The Folly of S-431 `The KIDS Act of 2008'

5-22-2008 National:

Why registered sex offenders cannot comply with S-431 as written: Part-1

Senators McCain and Schumer have introduced S-431 "The Kids Act of 2008" and the Senate has passed that bill and sent it to the House.

This bill clearly shows that Congress has no idea of how the Internet works because registrants cannot comply with the INTENT of the bill. The INTENT is that SORNA registrants BEFORE USING A e-mail address or other Internet identifier, register those identifiers -in person- with their local registering agency.

The bill does say: "`The Attorney General shall have the authority to specify the time and manner for reporting of other changes in registration information, including any addition or change of an electronic mail address or other designation used for self-identification or routing in Internet communication or posting.'."

No matter what 'Time or Manner' the AG choses, the BEFORE INTENT of the bill, cannot be complied with. I guess the AG could violate the BEFORE INTENT and say, AFTER ESTABLISHING a identifier...but ????? Your guess is as good as mine, its a joke, they have not considered how the Internet works, but the bill SOUNDS GOOD and may ultimately get John McCain the Presidency; the real intent of this bill and others like it, votes.

UPDATE: A few readers have said that they cannot find the BEFORE INTENT in S-431. This update addresses that specifically, in the bill is the following:

`(4) Any electronic mail address or other designation the sex offender uses or will use for self-identification or routing in Internet communication or posting.'.

"Will use" shows the BEFORE INTENT of the bill.

One note, it is strange that the Senate has sat on this bill for so long, and all of a sudden it is passed by them, without Senator Kennedy's vote who was taken ill just before the bill was presented for vote in the Senate.

Accordingly, lets review how the Internet works:

The Mechanics of Issuing Internet Identifiers:

E-Mail Addresses: When someone applies for a e-mail address they have no idea if said e-mail address is available, if not available one must chose another one and another until an available one is found. Assuming the chosen e-mail address is available or after finding an acceptable e-mail address, it is immediately issued, that constitutes use of the e-mail address and violates SORNA’s preregistration requirement.

Chat Room Names: Similarly, when a person tries to enter a chat room, they must chose a identifier, said identifier may or may not be available AT THAT TIME, assuming it is available then it is assigned FOR IMMEDIATE USE. However, upon exiting that chat room that identifier is available to other users. Given the way chat room names are assigned, SORNA registrants cannot comply with SORNA because SORNA is written contrary to the way chat rooms assign identifiers. Accordingly, because of the immediate assignment and use of identifiers a SORNA registrant would be, immediately in violation of the SORNA provision requiring -in person- registration of such identifier before use.

Many other Internet identifier assignments work similarly; accordingly it is impossible for ANY SORNA REGISTRANT to comply with SORNA if they wish to use the Internet.

Further, excepting e-mail addresses, and places where a registrant becomes a member (i.e., news room, or websites to get updates from that website (which could be a social network), etc.) ALL OTHER Internet identifiers are temporary in nature and available to anyone once that person signs off that site. Accordingly, social networking type sites that participate cannot comply with the requirements of SORNA either!

Clearly, just the current wording of S-431 is absolute proof that Congress is unaware of how the Internet operates and therefore cannot write legislation that allows SORNA registrants to use the Internet at all. That may well be their intent.

Previous Issued Internet Identifiers:

E-Mail Addresses and Other Internet Identifiers: There are no provisions in S-431 for registering any e-mail addresses or other Internet identifiers that SORNA registrants already have without registrants admitting that they have already violated SORNA for having such identifiers and be subject to arrest.

Given SORNA is retroactive, so sayeth the U.S. Attorney General, just the act of registering those PREVIOUSLY issued identifiers would subject SORNA registrants to a criminal charge for registering them. Due process is completely thwarted and ALL REGISTRANTS (some 600,000 plus) having a previously issued identifier could be arrested and imprisoned for up to 10 years.

Tomorrow, the Constitutional Rights Being Denied SORNA Registrants which Congress has not even considered.

eAdvocate