Requirement that Convicted Sex Offenders Provide Internet Identifiers Now On Hold Until Further Litigation
San Francisco, California – The proponents of Prop 35 released the following statements responding to a ruling today by Senior District Judge Thelton E. Henderson of the United States District Court, Northern California District. Judge Henderson has granted a preliminary injunction on one provision of Prop 35 that required convicted sex offenders to provide internet identifiers to law enforcement. The ACLU and EFF filed a lawsuit shortly after the initiative’s landslide victory at the polls in November 2012 on this provision and today’s ruling continues a temporary injunction awarded just after Election Day.
“We are disappointed with this decision, but we are confident that in due time this common sense provision will be upheld by the courts,” said Chris Kelly of the Safer California Foundation. “The claims made by the ACLU have been previously litigated, and appellate courts have rejected their misinterpretation of the Constitution. We will continue to advocate for the protection of vulnerable women and children online and on our streets that California voters called for in their overwhelming support of Proposition 35.”
“Californians made clear when they passed Prop 35 with 81% that the people support making the internet a safer place for vulnerable women and children,” said Daphne Phung, Founder of California Against Slavery. “This was the most popular initiative in California’s history. Given that overwhelming support, it was disappointing that court took a different view on a provision of the initiative. We are confident that in due time this provision will be upheld.”
All other provisions of Prop 35 are in effect. The injunction applies only to the one provision that convicted sex offenders provide internet identifiers to law enforcement.
About California Against Slavery
California Against Slavery (CAS) is a non-partisan human rights organization dedicated to ending
human trafficking, starting where we live. The organization’s mission is to defend the freedom
of every child, woman and man by empowering the people of California to fulfill our obligation
to stop human trafficking. For more information, visit www.californiaagainstslavery.org.
About the Safer California Foundation
The Safer California Foundation is dedicated to supporting efforts to protect Californians from
all forms of criminal exploitation. Created by Chris Kelly, former Facebook Chief Privacy Officer
and a Silicon Valley attorney and philanthropist, the Safer California Foundation looks forward
to the day when every neighborhood in California is as safe as our most secure neighborhoods