Court blocks temporarily California's disclosure rules for sex offenders

Civil rights groups filed a lawsuit challenging parts of the California ballot measure

A federal court in the U.S. on Wednesday temporarily restrained law officials in California from enforcing new provisions that allegedly violate the free speech rights of sexual offenders.

American Civil Liberties Union of Northern California (ACLU-NC) and the Electronic Frontier Foundation (EFF) filed a federal class-action lawsuit on Wednesday in U.S. District Court for the Northern District of California to block implementation of the provisions.

The plaintiffs had moved to enjoin the implementation of several sections of the Californians Against Sexual Exploitation Act (CASE Act), which was enacted Tuesday by Proposition 35 and was to take effect the next day.

The plaintiffs in particular challenged the constitutionality of the newly enacted California Penal Code sections which require registered sex offenders to "immediately" provide the police with lists of "any and all Internet service providers" and "any and all Internet identifiers established or used" by the registrant.

The law would require more than 73,000 Californians to turn over the information to police, and report any new account or screen name within 24 hours of setting it up, even if they are using their real name, EFF and ACLU said in a statement on Wednesday.

While the law is written "very unclearly," the information to be provided likely includes email addresses, user names and other identifiers used for online political discussion groups and other forums such as newspaper or blog comments, the civil rights groups added.

While issuing the temporary restraining order, District Judge Thelton E. Henderson also ordered that California state attorney general, Kamala D. Harris should show cause as to why a preliminary injunction should not issue enjoining her and her officers from implementing and enforcing the sections of the California Penal Code. The court will construe plaintiffs' moving papers for a TRO as a motion for preliminary injunction, the Judge wrote in the order.

The hearing is scheduled for Nov. 20.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection

Tags American Civil Liberties UnionregulationsecuritygovernmentprivacyElectronic Frontier Foundation

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service
Show Comments

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

David Coyle

Brother PocketJet PJ-773 A4 Portable Thermal Printer

I rate the printer as a 5 out of 5 stars as it has been able to fit seamlessly into my busy and mobile lifestyle.

Kurt Hegetschweiler

Brother PocketJet PJ-773 A4 Portable Thermal Printer

It’s perfect for mobile workers. Just take it out — it’s small enough to sit anywhere — turn it on, load a sheet of paper, and start printing.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?