Operation Not a Fan
The Florida Department of Law Enforcement recently announced arrests as part of “Operation Not a Fan” for registrants who allegedly failed to report internet accounts (specifically OnlyFans) and other required registration updates. Remember that under Florida law, registrants are required to declare and update any “internet identifiers” (usernames, account names, online handles) within 48 hours.
FDLE is now collaborating with service providers to trace unreported accounts, and they’re actively investigating registration violations. Failure to register or update identifiers can lead to serious legal consequences, so stay in compliance, report all internet identifiers promptly and keep registration information up to date.
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My understanding of ‘only fans’ is is a place where you go to see risqué or nude photos of adults. I think you pay then for either access to their pics or for them to send you pics (or both, I’m not sure). I would think you could even pay them to text dirty to you. I guess the options are endless.
My point is: You Pay! Doesn’t this make this a commercial transaction (even if you don’t end up buying, i think the goal is for them to make money)? This makes ‘only fans’ accounts fall into the ‘exempt from registry’ category.
Or maybe I am way off base on how ‘only fans’ works.
Maybe the government should be more concerned with all of the tax revenue they are missing out on as I believe these transactions are not reported to the IRS.
Just Sayin’
I just saw a new break article from channel 12 news stating that those caught were part of the sting. Nowhere in the article did it say the got arrested for not registering their internet identity. The media is spreading false information. I commented on it because I saw what what written here first which is the truth here
I was arrested in 2014 for having a Facebook account before the law said ‘any social media accounts’, back then it said any ‘Instant Messenger accounts’ whatever those were. I had never messaged anyone, and only posted on my wall a few times ever. I wanted to fight it but my lawyer was very insistent that I’d lose, so I plead no contest, got 3yrs probation, attended a sex offenders class for 2 years (at $75/week) and $1000 fine.
Unfortunately the judge’s ruling about not having to register until you actually message someone came along years later, and recently I was told its too late to fight it now…
Oh, and since OnlyFans facilitates commercial transactions (I’m assuming you pay for access to the pictures or for talking to a woman or whatever), couldn’t it be argued that these were commercial transactions? Just thinking out of the box here.
I was arrested for failure to register an internet identifier (TikTok). I told them that I never liked, favorited, or messaged ANYONE (in truth it was my daughter who was using TikTok on my device and Google automatically logged her in using my gmail). They argued that this didn’t matter. Ultimately, the judge said that it wasn’t person-person and threw it out after like 6months (with me having to bond out in the meantime, and losing my ability to petition for registry removal).
I believe that we can have facebook and other social media as long as we only post on our wall or someone else’s wall (anyone with access to their/your page can see what you post)’ It’s like posting in a forum.
Two problems:
1. You’ll probably be arrested and endure whatever that may entail in your particular instance until you get a hearing and sort it in court.
2. Facebook doesn’t typically allow PFR’s to have an account and will likely deactivate it as soon as LE contacts them to see your activity.
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My problem is that I should never have been arrested because simply having an account is not committing a crime. The crime I was charged with did not occur as I messaged no-one. It was pure ignorance on the part of LE that I was arrested and charged. And that ignorance cost me my ability to petition for removal.
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So, interesting thought experiment. Let’s say someone was arrested for having a FB account. Or maybe say that LE contacted FB because that person had an account and then ,afterward or as a result of their ‘investigation’, found that they were messaging person to person. Since LE did not have a legitimate reason to contact FB, finding the messages should be excluded because LE had no reasonable articulable suspicion that a crime was committed so had no authority to conduct their ‘search’.
But, as a PFR, we’ll always lose until we win and even then we still lose.
How did LE find out if you don’t mind me asking?
I read one of the probable cause affidavits involved. FDLE sent OnlyFans all registered emails in their database and asked the company, which happens to be located in the United Kingdom, to let them know if any active OnlyFans accounts came back registered to any of the emails. The company complied voluntarily (no subpoenas involved). Also, the probable cause affidavit I read did not actually allege a crime. It only alleged that the person arrested had an unregistered OnlyFans account, not that he actually ever used the account for direct person-to-person communication, which is what triggers the legal obligation to register the “internet identifier.” The PC affidavit only said that the account had “recent activity.”
According to the federal court order in the FAC internet identifier lawsuit, using an internet account/username/identifier merely to browse content without ever engaging in direct person-to-person communication does not require registration of the account (to require such would be unconstitutional, according to Judge Hinkle).
It is my experience that most of Law Enforcement do not know the totality of the laws the are sworn to protect. The SORNA act is so wide and so full of grey areas they can get away with things. Have you arrested then make these posts and sway public opinon. They do not care about the fall out for you or your family just making them selves look better.