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
So does this mean that RSOs have now until 8pm tomorrw to turn in internet info? Which actually means now till 5pm as It seems that the only way to submit the info is either postmarked mail or showing up in person.
Any word by CA RSOL on whether RSOs should wait for the proposed injunction before submitting the information?
the proposition says nothing about passwords (I guess they didn’t want to make it too easy for them to have it overturned) and interestingly it says nothing about providing which forums, social media & such that the ‘internet identifier’ is used for. So emails and this would be listed as simply ‘DZ” as I understand it. Opens up huge problems since there could be hundreds of different people with the same ‘identifiers’ all over the internet on widely different forums & sites.
Polls closing mean nothing. The wording of the prop. says ‘when enacted’ – which best of my research says is the day after the election. But there must be some kind of official moment when a voted on proposition is ‘enacting’ into law, since sometimes there are recounts, delays, etc. When this is for certain I don’t know. I had thought that sometimes a law would pass but it’s moment of implementation would not be for several months, or until the first of the year, etc. Nothing in the proposition says when the law will take effect, only what rso’s must do once it is enacted… which again, isn’t clear when that is.
I contacted the 290 unit in San Jose last week and they were completely unaware of the provisions of the proposition. After he spoke with his sergeant he called me back and said that they have no idea what we are supposed to do as of now, adding that it is very strange that a law would go into effect immediately instead of on January or July 1st like most new laws. He thanked me for being diligent and told me to sit tight until they know what they are supposed to do.
I plan to call him again in the morning to see if they have any new information. Hopefully there will be an injunction in the meantime so this horribly punitive law can be challenged. If you are off parole or probation as I am, you have already paid your debt to society. Keep up the fight.
I tried to contact local 290 unit. left message twice regarding this issue asking for guideline, but didnt get back.
I think to be on the safe side send your internet Identites by certified mail tomorrow, and try to go to local police department and meet with 290 unit if possibl. if not, drop off a copy for them with Attn 290 unit on it.
thats all I think we can do for now to avoid to get in trouble. Hopfully a law suit with RSOL will block this section on the prop 35.
I am really sick of this. Amerika is supposed to be a place where everyone deserves a second chance…right? Well, that turns out to be nothing more than a clever advertising slogan! It doesn’t apply to “sex offenders” (whatever that really means). Kill someone…do your time…pay your debt to society and you get that second chance but in the holier than thou USA mention sex…yes, SEX and everyone goes nuts!
I say that the time to fight the madness is here and I for one am not afraid to fight any longer and I certainly I am tired of hiding!
Join me!
I’m not a RSO, but my boyfriend and father both are, and I think some of the laws are nuts, (like when I saw an article in the paper where a 19yr old showed a couple toddlers porn on his computer and got 7 or 9 yrs, but a murderer on the same page only got 3!) but this just takes the cake.
People required to register can knock this thing on its butt really fast…. I’ve been trying to figure out where to post a call to action…. Every RSO needs to join multiple forums daily and send each of those accounts within the 24 hour limit…. overload them until they see how crazy this is.
It’s not totally unreasonable either… I have ADHD and go on ‘research trails’. When I do I normally end up registering on several different sites just to be able to read one forum post on each. I’ve seen my boyfriend do the same thing, and I know we aren’t the only ones.
My question is, what about accounts you’ve made and forgotten about? I’ve had over 30 email addresses (doing online surveys you don’t want to use your main email because of spam), and thanks to my almost daily ‘research trails’ I’ve probably signed up on 2000 forums in the last few years, and I don’t remember most of them cause it was only the one visit to the site. I guess law enforcement is lucky I’m not RSO, they’d hate me lol!
And what’s to stop RSO’s from making a new account and not reporting it? It’s so EASY to hide your online activity that they could get away with it, which makes this useless…
What if you share a computer with someone… do their accounts have to be reported too so that it’s known they don’t belong to the RSO?
And they can use this to net people for other crimes… do you really think they’re going to ignore a demonoid or piratebay account? What about an account to access healthy, normal porn? Will that throw up red flags? The worst thing is… even if you wanted to get rid of a lot of accounts before this happened, most sites don’t have any way to cancel your account! And again, how do they know what accounts on your IP belong to you or a family member? Next they’ll use this information to claim that RSO’s are the majority of illegal downloaders or something!
And how likely is it that someone who commited the crime of incest (or peed by the side of the road, or the 18yr old who had sex with his 17yr old girlfriend) would even use the internet to commit a crime? I could almost understand requiring that information from people they catch committing crimes online, but this?
Sorry for the rambling. ADHD makes it hard to think neatly and unfortunately it shows…
But, yeah, if they actually enforce this, everyone needs to just overload them with new accounts daily, after a couple weeks of that, law enforcement themselves will beg for it to be repealed.
We all need to show at the meeting on the 10th.
No word yet on a challenge to the prop?
Wondering … should we contact the police department where registered and straight forward ask them when they expect to receive the required information?
I’m sure the PD isn’t exactly aware either of what to do with the information when it is provided. Also, does the RSO have to present the information themselves? It’s not like they are registering, right?
I want to bring it myself if necessary AND upon giving them the letter REQUIRE them to sign some sort of ‘homemade’ receipt that they in fact DID RECEIVE IT. What they choose to do or not to do with the information will then be up to them. I don’t care if they lose the letter after it’s been delivered but I want a receipt showing it was provided … and, what if they refuse to sign receipt of such???? Do we make a stand and just “sit” in the lobby until somebody does? Such crap.
See you Saturday.
I JUST CALLED SAN DIEGO PD THEY SAID NO CLUE ABOUT PROP 35 AND THAT IT WONT EVEN GO IN TO EFFECT TIL JAN 1ST SO HE TOLD ME WE DONT HAVE TO SUMMIT ANYTHING AS OF NOW ………………… PLEASE INFORM ALL RSO SO NOT TO VOLUNTARILY GIVE PERSON INFOTO POLICE ITS NOT A LAW TIL JANUARY 1ST LOVE AND PEACE AND FREEDOM FOR ALL
I’m an RSO. I’m off probation. I feel like we all got life. Even though they call this administrative law. They make complying almost impossible. Of course, everyone has to look tough on crime. All of these bloated public safety budgets want grant money. I wouldn’t be to surprised they will demand we are microchipped. It wouldn’t surprise me in the least. We are probably the most politically vulnerable group out there. I think we should sue the legislation and the courts for padding careers of questionable legislators and cops. Yes we did wrong. Yes the courts punished us. But if we were Hollywood types or prominent members of government, you have read the scandals, they abuse kids and continue to serve. I say it applies to all of us prosecuted and convicted for sex crimes. We are supposed to have due process and equal protection. Where is it?
I just turned in my info to Glendale PD fronth desk.
After that finally I was able to contact officer in charge of 290.
He had no clue what I was talking about. He didn’t even heard anout prop 35.
However, he thanked for it and said he will get mydroped mail from fronth and
Will contact me if neccecery .
I turned in my info just to be on safe side. Better be safe than sorry.
Hopefully things well for all of us.
Steven, be careful. I found this:
http://www.dof.ca.gov/fisa/bag/initiatives%20and%20propositions.htm
It describes the CA law on how propositions become law. While some propositions state they go into effect at a later date, such as ‘Jan.1st’ it says that unless the proposition states this, the proposition goes into effect the day after it is voted on. I’ve just read the proposition again and did not see anything stating a date for it to go into effect, which would mean it defaults to going into effect today.
Likely the officer you talked to in San Diego doesn’t know this, and law being what it is in CA, his ignorance of the law isn’t any more excuse than anyone else’s. Unless they gave you something signed saying you tried, but they don’t want your internet list, then should they realize their mistake and want to arrest you for violating registration, they can do it.
‘Immediately’ isn’t defined, though I would think 24 hours to supply the information is reasonable since it states any change must be notified within 24 hours. However, that would put the deadline at tomorrow, and today might be safer. I’ve yet to contact them since I’m still hoping for word today that there will be a block on this law.
I share a house with two friends, neither of whom have any legal problems:how is giving the police my internet provider not a violation of their privacy if the info is used to track activity? For that matter, should they do something illegal wouldn’t the police jump to the conclusion it is me and use it against me? For another, what use is the information anyway? Knowing the company that connects me to the internet doesn’t really provide any useful tool to them does it? It doesn’t show activity,they’d still need a warrant to access the account? though in this age of the Patriot Act that might be easy to get around.
And yes, I am tired of being considered a constant threat when there is no reasonable belief I would be one. I’m tired of the constant anxiety that more rights will be taken away. I’m tired of the stress from wondering what new law will be retroactively applied to me,despite no constitutional ground that it should be. I’m tired of knowing that a foolish choice I made that was only serious enough to get me 1 year in prison leaves me with less rights after I supposedly ‘paid for my crime’ than repeat drug dealers, violent gang members, even murderers. They have no issue starting over and rejoining society, why should I? I am tired of waiting, while Immigration delays my application for my fiancee to come to this country- over a year now for something that should take 3-5 months, apparently planning to use the Adam-Walsh act against me, to deny her coming here- though the act clearly says it prevents anyone with a violent crime from sponsoring a foreign wife or fiancee, and my crime was not violent, yet still they ignore me and my immigration lawyer. Where is the luxury of the term ‘ex-con’ for me? I am a law abiding person with no intent to ever hurt anyone, why do I not merit the pursuit of happiness?
My lay opinion: sit tight for awhile, hope to hear what happens today, but be ready to contact the police with your list of email addresses & internet handles (only) and the company name (not IP address) of the company that provides your internet access, and have a ‘receipt’ written up to have them sign it. Wouldn’t hurt to take pictures of these things when you’re in the police station for added protection. Hand-delivery would be better than registered mail.
Good luck everyone. For the sake of all rso’s, their families, and in fact, society as a whole, I hope this law is struck down.
The ambiguity of everything is just ridiculous. We can’t even get official word of what EXACTLY is required and when.
I don’t know what this means but it is already being challenged by several groups including the ACLU. Did they get an injunction I do not know but here is the article I found.
http://www.ft.com/cms/s/0/c19fecd4-28fd-11e2-9591-00144feabdc0.html#axzz2BZDOJkjE
Thanks for the info Jeff.
I hope they can at least get a temporary injunction today, to give time for these legal actions.
I find it ironic that in the link provided, one would have to register with the site in order to read the article, which if you create a new handle you haven’t used before, would require you to notify the police that you have done so. This law is ridiculous.
I assume that the injunction filed by the ACLU/EFF must be approved by a judge. Does this typically happen within a 24-hour time-frame?
More info on the legal action:
http://www.libertyvoice.net/2012-11/aclu-and-eff-challenge-free-speech-restrictions-in-californias-proposition-35/
I went my usual registration place this morning, had to wait until 9am (they now refuse 290 registration earlier, recent change. This after they stopped saturday registration 2 years ago). Thy had no clue as to Prop 35 and didn’t want my information, told me it would be handle at my next annual (11 months from now). After I pussh a little (staying very nice in the face of their unpleasent deamenors), they referred me to the SONAR unit at the county, the SONAR unit did even know their was a Prop 35 on the ballot, after explaining again, same story it come up next time I register or they will contact me. I suggested I call bakc in a week to see in there were any updates, they said give it a month and hung up… I took notice of the sign in log at the PD and saved my cell phone call records….
Someone actually already walked a list into the local PD? Man, talk about Sheeple.
That list probably went right into the Round File. I am not giving anyone any personal information until they demand it and have a mechanism for receiving it.
What does Chris Kelly, a FORMER Facebook executive and failed AG candidate stand to gain from this becoming law? He donated milions to get this passed.
http://elections.latimes.com/voterguide-2012/prop-35/
Why? Another run at AG? Could he own the software development company that will contract with the state(s) to track all these RSO Internet accounts? It’s easy to track the money on this one. What’s in it for him?
Found this article regarding 35 … per the author, the law is effective now, today and RSO’s will have 24 hours to provide their information. (hope the link works)
http://news.cnet.com/8301-13578_3-57546575-38/critics-raise-specter-of-police-state-in-challenge-to-new-calif-law/
The federal judge here in Nebraska has already deemed that this type of law is unconstitutional and violates the First Amendment fourth amendment and equal protection clauses of the federal Constitution even went so far as to say that the intent was punitive. And in violation of the ex post facto clause As applied to people before its inception.
Granted, somebody is going to have to challenge it in court in calf. But since you already have a federal decision on this. It should be a slamdunk
Note that the decision is approximately 70 pages long, and the judge really blasts. The legislators
If somebody from California RSOL. or the California ACLU wants to contact me I have the complete filings, as well as the decision that I can pass along to you To use in your case Since I had to use my e-mail to register to send this. The administrators will have access to that e-mail address
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN DOE, et al., ) Plaintiffs,
STATE OF NEBRASKA, et al. Defendants.
8:09CV456
4:10CV3266
DATED this 17th day of October, 2012.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
Injunction in place till Nov 20
http://wap.ktvu.com/site.htm?targetUrl=http://www.ktvu.com/news/news/state-regional-govt-politics/judge-temporarily-blocks-prop-35-internet-disclosu/nSz4t/
Temporary block…
http://paloalto.patch.com/articles/legal-challenge-to-prop-35-new-sex-trafficking-law
Yes, Janice this is what I was talking about in my email to you
Great to see you on this
Thanks
Good Job