This section further requires all registrants to “immediately provide” the required information to law enforcement upon the effective date of the Act.The ACLU of Northern California and the Electronic Frontier Foundation filed a federal class-action lawsuit to block implementation of unconstitutional provisions of Proposition 35 restricting the legal and constitutionally protected speech of all registered sex offenders in California.At Wallin & Klarich, our attorneys have over 30 years of experience successfully defending our clients facing failure to register charges.
Proposition 35 requires anyone who is a registered sex offender – even people with decades-old, low-level offenses like misdemeanor indecent exposure and people whose offenses were not related to the Internet – to turn over a list of all their Internet identifiers and service providers to law enforcement.
This includes email addresses, usernames and other identifiers used for online political discussion groups, book and restaurant review sites, forums about medical conditions, and newspaper or blog comments. District Court for the Northern District of California, asked for a temporary restraining order and an injunction. 7, 2012, Judge Thelton Henderson granted the request for a temporary restraining order to block these provisions from taking effect. 11, the court granted a preliminary injunction prohibiting enforcement of the Internet registration requirement until the court issues its final ruling.
If you are facing a failure to register as a sex offender charge as a result of the implementation of all of the provisions of Proposition 35, you need to contact an attorney at Wallin & Klarich today.
Call us today at (877) 466-5245 for a free telephone consultation.
If the court rules that the preliminary injunction ordered on Jan.