Decision in Internet Identifier Case
FAC NOTE: I changed the title from “disappointing” decision to just decision. If we look at the lawsuit as a whole, we started by getting an injunction that prevented a MUCH, MUCH worse version of the law. So we didn’t get “internet identifier” registration knocked out entirely, but we did prevent a disaster that would have certainly prevented tens of thousands from even working online…
The order came out in the Internet Identifier challenge, Although the decision is mixed, overall the decision was very disappointing. Essentially, the constitutionality of the Government collecting our internet identifiers (whatever that might be) was upheld.
We have had preliminary discussion with the attorneys, who need to digest the decision and decide among themselves what the best course of action would be, but an appeal is likely imminent.
The order states:
- The summary-judgment motions, ECF Nos. 76 and 77, are granted in part and denied in part.
- It is declared that the requirement in Florida Statutes § 943.0435 for convicted sex offenders to disclose to the Florida Department of Law Enforcement their email addresses and internet identifiers, defined to apply only when a registrant actually uses an identifier to communicate over the internet directly with another user, is constitutional. The Constitution does not prohibit FDLE from making the disclosed information available to law enforcement agencies and officers for official use. The Constitution does not prohibit FDLE from making publicly available a list of email addresses and internet identifiers that have been registered, but the Constitution prohibits FDLE from making publicly available the identity of a registrant associated with any given email address or internet identifier.
- The Commissioner of the Florida Department of Law Enforcement is enjoined from disclosing the identity of a sex-offender registrant associated with any given email address or internet identifier, with this exception: the Commissioner may make this information available to law enforcement agencies and officers for official use only. This injunction does not prohibit FDLE from disclosing information FDLE has obtained from independent sources unrelated to the registrant’s submission of the information to the sex-offender
- This injunction binds the Commissioner and his officers, agents, servants, employees, and attorneys—and others in active concert or participation with any of them—who receive actual notice of this injunction by personal service or otherwise.
A copy of the decision follows:
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Disappointing it is, and appealed it should be, but there are definitely silver linings. I can think of a few off hand, but there’s probably more.
The opinion was not completely unfavorable. We lost some, but… WE WON SOME
We have the option to appeal. This could end up having a positive impact on a much wider audience if it reaches circuit (or even USSC). And in such a hypothetical case, whether we win or lose in the 11th, at least it creates some case law which could eventually help a similar case but different outcome and district court get pushed to the USSC
When we filed the lawsuit, the legislature responded with what some would argue is a slightly less punitive measure, or at the very least a little less vague. Hey, I know we didn’t topple the registry, but these little chips are what lead to eventual restoration of our liberties and adherence to the constitution
The mere fact that the legislature had to respond might have had an invisible impact. Maybe a few more legislators will take a moment to ponder these laws before blindly supporting them. Maybe they will get less vague which is helpful for everyone (despite it removing one of the avenues for legal challenge {though there are many, and I’d rather us have clearer laws than have one more argument in a legal challenge})
The court not only made much clearer, but also reduced the scope of what “Internet Identifiers” can be collected. Specifically that they are “defined to apply only when a registrant actually uses an identifier to communicate over the internet directly with another user”. Combined with the other scope limitations in the statute, this is getting a little less hopelessly vague. There are many cases I can think of where I would question whether I needed to register something previously but now know with more certainty.
We (our community, FAC, our advocate attorneys and researchers) have more experience with lawsuits now. We know we can pull out at least a partial win, EVEN IN FLORIDA. I mean, come on, this is significant and positive.
So, instead of despair and mourning, we could just as easily feel uplifted. Then, do something if you aren’t already. Donate to the legal fund or in-person challenge. Comment on public stories. Donate. Prepare yourself to better spread the truth about our issues by becoming better educated. Donate. Participate in advocacy group (FAC/NARSOL/…) calls and post comments. Donate… Volunteer time with an advocacy group. For the love of god, do SOMETHING. ANYTHING. If you have not contributed to these efforts, you should realize that there is still a shortage of people out there are fighting for you and we need help. You can’t just sit back and do diddly yet complain and spread misery and expect others to fix everything for you. There are advocates out there giving every spare minute and dime they have to slow the negative momentum against us and get it going in the other direction.
This.
I almost forgot the part about how FAC early initiative on this, forced a clarification from the legislature. It was a county employee that first explained the change to me, as well as the lawsuit, characterizing the original statute as “a joke.”
This and the rest I think puts things in perspective. So i agree with FAC’s decision to revise the heading in this post.
There will be victories, even if they are smaller and slower than we would wish.
Now if FAC would only build in a “like” button for posts!
They can take this law, and go shove it up their a**es. Let them TRY to find people’s identifiers. Disgusting waste of taxpayer funds.
There is NO Reason to require people that are NOT incarcerated to provide this information anymore than any other human being with any legal conviction on their record.
This all goes back to the simple fact:
It’s easy to look ‘Tough on Crime’ when you have a whole task force of law enforcement just scouring sources to catch a person who didn’t reveal his Amazon account name, instead of SOLVING MURDERS AND HOME INVASIONS/ARMED ROBBERIES.
Floriduh politicians talk out the side of their neck about “justice” reform, but continue to craft and pass constitutionally illegal laws aimed at the narrowest segment of the criminal population…..US!
This just shows that “Florida” isn’t ever going to do away with the “Registery and it’s Laws” !! The only way for anyone to “Get Relief” is to “MOVE AWAY TO ANOTHER STATE OR COUNTRY” !!. Florida is a “Lost Cause” and we’re NOT going to win against them !!. I’m starting to pack NOW !!!
Could someone please identify exactly what an internet identifier is.
It seems that various courts have defined it very differently. If we can communicate with the receiver, either by e-mail or ‘chat’ even if it is a ‘business’ (thinking of bank, Amazon, etc.) is that to be included.
I have also noted that per the FDLE those on papers who have been given permission to use the internet MUST give those ‘identifiers’ to their P/O for input to the FDLE. Whereas persons off papers can go directly with the FDLE to communicate any updates. Question, given the time frame of the requirement to advise the FDLE, can we fax the updates t the P/O (if on papers) or do we have to appear in person?
Totally unclear on procedure.
An internet identifier is “any designation, moniker, screen name, username, or other name used for self-identification to send or receive social Internet communication.”
For convenience, this order sometimes uses the single word “username” to mean the same thing as “designation, moniker, screen name, username, or other name used for self-identification.”
The statute’s use of the longer list is apparently intended to be comprehensive, but “username,” standing alone, would probably achieve the same result.
A social internet communication is “any communication through a commercial social networking website . . . or application software,” with three exceptions:
(1) “communication for which the primary purpose is the facilitation of commercial transactions involving goods or services”;
(2) “communication on an Internet website [whose] primary purpose . . . is the dissemination of news”; and
(3) “communication with a governmental entity.” Id. § 775.21(2)(m)
In other words any “Username” you use to log into commercial accounts such as , Banks, Brokerage, Amazon, Netflix, Walmart or that is used in the comment section say of the Miami Herald or here, does not have to be registered with law enforcement.
Usernames used access social media accounts like Twitter and Facebook must be registered. Not that it matters because these companies prohibit the use of their sites to RSO anyway.
Could someone please summarize this. What has changed??
I’m with Sarah………layman’s translation please!
I figured it wouldn’t be a positive outcome. While other states are sort of making headway, Florida continues to fall deeper into the black area, leaving the grey area behind… and continuing to get away with it. My charge I plead to 13 years ago, which supposedly happened 21 years ago, had nothing to do with the internet. There’s been no recidivism unless you count a FTR 10 years ago over an internet identifier I didnt even use anymore. As someone who has a business that is 100% online sales and services, and plays numerous online games, I have over 140 internet identifiers registered. I am not one of the few whom caused the media frenzies nor the laws named for the victims. Yet I, like many others, will continue to be punished for the rest of my life for what others have done. My sentence was served, I’ve successfully reintegrated back into society as much as society has let me… but my friends (which I don’t have)… my family (which some still judge me just on the label without knowing the facts)… and my relationships (gee, wish I could have a normal one)… all cause daily suffering. Yes it is cruel what happens to victims of an SO’s crimes, but when, if ever, will those in power recognize that we become victims ourselves after we’ve already paid our debts? Again, until someone in power finds themselves in our situation, I do not see things changing in Florida any time soon. When it does, if it does, it will be too late. My life has already been past the breaking point where I could have recovered. While I do not believe it will happen, Kavanaugh being convicted of what he is being accused of and ending up on the registry may be the only thing to help us on a Federal level… but again, I don’t think it will happen with the connections he has.
I agree with you fully. The powers to be in Florida have decided to play GOD with a select few for reasons that I believe are sick and sadistic. I truly believe that they are mentally ill as that is the only explanation for their sociopath lack of empathy.
The punishment is more psychological than being locked up in a physical prison. It is basically lifetime solitary confinement forced to exist on the fringe of society and ridiculed and used as an example of the power the government has over its citizens (us).
They have no interest in saving children and are even more sickening evil because they typically hide their hate behind the face of a dead child.
” The punishment is more psychological than being locked up in a physical prison ”
That is exactly how I say it when people ask me about it.