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ACSOLCaliforniaGeneral News

Temporary Restraining Order granted by the court to stop enforcement of Proposition 35

California registrants won a major victory today!  Federal district court judge Thelton Henderson granted a Temporary Restraining Order (TRO) late Wednesday that prevents enforcement of requirements in Proposition 35 that require registrants to identify their online identities and activities.  The TRO will stay in effect for 14 days.  A hearing on whether to extend the TRO is scheduled for November 20 in San Franciso.  ACLU and the Electronic Frontier Foundation (EFF) filed the lawsuit, which includes California RSOL as a plaintiff, earlier today.

Court Decision

Update 9:30 pm: More on the ACLU web site

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Oh my gosh!! We were just logging on to see if any new news was posted before we headed to the PD! This is fantastic …. Thank you, thank you, thank you God. We are grateful for 14 days … One~step~at~a~time … Albeit baby steps they ARE steps!!

thank you God bless….

Just in case there is too much legal jargon in this article, I want to interpret the effect of this judge’s decision. Registrants do NOT have to provide information regarding his/her online identities or online activities to law enforcement for the next 14 days. That could change after the hearing on Nov. 20, but for now that is the law. As stated above, this is a major victory!

Whew..thank you for posting this information. Good ole Judge Henderson…Thank you Janice, the ACLU, and the EFF for all your work on this important issue.

Very good news indeed! Thank you Janice for getting this far in pushing back these unjust laws.

im a rso and i see where the people are coming from but now that means that they are requiring us to give us our online information and think that is invasion of our privacy. I have kids that use the computer and if they type something into search and comes up something that they shouldnt be looking at that i can go to prison its just fricken wrong we have rights also just because they put this into law with sex trafficing they are punishing us once again

Great news. I’ll be holding my breath until Nov. 20. Hearing things like a comment on the main prop 35 article about police demanding ebay, paypal & online banking log-ins,which seems obviously outside the scope of the law, scares me to no end for how this law is going to be abused if allowed to pass. I am very close to leaving the country because of the way things are going, it’d be nice if things would start to turn around. Thank you rsol & sclu & all who helped & continue to help in this. This makes real and… Read more »

great news. thanks! Althogh there are some of us who already provided our info to PD, but since this will stop the prop 35 from immidiate enforcment till Nov. 20 its a good news. hopfully that portion of prop 35 will stop forever.

Great news indeed.

While they’re at it, can they get that Prop 30 tax hike blocked, too?

Fantastic. Thank you for upholding our constitutional rights. Lets stop repression at the root… because we all know this kind of insanity starts with the minority and eventually, everyone will be monitored in the name of “security.”

Many are no longer on probation or parole.
They live in a home with other people, how would police know who went where and created what account ? It would be a violation of the rights of the other members of the house.

Lets face it…sex offenders NEVER really get off of probation despite what they say. If the very reason for registration is so we can be monitored then we are on PROBATION FOR LIFE! It’s never over and there is no 2nd chance (yea America…land of the “free”)!

As for the rights of those who we live with…it is assumed that they must be as guilty as we are so their rights are not considered significant.

FYI –
I wasn’t sure where on the site to share this but this seemed like as good a place as any…

Here’s some encourageing news:
http://news.cnet.com/8301-13578_3-57547215-38/court-15-year-old-molester-has-a-right-to-facebook-twitter/

PS – With regard to the kid in this story – I can’t believe his bahavior is not the result of someone screwing him up at a young age and I hope he gets the help he needs.

Thank you for helping all of us

Can anyone say “Ex Post Facto” Keep up the good work! We are citizens just as anyone else.

I paid for a crime 28 years ago i did not commit, to have to register is bad enough, then Megan’s law, i shouldn’t even be there, now they try to sneak in a new bill on another bill, human trafficking, of which i have nothing to do with, yet now i have to continue to pay for a crime i did not do, with more crappy thought out laws, I happen to use the internet for everything, as i am a broadcast engineer, what an intrusion on our civil rights and our right to privacy, not to mention adding… Read more »

Unfortunately I have already given my info to the local PD and had to include my ebay, paypal, and even my bank login information. I know thats not right but without a attorneys help I dont know where to begin to fight. As to Joeys comment about violating our families rights I was told by the deputy that if I had access to any of their accounts it was not violating anyones rights. I sure would love to have a attorney take this on for me as I am tired of them constantly finding new ways to make us pay… Read more »

JD,

If you quality, could you possibly contact your local public defender’s office?

There used to be a public defender in San Bernadino who also served on the California Sex Offender Management Board. Don’t know if she still serves.

Could you file a complaint on line with your local ACLU office? If you have one.

Keep records. Did you record who required this? Names? Dates and Times?

oops, meant “qualify”

I do understand that there are some individuals that use the Internet for inappropriate behaviour, just as there are some individuals that commit henious crimes that should be locked up for life or monitored for life, but, again, don’t punish me for someone else’s crime. This is another example of society running amuck and disregarding the civil rights of all individuals that carry the unfortunate title of Sex-Offender. I do understand the paranoia of society because of the constant “fear” projected by the media re: “Sex-Offender” as if all offenses fall under the same roof. This is another example for… Read more »

JD the key word is “access” if you don’t have their PASSWORD you don’t have access.

There has to be something we can fight under equal rights. So lets say everyone ever convicted of a crime should be on this website and make it a national criminal site instaed of singling out certain crimes. Its all public record so how about making it all accessible from the convenience of your home! Let see how people react to that!

Trafficking Protocol Definition The Trafficking Protocol defines human trafficking as: (a) […] the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour… Read more »

That’s what I think. That one day they’ll tip the scale of public opinion by over legislating. of course we’ll all be in the slammer by then, and that’s just what the prison industrial complex wants. We’re all just cell filler to them. I vote against any funds for law enforcement,and for every law that will burden the criminal justice system. Hopping that will help some of there draconian laws from being enforced. They might be less willing to spend time on checking what web site I’ve been on If they don’t have the resources to fight real crime.

I hope the stay holds up. I committed a sex offense 25 yrs ago, I recieved a suspended sentence and 5 yrs probation. After 5 yrs I file for relief thru 1203.4 and the court granted it. My sentence did not include registeration and I was exempt from the web site. Then justice says I have to register no matter what the sentence said. So I did. Then justice pulls my exemption and I retired from my job at that point because of the harassment at the work place. Just prior to every milestone I was to reach the law… Read more »

JANICE, YOU ARE AWESONME AWESOME AWESOME! GOD BLESS!

This is hopeful news that perhaps reality might play into this new “law” but I would not count on it. Sadly reality has very little influence on “law makers” who are typically only motivated by self-promotion and self-interest. The reality is that the technology is out of their level of understanding in this area. As usual they look at the concept of the idea instead of the actual way it would operate. A day doesn’t go by that I don’t receive an email from myself…yes, myself or at least that is what the “header” of the email appears as. Of… Read more »

I am doing my anual registration right now. It has been demanded of me to give them my email address and password as well as any “username” that I use on any social network. I wonder whelats going to happen if they find I had a MySpace years ago with another screen name I no longer use.

Prop 35 says NOTHING about passwords!! Or did i miss that? mi dont think so …. Did you bring a copy of the TRO with you that was issued on wednesday, the day after voting? You don’t need to supply anything while the 14 day TRO is in effect, affect? (Always get those confused, lol). Give nothing until you must!

California DOJ has posted the message below on the home page of the California Megan’s Law website. We are printing it here in case you have not yet seen it. You can use this language if/when law enforcement requests your online information

ATTENTION: November 9, 2012

Federal Court orders temporary stay of law enforcement collection of registered sex offenders e-mail(s), screen name(s), and internet service provider(s) pursuant to Proposition 35, the Californians Against Sexual Exploitation (CASE) Act. Until further notice, the DOJ and local law enforcement will not require registrants to submit this specific information.

On Tuesday, the two official backers of Proposition 35 told the court that the plaintiffs should not be allowed to proceed anonymously. Daphne Phung, founder of the nonprofit California Against Slavery, and Silicon Valley attorney Chris Kelly, had moved to intervene in the case a day earlier.

http://www.courthousenews.com/2012/11/13/52220.htm
http://www.courthousenews.com/2012/11/13/anon.pdf

Does Janice/CARSOL have any opinion on these scare tactics that are being employed by Phung/Kelly’s attorneys in an attempt to silence the two anonymous plaintiffs? The material cases cited to back the intervening is flimsy at best due to its overly-broad definitions.

I’m not at liberty to speak for Janice/CA RSOL. I just found the article this morning and post it here. But since you ask, my personal feeling on this issue is that the plaintiffs concerns are real. That they face possible retribution from some vigilante out there with a hatred towards registrants. Hate crimes against registrants is proof that the public registry should be taken down. The public has proven that they are incapable of using it reasonably. After all, If it can save even one life…

This is a typical tactic of opposing counsel. We had a similar experience in the Simi Valley case, however, the issue has been resolved. The city has now agreed that the identities of the plaintiffs can be protected. There is a good chance that will happen in this case as well.

Phung said something implying that there was always public disclosure. That is not so. The first public disclosure was with the maps in 1996. She is showing her absolute ignorance of the law. I also read the filing and it is correctly based on ‘Ex Post Facto’; Equal Protection Under the Law; and of course Free Speech. I don’t know where this will go because one article cited a Utah law that was upheld on appeal but that law stated (according to the article) that the information was not to be used unless there was a ‘new’ crime being investigated.… Read more »

Had already given my info but no big deal can easily be changed just waiting for todays news on if this law gets kicked in the rear like it should or if the nazis will actually push this through! I strongly suggest those of us that can vote start coming up with bills that justify taking away the rights of everybody and use our status as defense to uphold our bill and how if its good for the goose its good for the gander. Once we begin getting every person ever convicted of a crime regardless of how old or… Read more »

Dont know why I thought today was the hearing date.

Janice,what’s the update on prop 35?

This is just a mess and legally I think we are behind most societies. We have people who did their time, have started lives over since college and have families and have stumbling blocks when applying for positions with any company including small business. With completion of jail/prison time, graduation from probation/parole and registration, it seems many are still being punished limited on freedoms others have that have physically maimed, made incapacitated and took their loved one’s lives. THAT seems like permanent damage, why are they not on a Web Site to be made fun of or harassed or families… Read more »

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