Juvenile Crime Online

Children allowed to spend countless hours unsupervised online may be lured into, or knowingly choose to join in criminal activity on the Internet. Parents of children prosecuted by the District Attorney's Office are often amazed to learn their honor student has engaged in criminal activities online.

Unsupervised Young Internet Surfers Can Quickly Learn How To:

• Download copyrighted songs costing the music industry millions of dollars in lost revenue.
• Chat with members of hate groups or satanic cults and be lulled into their illegal activities.
• Join groups that steal or pirate copyrighted software.
• Join criminal syndicates that give children valid credit card numbers in exchange for accepting and forwarding stolen merchandise.
• Create bogus eBay accounts to sell non-existent merchandise.
• Hack into corporate servers and steal or destroy information.
• Steal identifying information on other people (such as credit card and Social Security numbers) to make online purchases, ruining the victim's good credit.

Parental Liability for Children's Online Crime : "What I Don't Know Won't Hurt Me, Right?"

Wrong. Even if you have no knowledge what your child is doing on the Web, you can be held responsible if he or she is convicted of an Internet-related crime.

California Civil Code Section 1714.1 states that parents are held jointly and severally liable with the minor for the child's acts of willful misconduct resulting in death, personal injury, or property damage. To learn more about the law, click here.

Examples of several types of juvenile criminal activity in which parents could be held responsible - and in some cases have been held responsible - are listed below:

• Your son creates a bogus eBay account and scams people out of thousands of dollars.
• Your daughter downloads hundreds of songs and is caught. Wanting to make an example of her, a music label files suit. You could be held liable.
• Your son is selling CD-ROMs of pirated software or "Warez" to other children at school at a fraction of the cost. Software companies file suit over the lost revenue. You could be held liable.

Here are recent headlines from the Los Angeles Times.

• Song Swappers Face the Music (September 9, 2003)
• Music File-Sharing Flap: War Against Customers (May 2, 2003)
• Music Industry Tries Fear as a Tactic to Stop Online Piracy (April 30, 2003)
• Copyright Battle Now Turns to Other Fronts (April 26, 2003)
• Music, Movie Companies Rebuffed in File-Sharing Suit (April 26, 2003)
• Verizon Ordered to ID Song Swappers (April, 25, 2003)

These are just a few examples of how the conduct of an unsupervised young person on the Internet can come back to distress parents. Considering the consequences - heavy fines and other penalties - it makes sense for parents to monitor their children's Internet use.

Is Your Child Engaging in Online Crime?
Children can unknowingly be lured into schemes or believe their actions are not of any significance. Warning signs that your child may be engaged in illegal online activity are serious. If you suspect wrongdoing, you can be on the lookout for clues that include:

• Your child uses the Internet excessively, unmonitored by you.
• Your child is secretive about online activities.
• Your child turns off the computer or changes software applications when someone else enters the room.
• Your child waits until other family members are asleep or away from home before going online.
• Your child uses online accounts that you do not recognize or has multiple e-mail addresses.
• You find software on the computer you did not purchase.
• You find illegally obtained software on your computer.
• You find credit card numbers on the computer that are not your own.
• Your child has an eBay account when by law you must be 18 years of age to have one.
• Your child receives unusual phone calls, packages, or letters in the mail.

Preventing Your Child From Engaging in Online Crime

Concerned Web Parents can protect their children by doing the following:

• Talk with your children about the crimes children can commit online, emphasize that such crimes are prosecuted, and are accompanied by jail time and/or probation. A criminal record for a juvenile can be a life-altering experience, especially for those who may be applying to college or military academies.
• Keep the computer in a family room so that you can monitor Internet use. Explain to your children that your duty to protect them includes the right to monitor computer use. If you suspect a problem, then you will randomly monitor their Internet activities.
• Install an operating system that makes you the administrator, for example, Windows XP or Mac OS X. Create a password that will allow only you to control the computer's Internet settings, online content, and the software that can be installed. This is a very important step in monitoring online activities, even when you are away from home.
• If you have an earlier version of Windows such as Windows 2000, Windows 98, or Windows NT, and would like to know how to take control of your computer, do the following: Click "Start" on your taskbar, select "Help" when the new window opens, click on the "Index" tab, then type in the words "User Account". Follow the instructions provided to become the administrator.

Note: If you are unable to establish yourself as your computer's administrator after following the steps above, then someone else has been designated as the administrator. If the administrator is your child, you can regain control of your computer through your child's user ID and password. Once you become the new administrator, you can control the Internet content and Web sites your child has access to.

• To avoid unnecessary risks, do not allow children to have multiple e-mail accounts or create accounts without your knowledge. Instruct your children to give you their e-mail and chat passwords. Internet accounts and primary screen names should be in your name.
• Go online with your children. Find out who they chat with and prohibit the use of private chat rooms with people they don't know personally. Ask them about the people that are on their contact and/or buddy list.
• Educate your child to let you know immediately if a stranger tries to make contact with them on the Web, whether through an Instant Message, chat room, or e-mail. The stranger may be an adult pretending to be a child, or an Internet con artist looking to recruit children to do his online dirty work.
• Remind your children they are not allowed to purchase or sell anything on the Internet without your consent. Additionally, the law prohibits minors from creating an auction house account.
• Always review with your child the importance of keeping all personal information private on the Internet, including his or her name, age, photos, gender, physical description, hobbies (especially illegal ones such as hacking, pirating, etc.), telephone number, address, etc. The Internet is a place where children can quickly be recruited to join fraudulent auction house rings, hacker clubs, and other criminal syndicates.
• Set rules as to what sites your children are allowed to visit and which ones they are not. Be on the lookout for sites where children can go to illegally download software, and watch for "hacking" sites that teach people how to infiltrate business and government computer systems.
• Set time limits on their computer use. Children who spend substantially more time in front of the computer than they do interacting with their friends in person or on the phone may be prone to take part in criminal online activity. Do not let your children's Internet identity define who they are. Children need real world social outlets.
• Avoid Instant Messages and online chatrooms while doing homework. Consider purchasing third-party filtering software such as Cyberpatrol or NetNanny. You should be able to find software that meets your needs at most software electronics stores.
• Become familiar with the Web browser your children use, and restrict the type of content (violence, sex, and language) that can be viewed.

Children Hurting Children on the Internet
Parents who do not approve of their children picking on other children at school should be equally concerned about their children engaging in such behavior over the Internet. Children too often use the Internet to engage in personal attacks and other activities aimed at hurting peers. The Web provides another way to bully, spread vicious rumors, or harass others. Young people can verbally attack someone through e-mail and by posting messages about an individual on a Web page. In extreme cases, such as when the language threatens someone's life or is aimed at a specific person because of that individual's ethnicity, race, religion, or sexual preference, that conduct may be prosecuted.

Even when the online speech is protected under the First Amendment, it can still hurt the intended target. Children who are repeatedly bullied or harassed by their peers suffer emotional anguish that sometimes manifests itself into violence toward others.

Curbing Online Attacks on Others

If you discover your child is bullying someone through e-mails, or is defaming people through Web page postings, consider doing the following:

• Ask your child why he or she is engaging in hurtful behavior.
• Explain why such conduct is inappropriate and how it could have negative consequences, including lawsuits and even criminal prosecution in some cases.
• Get the e-mail address of the individual your child is harassing, and ask that person to contact you if it ever happens again.
• Tell your child that continuing with hurtful online activities will result in negative consequences, including the loss of computer privileges.

The Ventura County District Attorney's Office
For Children Only: Pledge to Be an Honest Web Surfer

Engaging in illegal activities can hurt you and members of your family. Perpetrators of Internet crimes are easily traceable, thanks to sophisticated tracking tools used by law enforcement and Internet companies that are at risk for product theft. If you are committing online crime, getting caught is only a matter of time.

Make a pledge not to abuse your Internet privileges. You can be an Honest Web Surfer by promising to follow the Code of Conduct for Honest Web-surfers:

• I will talk to my parents about what I'm doing online and discuss with them the Web sites I'm visiting.
• I promise not to talk to people whom I do not know, and I promise I will never give any stranger my telephone number or address.
• I promise not to add anyone to my IM buddy list that I met in a chat room because I do not know if they are who they claim to be.
• I promise to immediately let my parents or guardian know if a stranger tries to contact me while online, whether by e-mail or an Instant Message.
• I promise not to surf sites that are bad for me - including sex sites, hate sites, or sites that talk about violence or drugs.
• I will not sabotage my parents' ability to be the administrator of our computer.
• For my own safety, I will give my online passwords to my parents if they ask for them.
• I will never agree to meet anyone with whom I become acquainted online.
• I promise not to download any music that my parents or I have not purchased or was not available for free.
• I will never hack into and/or destroy any computer system.
• I promise not to create any business or auction any goods online, either directly or for someone else.
• I will never make purchases using someone else's credit card number. That is a crime.
• For my own safety, I will not chat with any of the following individuals: hackers, bootlegged software peddlers, and members of hate groups or religious cults. They can expose me to danger and illegal activity.
• I will not use the Internet to threaten, harass, or bully anyone. I will not participate in email attacks on others, and I promise not to post messages damaging to another person's reputation.
• I agree to follow these rules because I care about what may happen to me, to my parents, to other persons, and to my country.

Signed: _____________________________________________ Date: _______