators who have intent to destroy another person’s life through malevolent online impersonation and identity theft.

According to the United States Federal Communications Commission estimates, as many as 9 million Americans have their identities stolen each year: a number that appears to be expanding with the increase of Internet users and society's reliance on the Internet as a necessity in our daily lives. Presently, California is the only state with unilateral online impersonation laws establishing it a criminal act to impersonate an individual online with intent to cause the target harm. Texas also has a specific law that makes it a felony to impersonate someone on a social network.


Commenting on the need and intent of the new legislation, Senator Martin Golden said, "It's trying to get a handle on a different kind of cyber-bullying. You've got to set some parameters so people understand that you have to live within the norm of society."


The next step for the DIPA legislation is for it be voted on by Senate Majority Leader and child advocate defender Senator Dean G. Skelos' 'Rules Committee'. Senator Skelos' extensive history of creating and sponsoring laws that will protect others is well known, including the senator's writing of the landmark 'Megan's Law'. In addition, Senator Skelos' leadership with respect to online predator behavior includes the championing of the e-STOP law which prevents registered sex offenders from accessing social networking websites, including MySpace and Facebook, and prohibiting online communication between sex offenders and children.

Assemblyman Joseph Lentol, the Chairman of the ‘Committee of Codes’, and a lawmaker who has been remarkably serving New Yorkers in Albany for nearly 40 years will oversee the DIPA legislation's movement before the Codes Committee. Assemblyman Lentol, a former Assistant District Attorney for Kings County, has a long and deep history of supporting legislation that helps the children of the state.

Author and child advocate Peter Thomas Senese added, "Imagine having an online predator create an assortment of websites, social media accounts, posts, and twitter or email messages all under your name and identity, and then post content on these sites that were untruthful, malicious, distorted, and fabricated in order to cause you injury. Think your very worst thoughts. Now imagine the number of sites your identity is being used on is magnified substantially. If you think you have swift and effective recourse, you are mistaken as civil litigation has proven for many to be unreliable, lengthy, and sadly, unproductive. The reality is you have a very serious and dangerous problem on your hands, and the sociopathic predator who has acted to harm you does not fear legal retribution under existing available laws. The DIPA legislation changes all this."

If the DIPA law is passed, New Yorkers will be offered additional protection from cyber terrorists since present New York State law allows for criminal prosecution of an out-of-state predator if their acts have consequences for their victims living in New York State.

In addition, legal experts believe several existing state criminal laws could potentially be applied when prosecuting against the offense of online impersonation.

Dr. Keely Kolmes, Psy.D., the pioneer of 'Digital and Social Media Ethics for Psychotherapists', cautions about the potential harms of online impersonation. “This is a form of harassment and the emotional distress may lead to anxiety, depression, sleep disturbances or other disruptions to a person's well-being. It could significantly impair a person's daily functioning in school, work, or relationships. It can also have an effect on someone's social support system if others don't recognize that the individual is being impersonated.”


Erica Johnstone, a partner at Ridder, Costa & Johnstone LLP who has extensive experience litigating online harassment, identity theft and impersonation supported California's SB 1411 bill concerning online impersonation that became law on January 1st, 2011 previously observed that, “Almost all cyber-harassment goes unpunished, with devastating consequences to the victims, including loss of reputation, shame, mortification, hurt feelings, pain, suffering, inconvenience, loss of business and education opportunities, and emotional distress.”

According to experts focusing on online impersonation, the psychological factors behind the person committing such online impersonation with malicious intent can be identified as greed, revenge, frustration, and grievance. The majority of individuals who maliciously impersonate another consistently demonstrate behavior of an online stalker whereas the online stalker/impersonator is motivated by a desire to exert control over their victims and engage in behavior to accomplish this end. These crimes are real and are affecting everyone - individuals, business organizations, nation-states and the international communities. The perpetual and compulsive act of maliciously impersonating another individual online demonstrates behavior best defined as “Cyber Terrorism.”

Demonstrating the sweeping problem of malicious online impersonation facing citizens everywhere, California State Senator Joe Simitian, who wrote and sponsored the California impersonation law provides insight on this national issue that each state must immediately address for themselves when he said, "Pretending to be someone else online takes no more Web savvy than posting comments on a Web forum under that person's name," said Simitian, in a statement. "When it's done to cause harm, folks need a law on the books they can turn to."

Peter Thomas Senese included, "One of the great problems that exists in the civil prosecution against a person who maliciously impersonates a target online is that typically the predator has limited assets, and therefore is judgment proof - that is, a defendant has no concern over financial compensation of their victim since they have no assets to provide. At the moment, and why New York needs to pass the DIPA law is due to the stark reality that many of these online predators simply ignore the rules of court and laws since they believe there is limited recourse available for their target. So, if a predator has no concern of a monetary judgment against them, then more than likely, they will continue to create an online terrorist state for their victim. However, if the ‘Digital Impersonation Prevention Act’ is made into law, then the citizens of New York, similar to the citizens of California and to a lesser degree, Texas, will have available to them a very unique tool that predators cannot circumvent: a criminal code that does not require for a victim to have extensive assets to litigate over in order to obtain relief, but also a deterrent and tool that could shorten the lengthy legal process required under civil law. The message will be clear to online terrorists who impersonate another individual: your malicious behavior will no longer be tolerated due to new criminal laws now in place."

The ramifications of online malicious impersonation are in fact a worldwide problem and its malevolent intent far-reaching. According to Martin Waage, President of world-renown security experts ABP World Group Ltd., a leading international child abduction recovery services company, "Online impersonation as part of a malicious defamation and slander campaign directed toward an unsuspecting parental guardian targeted in the growing plague of criminal international parental child abduction that is created as part of a child abductor's defense and then used to sanction their criminal act of child stealing is a malicious and tragic occurrence implemented by thousands of parental child abductors each year. We have seen this type of malicious, illicit behavior targeted against parents from New York to Rome. They had to react to the nightmare of having their child abducted while having their name disparaged online by a sociopathic abducting parent in order to defend their criminal acts. And always - the abductor uses the untrue and fabricated online impersonation and slander against their target. In my opinion this is the most vicious and evil form of online impersonation and identity theft - and it's happening all the time everywhere. I urge New York lawmakers to pass this important law."

The legislation, (A.6238/S.4015), will create effective penalties, including fines and imprisonment, for those who engage in digital impersonation for the purposes of harming, threatening, or defrauding another person, as well as sending unsolicited bulk emails and commercial solicitations, or utilizing a contact list. It also establishes a civil cause of action for people who are victims of digital impersonation, allowing victims to sue perpetrators for up to $500 for each incident.

Advocates supporting the ‘Digital Impersonation Prevention Act’ have recently created a petition sight and request anyone anywhere concerned with the criminal act of malicious online impersonation to sign the petition.

Saturday, June 4, 2011

Peter Senese Discusses Why Online Impersonation Laws Are Needed To Fight International Parental Child Abduction: Supports Passage of New York State's DIGITAL IMPERSONATION PREVENTION ACT legislation.

New York State legislators are on the cusp of passing a remarkable and much needed law that will benefit all citizens of the state: the 'Digital Impersonation Prevention Act'. The Legislation was created to prevent individuals with malice and illicit intent to use the name of another person online for purposes of causing their target personal injury.

New York State Assembly Member Micah Z. Kellner (D-Upper East Side, Yorkville) who has sponsored the crucial legislation in the State Assembly said, "“It seems like every day we hear about a new and horrific case of identity theft. It’s grown beyond hacking into your bank account. People’s lives can be ruined by thieves who steal their email accounts or Facebook pages to use them for malicious purposes. People have actually been driven to suicide in cases.”

One of the benefits of the Internet is that it allows for anonymity; however, there is a serious price to be paid by many because the atmosphere has created the ability for anonymous posters to create false, untrue, slanderous, and harassing content with the sole purpose to cause the person they are attacking undue harm. It has been estimated there were over 9 million victims of online identity theft and impersonation last year alone: a number that is growing.

Presently, in New York State there are various laws that protect online identity theft and impersonation; however, with the anticipated passage of the 'Digital Impersonation Prevention Act', a new specific law will be in place that deals directly with this issue. It can and should be used in conjunction with other laws in place in order to protect those who are targeted for identity theft or impersonation.

One of the ways celebrities may protect their identity is to trademark their name. But this is not possible for the average working person. Copyright protection laws allows for certain protection to occur under laws governing personal property; howver, if you do not have copyrighted work that is attached to you such as a book or a film, then a person will not be protected under law.

In the past online identity impersonation typically involved financial transactions. Today the fastest growing form of online identity theft and impersonation is used to cause personal injury toward a target in conjunction with defamation,slander, libel, and harassing actions including cyberbullying and cyberstalking. Fortunately, in New York State there exists laws that deal with these issue. However, the 'Digital Impersonation Prevention Act' will be a much needed and added resource available to targeted victims.

In the world of international parental child abduction, laws that prevent digital impersonation are critical. For a parent intending to abduct a child internationally, the elements of the abduciton typically include a well thought out plan, including how to defend the abduction if there is a chance that the international courts such as the Hague Courts may become involved. Under the Hague Convention's Article 13, the rules allow for an abducting parent to defend their criminal abduction by claiming that it is in the best interest of the child for the child to not be ordered to return to the country of original jurisdiction. In order to prove this, the criminally abducting parent must 'create' a series of personal attacks on the the target in order to falsely demonstrate the targeted parents incapability to care for the welfare of the abducted child. Commonly, this will include the use of the Internet to slander, defame, harass, and cause grave injury to the target. The majority of this is done anonymously or under false name online via various community forums in order to falsely and misleadingly fabricate a communal negative perspective on the target. And unfortunately for the targeted parent, they have their hands more than full at that time because they are attempting to navigate the cruel multi-international litigation nightmare attached to trying to prevent, find, or bring home their child.

During the time that my child was internationally abducted in accordanc to the rules of the Hague Convention, I, like many parents who came before me as well as those who will sadly come after me, had to deal with this very issue. I was fortunate in the sense that the international courts under the Hague had seen through the conspiracy, and these courts ordered for my child to be returned. I was able to present literally several hundred sworn personal and professional letters to the court referring to my conduct, and I had resources available that allowed me to successfully litigate against the malicious slander and defamation that took place. I am also aware that many targeted parents may not have the resources to accomplish some of what I have. And that is why, from a viewpoint of international parental child abduction, laws such as the 'Digital Inpersonation Prevention Act' must be passed into law in each and every state.

Unfortunately for many targeted parents of abduction who have successfully recovered their child, a problem still exits: the abducting parent still remains at large: bitter, angry, and filled with a desire for revenge and to cause the chasing parent additional harm (it is noted by leading experts in the area of IPCA that the vast majority of parental abductors use the child of the relationship in order to cause great harm toward the targeted parent). In fact, Dr. Janet Johnston (Judith Wallerstein Center for the Family in Transition) and Dr. Linda Girdner (ABA Center on Children and the Law) along with other reknown therapist and law enforcement officers have openly stated that an abducting parent exhibit sociopathic behavior and have little respect for or concern of the law.

Online identity theft and impersonation generated due to malice is a growing and very serious problem. Civil litigation can protect an individual from defamation and slander, but the process can be long. Additionally, if you sue a person due to their misconduct, if they have no assets, you may be able to have the defamatory content removed from the Internet, but the individuals behind the malice will not be held truly accountable for their acts. And in certain circumstances content cannot be taken down under Internet law (though I have recently learned that there are other possible ways to have content removed). Nevertheless, once untruthful content is placed online, there is a challenge to have it removed. One important remedy a targeted person can do is to address matters under criminal law, particularly since many cases of malicious online impersonation include defamatory, slanderous, and malicous content posted. The 'Digital Impersonation Prevention Act' adds to the arsenal of laws already established that may be utilized to protect individuals from online malice.

Various research also indicates that a person who will impersonate or steal another person's online identity is acts with fearless reckless abandonment because they think they are protected to continue their acts because of the difficulties associated with their target bringing litigation, and, under civil court action, they can be sued - but if they have very little to take, they could care less.

The remedy to all of this is very simple: create and enforce criminal codes that will hold individuals who impersonate or steal another person's identity with the sole purpose of causing malicious harm to that person fully and unequivocally accountable under criminal law. I speak from heavy experience on this issue as I have been the victim of this type of act to which I have taken serious and unilateral action under all laws available to me.

“Anonymity is a criminal’s best friend—and it’s one of the defining features of the Internet,” said Assembly Member Kellner. “New Yorkers deserve stronger protections so we can bring these nefarious individuals out of the shadows and hold them accountable for their actions.”


I am in full support of the passage of the Digital Impersonation Prevention Act as this bill will be a great law for New York. I hope you will be as well. Here is the legislation that is moving its way through Albany's legisltion.

Senator Martin Golden has sponsored the bill in the Senate and will navigate the legislation as it moves through the Senate.

S4015-2011: Enacts the Digital Impersonation Prevention Act

Same as: A6238 / Versions: S4015-2011 S4015A-2011 Print HTML Page / Print Original Bill Format / ShareThis/ Read or Leave Comments

Enacts the digital impersonation prevention act.
--------------------------------------------------------------------------------
Sponsor: GOLDEN / Committee: CODES / Law Section: Penal Law

S4015-2011 Actions
Mar 25, 2011: PRINT NUMBER 4015A
Mar 25, 2011: AMEND AND RECOMMIT TO CODES
Mar 14, 2011: REFERRED TO CODES
S4015-2011 Memo
BILL NUMBER:S4015

TITLE OF BILL:
An act
to amend the penal law, in relation to enacting the digital
impersonation prevention act

PURPOSE OR GENERAL IDEA OF BILL:
To establish the crime of digital
impersonation and to create effective penalties for those who engage
in digital impersonation for the purposes of harming, threatening, or
defrauding another person, sending unsolicited bulk mails or
commercial solicitations, or downloading or utilizing a contact list.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1:

Establishes the title 'Digital Impersonation Prevention Act"

Section.2:

-Amends the penal law by adding a new section 190.87, establishing the
crime of digital impersonation;

-Provides that a person is guilty of digital impersonation when he or
she, knowingly, with intent to defraud and without consent,
creditably impersonates another actual person through or on an
Internet web site or by other electronic means for purposes of: (i)
harming, intimidating, threatening, or defrauding another person;
(ii) transmitting unsolicited commercial solicitations or unsolicited
bulk messages; or (iii) copying, accessing, downloading or utilizing
a contact list;

-Establishes the meaning of creditable impersonation;

-Defines "electronic means," "contact list," "unsolicited commercial
solicitations," and "unsolicited bulk messages";

-Establishes penalties for violations; and

-Provides that a person who suffers loss or damage by reason of a
violation may a bring civil action against the violator; sets forth
damages and other relief.

Section 3: Sets effective date

JUSTIFICATION:
Digital identity theft, more accurately known as
digital impersonation, has been a growing problem in the internet era.
The US Federal Trade Commission estimates that as many as 9 million
Americans have their identities stolen each year. Historically, the

major motive for identity theft has been financial fraud, as thieves
use
stolen identities to make credit card purchases, withdraw funds, and
set up phony accounts. Over the past few years, we have seen an
increase in a more personal kind of impersonation: the use of
Internet anonymity to harass individuals. In 2010, for instance, the
New York Times reported on the rise of cyber bullying and what can
happen if the issue is not addressed. The article told the story of
Marie, a single mother from Newburyport, Massachusetts, whose son had
become increasingly withdrawn since entering a new high school. After
some investigating, Marie discovered that a number of her son's
classmates had created a Facebook page with her son's name and
picture. The page in question was being used by others to bully
people her son barely knew, with the blame for
this behavior falling unfairly on her son. It is clear that stronger
measures are needed to combat such actions.

Additionally, thieves have made use of stolen identities to send
'spam' unsolicited bulk email messages and commercial
solicitations-circumventing mechanisms intended to block such
unwanted messages by sending them from the accounts of unwitting
identity theft victims. According to a report commissioned by McAfee,
a computer-security company, approximately 62 trillion unsolicited
emails were sent in 2008, with serious economic and environmental
consequences. Many of these messages were sent from stolen or
hijacked email accounts.

Already, states like California have passed laws to crack down on
digital impersonation. New York should follow suit. This legislation
would create effective penalties for those who engage in digital
impersonation for the purposes of harming, threatening, or defrauding
another person, sending unsolicited bulk emails or commercial
solicitations, or downloading or utilizing a contact list. It also
establishes a civil cause of action for people who are victims of
digital impersonation.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
The law shall take effect on the first of November
next succeeding the date upon which it shall have become law.


Text
S T A T E O F N E W Y O R K
4015
2011-2012 Regular Sessions
I N SENATE
March 14, 2011
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to enacting the digital
impersonation prevention act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "digital
impersonation prevention act".
S 2. The penal law is amended by adding a new section 190.87 to read
as follows:
S 190.87 DIGITAL IMPERSONATION.
1. (A) A PERSON IS GUILTY OF DIGITAL IMPERSONATION WHEN HE OR SHE,
KNOWINGLY, WITH INTENT TO DEFRAUD AND WITHOUT CONSENT, CREDIBLY IMPERSO
NATES ANOTHER ACTUAL PERSON THROUGH OR ON AN INTERNET WEB SITE OR BY
OTHER ELECTRONIC MEANS FOR PURPOSES OF: (I) HARMING, INTIMIDATING,
THREATENING OR DEFRAUDING ANOTHER PERSON; (II) TRANSMITTING UNSOLICITED
COMMERCIAL SOLICITATIONS OR UNSOLICITED BULK MESSAGES; OR (III) COPYING,
ACCESSING, DOWNLOADING OR UTILIZING A CONTACT LIST.
(B) FOR PURPOSES OF THIS SECTION, AN IMPERSONATION IS CREDIBLE IF
ANOTHER PERSON WOULD REASONABLY BELIEVE, OR DID REASONABLY BELIEVE, THAT
THE DEFENDANT WAS OR IS THE PERSON WHO WAS IMPERSONATED.
2. FOR PURPOSES OF THIS SECTION: (A) "ELECTRONIC MEANS" SHALL INCLUDE
CREATING OR OPENING AN E-MAIL ACCOUNT OR AN ACCOUNT OR PROFILE ON A
SOCIAL NETWORKING INTERNET WEB SITE IN ANOTHER PERSON'S NAME; OR ACCESS
ING ANOTHER PERSON'S PRE-EXISTING E-MAIL ACCOUNT OR AN ACCOUNT OR
PROFILE ON A SOCIAL NETWORKING INTERNET WEB SITE; OR ALTERING OR CHANG
ING THE PROPERTIES OF AN E-MAIL, OR E-MAIL HEADER, TO APPEAR AS THOUGH
THE E-MAIL ORIGINATED FROM A DIFFERENT SOURCE WITHOUT THE EXPRESS
CONSENT FROM THE ACCOUNT HOLDER.
(B) "CONTACT LIST" SHALL INCLUDE ANY LIST OF THIRD-PARTY CONTACT
NAMES, ADDRESSES, TELEPHONE NUMBERS, MOBILE PHONE NUMBERS, FACSIMILE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09358-02-1 S. 4015 2
NUMBERS, E-MAIL ADDRESSES, INSTANT MESSENGER NAMES, OR OTHER INFORMATION
USED FOR CONTACTING INDIVIDUALS.
(C) "UNSOLICITED COMMERCIAL SOLICITATIONS" SHALL INCLUDE ANY ADVER
TISEMENT RELATED TO THE AVAILABILITY OR QUALITY OF ANY PROPERTY, GOODS,
OR SERVICES OR TRANSMISSION OF A HYPERLINK TO A WEB SITE OR UNIFORM
RESOURCE LOCATOR (URL) WHICH HAS ANY MATERIAL ADVERTISING THE AVAILABIL
ITY OR QUALITY OF ANY PROPERTY, GOODS, OR SERVICES.
(D) "UNSOLICITED BULK MESSAGES" SHALL INCLUDE THE TRANSMISSION OF AN
E-MAIL, INSTANT MESSAGE, OR SOCIAL NETWORKING POST THAT IS PUBLISHED TO
MORE THAN ONE UNIQUE RECIPIENT.
3. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL BE PUNISHABLE
BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS OR BY IMPRISONMENT NOT TO
EXCEED ONE YEAR, OR BY BOTH THE FINE AND IMPRISONMENT.
4. IN ADDITION TO ANY OTHER CIVIL REMEDY AVAILABLE, A PERSON WHO
SUFFERS DAMAGE OR LOSS BY REASON OF A VIOLATION OF SUBDIVISION ONE OF
THIS SECTION MAY BRING A CIVIL ACTION AGAINST THE VIOLATOR FOR STATUTORY
DAMAGES OF FIVE HUNDRED DOLLARS PER OCCURRENCE, COMPENSATORY DAMAGES,
AND INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF. IF THE COURT FINDS THAT
THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THIS SECTION OR THE REGU
LATIONS PRESCRIBED UNDER THIS SECTION, THE COURT MAY, IN ITS DISCRETION,
INCREASE THE AMOUNT OF THE AWARD TO AN AMOUNT EQUAL TO NOT MORE THAN
THREE TIMES THE AMOUNT AVAILABLE UNDER THIS SUBDIVISION.
5. FOR PURPOSES OF THIS SECTION, "OCCURRENCE" SHALL INCLUDE EACH ACT
OF CREATING OR OPENING AN E-MAIL ACCOUNT OR AN ACCOUNT OR PROFILE ON A
SOCIAL NETWORKING INTERNET WEB SITE; ACCESSING ANOTHER PERSON'S PRE-EX
ISTING E-MAIL ACCOUNT, ACCOUNT OR PROFILE ON A SOCIAL NETWORKING INTER
NET WEB SITE OR CONTACT LIST; ALTERING OR CHANGING THE PROPERTIES OF AN
E-MAIL, OR E-MAIL HEADER, TO APPEAR AS THOUGH THE E-MAIL ORIGINATED FROM
A DIFFERENT SOURCE; AND THE TRANSMISSION OF AN UNSOLICITED COMMERCIAL
SOLICITATION TO A UNIQUE RECIPIENT.
S 3. This act shall take effect on the first of November next succeed
ing the date upon which it shall have become a law.



Thursday, June 2, 2011

The World Upside Down: Peter Senese and Carolyn Vlk Cite Child Abduction Statistics Heavily Flawed


This article is based upon an exerpt published in Carolyn Vlk and Peter Senese's landmark research report on international parental child abduction rates in the United States titled 'Crisis In America: International Parental Child Abduction Today'. As the report demonstrates, international parental child abduction is an incredibly misunderstood and miscalculated phenomenon that will continue to rapidly spread due to global migratory populations and cross-cultural marriages. Alarmingly, the data that is often used and cited as U.S. government researched statistics is utterly and remarkably flawed, and has no place to be included in any discussion concerning either domestic or international child abduction. This excerpt provided below demonstrates the significance of the problem at hand. Clearly, without proper research and accurate statistics, targeted children and targeted parents of child abduction will continue to be at heavy risk

It is believed that United States children-citizens are being criminally abducted, illegally removed overseas, and wrongfully detained in foreign countries in shocking and seemingly advancing and unprecedented numbers. This despite U.S. court orders prohibiting their removal and/or demanding for their immediate return.


Remarkably, the necessary data required to accurately measure the total number of international parental child abductions (IPCA) does not exist due to the inability to measure what is believed to be a large number of ‘unreported’ cases, which is discussed in this report later on. Therefore due to the inability to measure ‘unreported’ cases, much of what has been previously reported in government and reputable organizations’ studies or statements should be considered as speculation due in part to the inability to measure ‘unreported’ cases, as well as forecasted numbers derived from immeasurable and highly questionable determining methodologies. The only measurable statistics are the number of cases reported to law enforcement and to The Department of State’s Office of Children’s Issues (OCI).


QUESTIONABLE DATA AND PREVIOUS RESEARCH

The content of this report includes statistics from the two most current published annual reports which are dated April 2009 and April 2010 and titled Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction. Assistant Secretary of State for Consular Affairs, Janice L Jacobs reports that during fiscal year 2009, the Office of Children's Issues experienced a significant increase in the number of reported international kidnapping cases. The 2010 report indicates that we can anticipate the current trends previously seen with respect to the increase in international parental child abductions to continue. In fact, the number of International Parental Child Abduction (IPCA) cases has nearly doubled since the fiscal year 2006 from 64 to 1,135.


Carolyn Ann Vlk, the writer of Florida's Child Abduction Prevention Act, explains, "In response to a mandate of the 1984 Missing Children Act, the Office of Juvenile Justice and Delinquency Prevention (OJJPD) publishes periodic studies titled the National Incidence Studies of Missing, Abducted, Runaway, and Thrownaway Children (NISMART). The NISMART publications are meant to identify the numbers of children who are reported missing and the number of children recovered in a particular year. These bulletins consist of comprehensive studies with an emphasis on examining trends in the incidence of missing children."


The NISMART I study (utilizing data from 1988 and published in 1990) reported that there were an estimated 354,100 family abductions annually. In order to derive data for that study in regards to the number of children that are victims of a family abduction each year a household telephone survey was conducted. The survey included a total of 10,367 interviews with adult caretakers. The Population Estimates Program of the Population Division U.S. Census Bureau estimated the U.S. population at 244,498,982 in 1988. To clarify, a sampling of telephone interviews from 0.0000413% of the U.S. population was utilized to provide the statistical data that is widely accepted as being an accurate accounting of the numbers of annual family abductions.


The NISMART - 2 study, which utilized data from 1999 and was published in 2002, reported that there were 203,900 family abductions annually. This study also utilized a household telephone survey and completed interviews with 16,111 adult caretakers. Additionally, this study surveyed 5,015 youth ages 10-18 who lived in the sample households. During the study year the estimated U.S. population was 272,690,813, thus reflecting completed interviews of 0.000059% of the U.S. adult population. Once again, a small fraction of the U.S. population was interviewed as the only method of determining the annual numbers of family abductions. Critically, and troublesome is the fact that the NISMART studies did not derive any of the data relating to family abductions from law enforcement or other governmental agencies. Data was entirely compiled from random computer-assisted telephone interviewing methodology. Neither study conducted a second survey.


According to the NISMART - 2 study that used data from 1999, only 28% of the 203,900 estimated abductions by family members or 56,500 abductions were reported by law enforcement. This illustrates a great reluctance by individuals to come forward and report their cases.


Now consider that an assortment of generally accepted reports or statements from leading authorities including The National Center for Missing and Exploited Children (NCMEC). On April 22, 2002 NCMEC stated in a press release the following, “In an effort to educate the public and to provide more services to victims, the National Center for Missing & Exploited Children has released a new publication entitled Family Abduction: Prevention and Response and has recently formed a group for adults who were victims of family abduction as children. A commonly misunderstood and complex issue, best estimates indicate that there are 354,000 domestic and 16,000 international family abductions per year.”


We are unable to ascertain where NCMEC determined their 16,000 international child abductions per year. What we do know is that according to the Department of State, in several of their published statements, that there were approximately 16,000 international parental child abductions over a two-decade long period. What these inconsistencies demonstrate is a lack of data. Unknown is whether the NCMEC statement included an estimate of ‘unreported’ cases or perhaps was an error as the same ‘16,000’ yearly number is identical to the Department of State’s ’16,000’ two decade number.

Peter Thomas Senese is the author of the upcoming book titled ‘Chasing The Cyclone’ which critics have praised as an extraordinary story on international parental child abduction, love, and parenting. He stated, “Criminal parental cross-border abduction appears to be increasing in the United States and abroad at significant rates despite the fact that there is not enough accurate data required to establish growth trends in cross-border abductions. The rise of abduction in our country as well as that seen in other nations indicates that we have a global pandemic on our hands. And as more children from different nations are stolen and not returned, including our own children, citizens will inevitably voice their growing anger over the fact that their nation’s children-citizens have been abducted. The stealing of children across international borders can, and very well will inevitably create grave challenges for all nations who sit at the world’s political and economic tables."


The report 'CRISIS IN AMERICA: International Parental Child Abduction Today' researched and published by Peter Senese and Carolyn Vlk unequivocally demonstrates that new, carefully constructed research initiated by our government is immediately needed, and that the number of international parental child abductions is increasing despite efforts to stop this terrible act directed at our children-citizens.

As Senese and Vlk's report indicate, the data used and ALWAYS cited by those involved in child abduction issues are completely flawed. One of the greatest concerns that the authors express in their report is the extraordinary increases of population growth due to migratory population movement. Additionally, there are increased concerns related to abdution due to multicultural marriages or partnerships. What is clear is this: as often as we cite various statistics, some of which are indeed measuarble such as the number of reported cases to the Department of State's Office Of Children's Issues, the fact is we really do not know how many abductions are occurring because of the anticipated large number of unreported cases that exist. And as for the NISMART and NISMART II studies, the methods and technics of these surveys are highly questionabl.

Wednesday, June 1, 2011

Peter Senese: Honesty and Integrity In Child Custody Matters

As the rapidly expanding malignant tentacles known as international parental child abduction cruelly grasp at defenseless innocent children in countries around the world it is imperative that governments everywhere defend against this malice by passing and upholding local and national child abduction prevention laws. Critically, lawmakers must create abduction prevention laws while law enforcement and the judiciary must carefully uphold these laws that were created to protect innocence: our children.


As the vast majority of individuals around the world who advocate for targeted children will testify to, the most crucial component needed to fight the global war of international parental child abduction – and make no mistake: it is a war – is for child abduction prevention laws to be created and fully enforced.

Unfortunately, one of the heartbreaking issues that targeted parents face today is the great challenge and difficulties of having a court actually uphold new laws pertaining to risk factors associated with a potential child abduction. Judicial ignorance can no longer be an unspoken acceptable truth, and Lady Justice must remove her blindfold in the name of defending a child at risk of the horrific crime of parental kidnapping.

Lady Justice, hundreds of thousands of children each year targeted for cross-border criminal abduction need you to see. Today.

Before I go further, I will share an opinion many other targeted parents of abduction I have spoken to share with me: If a court handling a potential child abduction case establishes a zero tolerance policy toward any form of perjury, then the chicanery and intended fraudulent actions of a parent intending to mislead the court and abduct a child may actually be re-considered. A pretty simple policy: if you lie to the court, particularly when it comes to a child’s welfare, then you better be prepared to pay the consequences for your action: sitting in a cell for a period of time and losing your access privileges to your child that you previously may have been entitled to.

Presently, I am voluntarily assisting in several potential abduction cases, including a few cases that are located in the State of Florida. For those of you who may not be aware, on January 1st, 2011 Florida’s ‘Child Abduction Prevention Act’ that was drafted by child abduction prevention advocate and my good friend, Carolyn Vlk, became law. The law mandates judges to assess risk factors associated with a potential international child abduction and issue orders that will protect the targeted child and parent from a possible abduction.

However, in certain cases to which I am familiar with, there have been notable failures by the courts to fully utilize the new child abduction prevention law and carefully consider risk factors associated with a potential abduction as has been mandated under the new law.

Tragically, when a judge fails to uphold any child abduction prevention law, they have broken their fiduciary responsibility to protect a child. Equally, when a court fails to consider the criteria established under the new law, they are sending the worst type of message possible: that child abduction prevention laws mean nothing and would-be abductors will not be held accountable for their conspiracy to criminally abduct a child. And this – particularly when it comes to our children – is unthinkable.

The bottom line in weighing risk factors for a court is that a judge must ask this rather simple questions to themselves: ‘What if I am wrong and the child disappears? What true recourse does the targeted parent have to recover the child?”

Well, any knowledgeable judge will know that once a child is removed from their local jurisdiction and taken to another country, the jurisdiction of their court ceases to exist for all intensive purposes. Now jurisdiction belongs to the international courts, so long as the arriving country (the country where the child was illegally taken to) participates in an international treaty such as the 'Hague Convention on the Civil Aspects of International Child Abduction'. Regrettably, too many nations, including most Asian and Middle Eastern countries are not members of the Hague Convention, while other countries such as Mexico and Brazil are known to not uphold the international treaty they freely signed.

Truly, attempting to navigate an international parental child abduction is like ‘Chasing The Cyclone’.

Consider this: presently there are approximately 230 American children criminally detained in Japan due to a parental kidnapping. Japan is not a member of the Hague Convention. No American child-citizen abducted to Japan has ever been returned. Ever.

Or perhaps a judge should consider the difficulties that a targeted mother would face if her child were kidnapped to Saudi Arabia or any other Middle Eastern country. The prospect of mom safely bringing their child home is near non-existent.

So what exactly is it that a judge must do?

Act prudently at all times and in all circumstances while carefully investigating every aspect of each unique case. Additionally, the court must realize that for many, the international courts are extraordinarily difficult to navigate, that is, if a venue really even exists for a targeted parent to attempt to seek judicial intervention.

One component not often spoken about when considering risk factors is when a parent who may abduct files a (false) police report against the other parent. In scenarios such as this, the court must be mindful that international parental child abduction is a premeditated and well-planned act against both the abducted child and the left behind targeted parent, and that the parent planning an abduction is more than likely familiar with the international laws available to them that they may use to sanction their disobedience before the court.

Specifically, Article 13 of the Hague Convention reads:

Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that –

a) the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or

b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.

The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.

In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child's habitual residence.

When a parent who is believed to be a potential abductor files a police report against the other parent the court must consider the validity of the complaint and move with great caution because the potential abductor may have now created a plausible but misleading defense under Article 13 of the Hague Convention that a return of the child back to the child’s country of origin may not be in the best interest of the child.

Thus, court’s must be especially mindful that if a parent is able to illegally depart the country of origin with the child, the difficulties of the targeted parent being able to legally return the child has grown exponentially. This said, the court’s must also consider if a complaint may be valid and act accordingly in the name of the best interest of the child.

The bottom line is this: we’re living in a multi-cultural society where individuals from around the world meet and have a child. At times, like in any other relationship, couples will separate or divorce. Unfortunately, too often the child of the partnership is used as a pawn in order to cause great hardship and pain to the targeted parent. International child abduction occurs, and is growing at substantial rates as shared in the report Carolyn Ann Vlk and I have published titled ‘Crisis In America: International Parental Child Abduction Today’. And most concerning is the fact that certain government policies such as the Western Hemisphere Travel Initiative have created loopholes for abduction (Click Here to read Peter Senese and Carolyn Vlk's report)

Therefore in lieu of the rapidly growing epidemic now at hand, it is the courts and their sitting judges who offer children with their best defense so long as these judges do not put their head in the sand and mistreat the issues of a potential threat of abduction with an uneducated view of the seriousness of the matters at hand. In order for a court to fulfill its duty to the child-citizens they are obligated to protect, a judge must consider all the risk factors of a potential abduction and act swiftly, boldly, and with action that will secure the safety and welfare of both targeted child and targeted parent.

Perhaps the best overall indicator of an abduction threat is when a parent with strong ties to another country is found to be dishonest to or mislead the court during any matters when it comes to the welfare of a child. Perhaps if the courts upheld the integrity of the procedures before them, including holding a parent accountable for perjury or contempt, judges may be able to prevent the cruelty of storms from descending on a child. Perhaps each court hearing involving a child’s welfare should begin with a judge saying, “Welcome to my courtroom. I want both parties to know that if either of you act in any dishonest way or fail to obey my direction in any capacity, I will hold you in contempt of court. Now let’s proceed.”

For more information on international parental child abduction please visit Chasing The Cyclone. To visit Peter Thomas Senese's official website, please Click Here.