Again, lawmakers with another UNCONSTITUTIONAL provision tacked into sex offender laws. This password provision is no different than saying to RSOs, give me a key to your home so we can search it whenever we feel like. This is plain nonsense, two other states have tried it and courts have declared such UNCONSTITUTIONAL, the 4th Amendment has not been repealed to my knowledge. Any lawyer worth his/her salt can tackle this and win. Passwords, e-mail addresses, and other Internet IDs are all inside the home, a place where the state is not permitted to go absent a warrant showing probable cause that a crime has occurred.
Further, this law violates the U.S. Supreme court precedent which holds that every citizen has the right to anonymous free speech. Further, a federal court in Utah has already declared this unconstitutional. The same was held true in Indiana also by a federal court.
1-7-2009 Georgia:
Columbia County, GA—When Georgia sex offenders go online, there could soon be more eyes watching what they do, who they instant message, even monitoring their email accounts. “We have people here who are involved in internet crimes, internet crimes against children, and I’m sure we’ll come up with some type of plan to make sure we do monitor those people to make sure they’re not doing something illegal.“
Starting January 1st, sex offenders have to turn in their email addresses, passwords, and screen names to their local sheriff’s office. David Rush with Columbia County admits there are some kinks for law enforcement agencies to work out, but once they do, he says it (the new law) will be a plus.
Columbia County hasn’t decided exactly how they’ll monitor the offenders online or how often, but says if they don’t send in the information, they will be arrested. “It’s just another way for these people, these sex offenders to know that we are looking at them. As long as they’re obeying the law, they have nothing to worry about. But we want them to know that if they try to entice a child, or try to engage in any type of internet porn, we will be watching them and taking appropriate action if they do violate the law,“ says Rush.
Next week, the Governor’s Sex Offender Registry Task Force meets and could hammer out guidelines for how law enforcement agencies should validate the internet information sex offenders turn in and how often they should check on them. We’ll follow up after that meeting. ..News Source.. by Paige Tucker
January 7, 2009
GA- Registered Sex Offenders Must Comply with New Internet Rules
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