The DarkSide of the Internet

Yahoo! E-mail Scam from Suddenlink.net

2010-04-05T10:12:00.001-07:00

Hawaii State Law Regarding Internet Impersonation

2010-03-24T10:39:00.000-07:00

If you are being impersonated on the Internet (i.e. a fake FaceBook profile or e-mail address), the following is a Hawaii state law that be used to prosecute the suspected culprit...

[§711-1106.6] Harassment by impersonation. (1) A person commits the offense of harassment by impersonation if that person poses as another person, without the express authorization of that person, and makes or causes to be made, either directly or indirectly, a transmission of any personal information of the person to another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to harass, annoy, or alarm any person.

(2) Harassment by impersonation is a misdemeanor.

(3) For the purposes of this section:

"Personal information" means information associated with an actual person that is a name, an address, a telephone number, or an electronic mail address.

"Pose" means to falsely represent oneself, directly or indirectly, as another person or persons. [L 2008, c 133, §1]

CyberSafety Presentation on 03.25.2010

2010-03-12T11:10:00.000-08:00

Presented by,

Det. Chris Duque (Retired) a 30 year veteran of the Honolulu Police Department, who has been specializing in cyber crimes investigation and computer forensics since 1990.

This is an informative presentation about the risks and dangers facing children and teenagers while they are online. Presentation will include a "live" tour of selected Internet websites which parents should be aware of.

Topics will include privacy, the global village, and the permanence of the Internet.

Parents can be bring their children/teenagers, BUT be aware of the following warning - Some material may be inappropriate for younger children.

Therefore, no children under the age of 18 will be admitted without being accompanied by a parent/guardian.

Thursday March 25, 2010, 6:00pm - 7:00pm

Registration at welcome center

Call 941-3344 to reserve your seat(s)

Donation of $5.00 all proceeds will be donated to Central YMCA

Atkinson Drive

941-3344

2 1/2hrs free parking available at the Yacht Harbor Towers.

KGMB's SunRise Show: Hawaii Heroes featuring Chris Duque

2010-03-12T00:58:00.000-08:00

What Happens If Sexting is Child Pornography?

2010-03-07T20:26:00.000-08:00

These are the Hawaii Revised Statutes, which are applicable if the image file (photo or video) is defined as child pornography in the Hawaii Revised Statutes:

707-750 Promoting child abuse in the first degree.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0750.htm

707-751 Promoting child abuse in the second degree.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0751.htm

707-752 Promoting child abuse in the third degree.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0752.htm

707-753 Affirmative defense to promoting child abuse.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0753.htm

And here are the penalties…

706-659 Sentence of imprisonment for class A felony.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0659.htm

706-660 Sentence of imprisonment for class B and C felonies; ordinary terms.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0660.htm

706-640 Authorized fines.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0640.htm

In addition, the convicted person needs to register with the state of Hawaii as a sex offender…

CHAPTER 846E

REGISTRATION OF SEX OFFENDERS AND OTHER COVERED

OFFENDERS AND PUBLIC ACCESS TO REGISTRATION INFORMATION

846E-1 Definitions

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0846E/HRS_0846E-0001.htm

"Words Can Hurt"

2010-02-24T10:18:00.000-08:00

Following video was created by students of Nuuanu Elementary School for the 2009 Internet Safety Awards.

How Hawaii Laws Define Child Pornography

2010-02-21T22:38:00.000-08:00

"Child pornography" means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if:

(a) The pornographic production of such visual representation involves the use of a minor engaging in sexual conduct; or

(b) The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.

"Community standards" means the standards of the State.

"Computer" shall have the same meaning as in section 708-890HRS.

"Lascivious" means tending to incite lust, to deprave the morals in respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards.

"Material" means any printed matter, visual representation, or sound recording and includes, but is not limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, and tape or wire recordings.

"Minor" means any person less than eighteen years old.

"Performance" means any play, motion picture film, dance, or other exhibition performed before any audience.

"Pornographic" shall have the same meaning as in section 712-1210.

"Produces" means to produce, direct, manufacture, issue, publish, or advertise.

"Sadomasochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.

"Sexual conduct" means acts of masturbation, homosexuality, lesbianism, bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor.

"Visual representation" refers to, but is not limited to, undeveloped film and videotape and data stored on computer disk or by electronic means that are capable of conversion into a visual image.

(3) The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material or the performance produced, directed, or participated in. The fact that the person who was employed, used, or otherwise contained in the pornographic material or performance, was at that time, a minor, is prima facie evidence that the defendant knew the person to be a minor.

Does that "sexting" photo or video you made fall into the above description? If so, you jest committed a crime in Hawaii!!!

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0750.htm

Sexting in Hawaii

2010-02-17T10:05:00.000-08:00

Aloha,

The following is my remarks and comments about the recent sexting incident involving students from a prominent high school here in Honolulu.

Feel free to forward this video and/or link to those you feel may benefit from the information provided.

Mahalos

BTW,

If you wish to comment, please do so.

However, refrain from the use of profanities, obscenities, threats, harassment, etc...

Social Networking Websites & Blackmail

2008-12-04T23:31:00.000-08:00

I recently spoke on Cyber-Safety & CyberBullying at an event hosted by the Hawaii DOE.
The key point of my presentation was the increase of cyber blackmail that is occurring in which teens are the victims.
The blackmailer records the teen's posting, chats, photos, and videos, then uses it later to coerce the teen into committing criminal activity and/or sexual favors.
The teen often times surrenders to the demands due the content of the information that the blackmailer has.
I've updated my presentations to demo a "live" Internet session showing how webcams and Internet video streaming are putting teens at risk.

Child abusers adopt blackmail tactics
http://www.theregister.co.uk/2008/09/12/abuse_tactics/

Pedophiles Lure with Internet Blackmail
http://teencheckup.com/parentalsupervision/paedophiles-lure-with-internet-blackmail/

Blackmail claim stirs fears over Facebook
http://www.guardian.co.uk/business/2007/jul/16/usnews.news

Re: My CyberSafety Presentations for the Schools

2008-10-08T00:47:00.000-07:00

There are reasons why that when asked to do Internet Safety presentations to the schools, that I request that they be given in a specific order.

First, a presentation is given to the admin & faculty.

The focus is liability issues that they may face if they fail to take adequate measures to protect the students and/or educate them of the risks and dangers they may face while using the Internet.

Liability issues can also arise if they fail to act or respond when a student is victimized or victimizing others.

Next audience is the parents.

They are reminded that safety and security of their children is their primary responsibility.

The schools, the social workers, law enforcement, and all others resources, are there to assist when necessary.

BUT...

It IS the parent's primary responsibility to protect their children.

It IS also their responsibility to instill in their children ethical standards and behavior.

This should be done before the child even walks through the front doors of the school on their first day! Just like they should be toilet trained, they should already have some of the basics of acceptable social behavior. Simply, they should have good manners!

The school will help re-enforce what the parents have instilled in their children.

Not the other way around, where the teachers are expected to educate the child on acceptable social behavior, which usually is not re-enforced when they go home at the end of the school day.

The last audience are the students themselves.

And the focus is to make them aware of the risks and dangers of the Internet, by explaining to them the environment rather than the technology in an non-authoritative manner.

They need to understand that their online activities and offline activities interact are tied to one another. They also need to understand that they actions, online and off, can have dire consequences and that the decisions they make online are irreversible.

And finally, they need to learn that they are responsible for their actions - period!

The reason I adhere to the above scheduling of presentations is that:

The adults will understand what each other's role is.

Often times the parents expect the school to be responsible to taking some kind of action and like wise the schools think the same of the parents. This lag in communication can result in the child being seriously victimized, for example in the case of an online predator targeting a student.

The adults need to be exposed to the technology that the students are using.

How can a parent/teacher teach a child about being responsible when operating a motor vehicle when they themselves don't drive? The adults don't have to be dyed in the wool "techies", but they should be familiar with the technology their children are using.

When it comes to responding to an actual physical threat, the child needs to turn an adult to protect them. The parents should always be the first ones they can turn to.

Other responsible adults are their "back up" protectors, in cases when/where a parent can not intervene. A child should always be able to seek their parents' protection. It is very sad when a child can not go to their parents for help, and worse, if there are no other adults to help them.

I try to adhere to sequence of presentations as much as possible.

However, depending on the situation, I may detract from this agenda.

Please contact me if you having questions that I have not addressed above.

Mahalos