The California ballot includes a proposition that would require all registrants to disclose internet activities and identities within 24 hours of its passage. This requirement is hidden within Proposition 35 which states its focus is upon stopping human trafficking. The proposition would also require anyone convicted as a sex trafficker to register as a sex offender.
Supporters of this proposition include the California Statewide Law Enforcement Association and the Police Officers Research Association. It is not surprising then that fines collected from sex traffickers will be used for law enforcement! The combined investment of these two organizations — reported as about $700,000 — could pay great dividends since individual fines could reach $1.5 million.
California RSOL joins organizations such as the California Association for Criminal Justice. the California Council of Churches, and the Harvey Milk LGBT Democratic Club in opposing Proposition 35. Please vote NO on Proposition 35 to protect the privacy of more than 100,000 citizens!
If this proposition should pass, California RSOL will participate in legal action to stop enforcement of this proposition.
NOTE: Also see commentary and comments here
and somehow email addresses of people would prevent human trafficking.. a person can have thousands of email accounts easily by sitting on a computer for 30 minutes… in comparison of actually mailing addresses, it may take a few weeks… This sooo makes perfect sense..
Reading the ballot text:
=> current RSOs will have to submit their e-mail addresses, screen names and providers immediately (whatever that means) after passage of this bill, and then within 24 hours (!) WITH EVERY CHANGE (addition, deletion or modification).
290.014.(b) If any person who is required to register pursuant to the Act adds or changes his or her account with an Internet service provider or adds or changes an Internet identifier, the person shall send written notice of the addition or change to the law enforcement agency or agencies with which he or she is currently registered within 24 hours. … Each person to whom this subdivision applies at the time this subdivision becomes effective shall immediately provide the information required by this subdivision.
“Internet identifier” means an electronic mail address, user name, screen name, or similar identifier used for the purpose of Internet forum discussions, Internet chat room discussions, instant messaging
Do I smell a logistical nightmare?
I too have shared Prop 35 within my world and told them of the hidden requirement for RSO’s and asked them to vote NO, I already have. My question is … Internet Identifier, I’m confused. I know that your AOL, YAHOO or GMAIL account information would have to be provided, but what about your Directv account? your car insurance account? Your Macy’s log on? We all have “internet identifiers”, “username” and they are not necessarily the same as your email … again, another law that is NOT CLEAR.
How far does Prop 35 reach? To only your “email” (internet identifier) you use to communicate with friends and family or further, does it include your work email? I tired to decipher some of the Prop but got lost in the mumbo-jumbo of internet identifiers and whether it’s at a library or work or home …. will they ask for passwords next?
MM, see the pdf link and(proposed)section 290.014 where definitions are provided. If your DirecTV or Macys account offers a comments section or chat capability once you’re logged in, then I am reading into it that you would in fact be required to disclose your user ID for those accounts. What doesn’t seem clear is whether “chat” capability would include sites that offer a chat feature to interact with their technical support team. This may be splitting hairs but I’d hate to see someone get arrested on a technicality and this legislation is rife with opportunities to entrap someone based on technical aspects.
As Joe said, this would be a logistical nightmare.
What about posting on this website? You can post under a new name all day long, if you so please. Is every time you write something under a user name (just because you do not register per se that does not mean you are not posting under that name) cause to provide that name? What if you stop using it?
What if you sell something on craigslist? They assign a unique email to the each posting. Does that need to be provided? What if you sell the item / delete the posting. Terminating an identifier is a change per the definition.
What is the process for informing the police of a new name / identity? Must you appear in person? Registered letter? E-mail? Is there a form? Or do you just scribble something on a piece of paper? What determines the 24 hour period? USPS stamp? Personal appearance?
What if your annual appt comes and they do not have a current list of your digital identifiers? How, oh how, can you sign the form if it is not correct? I would not if I had back-up (and believe you me I would).
This must be the least thought about piece of legislation on the planet! Lets see, if it passes, if they did not bite off more than they can chew!
One should not forget, that failure to comply with PC 290 is an automatic felony or misdemeanor, depending on the underlying conviction. No nag letter, no fine, no lien against some asset. A CRIME – very likely a felony – poor book-keeping skills suffices. For something that is completely unrealistic and entirely ambiguous.
If someone were intent on creating repeat felons, this legislation should do it…
Thank you everyone for your insightful comments. The situations you have described are why we will be fhallenging the enforcement of the proposition if it passes. Please stay tuned! And, yes, donations to the “cause” would help us to what needs to be done.
just be ready…..basicly we cant do nothing about this and most probably it will pass.
so, stay alert and contact your registered police department at he same day as this measure passes. otherwise we will fall into this new trap with a new mosdimonor or felony,
if it passed, what we have to do? should we contact our city police department immidiatly?
These are such great comments – I especially love the one about CraigsList which I use frequently to offload this or find a deal on that.
The insanity continues…
In this day and age anyone younger than my parents has more Internet accounts than they realize. As an IT consultant somoene in my role probably has more than the average end user and to compile a comprehensive list for every forum, blog, support site, email, ISP, telco, bank, shopping, or merchant account that I have established since I entered this career in 1997 without an accidental omission would be impossible. I maintain client accounts for software licensing, domain registrars, etc. Must I disclose those as well? That would be a breach of any NDAs I have in place with them.
Will this list be publicized? I remember a story within the last couple of years where this happened in another state. The list of email addresses was made available to FaceBook who immediately de-activated profiles associated with email addresses on the list.
My gut tells me that the gross ambiguity of this law will cause it to be struck down or suspended the day after it passes. Of course, this will only happen if we have someone to file an injunction. Does anyone know if Janice Belluci or the ACLU is standing by? Where can I contribute to help fight this battle?
We’ve got our letter ready, addressed to the Chief of Police with “internet identifiers” listed (fortunately, there are only 7 of them) … if (when) this law passes – when will it go into effect?? (Is that an ignorant question? I just don’t know.)
I’m also sure that once the letter is sent to the Police Department they will most likely react something like … “Great, now what do we do with this letter and information?”
I would hope this portion of the law would be struck down, but who knows? Within court could take a long time. No wonder the law says ‘immediately’ since they must realize there is good reason for this portion to be struck down, but at that point, law enforcement already has all of the email and forum accounts, and who knows what they plan to do with those.
Are they really going to arrest 150,000 people in 24 hours for not knowing the fine print of a brand new law, and not having been asked to provide the information? Or for not providing information in full, because of unclear wording or accidental omission?
I have read in some places that it requires passwords as well, but I did not see anything specifying that in the wording of the proposition. I did however notice it says that registrants must fill out the form, and it seemed to indicate that the form might change: perhaps on the form it will ask for passwords? I know the Patriot Act already allows Homeland Security to scan email and telephone calls, but that is very different than local and state law enforcement having your passwords to accounts. Wouldn’t this violate the right to privacy? Under normal circumstances law enforcement would need a warrant to tap phones, computers and read personal mail, so how would this be legal? This also violates the privacy of all my friends, family and business clients.
I also do online banking, I don’t want to have someone I don’t know and don’t trust having access to this through my email.
With a voter approval rating projected at 77% this looks like it will be a reality in a few days.
Alas, I think this is going to pass. I am a member of SEIU, and a strong supporter of my union; however, it grieves me and I am ashamed to say that SEIU is supporting Prop 35 and recommending that its members vote yes. Brace yourselves–it’s going to be a bumpy ride.
So what is the actual requirement for rso’s?
The wording of the proposition is not very clear.
It states ‘internet identifiers’ must be given to law enforcement ‘immediately’ after the prop is enacted, which would mean the day after the election. But what information must be given exactly? For sure, the name of the company that provides the internet access (but not the actual IP address it would seem) and email addresses. But other online identifiers? For what? Forums, social media & chatroom only? Or for blogs & sites like this one as well? Would I give them simply ‘DZ’ because I have posted a comment here or would I give them DZ along with this website, or none because it isn’t a forum or chatroom? The law is not clear at all. If I use the same forum name for many forums do I give them my handle only, or list every forum I tend to post on, and then, if I use the same forum name on a new forum- is that no change because it’s the same name, or is it a change because it’s a new forum and they will require written notice of this within 24 hours? The law says nothing about listing the website addresses of forums you post on, but is it implied? It isn’t clear.
Also, what prevents someone from using the same forum name you use on one forum on a completely different forum? How will the police know this is not you? Nothing prevents a person from purposefully or accidentally creating the same name someone uses on one forum but on an unrelated forum. Will people be arrested because a stranger made a name that was the same as one of theirs?
What will they do with these email addresses and forum handles? If they list it on the meagan’s law website that opens up registrants to internet harassment and loss of business.
Most rso won’t even know about the provision of this new law, and so are they open to be arrested for violation of registry? I am burdened with this legal stigma, what info exactly am I required to give the police on Wed. morning? despite this obviously being a bad law and surely unconstitutional, I will give them what I must but nothing more than I have to, because I’m sure not giving them an excuse to throw me in prison. I was foolish once, never again. The requirements are vague and undefined. It seems to be a trap or ‘gotcha’ law.
What info must be given? There isn’t much time left to figure this out.
Although I am a lawyer, I am not giving any one person legal advice. If I were a registrant, I would prepare a list of online identifiers and have it ready IF it is necessary to provide such a list to law enforcement. However, if I were a registrant, I would not provide the list to anyone until 23 hours, 59 minutes after the proposition is passed. Why? There will be a legal challenge to block its enforcement and if one has already given such a list to law enforcement, one cannot take it back. More to be posted at a later date.
Thank you Janice!
I am glad to hear that this is being challenged and that it’s already being prepared.
I understand this isn’t personal legal advice, just asking an informed person their personal opinion and for general governmental definitions that should be (but seemingly are not) made general public knowledge.
When does the clock start ticking?
Looking online all I could find is that a proposition is enacted ‘the day after it is voted on and passed’. Does that mean 12:01 a.m. or 24 hours after the poll closes, or is there a moment of official recognition of a proposition becoming a law which is announced? And then, after whatever time this is, do we have 24hrs from that point?
24 hours is not a lot of time to overturn a law, which I’m sure is the reason they wrote it that way, so will the first step be trying to get a temporary hold put on it? Or will there be a shot at striking it down immediately? and if so, is this the best location to find out such information? I’m new to this site, but so far very impressed with the information and motivation. You have my gratitude.
“Online identifiers” is a broad term. What, exactly, are they? Where do we start? Also, my husband hasn’t been near a computer in over 5 years. We haven’t had one in our home due to his parole restrictions. I doubt that he even remembers any email addresses he might have had back then, as he rarely used a computer before his arrest anyway. How far back do we have to go?
I’m a bit confused as to who all would be required to disclose internet activity….ALL registrants currently on the registry, or just those convicted of human trafficking, which is what Prop. 35 is primarily about?
Attn Pam and Mad Mom:
Definitions are provided within the proposition’s language that answer your questions. Internet service provider and internet identifier are spelled out. Also, this amends the information required to be provided to law enforcement when registering for those required to register, which means EVERYONE subject to PC 290 registration requirements would be expected to comply.
Is there any more word on the constitutional challenge/injunction being prepared by the CA RSOL? It seems very likely that prop 35 will pass.
Also, if they get our provider info wouldn’t that give them access to our families internet info?
So..umm what now?
http://vote.sos.ca.gov/returns/ballot-measures/
what do we do now? do we send in our internet info or wait for lawsuit filed please let us know
Its like Proposition 83 (Jessica;s Law) all over again, maybe it’ll cause a mess and no one has any clue how to handle it.. still years later Jessica’s Law is sort of baffling everyone.. can it be retrograded or not.. who knows…
So, am I to understand that final poll results passing the proposition (as it most certainly will) begins the clock tolling? Can that possibly be? If so, I propose anyone who is affected by this scurrilous law to immediately begin to register as many free email addresses and social media identities as possible. The more, the better. Bury them with paper! Also, it does not appear that passwords are required to be handed over. Is that your understanding, Janice?