Peter Senese is a best-selling author writing primarily in the historical fiction genre. Published books include Chasing The Cyclone, The Den of the Assassin, Cloning Christ, War on Wall Street, and In Their Own Words. As the Founding Director of the I CARE Foundation, Peter has played an important role in the U.S. outbound abduction rate declining by 38% since 2009. As demonstrated by dozens of sworn testimonials, Peter has assisted many families either reunite with their children.
Monday, June 27, 2011
International Espionage Thriller 'The Den of the Assassin' by Best-selling Author Peter Thomas Senese To Be Released On E-book On July 14th
Author Peter Thomas Senese is pleased to announce his international espionage thriller titled The Den Of The Assassin will be released in e-book worldwide on July 14th, 2011 and will be available on all e-book platforms.
Critics have praised The Den Of The Assassin as an international financial espionage thriller steeped in the modern-day realities of our world, providing the story a visceral prescience teeming with realism and frightful possibilities of global terrorism, and Senese as a masterful writer of international intrigue.
Peter Thomas Senese commented, “For reader who enjoy fast-paced, multi-dimensional plots based upon historical events and plausible possibilities relevant to the world we live in today, The Den Of The Assassin takes audiences on a thrilling global geopolitical journey that evolves around New York City’s Wall Street.”
The Den Of The Assassin opens in New York City, where an unassuming investment banker, Tyler Boxter, is preoccupied with his all-consuming career that acts as a personal shield against the trappings of life that hide guilt and pain and memories he doesn't want.
A mysterious theft leads Boxter from the sanctity of his Wall Street office and thrusts him into the dark world of international terrorism -- where zealots stir in the brutal desserts of the Middle East, where dark, sunken eyes look into the abyss of Siberia's desolate terrains, where prisoners -citizens- who live on a remote peninsula in Asia would rather submit to isolationist cleansing than feel the wrath of a deceitful troll intent on destroying the ideals of the West.
Unknown to Boxter, he is about to play a sophisticated but explosive game against a madman who is more savage and merciless than the winds of an atomic holocaust. From the current resurgence of former-KGB hard-liners in Russia and the corrupt oligarchs who control the black-market of the weapons trade, from the isolationist mountains of North Korea to the sweeping deserts of the Middle East, from the looming specter of biological warfare to the ways in which terrorists hide and wash their money, from the arcane methods by which corporate America funds itself to the inner workings of Wall Street's war rooms, to the secrets hidden behind the walls in Beijing, to the unthinkable intent of the once mighty Persian Empire, 'Den Of The Assassin' is an informative, compelling, spin-tingling international espionage thriller that will keep readers turning through the pages.
The Den Of The Assassin will be released in e-book on July 14th, 2011 and is presently available in hardcover form from traditional retailers and online merchants. The Den Of The Assassin was initially released in hardcover prior to the author’s unexpected race into the cyclones of international child abduction. Chasing The Cyclone, inspired by Peter Thomas Senese’s experiences in this area, will be released in hardcover later this summer.
Peter Thomas Senese in the author of numerous historical fiction novels. For more information on The Den Of The Assassin or Peter Thomas Senese, please visit http://www.petersenese.com/.
Thursday, June 23, 2011
Global Child Abduction Crisis Enabled By Failures To Implement Worldwide Passport Travel Requirements For Children
Child advocates from around the globe are expressing outrage over world governments' continued failures to protect millions of defenseless children targeted for criminal abduction each year by monsters who facilitate the unforgiving crimes of internationally abducting or trafficking children. International border-crossing policies often do not mandate that children traveling abroad present a valid passport to border agents if a child is traveling by land or sea. When a child is stolen and illegally removed from their country of origin by either a non-stranger such as a parent, or is a victim of a stranger abduction, that child has been criminally kidnapped. The traumatic consequences placed on the kidnapped child are severe. The majority of these defenseless victims will never recover from the physical and emotional abuse directed toward them. Some of these children are unable to recover: they are lost forever. Presently, international air travel by a minor requires the presentation of a valid passport. However, many nations including the United States permit the submission of a photocopy of a child’s citizenship papers such as a photocopy of a birth certificate as an acceptable travel document for a minor age 16 or younger when traveling abroad by land or sea.
Unquestionably, lax and reckless travel document policy requirements associated with minors traveling by land or by sea have created a colossal legal loophole - a black hole - for child-thieves and smugglers to criminally transport and remove targeted children from one country to another until they are inevitably gone forever. Undeniably, by the sheer size of the pandemic at hand, predators are utilizing these legal loopholes in alarming, yet relatively immeasurable numbers.
Inconceivably, many countries including the United States, Canada, and nations in the European Union have policies in place that allow for a child 16 years old or younger traveling abroad by either land or by sea to only present to border officials a photocopy of their proof of citizenship such as their original birth certificate.
Child abduction prevention advocates and researchers Carolyn Ann Vlk and Peter Thomas Senese, have previously published several landmark reports including 'International Child Abduction and Human Trafficking In The Western Hemisphere' and 'Crisis In America: International Parental Child Abduction Today'. They are currently leading a research team that will publish findings on the global epidemic of child abduction and child trafficking as it relates to legal loopholes and other related flaws associated with a child’s international travel documentation requirements. The highly anticipated report titled ‘Global Child Slavery and International Child Abduction Associated With Travel Documentation Requirements' will be released in mid-July, 2011.
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Chasing The Cyclone by Peter Thomas Senese |
‘Chasing The Cyclone’ author and child advocate Peter Thomas Senese commented, “It is disturbing to realize that various governments from around the world have turned their responsible eyes away from the most often used illegal border-crossing strategies implemented by predators involved in international abduction as well as in the trafficking of children: illegally transporting a child into a country by land or by sea using fraudulent documentation due to a senseless policy often implemented stipulating that a child does not need to present a valid passport at a border-crossing unless the child travels abroad by air. This is insane. Our children demand more from each of us. Any international travel documentation policy that does not include a child being required to travel with a valid passport is a policy that does not address the issues of the safety of children. The upcoming report ‘Global Child Slavery and International Child Abduction Associated With Travel Documentation Requirements' will not only demonstrate how outlandish these non-passport requirement policies are, but hopefully it will also educate judges, law enforcement, and policymakers about just how critical and widespread these issues are. Having such laws in place will also give judges and law enforcement personnel additional tools they need to prevent the kidnapping of a child before it occurs, as once the removal takes place, it is that much more difficult and expensive to remedy.”
In fact, many governments' immigration, borders, and customs agencies publicly and privately have voiced that excessive travel documentation fraud has given rise to dramatic and sweeping increases in the number of international child abductions and human trafficking cases around the world. According to law enforcement officials worldwide, the most effective means to determine if a child is legally traveling abroad is by checking the child’s passport. Nevertheless, even the presentation of a valid passport may not alleviate all illegal removals, particularly those connected to an international parental child abduction due to the potential issuance of a secondary passport related to a child’s possible dual citizenship. However, access to real-time government records associated with a valid passport provides border agents better insight into who is legally crossing into their nation's borders.
Unquestionably, travel documentation requirements that do not require a child to present a valid passport when traveling abroad by land or by sea have created a worldwide malignant epidemic that continues to destroy millions of lives each year. This plague is so wicked and ubiquitous that it is often acknowledged by governments and leading human rights advocates around the world as one of society’s greatest shortcomings. Undoubtedly, there is no one solution; however, it is evident to those familiar with international child abduction and human trafficking that one sure-fire way to turn the tide against the most evil of fates awaiting innocent children targeted for international abduction is to mandate that every child traveling abroad present a valid passport.
Carolyn Ann Vlk, drafter of the State of Florida’s landmark ‘Child Abduction Prevention Act’ and co-author of numerous research reports on child abduction commented on the need to conduct research on the global dilemma of abduction and trafficking as it is related to significant gaps in travel documentation requirements for children traveling abroad. “My volunteer advocacy in the area of child abduction prevention has allowed me an unobstructed view of the horror the families of a targeted child face. I've spent an incredible amount of time investigating and analyzing current legislation, policies, and trends relevant to child abduction and I have uncovered significant loopholes that are allowing children to be victimized through parental child abduction and human trafficking. In the report Peter Thomas Senese and I published concerning the Western Hemisphere Travel Initiative (WHTI), we realize the policy was intended to prevent abduction and trafficking from occurring but in reality it facilitates the cross border abduction of children through its deficiencies. WHTI allows for the travel requirements of children to vary depending on if they are traveling by land, sea or air. In our upcoming report titled ‘Global Child Slavery and International Child Abduction Associated With Travel Documentation Requirements' we will publish our findings concerning travel documentation issues as they relate to child abduction and slavery issues. Our future published findings will demonstrate the urgent and critical need for uniform travel requirements for children, including a passport requirement for all modes of travel. Without uniform passport requirements, society will continue to embrace child abduction and child trafficking, and this is completely unacceptable.”
Janice L. Jacobs, Assistant Secretary of State for Consular Affairs stated in the ‘Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction’ previously submitted to the U.S. Congress that "Unfortunately, current trends reflect a steady increase in the number of international parental child abduction cases and highlight the urgency of redoubling efforts to promote compliance with Convention obligations and encourage additional nations to join the Convention." She also writes, "Very few options exist for parents and children who are victims of parental child abduction."
Florida lawyer Patricia Lee, a prominent, successful international family law attorney who is of counsel to the international law firm of Urban Thier Federer & Jackson, and who has substantial familiarity with international parental child abduction cases added, “As a family law practitioner who frequently deals with international issues, I see the risk of, and actual incidences of child abduction growing proportionately to our world shrinking. The failure, or inability, of courts to aggressively pursue reasonable precautions to proactively prevent such abductions is a crime in and of itself. Once an abduction has taken place, the left behind parent faces a morass of legal issues that are not only difficult to surmount due to language and cultural differences, but are also prohibitively expensive for the ordinary parent. The backlash is often permanent, and goes without any redress at all. Our best recourse is to prevent the removal of children at risk prior to it occurring, and we absolutely must have laws and procedures in place that allow us to do so. Anything less is simply irresponsible, and inhumane on a global scale. Children across the world deserve these simple safeguards from such abduction and victimization.”
Ernie Allen, President and CEO of the National Center for Missing and Exploited Children and International Centre for Missing and Exploited Children previously addressed the crimes against children when he said, "The problem of missing, abducted, trafficked and sexually exploited children is large, growing, under-recognized and under-reported." In addition, Mr. Allen commented that, "Children are the leading victims of violent and personal crimes in this country, victimized at a rate twice as high as the general population." Continuing he stated, “Children are the single most victimized segment of our population. Even with all of the progress we have made, most Americans still don’t understand that basic fact. According to Justice Department research, more than 2,000 children will be reported missing in the United States today!" Mr. Allen added, "The numbers are staggering. The tragedies continue and too many children do not make it home."
San Francisco based Gloria Nyberg, who has dedicated several decades of her life to successfully and safely bringing home children criminally abducted abroad added, “Documentation falsifications is a consistent aspect of travel for children being transported from one country to another, particularly in South and Central America. Children disappear daily, where they are eventually sold and distributed around the world to beasts trading in the child sex slave industry, to drug dealers increasing their cartel’s presence, or are simply killed for their body organs. Without upholding passport travel requirements for children traveling from one country to another, we are in fact responsible for the monumental problem on our hands that has been partially created by our own failures to protect our children. It is time that we act responsibly as adult citizens charged with protecting innocent children. Indeed, we have an obligation to do our very best to prevent the facilitation of international abduction and child slavery. It is critical that each government adopt a passport-only travel documentation policy for children traveling abroad. Anything less than this is irresponsible.”
Pamela Michell, the remarkable founder of Survivor On A Mission and a leading global advocate spearheading public awareness of human trafficking and slavery issues stated, “Today, there are tens of millions of child slaves with no hope for a future. Kept silent through fraud, force or coercion, children around the world are stolen from their communities in epidemic proportion. Most are forced into slave labor, some caged for sexual exploitation, others await the harvesting of their vital organs, while others abducted live a life on the run...each enduring trauma and danger few will overcome. Strong action is needed now by all governments to protect our children’s' future. Critically we call upon the creation and enforcement of global laws that require a passport to be presented any time a minor travels abroad. Without this, the massive amount of travel documentation fraud that exists today that accounts for an inconceivable and incredulous number of innocent children to be targeted victims of abduction and slavery crimes will continue to rise. As global citizens, we demand more from our governments. Our children expect better from each of us."
International child trafficking and child abduction continues to grow at rapid, uncontrollable, and extraordinary rates. Alarmingly, there still remain achievable protective protocols that can substantially make a difference in the war against child abduction and slavery. One of the most important tools each nation has available to combat the evil of child abduction is to require all children to present a valid passport when traveling abroad. Peter Thomas Senese added, “What is at stake are the lives of millions of targeted children each year. Simply put, we must modify existing laws to include passport presentation for all travelers abroad regardless of age.”
Saturday, June 18, 2011
Geopolitical Best-selling Author Peter Thomas Senese Announces E-Book Series Launch
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
'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 |
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 |
Paradise Cove Malibu |
Friday, June 17, 2011
Critically Acclaimed Author Peter Thomas Senese Announces E-Book Launch Of His Previously Published Historical Geopolitical Thrillers.
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
'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 |
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 |
Paradise Cove Malibu |
Tuesday, June 14, 2011
New York's 'Digital Impersonation Prevention Act' Legislation Offers Victims Hope Against Online Malice
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.
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
Best-selling Author Peter Senese Supports New York State Legislation For 'Digital Impersonation Prevention Act'
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.
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.
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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.
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