3-14-04 Commentary: News Violates New York State's Registry Laws?
 An alert reader noticed the following:
»3-12 WSTM-TV3, New York: Has the media disregarded state law?
Our link is to the WSTM-TV3 news article "Sex Offender Asking For More Protection, by Dave Pieklik, WSTM-TV3 Central New York," which in essence says: Sex offender complains that he is being harassed in the community and he wants it stopped.
Take notice of these points in the WSTM-TV3 news article:
1) The offender's name can be clicked and links you to the offender's information in the registry; 2) The phrase -Sex Offender Registry- can also be clicked and links you to the state registry sign in page.
Folks who read the WSTM-TV3 news article will most likely click on the offender's name, read the information, and do whatever with it. The "whatever" is the problem, the offender is already complaining that, he is being harassed in the community.
It will not take a rocket scientist to figure out that, the offender will probably be harrassed more as the result of this article, but is the article itself legal?.
NO, but do you see why?
New York State law requires a SIGN IN PROCEDURE (requiring verification that the person signing in has read the state's Disclaimer and Public Warning about harassment and criminal acts against the offender) before permitting access, so that, police can track the specific people who have been given access to the information. The state shows why they do this:
"* This identifying information (person signing in to registry) is maintained pursuant to law and is confidential and not subject to disclosure to the public by this agency. The information is collected to identify any pattern or practice of misuse of sex offender registration information such as the commission of a criminal act against a registered sex offender or any attempt to falsely portray an individual as a sex offender. Using and sharing sex offender information responsibly to ensure the safety of yourself, your family and your community is not a practice or pattern of misuse." THE VIOLATION:
Obviously the state wants to limit who receives this information, and expects anyone who signs in, to be responsible as to who they may secondarily share the information with. Effectively, if anything happened to the offender, the police would have a trail of people who would be suspects. Personally, I commend the state for such a responsible procedure, although permitting secondary sharing of the information is questionable.
Now the point, the news article completely BYPASSES the sign in procedure by putting a -direct link- to the offender's information. Further, by then putting this article up on the Internet, it effectively shares the information with everyone in the world. NO Disclaimer and NO Warning is provided Internet users; state law is completely abrogated.
To this writer, that is not responsible sharing of the information! The Spirit and Intent of the state law procedure is violated by the way the news article is constructed.
ANOTHER ISSUE RAISED BY THE STATE'S PROCEDURE:
Apparently, under New York law, the public has a right to information about Level 3 offenders; only if the state can track who received that information! Accordingly, Level 1 and Level 2 sex offenders, should at least, have the same privacy protections as Level 3s.
Hummm, can the media, under current New York state registry law, ever print the name of any sex offender in the news; paper, TV, or other media outlets?
Think about it!
eAdvocate
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This is the original article when it was referred to us (March 2004),
we do not know the exact date it first appeared.
That news site uses the then current date every time it is accessed.
The illegal direct link, from offender's name, bypassing sign in, has been removed! |
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Sex Offender Asking For More Protection
Edited by Dave Pieklik Anthony Tifft, of Syracuse, is a Level 3 sex offender on the state's Sex Offender Registry. Level 3 offenders are considered the most likely to be a repeat offender.
On the Internet, his information is for all to see on the registry, a result of the passing of "Megan's Law." Listed for Tifft's conviction is his offense of sex abuse, involving a 10-year old boy. Tifft says he's truly sorry for what he did.
"Utterly horrible. It's not funny, but I'm ashamed of it," he said.
But it's Tifft speaking out, saying he's being harassed because of his crime, and he's asking for it to stop. He claims some people in his neighborhood call him names, and says complaints to cops have fallen on deaf ears. Tifft knows his information is available on the web, which he doesn't mind, but he says he is entitled to protection.
"Granted, it's for everybody to see, but I think when they take and use it for harassment, I believe for misuse, they should be punished," said Tifft.
He has the support of a few neighbors.
"I think people outta leave him alone. If he's not messing with anybody's kids, than just leave him alone," said Ruth Paul, a neighbor.
Neighbor Jim Smith doesn't agree.
"I don't feel sad for anybody like that. I can't be sad for him," said Smith.
In the meantime, Tifft says he wants to see more services for sex offenders, saying he served five years probation during which time he received counseling. Though the sessions are over now, Tifft says he will never touch another child.
"That is a promise," he said.
Tifft says he still is required to check in with police every 90 days, and he says he would never live near a school or a park. |
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