The Alliance for Constitutional Sex Offense Laws (ACSOL) today filed a complaint regarding the new SORNA regulations with the Inspector General of the U.S. Department of Justice. According to that complaint, the regulations are unlawful for several reasons.
First, the regulations are not based on empirical evidence which demonstrate that most individuals required to register no longer pose a current risk to society. This evidence includes studies conduct by and reports issued by both government and academic sources. Second, the regulations create an unfunded mandate upon both state and local governments such as multiple registrations each year for some individuals. Third, the regulations violate the federal commerce clause because they exceed the federal government’s jurisdiction regarding individuals.
Fourth, the regulations violate the First Amendment because they limit individuals’ right to free speech by requiring the disclosure of remote communication identifiers. This restriction has a chilling effect upon free speech. Fifth, the regulations fail to provide adequate due process to individuals in violation of the Fifth Amendment. Finally, the regulations are vague and ambiguous which make it difficult if not impossible to comply with.