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.
Update 9:30 pm: More on the ACLU web site
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
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 what it is on a criminal registry people will sure see the light and say wow this is not cool we probably shouldve thought this through a little better before we imposed this type of law. It will have law enforcement, lawyers, politicians,and tons of business men so of course that will be a battle but would probably give leverage to do away with megans law website.
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 tormented years later after the fact and following all laws.
It must be truly embarrassing for families to explain to friends and other family members why their spouse cannot gain employment and why they are still bothered and not being able to truly rehabilitate and not move forward and become a valuable giving back to the community citizen.
What the ACLU does is make sure our 1st amendment rights are provided. Other groups may be needed to start legal battles to provide in California such as pro-bono law students to assist in initiating giving rights back to the offenders after so many yrs