Spring 2000

The Internet has become a great place for kids to "hang out." You can research your homework assignments, chat with friends, play games, send instant messages and read about your favorite celebrities, sports and television shows.

While cruising through cyberspace can be fun, it can also be dangerous. And, if you don't play it safe, you could be exposed to physical harm, inappropriate material, harassment or violations of your privacy.

You can take steps to protect yourself from online exploitation by recognizing the potential for danger and using the Internet responsibly.

Chat rooms, e-mail and bulletin boards can be fertile hunting ground for those seeking to hurt kids. Because of the nameless, faceless environment of the Internet, strangers can claim to be any age, race or gender - or a kid just like you.

"The most important thing for kids to realize is that the Internet is like a telephone, not a television," said Parry Aftab, executive director of Cyber Angels (www.Cyber Angels.org), the largest Internet safety program in the world. "You don't know who you're talking to and kids don't realize how easily your personal information can be obtained," she said.

But No One Knows Where I Live

According to Aftab, who is the author of the book Parents Guide to Protecting Your Children in Cyberspace, an unsuspecting kid can be subtilely tricked into giving personal information without even knowing it.

"Just from an American Online profile (that any AOL member has access to), a person can get your first name, the state you live in and your age," Aftab said.

That doesn't sound like a lot of information does it? But Aftab gave an example of a seemingly harmless conversation in a chat room that underscores how clever a predator can be about obtaining personal information.

"Do you play sports?"
"Yes, I play baseball."
"Do you play for your school team?"
"Yes."
"Any big games coming up?"
"Yeah we're playing the state champions on Thursday."
"What position do you play?"

Sounds like four harmless answers to four harmless questions, but Aftab notes that the person already has this kid's first name, age and state from his or her profile and in this short conversation has learned even more - enough to find his or her target. It would not be hard for an individual to find out who the state baseball champion was last year in a particular state. The person knows to look for the kid playing shortstop and also knows where he or she will be on a particular date.

That can't happen to me

In her work with Cyber Angels, Aftab has seen and heard many Internet horror stories. Her organization receives nearly 500 complaints a day dealing with Internet safety and cyber crime.

Aftab relayed a story about a thirteen-year-old girl who had shared enough information with an online "friend" that he was able to find out where she lived, showed up at her house and was waiting for her when she arrived home.

Another story Aftab shared involved a young girl who had corresponded with an online "boyfriend" for two years. He claimed to be 14 years old, but turned out to be a 36-year-old pedophile. By the time the girl discovered her mistake, she had been coerced into sending him revealing pictures of herself through e-mail.

Safety experts agree that you should keep your private information private. Aftab's advice is never to meet someone in person that you've chatted with online. She said that if you do decide to meet someone, be smart about it.

"Don't go by yourself, meet in a crowded public place, don't go anywhere with the person and don't go home immediately afterward in case the person follows you," Aftab said.

Protecting yourself from inappropriate material and harassment

There is material on the web that is clearly inappropriate for kids. This material may be obscene, violent, illegal, racist or hateful in nature. Even though you may not seek out this type of material while on the Internet, it is possible that you may come across it by accident.

Aftab's advice is to ignore obscene, junk e-mail that is not directed specifically at you. If someone is sending obscene e-mail to you personally, Aftab recommends telling a parent immediately and contacting Cyber Angels who will help find the culprit for prosecution.

Some messages may constitute harassment, which is a federal crime. Material that threatens your life or safety, exploits minors or contains evidence of a crime may also be reported to the National Center for Missing and Exploited Children's CyberTipline by calling 1-800-843-5678.

You can further protect yourself by being selective when clicking on links. Never click on links that are contained in e-mails from strangers.

Protecting Yourself From Violations of Your Privacy

To help make the Internet a safer place for children, the federal government passed a new law, the Children's Online Privacy Protection Act of 1998. This law, which took effect in April 2000, prohibits web sites from collecting information from children under the age of 13 without their parents' consent. This new law also enables parents to prevent further use of information that has already been obtained from their children.

Play It Safe

Surfing the Internet can be a great experience. To make sure it's also a safe one, remember to use your "cyber smarts." For more Internet safety tips, kids and parents can visit www.safekids.com, www.safeteens.com, www.smartparents.com and www.missingkids.com.

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Parry Aftab's organization, Cyber Angels, educates kids and adults about safe use of the Internet and helps victims prosecute those that have broken the law. Like a cyber-neighborhood watch, Cyber Angels monitors web sites and chat rooms and reports illegal activities to international and U.S. law enforcement agencies for investigation. Wired Kids (www.Wired Kids.org) is a new project that Aftab was instrumental in establishing which had its debut on the World Wide Web in late March. Also concerned about Internet safety, Wired Kids' main goal is to make sure that all children have access to the Internet and that it is used effectively in education.

The new web site will teach kids about the law and their legal rights and is seeking teens to write articles that will be posted on the web site. An ambitious project, Wired Kids will also train law enforcement on cyber crime investigation techniques, run a speakers bureau for schools and community groups on Internet safety issues and hold programs online and offline for children and teens, as well as parents. In addition, the site will train teenagers to join the ranks of "Teenangels," who go into schools to teach other kids about online safety and effective use of the Internet.

Information for becoming involved in Cyber Angels or Wired Kids may be obtained by visiting their web sites. Parental permission is a condition of participation in Wired Kids.

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How many times, on television and in movies, have you heard someone answer a question by saying, "I take the Fifth?" What does "taking the Fifth," mean and who really has the right to take it?

The famous "Fifth" is number five among the first ten amendments to the U.S. Constitution, known as the Bill of Rights.

When your mother asks if you have cleaned your room, you might reply with "I take the Fifth." While you can refuse to answer a question by "taking the Fifth," the only people who have the constitutionally protected right to plead the Fifth Amendment are those suspected of committing a crime. The Fifth Amendment is designed specifically to protect accused persons from giving evidence, or testifying, against themselves, also known as self-incrimination.

An important thing to remember about the Fifth Amendment's protection is that no one can conclude that taking the Fifth is in any way an admission of guilt. The only conclusion that can be drawn is that the person is exercising the absolute right under the Constitution not to testify against himself or herself.

What is double jeopardy?

The Fifth Amendment gives much more protection to persons accused of a crime than just the right against self-incrimination. It also protects them against double jeopardy, which means being tried in the same court twice for the same offense. If someone is tried in court for a crime and is found not guilty by a jury, he or she can never be tried again for that same crime.

What is a Miranda Warning?

Before a person accused of a crime can be questioned by a police officer, he must be told he has certain rights under the Fifth Amendment. Those rights are contained in what is known as the Miranda Warning.

Almost forty years ago, Ernesto Miranda was suspected of kidnapping and arrested in his home. Ernesto was taken to a closed room in a local police station and questioned by two police officers.

Two hours after the officers took Ernesto into the closed room, they came out with a confession signed by him. Ernesto Miranda was tried for the crime and, based on his confession, found guilty and sentenced to more than 20 years in prison. The case was appealed and ultimately heard by the U.S. Supreme Court.

The Supreme Court ruled that Ernesto Miranda's confession could not be used to convict him because he had not been told of his constitutional rights under the Fifth Amendment. As a result, he was set free. With the Miranda Case, the Court changed forever how police handle criminal suspects. The Court ruled that a confession or anything an accused person may tell the police cannot be used against him or her unless the suspect is first told of his or her Fifth Amendment rights. Those rights came to be known as the Miranda warning, after Ernesto Miranda.

An accused person being held in custody must be told before being questioned by an officer: (1) that he or she has a right to remain silent; (2) that any statement he or she does make may be used as evidence against him or her; (3) that he or she has a right to the presence of an attorney; and (4) that if he or she cannot afford an attorney, one will be appointed for him or her before any questioning, if he or she wishes.

What about minors?

Our courts have ruled that the Fifth Amendment gives even greater protection to a minor - anyone under 18 years of age. A police officer must not only tell a minor being questioned in custody about his or her Miranda rights, the officer must also tell the minor's parents. Our courts also require that whenever possible, minors should be questioned with a parent present.

The Grand Jury

Did you know that persons accused of a crime cannot be brought to trial unless a grand jury finds there is enough evidence against them to prove that the charge is justified? Under the Fifth Amendment, it is up to a grand jury to decide if the evidence before it is strong enough for the person to face the charges. No matter how strong a prosecutor believes his or her case may be, if the grand jury is not convinced by the evidence presented to it, the government must let the accused person go free. The grand jury has nothing to do with the actual trial. Its only task is to decide whether the government has proven that a trial should take place. If the person is made to stand trial, he or she is still presumed innocent until proven guilty.

What is due process?

The Fifth Amendment states "No person shall be deprived of life, liberty or property without due process of law." Due process guarantees many important rights to accused persons, including being told of what they are being accused, the right to be present at their own trial and the right to a fair, impartial judge. Under our Constitution, the rights of everyone are protected-innocent or guilty, young or old, powerful or ordinary citizen. The Fifth Amendment is one more guarantee of that protection.

Roberta K. Glassner practices personal injury law and is an attorney with the New Brunswick law firm of Wysoker, Glassner, Weingartner, Gonzalez & Lockspeiser.

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Can't wait to turn 16 so you can get your driver's permit? If so, then you should know about new state legislation aimed at protecting your safety as your start down the road to driving.

Already in place in numerous states throughout the country, the legislation is known as graduated driver licensing (GDL) because it allows new drivers to "graduate" to greater driving responsibility as each step in the learning process is mastered. It is aimed at reducing the disturbing rate of teen accidents and fatalities by helping teens acquire more vital, on-the-road driving experience before they attain full driving privileges.

This is accomplished by setting limits for teens as they are first learning to drive. Here in New Jersey, for example, the legislation will mandate New Jersey's youngest drivers to first obtain a "provisional license" before they are eligible for full driving privileges at age 18. The provisional license, among other things, limits the number of passengers permitted to ride with new teen drivers to one (except for passengers who reside with the driver or are 21 years of age or over). This license also prohibits driving between midnight and 5 a.m.

Starting at age 16

Like the existing system, the new law sets out different requirements for drivers who start at age 16 versus age 17.

Under the new law, 16-year-olds can apply for a special learner's permit provided they have completed an approved behind-the-wheel driving course and passed a vision test. A licensed New Jersey driver at least 21 years old with a minimum of three years licensed experience must supervise their driving. Also, driving is prohibited from 11 p.m. to 5 a.m., and only one passenger who does not live with the driver is permitted.

At age 17, these individuals may take a road test to obtain a provisional license, discussed above, provided they have acquired a minimum of six months driving experience. And at 18, if they have had their provisional license for a minimum of one year and have not been assessed more than two points, they are eligible for full driving privileges.

Starting at 17

As with the existing system, the new law will not mandate drivers who start at age 17 to take a behind-the-wheel course. They must, however, pass a vision and knowledge test to receive what is called an "examination permit." Also, similar to 16-year-olds, 17-year-old permit holders under the new law will have restrictions on the number of passengers permitted and the hours they can drive. Further, they may not take a road test to receive full driving privileges sooner than one year after their examination permit is validated. This is in contrast with the existing law, which allows a new driver who is 17 or older to schedule a road test as early as 20 days after receiving his or her permit.

Taking the test to the road

In addition to the provisions discussed above, the new law has other components. For example, permit holders under the new law will be required to take at least part of their road test on an actual roadway wherever possible, as opposed to a private driving course. This aspect of the legislation is particularly close to the heart of Jackson resident Barbara Ferry, who lost her 18-year-old daughter, Desirae, in a car accident and has become one of the most vocal advocates in the state for GDL. Ferry believes that if her daughter's test had been conducted in actual traffic, perhaps her fate may have been different.

"I really felt that if the instructor had taken her out on the road, she wouldn't have passed," Barbara Ferry says in hindsight, noting that her daughter's entire road test was conducted on a private course.

Why and when was the law enacted?

State Senator Robert Singer of Ocean County sponsored the graduated license legislation after he was approached by Ferry and others involved in a coalition called Parents Assisting Inexperienced Drivers (PAID). According to Singer, New Jersey loses between 150 to 175 people per year age 18 and younger in automobile accidents involving teen drivers.

"That situation in many instances is caused by inexperience behind the wheel," Singer said.

While Governor Christie Whitman signed the bill in September 1998, its implementation has been delayed until Jan. 1, 2001, at the request of the state Division of Motor Vehicles, so that computer issues related to Y2K can be addressed. The law takes effect in New Jersey on January 1, 2001 and will apply to people born on or after January 1, 1985.

Start safe driving now

While the actual GDL does not yet impact New Jersey drivers, Ferry points out that it's not too early for teens and parents to impose limits of their own and take the steps necessary to ensure that new drivers get the vital driving experience they need. One way she and other members of PAID are getting this message out is through brochures and letters to New Jersey schools, as well as lectures throughout the state.

With prom season here, Ferry urges teens to take caution on the road, and she calls upon parents to "take a step back and stand firm with their children while they're learning to drive." Meanwhile, she celebrates the passage of the new driving legislation and looks forward to the time it will take effect in New Jersey.

While nothing can bring Desirae back, Ferry is hopeful that the new law will prevent other such tragedies.

"If it saves one life, it's worth it all," she said.

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The following is a case written by Mary Frances Batten's former 7th grade class at Dennis Township Middle School in Dennisville. This case was written in conjunction with the New Jersey State Bar Foundation's Law Adventure Competition and was among the winning cases of 1999.

Robert U. Shore, age 17, attended his weekly basketball practice on Friday, December 13. The two-hour practice lasted until 8 p.m. A friend, Sally Brate, was hosting a party that evening and Robert stopped by her house at 8:15 p.m. to collect money for pizza, which he had earlier volunteered to pick up for the party.

There were quite a few people at Sally's home when Robert arrived. He asked for a cold drink and was offered a beer by a classmate, Yueng Ling. Robert refused the beer. E. Vander Holyfield, another classmate of Robert's, handed him a 12-ounce glass of punch. Thirsty from his basketball practice, Robert drank the entire glass quickly and asked for another. Then Sally suggested that Robert hurry and get the pizzas. He left the party a few minutes later.

Approximately 20 minutes into the drive, Robert was pulled over by Sergeant Ivan D'Law. The sergeant requested Robert's driver's license and registration. Robert inquired as to why the sergeant stopped him, but received no response. Sergeant D'Law ordered Robert to remove himself from the vehicle and take a field sobriety test. After the test, the police officer placed Robert in his squad car and secured his vehicle. When Robert arrived at the police station he was given a breathalyzer test and his blood alcohol level was determined to be .09 percent. Since Robert is a minor, he was charged with the illegal consumption of alcohol.

THE LAW

No person under 21 years of age shall knowingly possess or consume, without legal authority, an alcoholic beverage. Any person convicted of such an offense shall be guilty of a disorderly persons offense and shall be ordered to pay a fine not less than $500 nor more than $1,000 as well as a Violent Crimes Compensation Board penalty. In addition, the court shall suspend for six months the driving privileges of any person committing this offense while in or operating a motor vehicle.

THE ISSUES

The prosecution must prove that Robert U. Shore violated the statute prohibiting any person under the age of 21 from knowingly possessing and/or consuming an alcoholic beverage.

Did Robert voluntarily consume an alcoholic beverage? Did he know that there was alcohol in the punch? And, if he didn't know, does that lack of knowledge constitute a defense? You decide.

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coerce - to influence another person's choices in a negative way.

constitutionally protected right - a right guaranteed by the U.S. and New Jersey Constitutions.

double jeopardy - to be tried in a court of law twice for the same offense.

due process - legal proceedings, such as a trial, which enforce and protect our rights.

exploitation - the act of taking advantage of another person for one's own benefit.

grand jury - a jury consisting of 12 to 23 impartial people who decide if the evidence in a criminal case is strong enough to warrant a trial. This jury does not determine an individual's guilt or innocence.

harassment - the act of persistently irritating or disturbing another person to the point of causing emotional distress.

minor - a person under 18 years of age.

Miranda Warnings - before interrogation by law enforcement, a person must be warned that he or she has certain rights including the right to remain silent and the right to an attorney.

obscene - a term used to describe material or actions that are offensive in nature.

pedophile - a person who preys on, stalks or attacks children in a sexual way.

racist - a term used to describe material or actions by those who say one race is superior to another.

self-incrimination - to testify against yourself.

testify - to give evidence under oath as a witness.