New York Governor Bars Sex Offenders From Playing Pokemon Go (theverge.com)

Adi Robertson, reporting for The Verge: At the direction of Governor Andrew Cuomo, New York's correctional department has made playing online games a violation of parole for sex offenders -- particularly Pokemon Go. In a statement, Cuomo said that people on the sex offender registry are now banned from "downloading, accessing, or otherwise engaging in any internet enabled gaming activities, including Pokemon Go." He also published a letter that he sent to game developer Niantic, asking for its cooperation in preventing registrants from signing up. The decision is based on a report from two New York state senators, released last week. Jeffrey Klein and Diane Savino visited the locations of 100 registered sex offenders in New York City and found 57 pokemon and 59 pokestops and gyms within half a city block. They were particularly worried about the "lures" that draw pokemon -- and thus players, including children -- to a location. While criminals have used pokestops and lures to attract and rob players, there are no known cases of sexual predators using them so far. Nonetheless, Klein and Savino have crafted bills that would ban sex offenders from playing the game and require Niantic to remove any Pokemon Go-related items or locations from near their homes.

Comments

wait what

[Anonymous Coward]

"require Niantic to remove any Pokemon Go-related items or locations from near their homes."

fuck that shit I don't want pokestops removed from near where I live because some public pisser lives nearby.

Re:wait what

[blackomegax]

Tell that to the public urinators who got convicted for doing so discretely.

Re:wait what

[Anonymous Coward]

Educate yourself:

At least 13 states require registration for public urination; of those, two limit registration to those who committed the act in view of a minor.
Arizona, Ariz. Rev. Stat. 13-3821 (if the individual has more than one previous conviction for public urination-two if exposed to a person under 15; three if exposed to a person over 15); California, Cal. Penal Code 314(1)-(2), 290; Connecticut, Conn. Gen. Stat. 53a-186, 54-250, 54-251 (if the victim was under 18); Georgia, O.C.G.A. 42-1-12, 16-6-8 (if done in view of a minor); Idaho, Idaho Code Ann. 18-4116, 8306, 8304; Kentucky, Ky. Rev. Stat. Ann. 510.148, 17.520, 500, 510.150; Massachusetts, Mass. Gen. Laws ch. 272 16, ALM GL ch. 6 178G, 178C; Michigan, Mich. Comp. Laws 167(1)(f), 28.722, 723; New Hampshire, N.H. Rev. Stat. Ann. 651-B:1, RSA 651-B:2, 645:1(II), (III); Oklahoma, 57 Okl.St. 582.21, 1021; South Carolina, S.C. Code Ann. 23-3-430; Utah, Utah Code Ann. 77-27-21.5, 76-9-702.5; Vermont, Vt. Stat. Ann. Tit. 13, 2601, 5407, 5401.

https://www.hrw.org/report/2007/09/11/no-easy-answers/sex-offender-laws-us

Re:wait what

[Anonymous Coward]

Even if it is the exposure that makes it a sex offence, is being seen pissing really worth putting people on a permanent register for?

Re:wait what

[AvitarX]

I believe it's mostly people that were retroactively put on when the registry was created.

Plea to a slap on the wrist for indecent exposure, all done, then new rules.

I would expect most pissing in public lands you a drunk and disorderly now.

Re:wait what

[jedidiah]

Plus this is New York City we're talking about here. You can't stretch your arms without giving someone a black eye. Any kind of geo-location based restrictions on anyone seem totally absurd. Things like this in particular will impact a large number of people in the "blast zone".

Not even sure how that idea works in NYC at all anyways.

Re:wait what

[bill_mcgonigle]

Yes you exposed yourself, but you aren't a "sex offender" (except in the eyes of the law, since they've legislated one to equal the other)

Which is, in fact, a religious preference (Puritanism, specifically, the hell-spawn of the Massachusetts Bay Colony) . The naked human body is not automatically sexual in most of the world.

No wonder that mixing of Church and State detonates so spectacularly in every case where it's tried.

Re:wait what

[Anonymous Coward]

The federalist papers where just propaganda (many historians uphold this belief, though the supreme court usually sees them as dogma re: how to read the constitution)

If you REALLY want to know what the constitution means, you'll read the ratification debates. See, the American people met in town halls and libraries all across the 13 colonies to discuss the constitution and if they would ratify it. As you can imagine this 'founding generation' (not to be confused with the Founding Fathers) had many questions about the intent and meaning of various parts of the constitution. And many founding fathers/drafters of the constitution where present to answer such questions. The answers provided by federalists at the ratification debates often differs from what they said in the federalist papers, pointing out some nefarious motives and downright lies in the attempt to get the constitution ratified.

When debating the intent of the constitution, i don't care (and neither should anyone else) what the writers said they meant in published propaganda. what should hold legal weight is what was discussed in the ratification debates, Cause those debates are what caused the legally binding ratification of the constitution.
You'll only hear this opinion in a history class though, not in any college that is giving you a legal degree or poly sci degree.

Re:wait what

[omnichad]

13 states require registration for public urination

Where do I go register to urinate? I'd better do that before I get caught.

Re:wait what

[Darinbob]

I'm unsure which shame is worse.

No more pokemon Go in the US

[Chatterton]

If you should remove every pokemon in a zone of half a block around any sex offender, due to the size of the sex offender list there is no more place you can put a pokemon on the map of the USA :)

Re:No more pokemon Go in the US

[Fire_Wraith]

Never-mind that in many cases, the "sex offender" label is handed out for a wide array of crimes. Most people hear it, and they think of pedophiles and rapists, but it can cover far more than that. For instance, a drunk peeing in an alleyway can be prosecuted for indecent exposure, which is an offense requiring sex offender registration in many (if not most) states. In other states, two teenagers having otherwise consensual sex that their parents disapprove of can lead to statutory rape charges, which come with mandatory sex offender registration.

Re:No more pokemon Go in the US

[turbidostato]

Furthermore, you must weigh the same as a duck and be made of wood.

Re:No more pokemon Go in the US

[MooseTick]

I don't understand how there can be sex offender registries, but people who have committed murder have no such listings.

Re:No more pokemon Go in the US

[Kjella]

If you should remove every pokemon in a zone of half a block around any sex offender, due to the size of the sex offender list there is no more place you can put a pokemon on the map of the USA :)

I think you got that backwards. Due to number of "minimum x hundred meters from any school, park, whatever" quite ordinary urban areas are mostly off limits and so sex offenders are squished together in small areas that meet all the requirements. Heck I've even read stories that people ended up living under a bridge because there was no damn way to avoid all the limitations - probably intentionally so they'd move and be somebody else's problem. And due to the notification requirements the whole neighborhood is perfectly aware of this concentration which leads to most everyone else getting the hell out of there. So no, you'd have lots of circles but most of them would intersect ending up not covering much of the US at all.

Low bar for being in the registry

[Anonymous Coward]

Sounds like a misguided attempt to "think of the children!"

Does NY law really work that way?

[magarity]

Can the governor really just declare what is and is not a parole violation? Also, what communication ensures the parolees get the memo?

Re:Does NY law really work that way?

[SumDog]

If a person is on parole, they are still incarcerated. They're incarceration is relaxed for a given amount of time, in an attempt to rehabilitate (that's the idea anyway). Keep in mind, prisoners are slaves. It's in the constitution. The US allows two types of slavery: convicted prisoners and people in military service.

So yes, they can attach any arbitrary rules.

The sex offender list is fucking terrible in the US for reasons stated in other comments. Uncle bill who rapes a 12 year old shouldn't be lumped together with an 18 year old who fucks his or her 17 year old partner (which is legal in George, but not Tennessee because we have wildly varying age of consent laws, which itself is totally fucked up).

The justice system has no interest in truly finding a solution to sex offenders. We just punish and punish and punish and give them no hope of being able to fix themselves. In Australia, the sex offender registry is confidential. No one can access it except for very specific jobs and living situations.

Re:Does NY law really work that way?

[sycodon]

Since I've never been jailed and subsequently paroled, I yield to your experience.

What did you do?

Just Ban Sex Offenders

[Anonymous Coward]

With all the other restrictions we place on them... public registries, public notifications of where they live, living area restrictions, job restrictions, firearm restrictions, voting restrictions, social media restrictions, etc. All after they served their "time" for their crimes. We throw in a restriction from playing video games that work online?

Just ban sex offenders. Ship them all internment camps in Alaska... It's not like they're human anymore anyway. /Sarcasm

Realistically, we need to do away with these public list and what have you. If they already served their time why are they continually publicly shamed? And don't get me wrong, I have no sympathy for rapist and molesters. We should increase the penalty for these crimes, right up to chemical castration... Keep them in prison longer (also reduce the amount we spend on prisoners...) But once they get out, they're supposed to be "Reformed." So treat them like human. Otherwise keep them locked up.

This wouldn't be a problem

[JohnFen]

This wouldn't be a problem if sex offender registries only covered people who were actually sex offenders.

Better stop them from reading comics too

[gurps_npc]

And playing Dungeons and dragons.

They already are banned from going to church.

Is there any other way we can prevent them from living a normal life, and push them to re-offend?

Oh, oh, how about we ban them from drinking alcohol!

Re:Wait, wait.....

[DerekLyons]

You'd be surprised what people will tolerate when it comes to a witch hunt.

"Protecting the children" again....

[Slugster]

In the USA, prosecuting child molesters is the last bastion of the bureaucratic tyrant.
No punishment is too severe and no 'right' is too sacred to revoke in the pursuit of their private, twisted concept of justice.

Ban sex offenders from visiting libraries

[MobyDisk]

Sex offenders who download the game legally could pinpoint hot spots where children congregate, like pokestops or gyms, and meet them in person.

Pokestops and gyms are at libraries, museums, playgrounds, community centers, churches, etc. Without Pokemon go, how would sex offenders find these places? I guess the mayor thinks it is okay for sex offenders to go to playgrounds, but not if they are playing Pokemon go. They have to use Google Maps to find them. Ohh wait: maybe Google Maps should hide playgrounds, museums, churches, and libraries from sex offenders! We only want sex offenders going to bars and strip joints!

Re:Ban sex offenders from visiting libraries

[PPH]

It's not the sex offenders that are the problem, its letting kids plat games that encourage them to wander out into traffic while staring at their phones chasing Pokemon characters. Just ban kids from playing it.

Re:Ban sex offenders from visiting libraries

[fedos]

I was just reading about this televangelist who thinks that Pokémon Go is dangerous because Islamic Terrorists (tm) can use it to find where churches are, as if there's no other way to find churches.

How broad is this?

[jasenj1]

So no more Xbox, Playstation, iOS, Android, or Steam games then?
Anything that talks to a server could be considered "internet enabled". As could anything you download. Seems like an awfully big overreach by government.

Re: Wow...

[Anonymous Coward]

It's past time to stop these idiotic, useless registries and other crap. You do your punnishment and it's over. Since the reoffense rate is lower for 'sex offenders' than for most other types of crimes, nothing of value will be lost. Except of course people might get their lives back if they've otherwise earned it. Sorry, soccer moms, if actual data doesn't support your view of the world as a dangerous place that you get from watching too much Law and Order.

Leave it to New York to come up with more personal freedom infringing bullshit based on no reason. I think they're in a race with California to come up with the most personal liberty infringing garbage laws and rules.

And yes, it makes me a little sad to defend freedom including the relatively small number of actually dangerous people in these lists. It's just that lists like this, any list for any reason, are dangerous and wrong, because they spread to include other things and because membership on them automatically turns off thought in many people.

Probably Can't Do That

[sycodon]

I'm skeptical that the governor can unilaterally change the terms of probation and/or subsequent registration requirements and rules without the Legislature changing the law, unless New York has a King for Governor.

Re:Probably Can't Do That

[strstr]

It sounds like a crock. I am no sexual predator nor am I associated with any. I don't defend them. But I take issue with the way the governor thinks he can discriminate and punish people by preventing them from living their normal lives. I personally think even if I or anyone else is a sexual offender they should be allowed to play Pokemon Go and virtual games and they are over strepping their authority to ban people from playing them.

I know the constitution is weak sauce though that's why governors and congress get away with such abuse.

Besides the 14th amendment right to liberty you ain't got a whole lot else protecting you and its so weak that they interpret that to mean all sorts of things. It might not be a protected liberty to play Pokemon Go..

A new constitution should be in order to prevent government from singling out people and attempting to regulate things government and group mobs should have no business regulating.

http://www.oregonstatehospital...

Re:Probably Can't Do That

[strstr]

And no I don't think kids and Pokemon Go go hand in hand .. Adults play Pokemon go more than kids
  I have yet to see kids play it but all my friends who play are adults. Everyone I see walking their dog and playing and dudes on the bus playing have been adults.

I don't see the connection of Pokemon Go and kids and sex offenders.

I see the governor using it as an excuse to target and discriminate against a class of people, in this case the so called sexual offenders. They similarly target many people the same way.. Its a gross abuse of power that needs to be stopped.

The governor believes society will back him up because everyone else thinks its acceptable to crap on sexual offenders or certain other classes at opportune times.

Re:Probably Can't Do That

[nedlohs]

The 14th doesn't help either, since it says "without due process of law" and if you are parole then you have already had your right to liberty removed under due process of law. Parole is the government giving you back some of but not all of those liberties.

I would suspect someone on parole who finds not being able to play pokemon go too drastic a restriction can opt out of parole and spend the rest of their sentence in prison instead.

Re:Probably Can't Do That

[Anonymous Coward]

Blatantly unconstitutional. If they can't function in the world, laws need to change so they can't be released. If they have served their sentence, then stop with the unconstitutional life punishments. All it does is ensure recidivism. Either they are a risk to society or they are not. It's that simple. If they've paid their debt to society, then stop punishing them. If they haven't, then why the fuck are they out of prison?

Our penal system is so fucked up.

Re: Probably Can't Do That

[DMFNR]

It seems from reading the actual article that this applies only to registered sex offenders who are on parole. Parole is basically serving your prison time on the street in exchange for the offender giving up various freedoms. Most parole agreements require absolute sobriety, curfews, travel restrictions, and parole officers can add pretty much whatever arbitrary restrictions the deem fit. On parole/probation/extended supervision you are not a free citizen, you are a ward of the state, your rights are severely restricted. So I doubt they will have any trouble banning people on supervision from playing these games, they can already forbid Internet access and things like that. It doesn't even take the governor, any parole officer could have done this himself but writing a single sentence on a rules agreement. The gray area comes if the rule persists past parole, as it's possible to be a registered sex offender but no longer be in department of corrections custody. The article is not clear on whether or not that's the case, and I am not sure what exactly is required to restrict the rights of a free citizen on the sex offender registry. Perhaps it could becovered under already existing rules restricting contact with children.

Re:Probably Can't Do That

[telchine]

And no I don't think kids and Pokemon Go go hand in hand .. Adults play Pokemon go more than kids I have yet to see kids play it but all my friends who play are adults.

Well there are more adults around than their are kids, but to say kids don't make up a sizeable portion of the players would be inaccurate. Admittedly most of my friends are adults, so most of my friends that play Pokemon Go are adults, but that's selection bias! I see plenty of kids playing it at the mall or in the park.

I don't see the connection of Pokemon Go and kids and sex offenders.

I go running in the park, I sometimes see kids playing it in groups. I usually give them a friendly hello and ask them if they've caught any yet as I pass. It's not inconceivable that a sex offender could strike up a more meaningful conversation, so I can see some kind of connection.

Obviously this legislation would be ridiculous, practically uneforcable and there's much better areas they could be focussing on. However, I can kind of see where they're coming from even if it is a bit of a kneejerk "think of the children" reaction.

Re:Probably Can't Do That

[dryeo]

I read it as anyone on the sex offenders list, which to my understanding is a list that Congress mandated rather then a Judge.
Here in Canada, to be put on the sex offenders list takes the action of a Judge at sentencing, and they only do it when needed, eg people who are actually sex offenders, not someone caught having a piss. Probation also usually consists of keeping the peace unless a Judge adds extra.
Same with arms, not a right here, but you only lose the privilege if a Judge says so, usually due to doing something stupid with a firearm, not smoking a joint. 2nd amendment is pretty simple, people have the right to bear arms, not honest people have the right to bear arms.
Americans, they have a decent Constitution, but let it get abused so much that everyone takes it for granted that there are all these exceptions that have been added through the amendment process. Want to remove rights from the population, write it into your Constitution rather then having political appointees ruling on it.

Re:Probably Can't Do That

[nedlohs]

You can't violate parole if you aren't on parole. The actual statement is explicit and clear too: https://www.governor.ny.gov/ne...

In other news...

[phresno]

... Niantic today announces the relocation of its corporate headquarters to Ireland.

And yet...

[sootman]

Murderers -- or, as I call them, "life offenders" -- are still free to play.

Moral of the story: if you're going to rape someone, you may we well kill them, too. Life will be easier when you're released.

Re:Ah, Summer

[powerlord]

"Cuomo said that people on the sex offender registry are now banned from "downloading, accessing, or otherwise engaging in any internet enabled gaming activities, including Pokemon Go."

Yeah, I don't think that's legal on the face of it unless it's part of the offender's court order, and I don't think a Governor has the power to do that in any case.

Ah, Summer. Your first witch hunt.

Gotta burn them all.