An amendment to Utah's Sex Offender Registry law has resolved, at least in the eyes of the Utah Attorney General's Office, the case of a man who challenged handing over such personal information as online and Internet screen names and passwords to the Department of Corrections.
The man, known in federal court documents only as "John Doe," contended releasing such information as Internet screen names and passwords would violate his constitutional rights. A federal judge agreed with his position and Utah appealed that ruling to the 10th Circuit Court of Appeals.
The case then went to mediation, was delayed and then the attorney general's office asked to have the appeal dismissed following the passage of HB247.
That amendment to the Sex Offender Registry law requires convicted sex offenders to provide such information as Internet identifiers, but not passwords, to the Department of Corrections. However, this information will not be made public and will be shared only with police agencies that are investigating sex-related crimes or are trying to apprehend someone.
The 10th Circuit Court of Appeals agreed to dismiss Utah's appeal on Thursday.
John Doe, who previously lived out of state, was convicted in a military court of sex offenses involving a minor, served 13 months of an 18-month sentence and was released. He was not on probation or parole when he moved to Utah and objected to turning over screen names, passwords, Web sites and other such information to the Department of Corrections when he was required to register as a sex offender here.
He sued the attorney general, the corrections department and every Utah sheriff and prosecutor, alleging that Utah's registry requirements violated his First Amendment right to free speech. State officials maintained that John Doe had given up that right when he committed sex offenses.
U.S. District Judge Tena Campbell ruled in 2008 that John Doe could stay anonymous online.
"Although Mr. Doe is a sex offender, he has not forfeited his First Amendment rights," the judge wrote in her decision.
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