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California Law Isn’t Unfair to Sex Offenders, AG Says

A new California law that imposes harsh penalties on human trafficking is not unconstitutional toward sex offenders, the state attorney general told a federal judge. Californians Against Sexual Exploitation Act, or CASE, enacted by voters on Nov. 6, will require sex offenders to give police a complete list of their user names, screen names, email addresses and Internet service providers.

Noting that sex offenders will be reluctant to participate in Internet forums if their identities will not remain anonymous, the American Civil Liberties Union and Electronic Frontier Foundation say the relevant provision is overbroad and unfairly burdensome, and that it curtails free speech. Full Article

http://www.courthousenews.com/2012/11/27/oppint.pdf – for Plaintiff

http://www.courthousenews.com/2012/11/27/oppinj.pdf  – for Defendant

 

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  1. Tired of hiding

    This is taken directly from the text:

    As applicable here, the law “simply requires a convicted offender to provide, and to update at specified intervals, information logically calculated to assist law enforcement authorities to monitor his or her whereabouts”

    Since our whereabouts are being monitored we are effectively on probation. So even though I was innocent, my “lawyer” made a plea bargain that I agreed to and that was for me to be under probation for 4 years. That was 15 years ago, I did the probation as agreed and yet, they are not holding up their agreement.

    I think it is time to sue them and put an end to this bullshit!

    • Joe

      @Tired – Reading the passage you quote, my first thought was that that sounds just like the contention that the responsibilities of a Registered Sex Offender are comparable to filling out what amounts to a Price Club application once a year, as argued in Doe vs. Smith, in 2003.

      Reading the document – that is exactly where it is taken from. Unbelievable.

      (The oral argument, opinion etc. from that landmark case is on this site, under Legal / Court Cases.)

  2. Robert Curtis

    The question is going to become after a while not are you in compliance but how much out of compliance are you? It’s getting so being in compliance will become humanly impossible. This is designed I believe as a way to make the registrant hide in obscurity and fear.

  3. mr b

    Lets assume for a minute that registrants do provide the information to the police. If everyone is like me, I have a bank, 3 email, yelp, ebay, amazon, etc accounts/names. I probably have a total of 10. If the 78000 registrants turn in 10 each, that is 780,000 names, many of which are totally inactive, but always changing. Where will they be kept? How will they be managed? If they are to be used to track registrants, who will do that, where will they do that, and when? How much will it cost? This is another example of a ‘feel good law” that does no good, and will end up being a violation of civil rights, and overturned, wasting the money it cost to enact it and to overturn it. AND there is NO evidence it will stop any offenses. If an offender is serious about using the internet for illegal and immoral purposes, he or she will find a way to circumvent this process.

    • toldyaso

      Right on, mr b. If everyone is like me, I would feel the inexplicable urge to add or delete an email address or other identifier on a weekly basis. All with proper and timely notification and record keeping. I would, of course, have to insist to review my information at every annual appointment and could not, in good conscience, sign anything that I had proof were not completely accurate.

      In summary, if you can’t beat them, just play the game.

      BTW – one of the linked documents in this article (defendant’s) gives a glimpse into the actual management of the information.

    • td777

      I make my living with ecommerce and as an ecommerce consultant, completely unrelated to anything sexual. I have two PayPal accounts, three ebay accounts, two credit card accounts, own two small web hosting businesses, have accounts with four different domain registrars, operate five ecommerce websites, maintain my church’s website, maintain multiple accounts ecommerce clients, pay bills online, have three bank accounts with online banking, go to college and have three different sites I use for classes, two Amazon accounts as well as accounts with two other booksellers, accounts with at least six or seven other online stores and service providers, and six email accounts for business and one for personal use. This does not even include the various websites I occasionally post on. This means I have well over 50 different logins I use for myself, at least 10-20 I use for clients, and none of them are used for anything sex related or anything deviant. This law, if upheld, will mean I either hand over all this information or close down my business of 14 years. The government should not be in the business of closing down someone’s legitimate business when it has no bearing on any crime committed. Then again, the government should not be in the business in breaking apart families trying to stay together, nor forcing individuals to be homeless, but we see how that’s gone.

    • cool rso guy

      bank, 3 email, yelp, ebay, amazon, etc accounts/names. I probably have a total of 10.

      You actually have to report more than that..
      You have to report your IP address.
      Your CELLPHONE text, phone and IP address
      any public computer you use at library, store
      if you have redbox account you have to report that..

  4. Skeletonlander

    I would question the legality of them monitoring my online access without a court granted order to do so. So even if I give law enforcement my screen names and IP addresses, they have no rights to monitor or check this information as there is nothing in this law granting law enforcement additional powers that bypasses the courts clearly defined role in the granting of search warrants.

    • Tired of hiding

      Really…you think there mere fact that they have no legal right to do it would stop them? Perhaps you forget that being a sex offender gives you a different status as fair as constitutional rights goes…they should not be able to tell us where we can live, where we can visit, and so many other things that infringe on our rights and yet those exist and happen.

  5. Skeletonlander

    If they have no rights constitutionally, we need to fight it in the courts. Period.

  6. Kathy G.

    I agree with your contention, Skeletonlander, however it takes lots of money to fight anything in court. We must have more of the 100,000 plus registrants and their (uncounted) families, friends, etc. “Show up, Stand up, and Speak up!” Plus “pay up!” I know that finances are difficult for many, but if we each donate just a few dollars to the cause we can make more changes. Janice Belluci, and several others who donate their time and efforts, are a Godsend to our cause but we can’t just sit and wait for others to fix these broken attitudes and laws! Each of us can contribute something. Come to the CARSOL meetings, come to the City Council meetings and speak, write letters to the legislators, and, by all means, contribute money (as you can)to keep this ball rolling!

    • Tired of hiding

      Remember that justice is bought in the USA. If you are innocent but broke you go directly to jail…do not pass go and collect $200. Just because something is right, morally just, and clearly correct is meaningless unless you have the money to pay for it in the USA.

      I think we are all sick of hearing how expensive it is for justice. If you were innocent and the system worked then you wouldn’t need to pay huge legal fees for justice. The system would simply find you innocent. DOESN’T WORK THAT WAY. The USA will always favor those with money and they can break every law (hell…they MAKE the laws) and get away with it. You can’t fight city hall.

  7. Skeletonlander

    As Janice can attest, I am on of those that “pays up”. I fully support this organizations goals emotionally and financially.

    I also understand (amd share) the emotions in Tired go Hiding’s comments. It is very frustrating to be a third class citizen with many rights stripped away for laws made in the name of a child!

    But that is what in the end is great about America. We make horrible mistakes and then learn from them (remember slavery and child labor to name just two).

    The place to win back our rights rests in the hands of judges who weigh the rights of the many against the constitutional rights of the few. I am confident in the end we will prevail.

    • Janice Bellucci

      Thank you for your donation to this good cause! Your donation will be used to file lawsuits to help us reach the goal of restoring the civil rights of registrants. Contrary to what some people believe, the constitution protects the rights of registrants, too.

  8. A. Friend

    Free Americans labeled sex offenders cannot be put back in conditions of parole/probation…further proof of punishment that violates civil rights …grossly un-constitutional…
    that lame Jessica law was ruled ex post facto that could not apply to free Americans …the same
    has to apply here….also violates 1, 4, 5, 8, 14 of constitution…thank you.

  9. Bill (with a captal B)

    Sex Offender Registry Laws Constitute A Hate Crime..
    Here’s why:
    (And why can’t the perpetrators be prosecuted?)

    In crime and law, hate crimes (also known as bias-motivated crimes) occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group. Examples of such groups include -but are not limited to-: racial group, religion, sexual orientation, ethnicity, or gender identity. Sex Offender Registries generate a Social Group because the registrant is not on probation or parole and is a fully enfranchised citizen.

    A hate crime is a category used to describe bias-motivated violence: “assault, injury, and murder on the basis of certain personal characteristics: different appearance, different color, different nationality, different language, different religion.” The State enfranchises “assault” under the color of authority when it imposes felonious consequences on otherwise unburdened citizens.

    “Hate crime” generally refers to criminal acts that are seen to have been motivated by bias against one or more of the types of citizens, =or of their derivatives=. Incidents may involve physical assault, damage to property, =bullying, harassment=, verbal abuse or insults, or offensive graffiti or letters.

    A hate crime law is a law intended to prevent bias-motivated violence. Hate crime laws are distinct from laws against hate speech in that hate crime laws enhance the penalties associated with conduct that is already criminal under other laws, while hate speech laws criminalize a category of speech.

    So the Prosecutor who bellows “SEX OFFENDER” when one goes to court over a dubious DUI is committing a hate crime.

    You see, they need us. Otherwise they’d all be in prison.

  10. A. Friend

    Public personnel are under duty and oath to defend
    and protect the Constitution for all Californians…
    …not for few…not for some…but for All……….
    They need not violate that duty and oath….as this can
    escalate to violate human rights real quick.

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