Sex Offenders In Georgia Required To Hand Over Passwords... To Protect The Children
from the fighting-the-wrong-problem-again dept
It's really amazing what sort of laws are being passed in the name of "protecting the children." The latest is a law in Georgia that requires all sex offenders not only to hand over all of their online usernames and email addresses (which some other states require), but also the passwords to all of their accounts. The idea is that authorities can now log into their accounts and see what they're doing -- which seems like a massive privacy violation. I have absolutely no problem whatsoever with punishing convicted sex offenders, but these sorts of laws go beyond punishment -- especially when the majority of sex offenders these days aren't the "internet predators" that everyone's so worried about, but people who already know the victim in some way. Also, this would mean that any time a convicted sex offender signed up for a new account somewhere, they'd have to hand over the info -- and even one slip-up can put them back in jail. It's hard to see how this law could possibly be constitutional, and I'm guessing that eventually we'll see a lawsuit to address just that issue, wasting plenty of taxpayer money. I'm not sure how that actually protects any children.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: georgia, passwords, privacy, sexual offenders
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I do have an issue with subjecting statutory rape offenders to this though since most of them are simply 18-22 yr old guys who have 16-17 yr old girlfriends and are the victims of douchebag cops who need career points.
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Re:
Why, so that they can offend more? If you read anything outside of tabloids, the recidivism rates for sex offenders are actually very low:
http://www.ojp.usdoj.gov/bjs/crimoff.htm#recidivism
"Sex offenders were less likely than non-sex offenders to be rearrested for any offense –– 43 percent of sex offenders versus 68 percent of non-sex offenders."
It's also worth pointing out that you leapt straight to "sex offenders = pedophiles", even though the new law covers all offenders, whether their crimes involved a child, an adult or were actually victimless (the proverbial guy who gets convicted of a sex crime for pissing against a bar wall).
What's sad here is that even though it won't possibly work - and the *guy who wrote the bill* admits as much in the article - people are allowed to be systematically stripped of their rights in the name of "protection" (wasn't there some kind of constitutional amendment regarding search & seizure, maybe preventing cruel and unusual punishment, etc.?)
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Recidivism
But even if you don't accept that premise, there are definitely crimes out there for which the recidivism rate is higher than some types of sex offenders, and we don't require registration and violate the privacy of those offenders, so it's not consistent to say that we do that to sex offenders because of their recidivism rate.
What this is really about is stigmatizing and demonizing people who have been convicted of a sex offense.
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Re: Recidivism
Very simple - the ideological inheritance of Puritan ideals brought into the 21st century - the same thing that makes the big stink about marriage and is the reason that parents seem to require euphemistic tales to teach their own kids sex ed - a simple refusal to accept nature and teach our kids to respect themselves and others when it comes to this subject...
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Re: Recidivism
First off its a pathology, not a means of survival in an urban area. We are NOT talking about victimless crimes here. The chance of physical injury and, perhaps worse, a lifetime of mental anguish/scarring can result from a single attack so numbers mean nothing.
Further, paroled perpetrators already have waived a sizable portion of their rights to privacy. They have the option of serving their remaining time behind bars.
* Incest offenders ranged between 4 and 10 percent.
* Rapists ranged between 7 and 35 percent.
* Child molesters with female victims ranged between 10 and 29 percent.
* Child molesters with male victims ranged between 13 and 40 percent.
* Exhibitionists ranged between 41 and 71 percent.
Again, Lets keep in mind we aren't talking about a victimless crime here such as drug addicts being locked up for using. A person who has physically violated an innocent person/child pays a heavy price (or should) which includes a reduction or elimination of said rights until their full sentence has been served. Stop trying to intellectualize this or use the "slippery slope" argument to paint offenders as a victim of heavy handed law enforcement. The public has a right to be protected first and foremost.
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Re: Re: Recidivism
These are not all paroled perpetrators, at least not in the state of Georgia. This is anybody on the sex offender registry, which includes lots of people who have served their time in full, but who are still required to register, as a result of ever having been convicted.
...until their full sentence has been served.
See above. Their sentences have been served. So your argument about reducing a person's rights until their sentence has been served is moot. How about reducing a person's rights for years after their sentence has been served?
The public has a right to be protected first and foremost.
At what cost? At any cost?
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Re: Re: Re: Recidivism
Sorry, but I still don't see an issue with controlling a sex offenders access (particularly pedophiles) to the internet. I can understand the "slippery slope" concerns behind it but at some point the argument can't be used to stifle every single decision due to what MIGHT happen.
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Re: Re: Re: Re: Recidivism
Well, it doesn't make sense to me. If we're going to make them give over their computer passwords, we might as well also let the government tap their phones and read their mail, since the Internet is at least that fundamental to many people's lives today. ... Which is ridiculous to me. "Get convicted of a sex offense and lose your 4th Amendment rights for the rest of your life." This isn't a slippery slope. This is already going too far.
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Re: Recidivism rates
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Re: recidivism rate
Your inflammatory statement is tragically how statistical data is mis-represented.
Regarding the text of the article, what about those who finished their sentences and been off probation/parole for a few years, have been in no trouble, but suddenly the state decides that "for the protection of the children" any sex offender must now give up usernames and passwords to a governmental agency that has no idea what to do with this information? Oh please, I'd love to hear your response, for once you tell me that it *might* protect a child from being hurt I will ask you that all the state has to do now to protect children (because the door is open to implementing ex post facto law) is to subject all those who have ever been convicted of a DUI (or another crime) that they now can't ever drive a vehicle since they have shown the inability to know when is when. Once you propose these things, our society begins to mimic Hitler's. Hitler once said that people will accept any deprivation of liberty if they believe it will protect their children.
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Sex Offenders defintion...
Fact is, there's a lot of jobs where keeping your password safe is a condition of employment - and never mind the complications of trying to get a job with a "sex offender" credential bright and pretty on your background check.
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Re: Sex Offenders defintion...
This whole plan is horrible, and everyone who says it's "to protect the children" should be ashamed of themselves for using the old "child protectionism" bit to push it through.
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Re: Sex Offenders defintion...
It will be a sad society where an person can't even releive themselves without worring that they will become a sex offender for life. I am sure people will realy get off watching others taking a piss.
I am not advocationg urinating in public, but some times you have to go right now and can't wait without causing serious damage to your body.
Since when is an discrete short unintintional exposure of a boby part have anything to do with sex.
Our lawmakers need to use some common sense. You know damn well that if ank of them got stuck in public somewhere, and had to pee and couldn't get to a bathroom right now that none of them would be charged with a sex crime and put on the sex offender list.
Are we living in the USA or the USSR.
Next time I am out in the woods and take a pee and someone happens to see me, will this make me a sex offender to be put on the sex offender list. Do I take the risk of having this happen, or do I have to strap a colostomy bag to my leg with a tube stuck up my urithra and just let loose when I have to go.
All kidding aside, this is a very serious issue. How will a person know exactlly what areas are considerd public and what are not to take the risk of destroying the rest of your life because you had to releive yourself. What if I am driving down some rurlal highway with knowone else around, and I have to go, what if stop and get out and start to go and a cop drives by and sees me.Will he charge me with a sex crime and be put on the sex offender list.WE shouldnt have to fear these tyes of things in the USA.
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Children
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Re: Children
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Re: Re: Children
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Re: Re: Children
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sex offender
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Re: sex offender
We aren't talking about rapists, We're talking about ALL sex offenders. Do you have any idea how easy it is to get on that list?
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Re: sex offender
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Re: sex offender
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Re: sex offender
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Re: sex offender
> convicted of the crime.
Ummm... no, they don't. At least not according to 200+ years of constitutional jurisprudence.
But I guess some guy in the internet knows better...
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Re: sex offender
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Re: Re: sex offender
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Simply doing's one time doesn't pay the debt to society when you're a felon. Just because a crime doesn't involve the internet, doesn't mean that restrictions can't be placed on a felon in that regards. Just as alcohol may not have been part of their crime, or voting or holding public office or owning a firearm, or holding many state licenses.
Just a couple days ago Techdirt wondered why DHS wasn't already monitoring blogs and forums for terrorists. Now the authors are suggesting that monitoring known felons is a goofy idea?
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Re:
Some of the crimes that get a person onto the sex offender registry are misdemeanors, not felonies. Assuming that we agree that it's appropriate to invade the privacy of felons, what about the non-felons who are also required to register?
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Children
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establishment establishment, you always know whats best!
and hey I guess if the government misuses or accidently leaks my information, I'll just sue! it's the capitalist way!
oh wait, can't sue the government, well.. I still think establishment always knows whats best!
LEARN THE RULES!!!
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Re: establishment establishment, you always know whats best!
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Re: Re: establishment establishment, you always know whats best!
Let me guess, you feel 9/11 was an inside job maaaaann??
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easy fix...
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re: sex offender
Those with underage girlfriends, naked in public, peeing in public, etc aren't felons. Many of them have no criminal record at all because it was erased when they turned 21 - yet they still are sex offenders because there's no way off the list.
all sex offender restrictions should be unconstitutional unless they're applying to people on probation.
I think if they're "dangerous" keep them in jail. if you release them, treat them the same as any other american.
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Re: re: sex offender
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Re: re: sex offender
all sex offender restrictions should be unconstitutional unless they're applying to people on probation.
and where did you read otherwise? No one is talking about monitoring offenders who have served their sentence fully or aren't on probabtion or parole.
some of you guys froth at the mouth to rebel against an imaginary, all-knowing police force bent on removing our rights. Calm down.
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Re: Re: re: sex offender
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Re: Re: Re: re: sex offender
ah, no. The stigma may last but the policies (in most states that I am aware of) do not.
Can you get any more hysterical?
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Re: Re: Re: Re: re: sex offender
Georgia is not unique in this respect.
See this page for facts:
http://gbi.georgia.gov/00/channel_modifieddate/0,2096,67862954_87983024,00.html
16. HOW LONG DOES A SEXUAL OFFENDER REMAIN ON THE REGISTRY?
* LIFE Or
* Per O.C.G.A. 42-1-12 (g) (1) “Any sexual offender required to register under this Code section who meets the criteria set forth in paragraph (2) of this Code section may petition the superior court of the jurisdiction in which the sexual offender is registered to be released from the registration requirements of this Code section. The court may issue an order releasing the sexual offender from further registration if the court finds that the sexual offender does not pose a substantial risk of perpetrating any future dangerous sexual offense.
(2) In order to petition the court pursuant to paragraph (1) of this subsection, the sexual offender shall:
(A) Have been sentenced pursuant to subsection (c) of Code Section 17-10-6.2; and
(B) Have had ten years elapse since his or her release from prison, parole, supervised release, or probation.”
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Re: Re: re: sex offender
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And woman!
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What, just the foreskin isn't enough anymore?
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Oops
I slipped up and molested a 7-year-old. I shouldn't have to go back to the slammer for that!
/sarcasm
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Re: Oops
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Parent's should be doing more to protect their children... Big Government is doing plenty already and this is a huge step too far.
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Re:
BTW, this isn't "Big Government". This is a law enforcement issue. Big Government "Protecting the children" comes under things such as passing videogame legislation and other useless grandstanding.
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Re: Re:
Most states do.
This is tyranny.
And this proposed law.
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Stupid is as stupid does
"Stupid is as stupid does."
www.cfcoklahoma.org
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Re:
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what a great alibi ...
Not to mention that some of the child pron laws have no exemption for law enforcement until charges are filed. So looking at what's in the email account could be "distributing child pron".
Exciting times.
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You know nothing and are just posting bullshit.
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Re: Sex Offender user BTR1701
Have you ever - ever - heard of stuff like this happening to any other offense? A resounding answer is NO you haven't.
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Re: Sex Offender user BTR1701
Since Ex Post Facto is a state and federal right under the state and federal constitution, I guess a sex offender looses constitutional rights.
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As far as I am concerned Child sex offenders shouldn't be allowed to even have a computer. In fact, upon their conviction the judge should stand up and push aside his robe, pull out a .357 and put one in the convicted child sex offenders head.....NEXT.
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sex offender
This is a monkey on your back that never goes away and you need to be very careful before you throw stones. I know very few men that don't go or have never gone to pron sites. You never know when "big brother " is watching any more.
Not only do you lose your "rights" you can never get a decent job, if you are on that registry a state police man comes in to "verify" for the rest of your life every 3 months that you work there, every 3 months he comes to your home to make sure you still live there, so even if your conviction is more than 5-7 years you still most say yes on a job application because a state trooper will be checking on you like a two year old.
You can never start over because when people "find out" whether it's thru googling your name or thru "well meaning busy bodies" or just plain old vindictiveness people begin to judge and don't even want to hear the truth and when they hear it they still judge and come to their own conclusions.
That person is never judged agsin on his own merits, his own life since that time in prison.
But a murderer, the person down the street giving the drugs to your child, do you think when he gets out from his few months has really stopped giving your child drugs??? But he isn't own a list!! He is recruiting your child to help him.
The gang violence in this country is killing and hurting children and they can't even stop that but are spending tax payer money to make sure my husband is at his job in the middle of the night earning 7.00 an hour. Or that we are still living where we have lived for years and years.
And the people who so smugly sit in church on Sunday and condemn us and turn their noses at us go home and either they or their husbands, brothers, friends, children, or fathers go online in the darkness behind closed door looking at the same sites that put my husband in jail.
So be very careful before you throw rocks. He who has no sins throw the first rock!!! He who has lived a perfect life who can honestly say he never looked at a play boy, victoria secret catalog (by the way they have a model who is only 14 years old in there, can you tell which one???? looking at her in a bra and panties...is that child porn?) or who has never ever gone even once to an internet porn site or even a couples sexuality site, then you can say something, but I bet even you have a sin on your soul.
My husband has more than paid his dues for looking at porn at work, but lord, everything else we have to go thru for the rest of our lives????????? For something 99.9% of the rest of the world has done??
Our life is hell, this law makes it even worse. He has paid for his sin, but not only has he, so have I, our children and now our grandchildren will too.....
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Georgia Law Requiring Sex Offendor Passwords
You need to go better research. DOJ statistics show the recidivism rate for sex offenders is lower than 5.2 percent nationwide. I used to believe it was high also. Actually the rate is lower than the vast majority of other crimes. I used to believe it was high also. The high recidivism rate myth is used by the media to attract viewers and politicians to attract ignorant voters.
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Hey
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sex offenders must hand over passwords
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sex offenders
As far as the ignorant laws Georgia keeps coming up with to protect the children...PARENTS need to start taking responsibility for their children and keep them off the internet. I have grandchildren and they are NEVER allowed on it unsupervised. Predators are going to go after children(and adults) no matter what the law makers do. Sin has invaded our planet and it is alive and well. I don't condone it and when they catch someone who has harmed a child they need to deal with him accordingly....BUT let's be sure he HAS indeed done the deed. Don't believe ANYTHING you hear on TV or read in the paper either.
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Not me!
And I advise anyone else in this state, to do the same.
This is a total invasion of privacy, and the Gestapo and Big Brother, can kiss my a--!
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Re: Not me!
If you follow the news, you will see, this is only a precursor of what is to come. They will continue to eradicate the rights of others, and when they come for you, who will be able to fight?
Also, I found this GREAT blog about these issues. Check it out some time!
http://sexoffenderissues.blogspot.com
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Re: Not me!
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So unfair
Just because I was caught sodomizing cub scouts doesn't mean I lose my rights!
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I too feel differently about those who may have fallen through the cracks because of urinating in public, and I even feel differently about statutory rapists.
Child molesters are a continuing threat to society, whenever they are out of jail. They need to be kept on a very short leash.
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Bill's an idiot
Also, your straw man attack where you ask someone to divulge their offense is irrelevant: you're attacking the person writing the material, not what the person actually talks about.
Where's your source for the bold statement that "in Georgia, most sex offenders are child molesters?" You somehow managed to forget to include a reliable, verifiable, unbiased third-party source for that nugget of information.
I feel that those such as yourself who are not able to handle basic logical arguments properly are the ones that should be on a very short leash. See the movie "Idiocracy" for an example of what the world might be like if you keep it up. What's next? You want to force sex offenders to drink only sports drinks to fix their issues because it has electrolytes?
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Sex Offenders
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How sad are law makers are
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u-2
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