Monday, October 30, 2006

from one of our teenangels on doing her first presentation on cyberbullying....I love these kids!

Dear Ms. Aftab,

At first I was extremely nervous. I read over my lines (in the role play) millions of times thinking I would freeze on stage. Though, my anxiousness subsided eventually and I was able to calm down with the help of the Teenangles support group that came along.
Walking into the school was a new experience in its self. There were tons of middle-schoolers grouped in circles around the building. Workshops were going on everywhere I turned and a significantly large presentation happening in the auditorium. The women who were heading the day’s events kept coming over to us and thanked us for coming. This made me feel important and very proud.
When our time finally arrived to present our cyberbulling slideshows the nerves were eliminated. Instead of stage fright I was filled with excitement and awe at the 900 some odd people that faced me. The first part of the PowerPoint went smoothly. The only technical difficulties we encountered came during “The Game Boy Ploy”; my part!!! Not to worry, my partner and I read through our parts clearly and enthusiastically; even better than I had imagined! I was astonished that we pulled through so well.
We received a huge applause and a big thanks from the school. The day, the presentation, the entirety of the experience was one that I am glad I was able to be a part of and one that will be hard to forget.

Gianna
New Rochelle Ch.1

Sunday, October 29, 2006

Saturday, October 28, 2006

ParryAftab's Xanga Site - some of our pics

check out my new xanga blog. I'll try and cross post from blog to blog.ParryAftab's Xanga Site - some of our pics

Congratulations to AOL on selecting Jules Polonetsky as their new CPO and Sr VP Consumer Advocacy

We are happy to see Tatiana moving into a new opportunity and thrilled to see that her seat has been filled by one of our advisory board members, Jules Polonetsky. A longtime advocate for privacy and consumers, Jules has in recent years been heavily involved in working with non-profits and families on child safety issues. Here is what AOL shared about the move:

Jules Polonetsky has been promoted to Chief Privacy Officer and Senior Vice President, Consumer Advocacy, reporting to Randy Boe. Prior to joining AOL in 2002, Jules was Chief Privacy Officer at DoubleClick. He also served as the New York City Consumer Affairs Commissioner for Mayor Rudolph Giuliani.

In his new role, Jules will lead all activities related to AOL's privacy policies and procedures. He and his team will work to formulate and enforce standards for a wide range of consumer issues, including privacy, ad policy, accessibility, content guidelines, community practices, child safety, and general online security. This team will also launch education and communications initiatives across AOL to their commitment to consumers and privacy.


congrats Jules!

You never know who you are talking to online...that cute 14 yr old boy may not be cute, may not be 14 and may not be a boy. IM

Intro to our new new cyberbullying video...

Thursday, October 26, 2006

cyberbullying...


when kids hurt other kids online or using any interactive technological device it's called "cyberbullying."
this public service advertisement teaches kids how to avoid becoming a cyberbully and how to avoid becoming a victim.

Moms and cyberdating...

For years sexual predators have taken advantage of women they marry or date to gain access to their children to molest them. The growth of cyberdating and explosion of social networks for adults who are sharing information about their children (including pictures) have allowed predators to "shop" for the kids and young teens they want to sexually exploit.

Once they identify the kids, meeting the mother and arranging to meet her children is easy.

While many moms are careful about protecting their children from online sexual predators and themselves from cybercreeps, many more don't realize how the Internet can be easily used to give child molesters willing to pose as a lonely boyfriend access to their children.

If you ae cyberdating, be careful to protect yourself. And if you are posting information about yourself online, don't include images or descriptions of your children. At least not if you are advertising to meet someone in real life. If you are cyberdating, take it slower than real life dating. Don't bring the person home and remind your children that they come first. so they will know to trust you with information is this cyberboyfriend does things that make them feel uncomfortable.

it's a hidden risk of cyberdating and cyberrelationships.
be knowledgable...be prepared...be safe.

Parry

Monday, October 23, 2006

Communication and Education Key to Keeping Kids Safe Online - Government Technology

I am always so proud of the teenangels and they and I were all excited to hear Gina's take on their presentations at the cybersafety summit in California.Communication and Education Key to Keeping Kids Safe Online - Government Technology

Wisconsin State Journal - teenangels

Hortonville Wisconsin teenangels on PBS show.Wisconsin State Journal

Chat transcript: Internet lawyer Parry Aftab on the Mark Foley scandal on CourtTV.com

Chat transcript: Internet lawyer Parry Aftab on the Mark Foley scandal on CourtTV.com

thoughts form one of our NJ teenangels about her first presentation to other teens.

When I stepped foot in Howell Middle School, I basically knew I'd be
>talking a bit about things like how to keep kids like ourselves safe on
>the internet as well as how to deal with internet bullying and the
>Teenangels program. It was my first time being part of a formal
>presentation where the audience was more than just my friends and peers
>listening, so I wasn't even expecting kids to really pay attention to
>me or even care about what I had to say. I can definitely say that I
>was shocked at the high participation level of the kids when I did my
>part of the presentation and got them to guess certain statistics and
>let me know what they thought about it. The response gave me this
>remarkable sense - and made us Teenangels realize that we were making
>some sort of a positive difference! Although it was obvious that some
>kids just can't be bothered with caring about anything, I could tell
>that others were certainly affected by some of the stories we brought
>up. I would truly consider it an accomplishment if even one kid made
>changes to be safer online after listening to us speak. At the end of
>the presentation, three girls came up to us and asked us some questions
>and were even surprised to know that most of us had pages up on social
>networking websites like Myspace and Facebook. I think it made them
>realize that we weren't telling them not to do it, but to be safe while navigating them. Bringing that reality to them made them think of us more as role models, rather than teen police!
>Overall, I loved the whole experience and having the opportunity to
>share what we knew with other younger teens who will benefit from it.
>I'm really looking forward to continuing my work as a Teenangel.
>

Sunday, October 22, 2006

Teenangels to the rescue -| Summit tackles Internet sexual predators

MercuryNews.com | 10/19/2006 | Summit tackles Internet sexual predatorsLearn a bit about our incredible teens...

okay...what can we do about cybersafety?

I devote my life to helping people stay safer online and while using wireless and mobile devices. This includes helping kids, preteens and teens do the same and helping parents, siblings and grandparents keep the kids they love safer in cyberspace.

yet, the more I do, the more I have to do. Sometimes I feel like Mickey Mouse in the Sorcerer's apprentice trying to sweep out the raging waters.

This task requires the help and involvedment of many stakeholder groups - parents, extended families ad other caregivers; school administrators, librarians, educators and youth counselors and organizations; legislators, non-profits and governmental agencies; law enforcement, school resource officers and members of the judiciary system; the Internet, mobile technology, gaming and electronic device industries; and the kids, preteens and teens themselves.

In California, the Dept of Consumer Affairs hosted a cybersafety summit sponsored by the Governor of Califorinia. For the first time in the US all major stakeholders were brought together to share our expertise and find ways to collaborate.

It was a welcome change over the sometimes partison conferences, and events designed to promote products or programs of special interest groups.

I had just flown back from Greece where I keynoted a conference sponsored by the EU cybersafety program for Greece. For the first time, we decided to share and license our programs to another group in the field. Our Greek Teenangels program will launch this Fall. And all our educational programs, curricula and materials will be translated and adpated by the group in Greece and delivered on our joint behalf, without charge.

It has been years since we started doing this. WiredSafety is the world's largest and oldest Internet safety group, first starting its work under a prior name in 1995.
Since then, many gorups have been spawned from us and many more have adapted our materials, programs and resources (sometimes even with our permission :-)).

Standing at the podium, where we opened the first panel at the California summit, I looked out over the packed house and saw the other leaders in cybersafety. Marc Klaas, a man I admire greatly, delivered the keynote. The incredible San Francisco DA spoke, along with Chris Kelly (Facebook) and others. Yahoo's Safely team was there, with Catherine Davis, the founder of Yahooligans. So was Google, Microsoft and law enforcement groups galore.

It would have been great to have us all sit down and let us share our thoughts and find ways ot put our egoes behind us and work together. Years ago, there was no one else in the field. A few of us were all there was. I came form cyberlaw and policy, as a privacy and security lawyer. I also used the volunteer approach to get things moving from the grass-roots model. Later our teenangels program became the first (and still only) expert youth training program.

Larry Magid worked from the technology perspective. He used to be a columnist with the LA Times on technology and brought that expertise to the field. He later collaborated with NCMEC and later Anne Collier.

Donna Rice Hughes came at this from the anti-porn perspective, representing the more conservative religious right perspectives. She later branched out into other issues. (Donna wasn't at the event.)

Debbie Mahoney founded the first moms program, soc-um (safeguarding our kids - united mothers), against pedophiles online long before any of us thought about cybersafety, four years before the web was launched.

Now, new groups and experts and wanna-be experts join our ranks daily.

I think it's time to look at what we are doing and find a way to work together. It's time we all join forces and put the kids first. It's time we compete less.

I'm willing. Is anyone else?
it's time...
Parry

wcbstv.com - Family First: Parents Guide To Video File Sharing

Video sharing sites and cybersafety. what does wiredsafety.org have to say?wcbstv.com - Family First: Parents Guide To Video File Sharing

Wednesday, October 11, 2006

My angel...."Jazz"

A few years ago I met one of our volunteers. She was caring, well-liked and gentle. She also made the mistake of offering to talk with me about doing more. I am famous for recruiting people for their skills and/or caring. She didn't know that at the time. I saw something special in her, never having met her in RL, judging her only on her online tone.

I tapped her ot help me build teenangels.org into a formidable force, empowering teens to help themselves and each other stay safer online.

I also asked her to cover for me on the John Walsh Show (since cancelled) that was honoring our teenangels. I scanned the audience for her, when I watched the show on TV. All I could see what this beautiful, well-mannered blonde with a warm and wonderful smile sitting in "Jazzangel's" seat. I didn't know who this woman was. It never occured to me that the one who had such a beautiful heart also was beautiful in a classic sense.

Rose (having since given up her screen name as one of the top three execs within WiredSafety.org) has created one of the most effective and efficient teams wiredsafety has ever had, and has taken teenangels from Parry's dream to a national and international reality.

Today she had a special birthday. I won't tell you which, because you would never believe me. I want to thank her for all she has done, and for all she will do...for her vision, patience and kindness...for being my angel and the angel of all those teenangels and tweenangels now and in the future.

Happy Birthday Rose.
with love and thanks,
Parry

thoughts from teenangels....

Heard in Rye Speaker Series September 12, 2006
Reflections of Kate Coloabella and Gianna Curcio


We as Teenangels (Kate and Gianna) attended Parry Aftab’s seminar in Rye, NY. The Seminar was held for parents who wanted to know more on how to protect their children from the dangers of the Internet. The session began with Ms. Aftab speaking about the developments of Wired Safety and her many other organizations including Teenangels, Tweenangels and her upcoming Wired Moms. Parry Aftab further enlightened the parents on the programs’ policies and views on keeping the internet safe. She advised the group on how to better their child-parent communication, concerning the risks that they might face. All of the crucial points that Ms. Aftab touched on were presented in a slideshow that she created. In the time remaining, the parents had a chance to pose their individual questions for Parry to answer.
We as Teenangels found the seminar to be an interesting and enjoyable experience.
Being that this was our first, certain things came as a surprise to us.
Before the discussion, we knew of only three social networking sites (MySpace, Facebook, Xanga) but, we soon discovered just how wrong we were. When Parry spoke on the subject, the list seemed to go on forever! Also, when the parents were sharing their own experiences with their children on the Internet, we came to find that some knew a lot while others seemed clueless.
From the very beginning of the session one could tell that Parry possessed a certain ease that made her easy to talk to and understand. She was so passionate in her views that the listener could tell that she was definitely in the know. Parry was able to hold the attention of the room, keeping it fun, while discussing serious issues.
Above all, we felt great representing Teenangels worldwide! It was an honor to be recognized as we stood beside Parry Aftab in teaching parents the facts on Internet safety!!

what you can teach kids and teens in 45 minutes...

I was invited to fly out to a Marine Base in Yuma to work with the teens and kids from their local youth center on cybersafety. We interviewed te of them on camera before I did the presentation. We discussed one on one what they thoughts about cyberrisks and what they would recommend to another preteen or teen to stay safer online. One young girl thought the greatest cyberrisks were related to compauters falling on you. 45 minutes later, she was explaining that people try to trick kids into giving away information to sell them things or trick them, and that you never know who someone is online. Another girl (12 years old) thought that having a myspace if you aren't careful can cost you your life. She also thought that MySpace should keep all boys over 14 off their site.

I have been working with kids for ten years on these matters. They always impress me. My teenangels.org volunteers are among the most talented and expert in the world. But what a few kids can learn in 45 minutes, when someone does a fun and interactive presentation, amazed me. It works.

Want to help? Let's each promise to spend 45 minutes to keep our kids and their friends safer. I'll share with you whatever you need to do it.

Check out the video. Amazing. (I love that ten year old!!!!).

join us...

Tuesday, October 10, 2006

kutv.com - Parent To Parent-New Web Worries For Parents

YouTube...it opens the web up to amazing possibilities. We can (and do) run our safety videos there. It's the first way we could broadcast video in larger files. But it also has risks. Parents should read about our YouTube safety tips, and remember they apply equally to Google video and myspace video among others. You may want to look at our new 3Cs safety program, which allows families to spot risks without having to get a degree from MIT>
kutv.com - Parent To Parent-New Web Worries For Parents

Monday, October 09, 2006

selling term papers online...it's a crime!

NY law provides that people who sell term papers to others are committing a crime. While the student himself might be discliplined and expelled for using a term paper written by someone else and proffering it as their own, this law is designed to reach the seller.

Recently I was asked if the law would apply to the sale of term papers online. It should. NY (and other states) have what is called a "long arm statute") that permits the state to reach beyod its borders, online and offline, to apply its laws when the person has reason to know that NY state laws might apply to them. While there is a long list of cases and academic writings on this, the short answer is that if the person knows they are dealing with NY residents, is advertising to NY residents or has some kind of contact in NY, the laws could apply.

Several other states have similar laws.

Sale of term papers - NY law:

Title I, Article 5, Section 213-b of the New York State Education Law provides in pertinent part that: "No person shall, for financial consideration, or the promise of financial consideration, prepare, offer to prepare, cause to be prepared, sell or offer for sale to any person any written material which the seller knows, is informed, or has reason to believe is intended for submission as a dissertation, thesis, term paper, essay, report, or other written assignment by a student in a university, college, academy, school, or other educational institution to such institution or to a course, seminar, or degree program held by such institution."

selling term papers online...it's a crime!

NY law provides that people who sell term papers to others are committing a crime. While the student himself might be discliplined and expelled for using a term paper written by someone else and proffering it as their own, this law is designed to reach the seller.

Recently I was asked if the law would apply to the sale of term papers online. It should. NY (and other states) have what is called a "long arm statute") that permits the state to reach beyod its borders, online and offline, to apply its laws when the person has reason to know that NY state laws might apply to them. While there is a long list of cases and academic writings on this, the short answer is that if the person knows they are dealing with NY residents, is advertising to NY residents or has some kind of contact in NY, the laws could apply.

Several other states have similar laws.

Sale of term papers - NY law:

Title I, Article 5, Section 213-b of the New York State Education Law provides in pertinent part that: "No person shall, for financial consideration, or the promise of financial consideration, prepare, offer to prepare, cause to be prepared, sell or offer for sale to any person any written material which the seller knows, is informed, or has reason to believe is intended for submission as a dissertation, thesis, term paper, essay, report, or other written assignment by a student in a university, college, academy, school, or other educational institution to such institution or to a course, seminar, or degree program held by such institution."

Sunday, October 08, 2006

Behind every picture there's pain....


child porn is more than a picture. it's a picture of a crime being committed.
we have to stop it. we have to stop talking. we have to do something.
post this image on your site, blog or profile. If enough people get angry, we can make some changes.

want to help?
visit wiredsafety.org.
I need more help. the problem is getting worse.
it's time.
Parry

The horrors of being a teen online....

I just received a report from a young teen who attends a school where I had done a cybersafety presentation last Spring. She forwarded a link to a child pornography website that had been sent to her, showing young chldren engaged in sexual activities with adults and sometimes other children. She asked me to have it taken down and find the people behind the site.

What do I tell this young teen? Things like this are not what anyone, especially a young teen, should have to see. And the molestation being portrayed is something no child should have to endure.

It's one thing for me to testify before Congress on child pornography in cyberspace. But these are more than just academic issues to be discussed before television cameras. I recently returned from a European Union cybersafety summit in Greece where I was the keyote speaker. I told the story about how I got into all of this. (I saw a picture of a 3-1/2 yr old being raped online. I responded by vomiting, crying and shutting down my law firm to fight against these kinds of things. Thousands joined me in the fight.) Many approached me telling me that it was a moving but depressing beginning to a summit.

A few hours later we learned that the first Greek bust of someone possessing and perhaps trafficking in child porn had just occurred. An infant was molested in a manner I cannot describe. I cried until I couldn't cry anymore and then stared at my computer screen for hours. Why is the problem getting worse? (It is.)

And why do our teens and preteens have to be exposed to adults asking them for their bra size or instructing them on how to engage in real or virtual sex with them?

Children are being hurt every single day. And our teens are subjected to e-mails with links to things we can't imagine in our worse nightmares.

and then I think about Congressmen who have dedicated their time in Congress purportedly to protect children from these kinds of pain. And find out that he has admitted to sending "inappropriate" communications to pages working on the Hill. And his counsel broadcasts that he was molested as a teen, has a problem with alcohol and isn't a pedophile. And that's supposed to excuse this somehow...

It's time that we say "enough!" Enough to excuses for doing things adults should't do to minors (whether or not technically legal under existing laws). Enough for people who think checking into rehab is the right response to doing things that everyone knows is wrong. Enough to people in positions of trust and authority for misusing both.

am I angry?
you bet!
and you should be too.

Parry

Experts cite need for online parenting (October 8, 2006)

all parents are clueless when their kids online lives are involved. I was too. I just cheat, because I work with teens who help me understand what other teens are doing online.

I cannot say this often enough...IT'S NOT ABOUT TECHNOLOGY - IT'S ABOUT COMMUNICATION AND OLD-FASHIONED RIGHT AND WRONG AND PARENTING. YOUR CHILD MAY KNOW MORE ABOUT TECHNOLOGY THAN YOU DO, BUT YOU KNOW MORE ABOUT LIFE. YOU SHOULD NOT BE YOUR CHILD'S FRIEND. THEY HAVE ENOUGH OF THOSE. YOU SHOULD BE THEIR PARENT. IT'S YOUR JOB TO MAKE SURE THAT THEY UNDERSTAND RIGHT AND WRONG AND YOU ARE THERE TO HELP STEER THEM.

This journalist started the interview with a question, apologizing about asking what non-techy parents should be doing to keep their kids safe online. I explained that no parent knows enough about this. I work with high-tech company execs and software designers who don't know how to do this. why? because kids use the technologies differently from the way we do as adults. So...remember to repeat after me "I am the parent." "Because I said so." "It's my house and when you live in my house you follow MY rules..." got it? sound familiar?

good. :-)Experts cite need for online parenting (October 8, 2006)

Saturday, October 07, 2006

KTLA The CW | Where Los Angeles Lives | Are Web Sex Predator Watchdogs the Good Guys or Grandstanders?

I haven't been shy about my disregard for the tactics of Perverted Justice. I want bad guys behind bars, not on TV. After the first show, four of those apprehended in the bust called me asking for representation. They had obviously found either my blogs or aftab.com and somehow missed the part about my now donating most of my time to protecting people, especially children, online. I politely declined. :-)

Happily for those of us who care about protecting children online, many cyberpredators are not very bright. They often use their real names and in some highly publicized cases, for top internet executives and homeland security types, send magazine articles about themselves, bragging about their fame, success or something else that ties back to whom they are in real life.

For the last eight years I have donated most of my time and money to my cause of making the Internet safer for everyoe while promoting its use. I take this very seriously. My thousands of volunteers are not paid consultants to TV networks. We have been doing this for 11 years, and do it for love, not money.

I will continue to criticize Perverted Justices work and tactics. Everytime they entrap someone, that predator walks. Those naive enough to plead guilty, instead of finding a qualified lawyer, might find themselves in jail. But anyone with two brain cells to rub together will call a lawyer and given the group's inexperience will probably find an easy out of jail. Embarassed, no doubt, but now better able to avoid the next sting.

my 2 centsKTLA The CW | Where Los Angeles Lives | Are Web Sex Predator Watchdogs the Good Guys or Grandstanders?

Wednesday, October 04, 2006

Piczo Plays It Safe

a good article highlighting Piczo's safety practices and I appreciate the heads up about some of their privacy gaps. But one item eeds correction. They didn't retain me. Our safety tips appear as a public service of WiredSafety.org, the watchdog and safety charity I run. Piczo work with us to make sure their site is safer than some of the others. So, they have our tips, but becasue they deserve them, not becasue they hired me to write them :-)
Piczo Plays It Safe

Tuesday, October 03, 2006

Mark Foley - is engaging in sexual discussions with a minor online a crime?

I have been called by legislators, law enforcement and media, all asking the same question - is what Mark Foley did in e-mails or IMs with former pages a crime? Can he be charged with a crime? Although I covered this last night for the ABC Nightly News team who broke this story, it will help others understand what is and what isn't covered by US laws. And, while boring, a review of the law might help us determine if we need more legislation or clarity. The bottomline answer is "It depends on whether there is proof of his intent to engage in more than just chatting about sex." And the jury is still out on that.

Before I lay it out, I need to explain some of the conditions/assumptions. In the US there are state (or local) and there are federal laws. In the case of child sexual exploitation, there are often both state and federal laws, sometimes conflicting and sometimes complementing each other. This response covers Federal laws and references NY laws, as well. (Although I have no reason to believe that NY laws would apply.)

I have seen some of the communications. I am not sure if all of those I reviewed have been made public or not. I suspect that more communications will be discovered as time goes on and more young men or witnesses may come forward. So, this is based on what I have seen to date.

The most important laws covering online communications with minors involving sexual activities is Title 18, Section 2422 (a) covers someone who is trying to get the minor to travel across state lines (and also covers Internet communications as federal commerce) and provides:

"(a) Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both."

Title 18, Section 2422 (b) covers someone who is trying to get a minor to engage in sexual activities which would constitute a crime, and provides:

"(b) Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 5 years and not more than 30 years."

The important provisions for this law to apply require that 1. the minor is under 18, 2. the adult "knowingly" is involved in this activity, 3. they have gotten the minor to, or are trying to get the minor to, "engage in any sexual activity for which any person can be charged with a criminal offense."

As in all criminal laws within the United States (with a few exceptions not relevant here), intent (or "mens rea") is essential. The prosecution must prove that the person charged with the crime intended to engage in the criminal activity. In this case, the criminal activity would have been engaging in criminal sexual activity with a minor. But just talking about it, without proof of intent to act on it, may not be enough.

The law is very clear that not all sexual activity is covered. Only sexual activity "for which a persona can be charged with a criminal offense." Verbal or written communications, unless they arise to a special level (such as talking about bombs on a plane, or stating that you intend to kill the President, etc.) are generally not criminalized. Images are more likely to be criminalized than written or oral or digital "speech." This has to do with the First Amendment protections and the underpinning belief that words, in most cases, are not dangerous and the ability to speak them should be protected.

In addition, many people say things without intending to do them. The laws in the US are designed to make sure that innocent people are not put in jail. This differs from the premise in some other countries that no guilty person shall go free. Whether you agree or not, it's the basis of the US legal system and reflected throughout our constitution.

With that in mind, let's look at the communications purportedly between Foley and several pages. At least one claimed to be 17, turning 18 on February 23rd next year.
If it could be proven that Foley intended to engage in sexual activity for which a person could be charged with a criminal offense with that young man, he could go to jail. Even consentual sex with this young man, given their age difference, would have been potentially criminal if it occurred before the young man's birthday.

At what point did his activity become criminal? At what point merely fantasy? Was he prepared to act on his discussions or just have discussions? The answer to that is what will determine the legality or criminality of his actions.

A longstanding NY law covers "grooming" which is when adults engage minors in sexual communications designed to entice them into sexual activities. It works both online and offline. In the UK, "grooming" laws were implemented without the challenge of the First Amendment of the US Constitution. The NY law criminalizes the sending of "indecent" content to minors.

The law provides:
NY CLS Penal § 235.22 (2006)

§ 235.22. Disseminating indecent material to minors in the first degree

A person is guilty of disseminating indecent material to minors in the first degree when:

1. knowing the character and content of the communication which, in whole or in part, depicts actual or simulated nudity, sexual conduct or sado-masochistic abuse, and which is harmful to minors, he intentionally uses any computer communication system allowing the input, output, examination or transfer, of computer data or computer programs from one computer to another, to initiate or engage in such communication with a person who is a minor; and

2. by means of such communication he importunes, invites or induces a minor to engage in sexual intercourse, oral sexual conduct or anal sexual conduct, or sexual contact with him, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for his benefit.

Disseminating indecent material to minors in the first degree is a class D felony.

In 2004 the NY courts in The State of NY v. Jeffrey Skya (2004 NY Slip Op 24442; 6 Misc. 3d 188; 789 N.Y.S.2d 403; 2004 N.Y. Misc. LEXIS 2158 decided October 29, 2004)
(looked at a challenege to this law, which was based on the fact that no images were used, only graphic discussions of sexual activity. Without an image, the defendant contended, the law could not apply. The judge disagreed.
He looked instead to the Oxford University Press dictionary which "defines "depict as 1). Represent by a drawing, painting or other art form; 2). Portray in words. The Thesaurus gives the following synonyms for depict: describe, draw, delineate. It is therefore clear to this Court that the "plain meaning" of depict includes words and is not limited to only visual images."

he then went on to explain that "the statute prohibits the communication which depicts actual or simulated sexual conduct. "Simulated" is defined by the Penal Law as follows: "the explicit depiction or description of any of the type of conduct described....which creates the appearance of such conduct." Penal Law Section 235.00(6).(emphasis supplied)."

In dismissing the defendant's challenge, the judge stated that "Clearly the legislature enacted this law to address the growing concern over pedophiles communicating with minors over the computer network regarding sex and luring the minor into a sexual relationship. "The legislative use of inherently imprecise language does not render a statute fatally vague so long as that language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practice." People v. Shack, 86 N.Y.2d 529, 538, 658 N.E.2d 706, 634 N.Y.S.2d 660 (1995). Penal Law Section 235.22 clearly puts an offender on notice of what conduct is prohibited, i.e., sexually oriented computer communication with a minor for the purpose of inducing or inviting that child to engage in sexual conduct with the adult."

The existing federal laws do not read "depiction" as broadly as the NY law does.

I was just informed that the NY law was recently successfully challenged, finding that words alone (without images) were insufficient to trigger the criminal law. I was told a case came down in July. I will look into this.

so, until then, the answer to whether Foley's actions are criminal, based on his discussions without more, is "not sure."

a lawyerly answer if I ever heard one. :-)