SAN FRANCISCO —
California sex offenders shouldn't have to turn over their Twitter, Facebook or email account information to police because they have a right to anonymous online speech, privacy advocates told a judge.
The American Civil Liberties Union is seeking to keep a voter-approved law targeting human trafficking and sex exploitation from taking effect while its lawsuit aimed at invalidating portions of the measure is pending.
Convicted sex offenders have the same free speech rights as anyone, and the law's language is vague as to what registered sex offenders must disclose, making them "vulnerable" to retaliation by the police because of their speech on the Internet, ACLU lawyers said Monday at a hearing.
"There is no historical precedent of striking people of their First Amendment rights simply because of a crime they committed," Michael Risher, an ACLU lawyer, told U.S. District Judge Thelton Henderson in San Francisco. "They have the same First Amendment rights as anyone as soon as they finish serving their sentence."
California law enforcement officials say tracking Internet communications can prevent offenders from preying on children.
"Possession of this information may provide enough of a head start to save a victim's life," California Deputy Attorney General Robert Wilson said in a court filing. "Having Internet identifying information, however, does not permit access to, or monitoring of, private communications."
Proposition 35, approved by more than 80 percent of California voters last month and backed by former Facebook executive Chris Kelly, was set to take effect next year. Henderson put the measure on hold when the ACLU sued the day after it passed. The ACLU asked the judge today to keep an injunction in place while the case is being decided.
The law increases prison terms for sex offenders and adds reporting requirements for them. Registered sex offenders in California would be required under the law to report to law enforcement all Internet identifiers and online service providers they use. Registrants also would have to provide in writing any changes or additions to their Internet accounts and screen names.
Anonymous speech on the Internet can be restricted when the state has an important interest in doing so and the limitations are narrowly tailored, lawyers for the state said in court filings.
The ACLU said the new rules let police investigate offenders even if there's no crime committed. The law is so broad that law enforcement officers can snoop into online communications and require offenders to turn over login information for bank accounts. The ACLU and the Electronic Frontier Foundation sued on behalf of two sex offenders whose identities aren't disclosed in the lawsuit.
Sex offenders are already required to fill out a form after release from prison or parole reporting where they intend to live. Offenders must also register with the police department near their home and update the information every 30 days if they move. They must also report any name changes.
Before Proposition 35, sex offenders also had to supply the name and address of employers, fingerprints and a current photograph and license plate number. Starting last year, the California Justice Department's registration form included fields to report email addresses and screen names and social networks used.
Police are allowed to access the computer system that stores the information, and Internet identifying information is currently only available to the Justice Department.
Community News Network
Sex offenders say California law infringes free speech
- Community News Network
-
-
Kebabs: Health kick on a stick
Grilling is a simple way to feed your family well this summer. Start with a lean meat and a healthful marinade and then allow the grill to strip away additional fat for a heart-healthy and waist-friendly final result. Plus, grilling caramelizes the natural sugars in foods, which adds flavor without additional calories and fat.
-
Boy Scouts: Yes to gay youths, no to adults
The Boy Scouts of America on Thursday ended its ban on openly gay youths but maintained a prohibition on gay adult leaders, a decision framed as a compromise but one that could lead to litigation and thousands of defections from one of America's largest youth organizations.
-
Expert: Schools need shelters
Ninety-four percent of Oklahoma schools do not have tornado shelters, according to Gov. Mary Fallin, even though at least one weather expert says they should be standard. With two Moore schools destroyed in Monday’s EF-5 tornado — and ...
-
Twitter introduces website security tool after AP account hacked
Twitter is adding a new security tool to its website, making it harder for outsiders to gain access to accounts, a month after a false posting triggered a stock-market decline.
-
Siblings withstand storm in fridge
Brother and sister co-owners of a Chinese takeout restaurant huddled inside a refrigerator to survive Monday’s deadly tornado that claimed 24 lives.
-
Mom delivered baby as tornado struck
Shayla Taylor was so far along in labor that her nurses at Moore Medical Center decided not to move her when Monday's tornado hit. They waited out the storm in an operating room, where the wall disappeared as the tornado hit the building.
-
TIMELAPSE: Take a tour through the damage in Moore
Take a driving tour of the damage in Moore caused by Monday's tornado.
-
Mayor wants tornado shelters in new homes
Moore Mayor Glenn Lewis wants tornado shelters in all new homes in his city, where an EF-5 tornado damaged or destroyed more than 12,500 homes Monday afternoon. A proposed ordinance would require a shelter inside or outside each new residence.
-
AUDIO: Residents share their tornado experiences
Moore, Okla., residents talk about living through Monday's EF-5 tornado.
-
In fan fiction, your favorite characters do what you want them to
When J.J. Abrams took over the "Star Trek" franchise in 2009, he boldly went where the series hadn't gone before — romantically — pairing Uhura with Spock. Many fans disliked the change. Some loved it. Others didn't care, because they just wanted to see Kirk and Spock make out.
- More Community News Network Headlines
-
Raw: Trucker Bumps I-5 Bridge Before Collapse
Raw: Texas Deputy Shot by Colo. Suspect Honored
Major Detours Following Wash. Bridge Collapse
American Held in Grisly Czech Murders
Raw: Jersey Shore Reopens for Summer
UK-bound Pakistan Plane Diverted, 2 Men Arrested
Officials: Tsarnaev Friend Linked to Slaying
Obama:Sexual Assault Threatens Trust in Military
Bridge Collapse Survivor: 'Rough Day'
Jersey Shore Open for Business
Raw: Memorial Day Flags Placed at Arlington
New Wheelchair Lift Promises More Access
First Person: Mom Discusses Famous Tornado Photo
Raw Video: Washington State Bridge Collapse
Boy Scouts Approve Plan to Accept Gay Boys
