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EFF Sues to Block New Internet Sex-Offender Law

Bobfrankly1 writes "The EFF sued to block portions of the approved Prop 35 today. Prop 35 requires sex offenders (including indecent exposure and non-internet offenses) to provide all of their online aliases to law enforcement. This would include e-mail addresses, screen and user names, and other identifiers used on the internet. The heart of the matter as the EFF sees it, would be not only the chilling effect it would have on free speech, but also the propensity of these kind of laws to be applied to other (non-sex offending) people as well."

13 of 305 comments (clear)

  1. Re:Sorry.. can't agree. by olsmeister · · Score: 5, Insightful

    I think such an attitude makes you depraved, and possibly dangerous/psychotic.

  2. Re:Sorry.. can't agree. by Carnildo · · Score: 5, Insightful

    In my state, "sex offenders" include people who have urinated in public, people who forgot to close the bathroom shades before getting out of the shower, and a great many teenagers who couldn't keep it in their pants. Are these the "depraved and psychotic people" whose lives you wish to destroy?

    --
    "They redundantly repeated themselves over and over again incessantly without end ad infinitum" -- ibid.
  3. EFF has it right. by Anonymous Coward · · Score: 5, Insightful

    Nowadays a lot of people are classified as sex offenders that shouldn't be, like teenagers that send each other naughty pictures, or somebody that texts a lewd message to the wrong recipient. These people barely meet the definition, yet are branded for life.

    If the sex offender status could be assigned with accuracy, I think this proposition would be okay. But it isn't, so the proposition means people are going to get hurt who shouldn't have even been declared as sex offenders in the first place. The proposition compounds the challenges these people face.

    And I agree with the EFF that it's a dangerous trend to set. If you want to take away the anonymity of some pervert, do it for a real criminal who posts a credible threat to the community. Many people with the sex offender status don't fit that definition at all.

  4. Re:Sorry.. can't agree. by AK+Marc · · Score: 5, Insightful

    Unconvicted people are potentially dangerous criminals and should have absolutely no rights to privacy. I don't care what the Constitution says, someone who peed in an alley once where nobody could see should have their lives destroyed. There could have been a school fieldtrip to that alley at 2 a.m. on a Saturday night and have accidentally seen a penis.

  5. Re:Sorry.. can't agree. by Anonymous Coward · · Score: 5, Insightful

    Never underestimate the willingness of unthinking cowards to try to take away the rights of others, especially if the believe it will never affect them.

  6. Re:Sorry.. can't agree. by Firehed · · Score: 5, Insightful

    People caught peeing in a bush are treated the same as child molesters under this law. It also includes people that in any way benefit from solicited sex, including the family of people willingly involved in the sex trade.

    Violent offenders are already incarcerated, and those that have been released from prison after serving their time are still pretty closely monitored. This proposition sought to make a crime "more illegal" in order to increase the government's authority. The weasel-wording of the bill's description ("increase penalties for sex trafficking") allowed that to get through with an overwhelming majority; suffice to say, I'm not impressed.

    --
    How are sites slashdotted when nobody reads TFAs?
  7. Re:Yeah right... by jcr · · Score: 5, Insightful

    Well, it's one of those things that they can pile on if they're busting someone with a charge that won't stick.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  8. Re:Sorry.. can't agree. by Anonymous Coward · · Score: 5, Insightful

    ...offenders are already incarcerated, and those that have been released from prison after serving their time are still pretty closely monitored

    In my opinion, once a person has served their sentence, their criminal record should be sealed and not available to anyone, unless the person commits another criminal act, throughout their parole period, and after the successful completion of the period of parole the record should be expunged after 2 years. The whole criminal justice system seems intent upon punishing people for eternity; rather the focus should be rehabilitation and re-integration into society. If a convict is likely to re-offend maybe the person should never have been released from prison. From the moment of release from prison only the police should have access to the person's record but no background check for employment should reveal the existence of the record for all but a select few jobs (financial services, working with the vulnerable, position of trust which includes public office holders). Otherwise, society might as well tattoo a red 'C' on the forehead of the convicted. If a person commits another criminal act during their two-year probation period, they are not eligible for release from prison after the second conviction.

  9. Re:Californian Here by Fastolfe · · Score: 5, Insightful

    I am all for increased punishments for those caught dealing with human trafficking

    Out of curiosity, why? Do you have some reason to believe the existing punishments are too lax? Were the changes enacted by the legislature recently insufficient?

    I'm usually deeply disgusted by every CA proposition that seeks to increase punishments for some group, using an appeal to emotion to justify it. Are the existing punishments really not enough? Why hasn't the legislature done anything about it? Is this actually a rational approach to solve a real problem, or is it just a political move that's expected to be a slam dunk, because hey, who wants to come out in favor of sex traffickers?

    I get the value of referenda and sometimes I'm proud that it works to accomplish something that the legislature can't or won't, but the tyranny of the majority is a very real threat, as is constitutional amendment via popularity contest, and sometimes I wonder if it shouldn't be harder for people to get their pet issues on the ballot like this.

  10. Re:This is fals issue by cheekyjohnson · · Score: 5, Insightful

    Our society places pedophiles in a special category because they compulsively attempt to lure children to them for purposes of illicit intergenerational sex.

    Not all pedophiles are child molesters. I'm not even sure if the majority of them are.

    It's not unreasonable for us to limit their access

    I think it is to people who actually care about freedom of speech.

    Instead of pretending that their rights are somehow linked to our own, let's accept that every society has an ultimate taboo and for us it's the child-rapists.

    I don't want to accept what I believe is illogical nonsense.

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    Filthy, filthy copyrapists!
  11. Re:The real problem by Stormwatch · · Score: 5, Insightful

    Sorry, but an individual under 18 is a CHILD.

    Stopped reading right there. If you think so, you are completely out of touch with reality.

  12. Re:This will fail.... by Anonymous Coward · · Score: 5, Insightful

    Sex offenders can come from all walks of life. Some, just as with other criminals, are otherwise fine people and fair candidates for rehabilitation but that is a distinction many people are incapable of making because: (a) they can only view criminals in terms of stereotypes; (b) any attempt to not view criminals in terms of stereotypes leads to cries of "going soft on crime", despite the fact that the prison itself is an abject failure; (c) sex offenders, especially child sex offenders, are the paranoia du jour and we jump at shadows as if on cue; (d) we have sadistic urges and enjoy seeing people punished - the Christian right especially likes to see sinners cast out from society it seems; (e) "sex offender" is a ridiculously broad term, so sweeping as to do great damage. It lumps someone who urinated in a public place in with murdering rapists - what a spectrum! - an injustice if ever there was one.

  13. Re:Californian Here by Anonymous Coward · · Score: 5, Insightful

    Seriously I'll accept a sex offender registry for persons who prey on children (I will put the cap at 16, although if we were being honest about this, 13 is the better standard for paedophilia. And if you look at the historic reason for raising the age of consent from 13 to 18 (ignoring the original AoC) you'd note that it was TO STOP 'UNDERAGE' PROSTITUTION, not for any actual sensible reason regarding a persons age of maturity or sexual development.) But honestly, applying it indefinitely to 'streakers' 'teenagers sexting their likewise underage partners' and 'public urinators' makes me embarassed to be an american..

    But talking sense, which you are, doesn't seem to do anything with this issue. Sense is blocked out. If you talk like this at a party, otherwise intelligent people will look at you like you're a pedophile. Seriously, give it a try if you don't believe me. In this way dissent is silenced: "any critic of the definition of witch/communist/pedophile must be an apologist and probably is witch/communist/pedophile themselves".