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Two articles dealing with Facebook caught my attention recently.
The first by De Conto described a North Carolina lawsuit challenging state statute §14-202.5 as unconstitutional. “to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages on the commercial social networking Web site.” Violations are a Class I felony (punishable but up to 5 years or fine or both).
A sex offender can be anyone they want to be on a SNS. They can pretend to be several different people, all in an attempt to entice or mislead a minor.They can’t easily accomplish these tricks in the real world.I am sure the courts will decide whose rights are more compelling, the sex offender’s first amendment right or the general public’s to associate with whom they chose.During the discussion we need not forget that SNS are fundamentally different from other communicationvenues in the real world.Additionally, in those public places in the real world there are police walking around…parents…other kids….folks that can stop them or at least identify them.
A sex offender on a SNS can hide, manipulate, and prey, without much concern about someone seeing them and/or identifying them before they strike.