UPDATE: Prop 35 / TRO against collection of internet identifiers & providers

Registrants are not required to disclose their online identities to law enforcement for an extended period of time, according to a decision made by federal district court judge Thelton Henderson on November 14. As a result of this decision, law enforcement is blocked from requiring this information until at least January 11, 2013. Additional details regarding the judge’s decision can be found on the  Court Order. The judge will conduct a hearing in San Francisco on December 17 on a different issue. California RSOL is a plaintiff and an active participant in this lawsuit.

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Each step forward in buying time is a step in the right direction, slow it may be … but, it’s forward, for now.

If this is NOT successful with this injunction is it possible for other RSO to challenge it OR is this a one time thing? If we could do it individually on 1st amendment grounds it could be in court forever. Just wondering…

California RSOL is an active participant in this lawsuit. There is no reason to file another. As MM stated above, it has to be done one step at a time. Please be patient as we wait for the judge to make a series of important decisions. In the meantime, do not provide law enforcement with information regarding your online identities. They have no legal right to it and if you give it to them, you can’t take it back, however, you can estalbish new online identities

Thank you again for all your efforts!

In a society apparently gone mad with schadenfreude it is nice to know there are some who still fight for human rights

I AGREE MM any step forward is a positive step. Even the ones we lose are positive because we are being heard. If we are loud enough they will start to listen and see that this is not right. Stay positive and keep praying. Thank you Janice and everyone who is supportive of this cause without you we wouldn’t have any voice…God Bless

I truly find PROP 35 to be very disturbing. I just wish people would begin to do more research on these new laws prior to voting. I can only wonder. How on earth does the government have the right to monitor anyone’s emails/know their personal information and how can anyone be required to provide such information? It’s astonishing. People need to wake up. We now (not for long) have laws forbidding people from visiting libraries, beaches, parks and even living near Schools or bus stops? I’m dumbfounded. Its truly surreal. I’m still hoping to wake up and realize this is a bad dream. Whats next? Malls? How about movie theaters? I even read that some sex offenders must contact their local law enforcement if they are going on vacation (those not even on probation/parole)? Why don’t they require Sex Offenders to have computer chips surgically implanted? Its very, very disturbing. VERY. Why don’t we outlaw Sex Offenders from riding their bikes on bike paths? Children are present? Or, why can’t we outlaw sex offenders from riding on transit buses? Children are present? Lets make them walk? See how truly disturbing this is? How about the Halloween Laws (what a joke)? YOu must post signs, turn your lights off and YOUR NOT ALLOWED YOU PARTICIPATE IN THIS HOLIDAY? Whoaaaahhh! Nazi Germany? The sad part is that people or council members in cities like SImi Valley don’t realize this is how Adolf Hitler began his reign of terror? Look what happened to him? Hatred gets you NO Where. We all must admit that there are some Sex Offenders doing some bad things out there, but arresting a guy in the park for playing tennis is going toooo far (Recent Arrest in OC). Its time to wake up and look at whats happening. This is the time for California to Put Into Place a Tiered System. Please email me Janice. I have a question. This is truly appalling.

Wow wow wow! Thank you Janice, Frank and everyone on the RSOL team!!!

I was convicted in 1973, spent most of my life at A.S.H., then 12 years on Con-Rep, and now I am free and clear, or am I?
I’m married, work full time and have been out of the legal system for several years and crime free. I register yearly and long for the day that I can be fully free to come and go as I please.
Prop 35 is scary! Why am I being lumped in with the offenders that are still active? I have paid for my crimes, and am doing what I am supposed to do, as a citizen. My civil rights have been violated!!!
People don’t like sex offenders. SO WHAT!
I like dogs and cats better than people! They act and are better than people.

they will find a way to keep the law. if they can publish your home address and pucture so can they do this.

your duty is to figure out how to make them think you complied when you haven’t.

This fight is good and necessary. I am not too hopeful about your arguments, though, as it seems to me those points have already been decided in other cases regarding SOR.

However, I note, one thing I find disturbing about the overall fight against SOR is that CalifRSOL is accepting that idea that mere misdemeanants should be subject to SOR, or at least that they should be once they complete probation. I don’t care whether the courts say that it is legal to impose it on misdemeanants, it is an abomination nonetheless. A misdemeanor by definition is just a minor offense. But your legislative push as been to accept a minimum of 10 years of SOR for misdemeanants! That is unconscionable! And you are effectively giving your seal of approval.

I also note, California requires SOR for any number of offenses the federal government is not requiring it for — such as the typical misdemeanor indecent exposure. Gee, you shouldn’t be accepting any SOR for any offenses not required by the feds!

Also, in that legislative push, even after the 10 years, the person has to apply to be released! Nix that! It should just be automatic, simply by date, no application needed. The state’s computers can be set to automatically end SOR after the legislative time arrives, no application and staff time required — and troubles for the SOR to deal with, and certainly at some point more and more money to be paid in fees to have it done. All this bit of “tiers” is a pile of s—. Getting involved in a huge assortment of details is a nightmare and obstacle course — it must be kept simple and straight forward. As they say, the devil is in the details.

Keep it simple — no SOR for misdemeanants, or at least end it for them at end of probation, as it used to be done — after all, probation is supposed to determine that you have reformed. No SOR for any offenses not required by the feds. For all others, when the time frame comes to end it, just end it, no application required. Hey, when you are sentenced to 5 years in prison, you get out at the end of the five years without needing to apply, it just happens — an application to get out is solely for early release (parole). SOR should be the same, at the end of the time, you simply are out from under it, no need to apply. You only need to apply if you want to get out from under it earlier, such as via a certificate of rehabilitation or a pardon. But 10 years for a mere misdemeanor is an abomination.

Are we still allowed to celebrate Thanksgiving and eat some Surkey and Stuffing? Or are they making us “EAT CROW” ?

I think I need an attorney to straighten this whole thing out!!
What A mess!
MERRY FREAK’N CHRISTMAS!

The latest CA 290 registration form already asks for email and other online identities. Can I legally refuse? These forms get longer and collect more info beyond just address information that the statutes require. Thoughts?

I think one thing that might be helpful here is continuing notices of the status of the case. i.e. Originally a hearing was scheduled for November 18 in the Federal court in San Francisco 550 Golden Gate. I see that it seems to have been pushed out to December. Is this correct information.

Other suggestions I have for resistance is to register as many on-line IDs as you can so as to flood the registration system with their submission. Think of them as e-sabots, as in throwing sabots into the gears of the system to jam them. Look up the definition of sabotage. It’s instructive

I would refuse to give out my email and bring a copy of the TRO
here the link if you want to print it out and bring it when you register
here is the link
https://all4consolaws.org/wp-content/uploads/2012/11/036_TRO.pdf

I find it an outrage that they have been asking for that information on their forms even before the law was passed I don’t understand how they could ask for that info when they had no legal right and because it is on the form I thought I had no choice but to give it to them seems like everyone that gave them that info should be able to sue them for over reaching their authority to obtain that info.

I read there was a Court Date on December 17 to decide the outcome of this?
Does any one know what happened in court yesterday?

The arguments were heard in court yesterday. The judge said he would “rule as soon as possible.”

http://www.ktvu.com/news/news/state-regional-govt-politics/sf-judge-considers-sex-offenders-social-media-prop/nTYqM/

Clearly ex post facto…just as that jessic law was ruled years ago…
could not factor in free Americans who are not on parole/probation…
Ex post facto ……..clearly increased punishment …presented to
to voters…its in massive conflict with the Constitution.

In a free society and we are free Americans not on parole/parole…
the un-Constitutional ’35’ portion puts free Americans back in
conditions of parole/probation and is soooooooooo far out
overreach to world communications .

California communication information over phone lines…
what state web site offers only within state web….?????
…..’35’…broad and vague …world wide web communications
information over phone lines are also now human rights
violations……..they overreached state lines and the world.

We’re right, so we gripe.

The Sex Offender Registry is a tank where they put people that are O.K. to HATE.

We’re not dealing with rationality here; we’re victims of a machine that was designed to let frightened people have an outlet for their turmoil. We’re part of a social experiment.

Here are a couple of heavy quotes : (1) “It’s not whether-or-not you’re in ‘compliance’; the question is ‘how out-of-compliance’ are you?” and (2) Your duty is to figure out how to make them think you complied when you haven’t.

Civil disobedience is a valid methodology. So you simple refuse. What happens?
Unless you absolutely have to be at work the next day, you go to jail. The intake worker advises you that you are going to be exposes to tuberculosis.
you wait in the “tank” until the bail bondsman shows-up. The (female)cop (abused as a child and on a crusade) says you are charged with multiple felonies, but the boss turnkey sees it differently and you get released on bond.
ou go to court and get a Public Defender. The case is declared di-minimus, not like really the crime of the century..or decade…or this week.
The judge fines you $500 with three months to pay. The DA screams “SEX OFFENDER” and the cop has to watch her step because the next time she pulls this bullshit she’s going to get fired.
You file a lawsuit against the City who hired the cop…the cop and her boss, for harassment under the color of authority. (Use your public defender..he’ loves this!)

They NEVER bug you again.

Don’t forget the legislature felt this same proposal as un-Constitutional …
…..now this ’35’ part is also un-Constitutional …the taking of private communication
information forced against their will …goes against 4th Amendment…search and
seizure …also 1,5,8,13,14….voters cannot and do not have the power to authorize
search and seizure …the 4th Amendment is clear.

If you wish to stay updated with Prop 35’s status, follow the judge’s calendar….

Calendar for: Judge Thelton E. Henderson
Courtroom #12, 19th Floor
Courtroom Deputy: Tana Ingle

Last Updated: Jan 1 2013 4:02PM

It show that it will be picked up again on
Monday, Feb 11 2013
10:00AM

– CIVIL LAW AND MOTION

3:12-cv-05038-TEH – Vega v. United States of America et al
Motion Hearing
01:30PM – CASE MANAGEMENT CONFERENCES

3:12-cv-00229-TEH – Yordy v. Plimus, Inc et al
Case Mgmt Conference Further

3:12-cv-02678-TEH – Tucker v. Gill et al
Case Mgmt Conference Further

3:12-cv-05202-TEH – Huston v. Affinity Medical Solutions, Inc et al
Initial Case Mgmt Conference

Prop 35 3:12-cv-05713-TEH – Doe et al v. Harris et al
Case Management Conference

3:12-cv-05731-TEH – Crosthwaite et al v. Keith J. Gale General Engineering, Inc. et al
Initial Case Mgmt Conference

You may also go to the below web site to confirm this:

http://www.cand.uscourts.gov/CEO/cfd.aspx?7119

Hope this help all that are concerned.
God bless you all and happy New Years.

any update on the proposition 35 a decision cuz you said it’s going back to court on February 11th but the
stay it’s only until January 11th