9 NYCRR Part 6057 - Executive Department

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Source version current through Mar 31, 2022

All 7 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 6057.1 - Purpose

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

The provisions of this Part shall govern the division's disclosure of registered sex offender internet identifiers to an authorized internet entity to enable such entity to prescreen or remove sex offenders from its services or advise law enforcement or other governmental entities of potential violations of law or threats to public safety.

9 NYCRR 6057.2 - Definitions

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

When used in this Part:

(a)The term authorized internet entity shall mean any business, organization or other entity providing or offering a service over the internet which permits persons under the age of 18 to access, meet, congregate or communicate with other users for the purpose of social networking. This definition shall not include general e-mail services.

(b)The term internet identifiers shall mean e-mail addresses and designations, including, but not limited to, screen names, used for the purposes of chat, instant messaging, social networking or other similar internet communication.

(c)The term division shall mean the Division of Criminal Justice Services.

9 NYCRR 6057.3 - Requests for access to sex offender internet identifiers

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)An authorized internet entity's request for a subscription to obtain sex offender internet identifiers must be made in writing.

(b)The request must be on official company letterhead displaying the authorized internet entity's name, address and telephone number. The authorized internet entity must also submit to the division the name of a contact person and his or her e-mail address.

(c)The authorized internet entity must provide the division with documentation concerning its legal nature and corporate status, and the number of registered users.

9 NYCRR 6057.4 - Grant or denial of access to records

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)Upon receipt of a request for a subscription to obtain sex offender internet identifiers, the division shall determine whether the requestor is an authorized internet entity.

(b)If the division determines that the requestor is an authorized internet entity, it shall grant the request and the subscription to access sex offender internet identifiers shall be provided in a format to be determined by the division.

(c)If the division determines that the requestor is not an authorized internet entity, it shall deny the request. The division shall state, in writing, the reason for the denial of the request.

(d)An authorized internet entity shall not disclose or redisclose any information provided to it by the division unless necessary to enable the authorized internet entity to prescreen or remove a sex offender from its services or to advise a law enforcement agency or other governmental agency of potential violations of law or threats to public safety. An authorized internet entity may disclose information provided to it by the division to any person it is seeking to remove from its services or deny access to its services because the authorized internet entity reasonably believes such person is a registered sex offender. An authorized internet entity shall not use the information provided to it by the division to contact any person unless such contact is necessary to prescreen or remove such person from its services.

(e)If the division determines there is reasonable cause to believe that an authorized internet entity is engaged in a pattern or practice of misuse of the sex offender internet identifiers, the division is authorized to terminate an authorized internet entity's subscription to access sex offender internet identifiers.

9 NYCRR 6057.5 - Receipt of information from an authorized internet entity

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

The division may accept any information from an authorized internet entity concerning a sex offender or a registered user of an authorized internet entity and may forward that information to any appropriate law enforcement or supervision agency.

9 NYCRR 6057.6 - Fees

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

The division shall charge a fee to an authorized internet entity for a subscription to access sex offender internet identifiers as follows:

(a)If the authorized internet entity has less than five million registered users the fee shall be $100 per month.

(b)If the authorized internet entity has at least five million registered users but less than 15 million registered users the fee shall be $500 per month.

(c)If the authorized internet entity has at least 15 million registered users but less than 30 million registered users the fee shall be $1,000 per month.

(d)If the authorized internet entity has 30 million or more registered users the fee shall be $2,000 per month.

In its discretion, the division may fully or partially waive the fee when an authorized internet entity demonstrates that the fee would be unreasonably burdensome.

9 NYCRR 6057.7 - Liability

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Nothing contained in this Part shall impose liability upon the division or the State for any damages related to a registered sex offender's access to services provided by an authorized internet entity or damages related to any person's denial of service by an authorized internet entity.

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