Testimony of Peter Thomas Senese of the I CARE Foundation Presented To The U.S. Senate

On February 27th, 2014 the U.S. Senate's Committee on Foreign Relations conducted a hearing before the Honorable Committee Chairman Senator Menendez and Majority Representative Senator Crocker to discuss international parental child abduction and proposed HR. 3212 legislation allowing the President of the United States the ability to sanction other countries the U.S. government believes to be non-complying with the 1980 Hague Child Abduction Convention.

READ THE TESTIMONY OF PETER THOMAS SENESE SUBMITTED TO

THE UNITED STATES SENATE COMMITTEE ON FOREIGN RELATIONS

The I CARE Foundation applauds all stakeholders working to stop abduction while advocating for the rightful return of all abducted children to their country of original jurisdiction. There is no question that a collective effort by all countries to prevent child abduction and efficiently return abducted children to their home country must immediately occur. This said, we believe it critical that all offered solutions protect the viability of the 1980 Hague Child Abduction Convention, and, not jeopardize the recovery of children presently abducted or who may be a target of abduction in the future.

Respectfully, we submit that the testimony provided by Peter Thomas Senese on behalf of the I CARE Foundation supports an immediate synchronized efforts by all U.S. Ambassadors to resolve the issues of American child-victims of kidnapping while escalating the functionality of the Hague Conference Secretariat. Contrary to the position of others who have submitted testimony to the U.S. Senate Committee on Foreign Relations, we believe passing legislation granting the United States government to sanction any other country for non-compliance to the 1980 Hague Child Abduction Convention or creating and upholding an MOU must only occur if all other options are explored and have failed. This has not occurred as of yet.  In addition, we respectfully submit that the failure of abducted children to be returned to their home country is not simply an American problem but a global pandemic. The reality is there are many children wrongfully detained in the United States due to actions that have unfolded in American courtrooms that are not in line with the intent and guidelines established by the 1980 Hague Child Abduction Convention, thus creating significant hardship for families living abroad victimized by abduction.  These issues and viable solutions are offered in Mr. Senese's submitted testimony.

We believe there are key immediate provisions the U.S. government can implement that will prevent abduction, and on a global scale, we believe several of the recommendations provided in Mr. Senese's extensive testimony offer real solutions on the global abduction front. In particular, we believe the I CARE Foundation's 'International Child Travel Consent Form' is the most efficient and effective tool all signatory countries of the 1980 Hague Child Abduction Convention must utilize.

We invite you to read the testimony submitted to the U.S. Senate Committee on Foreign Relations by Mr. Peter Thomas Senese on behalf of the I CARE Foundation along with the insightful testimony of:

Ambassador Susan Jacobs on behalf of the U.S. Department of State

Mr. Ernie Allan on behalf of the International Center for Missing and Exploited Children

Mr. David Goldman of the Bring Sean Home Foundation

Mr. Patrick Braden of Global Futures.
Dr. Noelle Hunter

To read more about the I CARE Foundation please click here.

Child Custody, Divorce, Parental Abduction: How To Protect Your Children From International Parental Abduction

'How do I protect and prevent my child from being internationally abducted by their other parent?' This question is often asked by parents in messy and nasty divorces especially when the child's other parent was born in a foreign country and may still be a citizen of that country.

Yes - parents who are getting divorced to a person who is a citizen of another country than the country they live in have to be aware of the warning signs and risk factors of international parental child abduction.

Divorce and child custody disputes create serious concern when a foreign born parent wants to take their child and travel to a foreign country. As the terminology 'International Parental Child Abduction' becomes more mainstream, parents involved born in two different countries now involved in divorce or separation proceedings must be aware of the warning signs and risk factors of international parental child abduction.

Summer is the time of year when children are targeted for international parental child abduction.

Parental abduction is a serious crime that often can place the child in serious danger.  In fact, a special report by the U.S. Government confirmed that children who are parentally abducted are often in great risk of being severely injured and even murdered by their abducting parent.

So, parents who have or are presently going through a divorce, particularly with a person who was born in a foreign country, must be extremely aware of the risk factors associated with allowing a child to travel to a foreign country once divorce proceedings have commenced.

Know the warning signs and risk factors of international parental child abduction.

Any parent who is considering to allow a child to travel abroad with the other parent, or any parent who has had a court grant the other parent permission to travel outside of the country with their other parent should strongly consider using the I CARE Foundation's International Travel Child Consent Form.  The consent form was designed to assist parents prevent child abduction.

Today is July 1st, 2013. The summer is now here. So too is the fact that the summer season is international parental child abduction season.

Parents need to educate themselves and stop child abduction.

For more information, please visit the I CARE Foundation.

Arresting, Prosecuting, and Jailing International Parental Child Abductors May Dramatically Stop Kidnappings

Arresting, prosecuting, and jailing international parental child abductors would more than likely have a positive impact on the number of children who are internationally kidnapped each year.

The reason behind this notion is that the majority of scheming, fraudster, scamming abductors do not believe that they will be prosecuted or go to jail for their act of kidnapping. They think that because they are the parent of the child they have snatched, they have immunity. 

Sadly, and all too often, they have been right as judges and law enforcement have been reluctant to prosecute. Is it complicated?  You bet it is. And the choice for a targeted parent or law enforcement officer to seek criminal charges against a parental abductor are not easy. This is discussed below.

However, we must remind ourselves . . . and it is not difficult to do so, but we must, that parental child abduction is a highly abusive criminal act against a child. Along the way, and prior to the abduction, a conspired scheme against a targeted parent and defenseless child is hatched. One that often includes the breach of many criminal laws or court orders.

And very rarely do we ever speak about the targeted parent. Make no mistake, they too are victims of schemes associated with IPCA. Often, they lose everything: the financial burden of reunification falls on their shoulders. The consumption of their child disappearing in a sea of 7 billion people envelopes them. The are enveloped by the reality that their child is being taught to hate while also living the life of a fugitive. And most of all, in their sense of hopelessness, they are the candle holders of the other parents truth: often a truth concerning a sociopath willing to do anything to accomplish their narcissistic goals. Quietly, at times they look up into the sky, perhaps at times seeing the constellation Orion, or the Big Dipper, and they may pray that their child is alive, for they know, but they don't want to admit it, that parental child murder is real.  And so, they live a life consumed by fear, disappointment, and helplessness.

All because their child's other parent internationally kidnapped their child, and to date, the laws that govern a child's return home make it rather long and difficult to bring them. home.

And that stinks.

So here we are. The summer is approaching. Summer is known as the high season for international parental child abduction.

When a child is internationally abducted, there are three legal remedies available for U.S. citizens seeking to reunite with their child. Please note, that going to the country where your child was abducted to and removing them from that country could be viewed by that country as a criminal act even if you have sole custody in the United States (or anywhere else that you may live). The legal ways to reunite with your child include:

The Hague Convention on the Civil Aspects of International Child Abduction: In nations that have signed the Hague Convention, there is a civil process that facilitates the return of abducted children under 16 to their home countries.

The International Parental Kidnapping Crime Act (IPKCA) of 1993: A criminal arrest warrant can be issued for a parent who takes a juvenile under 16 outside of the U.S. without the other custodial parent’s permission.

Unlawful Flight to Avoid Prosecution (UFAP)—Parental Kidnapping: When criminal charges are filed by a state that requests our help, a criminal arrest warrant can be issued for an abducting parent who flees across state lines or internationally.

Globally, the pandemic of cross-border child kidnappings grows (It should be noted that reported cases of abduction originating from the U.S. has declined by 15% over the past two years after nearly 30 years of growth: the drop in kidnappings is not believed to be a reflection of what is occurring globally).

The challenge with a criminal processes is that though it may lead to the arrest of the abducting parent, it does not specifically order for the return of the child, although the child is usually returned when the parent is apprehended.  Often, judges in other countries may appear hesitant to return a child if they know the abductor is going to be jailed because there is a misconception that doing so would not be 'in the best interest of the child'. 

Personally, I think that this is a wrong approach, particularly since the majority of scheming, scamming, fraudster child abducting parents have no concern about arrest. 

It should be noted that the general characteristics of the majority of child abductors according to numerous government and non-government organizations is that they are sociopaths with narcissistic tendencies.  Sadly, the act of abduction itself has everything to do with the sociopath seeking revenge against the other parent. Thus, they abduct the child in order to cause that parent pain and suffering.

So without concern of retribution and without regard to the child or their true target: the other parent, the conspire and create a disgraceful criminal scheme to abduct. Almost always, they will try to have the other parent arrested prior to the abduction.  In addition, online defamation and slander is used against the targeted parent in order to try to have the abductor's act of kidnapping sanctioned by a foreign court under Article 13 b of the Hague Convention on the Civil Aspects of International Child Abduction.

The end result all too often?  A kidnapper is given a green-light pass to attempt to destroy the targeted parent's other life. And many abductors no this . . . in many court cases the I CARE Foundation has assisted families in crisis due to abduction, there have been many instances where evidence has been presented to court establishing that the abductor had no concern for any retribution, and buoyed by that safeguard, escalated their attack on their target.  In the process, their abuse directed toward the child also escalated.

But perhaps it might be most beneficial to arrest a person who is scheming to commit abduction. Conceivably, there are many acts of fraud, contempt, and misrepresentation that occurs during the pre-abduction stage.  Arresting schemers would send a strong message to anyone thinking of kidnapping a child to think again.

International parental child abduction prevention awareness has played a critical role in decreasing the abduction rate in the United States these past two years. Much credit must go to the Department of State's Office of Children's Issues, and the men and women who work day-in and day-out assisting families of abduction.

But the fact remains, as indicated by the nearly 800 reported cased of IPCA in 2012 (and the estimated 800 to 1,200 unreported cases of IPCA), that there still remains a large problem in the U.S. One that is mirrored, if not magnified abroad.

Now I have said for years that I am a strong supporter of the Hague Convention. I still am. However, like most things in life, interpretation of the Hague by a signatory member state is subjective. All too often a country may not comply with the intent and spirit of the convention.

And there are stall tactics an abductor and their lawyers may use during litigation which will only increase the already extremely high cost of litigation for the victimized parent.  Without the financial ability to litigate a Hague Case, the chances of a parent reuniting with their child are slim.

Now going back to the U.S. Federal Government's authority in parental kidnapping cases, this stems from the Fugitive Felon Act as part of Title 18, United States Code, Section 1073–UFAP.

Most of all if there is one message I would like to share with a parent who is thinking about removing a child from their country of jurisdiction without a court's order or permission from the other parent to relocate please listen to what I have to say:  A child who is brought into the world of cross-border litigation will suffer extreme hardship regardless of what you think you can do to alleviate this concern. Having been involved personally with abduction and having assisted a large number of families who have had to deal with a cross-border custody dispute, I can assure you no person wins. Instead, your child suffers greatly, while the road you and your family will travel on is far from easy. In fact, it is treacherous. And no matter how big of a support system you think you have: nothing will remove the storms you will face.  So if you desire to relocate abroad, do it the legal way: go to court and seek mobility. In addition, if you are a parent facing real abuse, seek the aid of law enforcement and advocacy groups familiar with abuse before you consider illegally removing your child.  This is not to say that if you believe your life is in danger, to sit tight and do something. Do something - but do it within the confines of the legal system.


The following was sourced from the U.S. Department of State's website and has been provided in order to provide State's view on options a parent may have available to them :

Your Decision to Use Criminal Charges.

 

Your decision about whether to pursue criminal charges against the taking parent is a difficult one that should be made through consultation with your legal representative and in consideration of its potential impact on other aspects of your efforts to secure your child’s return. The Office of Children’s Issues can provide information about U.S. laws that make parental abduction a crime, resources for how to pursue a criminal warrant, and observations about some of the potential consequences of such an action based on knowledge of the laws and/or practices in the country to which your child has been abducted. We cannot, however, recommend a specific course of action or guarantee a specific outcome.

                   

Depending on the circumstances, criminal charges filed against the taking parent can either help or hinder the successful return of your child. Therefore, it is important to weigh the pros and cons carefully and to obtain legal advice from an attorney before making the decision that you believe is best for your child. The purpose of a criminal warrant is to authorize law enforcement officials to apprehend and present the taking parent for prosecution. Your child is not subject to the warrant, which means that successful apprehension of the taking parent will not necessarily result in the return of your child. It can, however, serve as a negotiation tool since the taking parent may agree to voluntarily return the child in exchange for leniency or dropped charges.

                   

The existence of criminal charges may also negatively impact a foreign court’s decision about whether to order or deny your child’s return under the Hague Abduction Convention. Although the Hague Abduction Convention pertains to children, not to their taking parents, in practice many judges are reluctant to order a return if the taking parent cannot accompany the child back to the United States. If the judge hearing the Hague Abduction Convention case is aware the taking parent faces arrest upon arrival, the judge may deny the return or order it only if the criminal charges are dropped. While you may request withdrawal of criminal charges against the taking parent, only the entity which issued the charges and/or a judge has the authority do so and may not agree to your request.

You will need to consider your goals and the implications criminal charges may have for you and your child. The prosecutor, the laws of the country where your child is located, and the taking parent’s behavior will all have an effect on how successful criminal charges are in securing your child’s return. Understanding these considerations may help you predict whether criminal charges can be an effective option for you and your child.

                   

Pros and Cons of Pressing Criminal Charges:

PROS

• The process of filing criminal charges may help you locate your child.
• A criminal charge will potentially facilitate cooperation from foreign law enforcement authorities by authorizing issuance of an INTERPOL red notice.
• If the taking parent is a U.S. Citizen, criminal warrants can serve as justification to revoke his ir her passport, thus limiting subsequent international travel and potentially creating obstacles for his or her ability to remain legally in a foreign country.
• Public awareness of the successful prosecution of a taking parent may deter other from abducting their children.

CONS

• An outstanding criminal warrant may deter a voluntary or negotiated return if a taking parent believes that he or she may be arrested whey they return to the United States.
• Criminal charges may adversely affect Hague return proceedings. Some judges nay refuse to order a child’s return if there is a warrant for the taking parent's arrest.
• Criminal charges may encourage a taking parent to go deeper into hiding to avoid arrest. This is especially true when the taking parent has family or deep ties in the community.
• The arrest, prosecution, and incarceration of the taking parent could be emotionally damaging for the child.
• The goals of the criminal justice system to arrest a taking parent may be in conflict with your wishes, and once initiated, the prosecutor has control of any and all criminal proceedings. How these proceedings develop will be out of your hands.

Begin by Contacting Law Enforcement

When your child is missing you should immediately report the abduction to law enforcement. Law Enforcement should respond immediately, and enter your child into the National Crime Information Center (NCIC) Missing Person Database. The initial response from law enforcement could determine whether or not a child is quickly and safely recovered.

                   

Entering your child into NCIC does not automatically initiate criminal proceedings against the taking parent. It is best to consult with an attorney before you decide to pursue criminal charges. Depending on your State laws, law enforcement may require that you have a custody order, before seeking criminal warrants.

                   

HELPFUL HINT: We recommend you keep a record of all of your correspondence with all parties you interact with, including law enforcement. Note as well all the names of the people you speak to, the dates and times of the conversation, and the information that was provided.

• Your Local Police: Most international abductions are first reported to your local police. If they pursue warrants, your local police (in coordination with the local prosecutor) may seek issuance of a warrant based on your state's criminal parental kidnapping laws. You may also want to arrange to meet with your local prosecutor's office to understand law enforcement's considerations for moving forward, and to advocate for your cases.
• The Federal Bureau of Investigation (FBI): You may also report your case directly to the FBI at the field office nearest your home. If possible, you should consider meeting with the Assistant U.S. Attorney to discuss the possibility of pursuing federal criminal charges against the taking parent. The FBI may decide to treat the abduction as a felony under the International Parental Kidnapping Crime Act. Visit www.fbi.gov for more information.

HELPFUL HINT: Many law enforcement professionals have limited experience with parental child abduction cases and specifically, with procedures in international parental abduction cases. The Office of Children's Issues can provide resources and communicate with law enforcement officials about the federal laws that will authorize them to assist

 

Criminal Warrants

• Coordinated Effort: Successful resolution of international parental child abduction cases through use of criminal charges required a coordinated effort among federal, state, and local law enforcement authorities.In some cases, U.S. law enforcement will also enlist the help of INTERPOL and foreign law enforcement to carry out an investigation.
• Foreign Police, Customs, and Laws: Be aware that parental abduction is not a crime in most countries, and this can hinder efforts to prosecute a taking parent. Other factors that may obstruct the process are local customs as they relate to religion, gender, nationality, and other factors.
• Foreign Criminal Charges: You should always consult an attorney in the foreign country if you intend to pursue foreign criminal charges against the taking parent. In some countries, you may be able to pursue the prosecution of the taking parent by the authorities of the country where the child is found. In many countries, citizens can be prosecuted for crimes committed abroad if the act is a criminal offense under local law; however, parental abduction is rarely considered a crime outside of the United States.

Fighting International Child Kidnappers and Believing In Miracles

I believe in miracles.

These are not words of wishful thinking.

Far from it.

You see, standing up to would-be child kidnappers intent on internationally parentally child abduct an innocent, defenseless child is not easy.   But that is exactly what I, along with my associates of the I CARE Foundation have successfully done over and over again.  Embracing our social responsibility, we have protected many children.

Due to the ease of abduction, the fact that we have been successful on many occasions to either bring home or prevent a child from being stolen - it is nothing short of a miracle.

In fact, it has been many miracles!

On a personal level, my involvement in fighting against child abduction originated when I found myself Chasing The Cyclone of abduction.  After the storms, I wrote a book that was deeply inspired by my experiences.  Did I mention 'deeply inspired'?  From the publication of Chasing The Cyclone, many miracles have occurred, including the formation of the I CARE Foundation, speaking appearances at numerous government legislative bodies, including speaking on this subject at the United Nations.

And with each of these wonderful children being helped, there is nothing that I can think of that is more rewarding than knowing a child has been protected.

So, we will continue to stand up to kidnappers, and I will continue to financially support the activity of the I CARE Foundation.  The threats that are made from time to time, the personal attacks on character - all the bull-crap that goes with standing up to those who would abuse children - will never have an impact on our spirit, determination, or capability. Ever.

Earlier today I received another beautiful letter from a parent who was a great risk of having their child internationally abducted.

As this particular mother who I am very fond of said, "If it were not for the assistance of several of the I CARE Foundation's team, my child would have been taken and my life ruined forever."

Well, her child was not taken, her life was not ruined, and she can continue with her concentrated studies of becoming a neurologist.  And that is pretty cool because as opposed to this amazing mother chasing the cyclone of abduction into a non-Hague country for her child, she is working on getting that beautiful 'M.D.' so she can one day soon create more than a few miracles herself.

C - I am very happy for you my friend.  And yes, I will take you up on the two slices of pizza and a rootbeer soda!

In case you're wondering why I believe in Miracles - This is why!

One last thing - I think we all have it in us, regardless of where we come from, to be responsible to one another and the world we live in.

Best to all -

Peter Thomas Senese

The I CARE Foundation - Helping Protect Children From Abduction

It has been nearly a year since the not-for-profit I CARE Foundation began its formal operations as an advocacy research organization committed to help prevent the rocket-like growth of international parental child abduction.

Since we began, the foundation has counted completely on our own resources and capability to act on behalf of those we made commitments to aid, while pushing hard on deepening society's understanding on IPCA. 

In the course of our business, we have helped bring home or protect dozens of children from abduction while building a national network of attorneys willing to help targeted parents and children of abduction.  We have also extensively launched a series of research projects aimed at guiding our legislative initiative activity. And we are building a legal database that lawyers all over the world may use to help fight abduction.

Today I spent some time reflecting on the many parents and children we have helped, or who we are trying to assist. 

(L to R) Chris Morris, Eugene Pothy, Peter Thomas Senese

I have to admit, I am very fortunate: even though the circumstances of each of these initial relationships occurred during a difficult time in each of their lives, truth is many incredible friendships have been made.


And a long the way, the I CARE Foundation has helped reunite or prevent the abduction of dozens of children.  Which is more than cool ... I do believe in miracles.

In the coming weeks I will be sharing some important information about new legislation we are readying to launch.

I look forward to your support in our efforts to protect children from abduction.

Very truly yours,

Peter Thomas Senese

New York Police Officer Fights To Reuntie With Internationally Kidnapped Child

For most parents, the thought of having a child internationally abducted appears to be remote idea that is far removed from their own lives.  The problem is that thought is not correct.  According to studies published by the highly repsected I CARE Foundation, there could be as many as 100,000 and 125,000 American children and as many as 20,000 Canadian children internationally kidnapped over the next 10 years.

That means that each person is 3 degrees from separation from knowing a parent who has had a child internationally kidnapped.

If you don't think this could happen to you, you better think again. In fact, CM is a decorated active duty police officer living in New York City who was prior to his career in law enforcement, was a New York City Firefighter.  CM has a life-long history of dedicating himself to others. 

Tragically, CM had his young daughter abducted to Germany three years ago.  Until now, he has been quite about his and his child's fate as he attempted to navigate the legal channels available to him in order to safely bring her home . . . only to find that the remedies available to him were no remedy out all.

I invite you to read about CM and his struggle to protect his at-risk child kidnapped overseas.  CM is one of the good guys . . . he is a man every parent would hope their child turned out to be like.

If you are a reporter interested in learning more about CM, please feel free to contact me at peter@stopchildabduction.org. Please visit the official website of Peter Thomas Senese's Chasing The Cyclone for more information on international parental child abduciton.

'The Hour of Truth & Integrity' Host Bill Peterseim Interviews Child Advocates Florida Attorney Patricia M. Lee and Author Peter Thomas Senese

Patricia M. Lee

 Recently, Patricia Lee, who in my opinion is one of our country's leading international family law attorneys and an incredible expert in international parental child abduction, and I had the privelage of sitting with radio talk show host Bill Peterseim on his 'Hour Of Truth & Integrity' broadcast by World Action Radio and Television Network (WATV).



Bill Peterseim

 Our interview with Bill Peterseim evolved around international parental child abduction prevention and new policy initiatives Patricia and me, along with other advocates such as Carolyn Vlk, Joel Walter, Jill-Jones Soderman, and David Bokel have been seeking to have enacted.

The interview runs one hour long, and is filled with great insight on this growing epidemic that could very well victimize over 100,000 American children alone from now until 2020.

CLICK HERE to listen to the interview.

To sign our White House petition site in support on new child abduction prevention laws, CLICK HERE.

To learn more about our initiatives please visit the official website of Chasing The Cyclone or the official website of Peter Thomas Senese.

Best-Selling Author Peter Senese and Carolyn Vlk Release Highly Education Open-Tablet Resource Guide On International Parental Child Abduction: THE WORLD TURNED UPSIDE DOWN

Best-selling author Peter Thomas Senese along with child advocate Carolyn Ann Vlk have announced the official E-book publication release of their groundbreaking international child abduction prevention open-tablet resource guide titled ‘The World Turned Upside Down’.

Demonstrating the child abduction prevention advocates ongoing commitment to assist targeted children and their parents against the rapidly expanding criminal act of international parental child kidnapping while also seeking to raise the public’s awareness of the growing epidemic of cross-border child abduction, Peter Thomas Senese and Carolyn Ann Vlk have made the highly informative ‘The World Turned Upside Down’ available as a free E-book to ensure that the information provided is immediately accessible to those who may desperately need it.

‘The World Turned Upside Down’ by Peter Thomas Senese and Carolyn Ann Vlk is a unique and extensive resource guide containing significant and relevant information on international child abduction including a series of landmark research studies that will be of great interest to any individual concerned with preventing either domestic or international child abduction, including targeted parents, law enforcement officers, courts, social workers, lawmakers, and other professionals who advocate for children and who are interested in understanding and preventing this serious and dangerous crime against unsuspecting children.

Unique to the child advocates’ efforts, ‘The World Turned Upside Down’ takes shape in the form of a virtual E-book that is expected to be frequently updated with new content, information, and material as relevant and useful information concerning international child abduction becomes available. In essence, ‘The World Turned Upside Down’ (315 pp) is the foundation for what will become a very unique open-tablet cyber-library capable of providing critically important, easily accessible information on international parental child kidnapping to all individuals in need of such information.

Peter Thomas Senese previously created and produced along with Carolyn Vlk the groundbreaking 9-part educational documentary film series on criminal international parental child abduction titled ‘Chasing Parents: Racing Into The Storms Of International Parental Child Abduction’, and is the author of the upcoming critically praised novel on international child abduction titled ‘Chasing The Cyclone’. Mr. Senese commented, “It has been Carolyn and my intent to continue to make a substantially helpful impact for defenseless children and their parents who are targeted by predator parents or others intent on committing the criminal and cruel act of international child kidnapping.   One of the many aspects that makes ‘The World Turned Upside Down’ a unique book is that in its open-tablet E-book format we will be able to add new and relevant material and cross-index this information as it comes to light so individuals in need of the new information will have immediate access to it. What we’re creating is a living E-book that is expected to evolve into a single-resource for the millions of targeted parents, law enforcement officers, lawmakers, and child advocates from around the world who are interested in stopping child abduction.”

Co-Author Carolyn Ann Vlk included, “Peter and I have been extremely committed to raising the public’s awareness on the high-growth and seriousness of the crime of international parental child abduction while also seeking to implement child abduction prevention measures such as the state of Florida’s Child Abduction Prevention Act that is now law, or the implementation of the federal ‘Prevent Departure Program’, which is now a widely dispersed and extremely useful tool used to combat international parental child abduction here in the United States. Our present activity includes creating new legislation that will close the significant abduction and trafficking loopholes associated with the ‘Western Hemisphere Travel Initiative’ that clearly has created a black hole on international abduction and human trafficking We’re actively engaged in creating legislation that will hold non-citizen child abductors accountable for their kidnapping crime with respect to our nation’s immigration policy. And we’re actively seeking solutions that will take a stand against dual-passport issues with respect to a child of duel citizenship possessing a foreign passport when this child has been declared a risk for criminal abduction by one parent.

“In our extensive voluntary child abduction prevention activity together, Peter and I continue to ask the questions, ‘How and why are our children being criminally internationally abducted at such staggering rates, and what can be done about it?” ‘The World Turned Upside Down’ takes into consideration, and offers answers to many facets of these questions while also providing valuable insight on the issues at hand that are based upon our extensive and ongoing research as demonstrated.”

Peter Thomas Senese, reached in Washington, D.C. where he was actively educating policymakers on the proposed WHTI modification legislation added, “Tragically, there is limited social understanding as to the inherent cruel acts of child abuse and serious dangers associated with the pandemic of international parental child abduction. And despite parental child abduction being a federal crime of kidnapping in the United States, as well as in most every other nation, the growth of these malicious acts against children has increased in substantial part due to failures by lawmakers to create child abduction prevention laws, and more glaringly, even greater failures by the judiciary to implement and uphold these laws created in order to protect children from the act of international criminal kidnapping. Thus, in part, it is our hope that ‘The World Turned Upside Down’ sheds further light into just how dangerous a situation we have on our hands, while offering certain solutions that can make a sizeable difference in curtailing the unyielding growth of international parental child abduction and child trafficking. In reality, there are very real solutions that can be implemented that will dramatically reduce the number of criminal abductions, I think the key is to look within at prevention issues, while of course, holding all nations accountable who do not comply with international law.”

According to Carolyn Ann Vlk, “The statistical challenges of this pandemic as published in ‘Crisis In America: International Parental Child Abduction Today’ Peter  Senese and I previously released include the harsh reality that many nations do not even attempt to keep record of how many children are criminally removed from their borders each year. And those nations that do, such as the United States, have only published the ‘reported’ number of cases without providing any insight into what clearly is a much more sizeable number of ‘unreported’ cases of international child abduction.  There are millions of children each year around the world who are targeted for abduction each year, with a substantial number of these children intended to be removed from their native country of origin. In fact, if the growth rate of international parental child abduction continues to rise as projected, in the year 2020 alone the United States will have more children criminally parentally kidnapped from our nation’s borders than can fill a professional baseball stadium!”

The outlook for parents of children criminally kidnapped abroad seeking to reunite with their kidnapped children is tragically alarming.  For instance, there are approximately 200 criminally abducted U.S. and Canadian child-citizens illegally detained in Japan right now. In our history, no U.S. or Canadian child who was abducted from either the U.S. or Canada has ever been returned home. None. Ever. Japan is a black hole of child abduciton where no child has ever been legally brought back. Sadly, there are many black holes.

The title for the publication ‘The World Turned Upside Down’ was created due to the reality that many parents who are targeted for international parental child abduction enter into a nightmarish ordeal where limited help and understanding is found, and the majority of criminally kidnapped children are never returned. Supporting this reality is Janice L. Jacobs, Assistant Secretary of State for Consular Affairs for the United States Department of State who writes, "Very few options exist for parents and children who are victims of parental child abduction.” Ms. Jacobs also stated, "Unfortunately, current trends reflect a steady increase in the number of international parental child abduction cases and highlight the urgency of redoubling efforts to promote compliance with [Hague] Convention obligations and encourage additional nations to join the Convention."

Ernie Allen, President and CEO of the National Center for Missing and Exploited Children and International Centre for Missing & Exploited Children has previously stated, "The problem of missing, abducted, trafficked and sexually exploited children is large, growing, under-recognized and under-reported” Mr. Allen observed, “Children are the single most victimized segment of our population.  Even with all of the progress we have made, most Americans still don’t understand that basic fact.  According to Justice Department research, more than 2,000 children will be reported missing in the United States today!" Additionally, Mr. Allen stated, "The numbers are staggering. The tragedies continue and too many children do not make it home.”

Mr. Martin Waage, Director of ABP World Group, a leading global security, investigation and child recovery organization with an incredible track record of participating in the safe reunification of over 200 criminally internationally abducted children with their targeted parents, and who has contributed to ‘The World Turned Upside Down’ states, “Over many years, my organization has seen the rapid increase of criminal international child abductions throughout the world. One of the great challenges we are aware of is that targeted parents who are trying to protect their children from international kidnapping or who have had their child criminally stolen abroad is a lack of cohesive information on what to do if your child is at risk or is stolen. There are, in reality, not many efficient options, and timing is critical. Peter Thomas Senese and Carolyn Ann Vlk’s remarkable efforts to create this resource will have a substantially beneficial impact on the global community. I applaud their voluntary work and commitment in creating ‘The World Turned Upside Down’ and further acknowledge their ongoing research projects that have an intended end-result to create new laws that will aid children everywhere. International parental child abduction is a well-documented act of child abuse surrounding a series of criminal acts by the abducting, scheming conspirator. ABP World Group looks forward to continuing in our global efforts of preventing this type of crime from occurring against children, as we are committed to adding to the evolution of ‘The World Turned Upside Down’s’ living library”

David B, a father who successfully reunited with his previously abducted child commented, “IPCA is a severe crime against both the child and targeted parent. The malice of an abducting parent is well documented by leading experts and government officials in the United States and elsewhere. The fact is, international child abduction is a criminal act of kidnapping. The severity of this crime can be long lasting for the child. Today, we need to uphold the criminal statutes in place in order to protect our children. Those individuals known to have criminally abducted a child internationally should not be allowed back in the country due to the severity of their crime and the likelihood that they will attempt to re-abducted a child once again: an occurrence that is well documented. ‘The World Turned Upside Down’ is an incredible resource guide that not only will help targeted parents, but will educate policymakers as to just how bad and dangerous this situation really is. The book’s free release and the material contained in it demonstrates how deeply committed and knowledgeable Carolyn and Peter are to helping children everywhere.”

A. Castro, whose child was previously criminally abducted to Europe, successfully reunited with his child, to only need to act again to prevent a second abduction added, “The failure by courts and their judges to understand the gravity of international parental child abduction and the ease of which a parent can criminally abduct a child has led to the substantial spike in the number of tragic abduction cases. The information contained in ‘The World Turned Upside Down’ and the selfless and dedicated efforts of Carolyn Ann Vlk and Peter Thomas Senese to provide assistance to targeted children and parents like myself is incredible. This publication is an extremely helpful resource guide every person involved in child abduction should read.”

Gloria Nyberg, a leading child abduction prevention advocate who has participated in a substantial number of international parental child abduction reunifications and who has acted endlessly to prevent targeted children from becoming victims of criminal child abduction stated, “For many parents who face having a child abducted abroad, the maze of complex legal and personal issues they must immediately attempt to navigate can be devastating. The challenges are magnified many fold due to the fact that most every parent does not expect for this crime against them and their child to happen. They are typically victims of a well-conspired fraudulent plan. By creating ‘The World Turned Upside Down’, Peter Thomas Senese and Carolyn Vlk are providing the world with yet another very special gift: a remarkable resource guide that will help a tremendous number of people, including parents and children facing this type of crime. Combining this publication with the extensive previous research reports and educational documentary film Peter and Carolyn have previously created or published, along with their tireless effort to create and implement new laws that will serve children everywhere, their efforts have and will continue to bring positive awareness of the dangerous and growing issues at hand.”

Amanda B, a mother presently at risk of having her young children abducted to the Middle East added, “The selfless efforts of Peter and Carolyn have made a direct impact on the safety and welfare of my children. I am grateful for their direct assistance on my and my children’s behalf: today my children are safe at home, and I am extremely grateful. ‘The World Turned Upside Down’ is such a vital resource that parents like myself, who are at risk of having their children internationally abducted, can turn to. It is an incredibly useful tool written by two caring child advocates who give of themselves freely in order to help others.”

Maurizio R, who is presently chasing the nightmarish cyclone of international parental child kidnapping and the incomprehensible legal and prejudicial maze many targeted parents unfairly face while trying to protect their criminally victimized child said, “Thanks to ‘The World Turned Upside Down’ and the admirable efforts of it’s authors Peter Senese and Carolyn Vlk, we have a real manual that tells us in detail a substantial amount about the world of international parental child abduction. As a parent involved in a case of international child abduction, I can say that this book is a precious help to all who are subject to the horror of having a child kidnapped abroad.  And as for Peter, I can say that I found on the other side of the world a person who has opened his heart to me, helped me as I continue to reunite with my child, and who has made me feel less alone in this terrible experience.”

Jill Jones Soderman, PHD the Executive Director of ‘The Foundation For The Child Victims Of The Family Courts’ (501c3), and the Founder of ‘The Family Resolution Center’, located in Chester, New York, which focuses on issues surrounding children, including international child abduction and parental alienation added, “Peter Thomas Senese and Carolyn Ann Vlk have committed a significant portion of their lives and personal resources to the intervention and prevention of child abduction. As part of such efforts, Peter and Carolyn have written one of the most comprehensive, understandable written works bound by groundbreaking and landmark research on a plethora of issues surrounding the criminal act of international child abduction. In ‘The World Turned Upside Down’ Peter Senese and Carolyn Vlk’s commitment toward defenseless children and their targeted parents is undeniable, extraordinarily impactful, and speaks volumes from the loving hearts of Peter Senese and Carolyn Vlk. ‘The Foundation For The Children Victims Of The Family Courts’ looks forward to contributing to the ongoing resource guide ‘The World Turned Upside Down’ as this incredible evolving open-tablet E-book will make a positive difference against the war on international parental child abduction and child abuse.”

‘The World Turned Upside Down’ is available for free download on best-selling author Peter Thomas Senese’s official website, the official website of Senese’s ‘Chasing The Cyclone’, and on numerous websites including ‘International Parental Child Abduction Information’. Also available on these sites is the educational documentary film ‘Chasing Parents: Racing Into The Storms Of International Parental Child Abduction’ created and narrated by Peter Thomas Senese, and co-produced by Carolyn Ann Vlk, along with various helpful information.

Peter Thomas Senese added, “Carolyn and I are pleased to publish the open-tablet E-book ‘The World Turned Upside Down’ as we continue our efforts to prevent the acts of international child abduction.  We recognize that ours are only part of the great effort put forth by a global community interested in protecting children everywhere. We thank all those who have demonstrated leadership in this area, feel deeply for those children who have been victimized by the malicious acts of abduction along with their parents who have or who are chasing the cyclones of child abduction, and look forward to participating in efforts that will create new laws and policies focused on protecting targeted children and their parents from abduction.”

Peter Senese Supports New York State Legislation To Stop Online Impersonation: Author Cites New Law Will Help Children Targeted For Child Abduction

New York State legislators are on the cusp of passing a remarkable and much needed law that will benefit all citizens of the state: the 'Digital Impersonation Prevention Act'. The Legislation was created to prevent individuals with malice and illicit intent to use the name of another person online for purposes of causing their target personal injury.

New York State Assembly Member Micah Z. Kellner (D-Upper East Side, Yorkville) who has sponsored the crucial legislation in the State Assembly said, "“It seems like every day we hear about a new and horrific case of identity theft. It’s grown beyond hacking into your bank account. People’s lives can be ruined by thieves who steal their email accounts or Facebook pages to use them for malicious purposes. People have actually been driven to suicide in cases.”

One of the benefits of the Internet is that it allows for anonymity; however, there is a serious price to be paid by many because the atmosphere has created the ability for anonymous posters to create false, untrue, slanderous, and harassing content with the sole purpose to cause the person they are attacking undue harm. It has been estimated there were over 9 million victims of online identity theft and impersonation last year alone: a number that is growing.

Presently, in New York State there are various laws that protect online identity theft and impersonation; however, with the anticipated passage of the 'Digital Impersonation Prevention Act', a new specific law will be in place that deals directly with this issue. It can and should be used in conjunction with other laws in place in order to protect those who are targeted for identity theft or impersonation.

One of the ways celebrities may protect their identity is to trademark their name. But this is not possible for the average working person. Copyright protection laws allows for certain protection to occur under laws governing personal property; howver, if you do not have copyrighted work that is attached to you such as a book or a film, then a person will not be protected under law.

In the past online identity impersonation typically involved financial transactions. Today the fastest growing form of online identity theft and impersonation is used to cause personal injury toward a target in conjunction with defamation,slander, libel, and harassing actions including cyberbullying and cyberstalking. Fortunately, in New York State there exists laws that deal with these issue. However, the 'Digital Impersonation Prevention Act' will be a much needed and added resource available to targeted victims.

In the world of international parental child abduction, laws that prevent digital impersonation are critical. For a parent intending to abduct a child internationally, the elements of the abduciton typically include a well thought out plan, including how to defend the abduction if there is a chance that the international courts such as the Hague Courts may become involved. Under the Hague Convention's Article 13, the rules allow for an abducting parent to defend their criminal abduction by claiming that it is in the best interest of the child for the child to not be ordered to return to the country of original jurisdiction. In order to prove this, the criminally abducting parent must 'create' a series of personal attacks on the the target in order to falsely demonstrate the targeted parents incapability to care for the welfare of the abducted child. Commonly, this will include the use of the Internet to slander, defame, harass, and cause grave injury to the target. The majority of this is done anonymously or under false name online via various community forums in order to falsely and misleadingly fabricate a communal negative perspective on the target. And unfortunately for the targeted parent, they have their hands more than full at that time because they are attempting to navigate the cruel multi-international litigation nightmare attached to trying to prevent, find, or bring home their child.

During the time that my child was internationally abducted in accordanc to the rules of the Hague Convention, I, like many parents who came before me as well as those who will sadly come after me, had to deal with this very issue. I was fortunate in the sense that the international courts under the Hague had seen through the conspiracy, and these courts ordered for my child to be returned. I was able to present literally several hundred sworn personal and professional letters to the court referring to my conduct, and I had resources available that allowed me to successfully litigate against the malicious slander and defamation that took place. I am also aware that many targeted parents may not have the resources to accomplish some of what I have. And that is why, from a viewpoint of international parental child abduction, laws such as the 'Digital Inpersonation Prevention Act' must be passed into law in each and every state.

Unfortunately for many targeted parents of abduction who have successfully recovered their child, a problem still exits: the abducting parent still remains at large: bitter, angry, and filled with a desire for revenge and to cause the chasing parent additional harm (it is noted by leading experts in the area of IPCA that the vast majority of parental abductors use the child of the relationship in order to cause great harm toward the targeted parent). In fact, Dr. Janet Johnston (Judith Wallerstein Center for the Family in Transition) and Dr. Linda Girdner (ABA Center on Children and the Law) along with other reknown therapist and law enforcement officers have openly stated that an abducting parent exhibit sociopathic behavior and have little respect for or concern of the law.

Online identity theft and impersonation generated due to malice is a growing and very serious problem. Civil litigation can protect an individual from defamation and slander, but the process can be long. Additionally, if you sue a person due to their misconduct, if they have no assets, you may be able to have the defamatory content removed from the Internet, but the individuals behind the malice will not be held truly accountable for their acts. And in certain circumstances content cannot be taken down under Internet law (though I have recently learned that there are other possible ways to have content removed). Nevertheless, once untruthful content is placed online, there is a challenge to have it removed. One important remedy a targeted person can do is to address matters under criminal law, particularly since many cases of malicious online impersonation include defamatory, slanderous, and malicous content posted. The 'Digital Impersonation Prevention Act' adds to the arsenal of laws already established that may be utilized to protect individuals from online malice.

Various research also indicates that a person who will impersonate or steal another person's online identity is acts with fearless reckless abandonment because they think they are protected to continue their acts because of the difficulties associated with their target bringing litigation, and, under civil court action, they can be sued - but if they have very little to take, they could care less.

The remedy to all of this is very simple: create and enforce criminal codes that will hold individuals who impersonate or steal another person's identity with the sole purpose of causing malicious harm to that person fully and unequivocally accountable under criminal law. I speak from heavy experience on this issue as I have been the victim of this type of act to which I have taken serious and unilateral action under all laws available to me.

“Anonymity is a criminal’s best friend—and it’s one of the defining features of the Internet,” said Assembly Member Kellner. “New Yorkers deserve stronger protections so we can bring these nefarious individuals out of the shadows and hold them accountable for their actions.”


I am in full support of the passage of the Digital Impersonation Prevention Act as this bill will be a great law for New York. I hope you will be as well. Here is the legislation that is moving its way through Albany's legisltion.

Senator Martin Golden has sponsored the bill in the Senate and will navigate the legislation as it moves through the Senate.

S4015-2011: Enacts the Digital Impersonation Prevention Act

Same as: A6238 / Versions: S4015-2011 S4015A-2011 Print HTML Page / Print Original Bill Format / ShareThis/ Read or Leave Comments

Enacts the digital impersonation prevention act.
--------------------------------------------------------------------------------
Sponsor: GOLDEN / Committee: CODES / Law Section: Penal Law

S4015-2011 Actions
Mar 25, 2011: PRINT NUMBER 4015A
Mar 25, 2011: AMEND AND RECOMMIT TO CODES
Mar 14, 2011: REFERRED TO CODES
S4015-2011 Memo
BILL NUMBER:S4015

TITLE OF BILL:
An act
to amend the penal law, in relation to enacting the digital
impersonation prevention act

PURPOSE OR GENERAL IDEA OF BILL:
To establish the crime of digital
impersonation and to create effective penalties for those who engage
in digital impersonation for the purposes of harming, threatening, or
defrauding another person, sending unsolicited bulk mails or
commercial solicitations, or downloading or utilizing a contact list.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1:

Establishes the title 'Digital Impersonation Prevention Act"

Section.2:

-Amends the penal law by adding a new section 190.87, establishing the
crime of digital impersonation;

-Provides that a person is guilty of digital impersonation when he or
she, knowingly, with intent to defraud and without consent,
creditably impersonates another actual person through or on an
Internet web site or by other electronic means for purposes of: (i)
harming, intimidating, threatening, or defrauding another person;
(ii) transmitting unsolicited commercial solicitations or unsolicited
bulk messages; or (iii) copying, accessing, downloading or utilizing
a contact list;

-Establishes the meaning of creditable impersonation;

-Defines "electronic means," "contact list," "unsolicited commercial
solicitations," and "unsolicited bulk messages";

-Establishes penalties for violations; and

-Provides that a person who suffers loss or damage by reason of a
violation may a bring civil action against the violator; sets forth
damages and other relief.

Section 3: Sets effective date

JUSTIFICATION:
Digital identity theft, more accurately known as
digital impersonation, has been a growing problem in the internet era.
The US Federal Trade Commission estimates that as many as 9 million
Americans have their identities stolen each year. Historically, the

major motive for identity theft has been financial fraud, as thieves
use
stolen identities to make credit card purchases, withdraw funds, and
set up phony accounts. Over the past few years, we have seen an
increase in a more personal kind of impersonation: the use of
Internet anonymity to harass individuals. In 2010, for instance, the
New York Times reported on the rise of cyber bullying and what can
happen if the issue is not addressed. The article told the story of
Marie, a single mother from Newburyport, Massachusetts, whose son had
become increasingly withdrawn since entering a new high school. After
some investigating, Marie discovered that a number of her son's
classmates had created a Facebook page with her son's name and
picture. The page in question was being used by others to bully
people her son barely knew, with the blame for
this behavior falling unfairly on her son. It is clear that stronger
measures are needed to combat such actions.

Additionally, thieves have made use of stolen identities to send
'spam' unsolicited bulk email messages and commercial
solicitations-circumventing mechanisms intended to block such
unwanted messages by sending them from the accounts of unwitting
identity theft victims. According to a report commissioned by McAfee,
a computer-security company, approximately 62 trillion unsolicited
emails were sent in 2008, with serious economic and environmental
consequences. Many of these messages were sent from stolen or
hijacked email accounts.

Already, states like California have passed laws to crack down on
digital impersonation. New York should follow suit. This legislation
would create effective penalties for those who engage in digital
impersonation for the purposes of harming, threatening, or defrauding
another person, sending unsolicited bulk emails or commercial
solicitations, or downloading or utilizing a contact list. It also
establishes a civil cause of action for people who are victims of
digital impersonation.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
The law shall take effect on the first of November
next succeeding the date upon which it shall have become law.


Text
S T A T E O F N E W Y O R K
4015
2011-2012 Regular Sessions
I N SENATE
March 14, 2011
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to enacting the digital
impersonation prevention act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "digital
impersonation prevention act".
S 2. The penal law is amended by adding a new section 190.87 to read
as follows:
S 190.87 DIGITAL IMPERSONATION.
1. (A) A PERSON IS GUILTY OF DIGITAL IMPERSONATION WHEN HE OR SHE,
KNOWINGLY, WITH INTENT TO DEFRAUD AND WITHOUT CONSENT, CREDIBLY IMPERSO
NATES ANOTHER ACTUAL PERSON THROUGH OR ON AN INTERNET WEB SITE OR BY
OTHER ELECTRONIC MEANS FOR PURPOSES OF: (I) HARMING, INTIMIDATING,
THREATENING OR DEFRAUDING ANOTHER PERSON; (II) TRANSMITTING UNSOLICITED
COMMERCIAL SOLICITATIONS OR UNSOLICITED BULK MESSAGES; OR (III) COPYING,
ACCESSING, DOWNLOADING OR UTILIZING A CONTACT LIST.
(B) FOR PURPOSES OF THIS SECTION, AN IMPERSONATION IS CREDIBLE IF
ANOTHER PERSON WOULD REASONABLY BELIEVE, OR DID REASONABLY BELIEVE, THAT
THE DEFENDANT WAS OR IS THE PERSON WHO WAS IMPERSONATED.
2. FOR PURPOSES OF THIS SECTION: (A) "ELECTRONIC MEANS" SHALL INCLUDE
CREATING OR OPENING AN E-MAIL ACCOUNT OR AN ACCOUNT OR PROFILE ON A
SOCIAL NETWORKING INTERNET WEB SITE IN ANOTHER PERSON'S NAME; OR ACCESS
ING ANOTHER PERSON'S PRE-EXISTING E-MAIL ACCOUNT OR AN ACCOUNT OR
PROFILE ON A SOCIAL NETWORKING INTERNET WEB SITE; OR ALTERING OR CHANG
ING THE PROPERTIES OF AN E-MAIL, OR E-MAIL HEADER, TO APPEAR AS THOUGH
THE E-MAIL ORIGINATED FROM A DIFFERENT SOURCE WITHOUT THE EXPRESS
CONSENT FROM THE ACCOUNT HOLDER.
(B) "CONTACT LIST" SHALL INCLUDE ANY LIST OF THIRD-PARTY CONTACT
NAMES, ADDRESSES, TELEPHONE NUMBERS, MOBILE PHONE NUMBERS, FACSIMILE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09358-02-1 S. 4015 2
NUMBERS, E-MAIL ADDRESSES, INSTANT MESSENGER NAMES, OR OTHER INFORMATION
USED FOR CONTACTING INDIVIDUALS.
(C) "UNSOLICITED COMMERCIAL SOLICITATIONS" SHALL INCLUDE ANY ADVER
TISEMENT RELATED TO THE AVAILABILITY OR QUALITY OF ANY PROPERTY, GOODS,
OR SERVICES OR TRANSMISSION OF A HYPERLINK TO A WEB SITE OR UNIFORM
RESOURCE LOCATOR (URL) WHICH HAS ANY MATERIAL ADVERTISING THE AVAILABIL
ITY OR QUALITY OF ANY PROPERTY, GOODS, OR SERVICES.
(D) "UNSOLICITED BULK MESSAGES" SHALL INCLUDE THE TRANSMISSION OF AN
E-MAIL, INSTANT MESSAGE, OR SOCIAL NETWORKING POST THAT IS PUBLISHED TO
MORE THAN ONE UNIQUE RECIPIENT.
3. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL BE PUNISHABLE
BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS OR BY IMPRISONMENT NOT TO
EXCEED ONE YEAR, OR BY BOTH THE FINE AND IMPRISONMENT.
4. IN ADDITION TO ANY OTHER CIVIL REMEDY AVAILABLE, A PERSON WHO
SUFFERS DAMAGE OR LOSS BY REASON OF A VIOLATION OF SUBDIVISION ONE OF
THIS SECTION MAY BRING A CIVIL ACTION AGAINST THE VIOLATOR FOR STATUTORY
DAMAGES OF FIVE HUNDRED DOLLARS PER OCCURRENCE, COMPENSATORY DAMAGES,
AND INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF. IF THE COURT FINDS THAT
THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THIS SECTION OR THE REGU
LATIONS PRESCRIBED UNDER THIS SECTION, THE COURT MAY, IN ITS DISCRETION,
INCREASE THE AMOUNT OF THE AWARD TO AN AMOUNT EQUAL TO NOT MORE THAN
THREE TIMES THE AMOUNT AVAILABLE UNDER THIS SUBDIVISION.
5. FOR PURPOSES OF THIS SECTION, "OCCURRENCE" SHALL INCLUDE EACH ACT
OF CREATING OR OPENING AN E-MAIL ACCOUNT OR AN ACCOUNT OR PROFILE ON A
SOCIAL NETWORKING INTERNET WEB SITE; ACCESSING ANOTHER PERSON'S PRE-EX
ISTING E-MAIL ACCOUNT, ACCOUNT OR PROFILE ON A SOCIAL NETWORKING INTER
NET WEB SITE OR CONTACT LIST; ALTERING OR CHANGING THE PROPERTIES OF AN
E-MAIL, OR E-MAIL HEADER, TO APPEAR AS THOUGH THE E-MAIL ORIGINATED FROM
A DIFFERENT SOURCE; AND THE TRANSMISSION OF AN UNSOLICITED COMMERCIAL
SOLICITATION TO A UNIQUE RECIPIENT.
S 3. This act shall take effect on the first of November next succeed
ing the date upon which it shall have become a law.