UPDATED: 8-11-2009
8-10-2009 National:
Apparently there is no respect for sex offender registry laws, if there is a way to profit from them. See Sex-predator iPhone app is back in business
All of the following apps available from the Apple store violate -at a minimum- the following California Sex Offender Registry Law:
California 290.46(l) (1) A person is authorized to use information disclosed pursuant to this section only to protect a person at risk. (2) Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited: (A) Health insurance. (B) Insurance. (C) Loans. (D) Credit. (E) Employment. (F) Education, scholarships, or fellowships. (G) Housing or accommodations. (H) Benefits, privileges, or services provided by any business establishment.
1) A careful review of the above will reveal, it is not "charging for information" that violates the law, it is the "use of registry law information" by ANY BUSINESS that the law prohibits.
2) A reader suggests that "any business establishment" means, that business cannot deny a registrant its service because they are on the sex offender registry. I would agree that is ONE construction.
However, "use of information disseminated" is the service of these software vendors (businesses), and that is exactly what is prohibited by the statute. Now, if we were to construe as our reader suggested, that these sofware vendors are not permitted to deny registrants access to their individual information in the registry, that itself would violate another law. California registrants are not allowed to view the registry AT ALL:
290.46(k) "Any person who is required to register pursuant to Section 290 who enters an Internet Web site established pursuant to this section shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment."
Clearly there is an abiguity and "Sex Offenders Search" application points it out by saying they are not sure of the proper construction, so they are denying folks for the moment, likely they are having a lawyer review the applicable laws.
3) California registry information is only to be used "to protect someone at risk." How does the software prevent someone from New York from accessing the information; obviously they are not "at risk" from someone living in California! These applications ignore such found in the law.
The following applications "USE CALIFORNIA REGISTRY INFORMATION" (note vendor updates):
Note Message re Calif: California information IS NOT available in the PAID
version, but that information is available in the LITE version (above).
Note message re: Calif: SOS is not currently showing Calif RSOs until they are
certain that such is legal. Users who purchased prior to 8-7-09 are still
able to get all RSOs from California. (Interesting but conflicting message)
Note Message: FREE for a limited time (apparently they intend to charge soon.)
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