A new state law, which took effect Tuesday (House Bill 34), requires Utah's nearly 7,000 registered sex offenders to turn over certain Internet information, including screen names and passwords to social networking sites, such as Facebook and MySpace.
But U.S. District Judge Tena Campbell has ruled a Clearfield man can ignore it until she determines whether it is constitutional.
The man, identified only as John Doe, filed a lawsuit last week saying he already served his time and Utah should not be able to lean on a new law to further punish him for his old crime.
Doe served 13 months in the military corrections system after he was found guilty of carnal knowledge and sodomy of a minor. But Doe said his constitutional right to due process, protection from unreasonable search and seizure, and freedom of expression would be violated if the state forces him to turn over his online information.
Doe further argued his crime was not Internet-based and that the new law could lead to unlawful convictions due to planted evidence.
Rep. Jim Bird, R-West Jordan, sponsored the new law in question and said he is confident it will stand up to the challenge. He drew a line between the publicly accessible sex-offender registry information and password information which would be only available to police.
"What's all the uproar here if the police have the opportunity to find that person quicker?" Bird said. "This is for law-enforcement purposes only."
Attorney David Broadbent, who is representing Doe for free, said the law isn't needed.
"The government can always obtain something through a valid search warrant where the circumstances justify it," he said Tuesday.
The Department of Corrections is preparing to expand its Web site next week to include additional information mandated by state lawmakers earlier this year.
sgehrke@sltrib.com
The 2006 act in part, requires states to expand sex offender registries by next July or lose federal funds. Utah lawmakers this year passed laws that move toward complying with some parts of the act. Offenders are now required to register every six months rather than yearly, and updates to Utah's sex-offender registry include:
* New registerable offenses including voyeurism, kidnapping, aggravated kidnapping and unlawful detention
* Secondary addresses and detailed vehicle information
* Professional licenses held by the offender, educational institution affiliations, and volunteer information
* Law enforcement-only access to Internet and employer information, copies of passports and immigration documents, fingerprints, Social Security numbers and DNA
