FDLE Says FAC Posts Do Not Require Registration
Florida Sexual Offender Laws
The FDLE filed a “Response In Opposition” to the Motion for Summary Judgment in the Internet Identifier Case this past Friday.
In it they wrote, “The visits that Plaintiffs and other sexual offenders make to the websites of the Florida Action Committee, Alliance for Constitutional Sex Offense Laws, and the National Association for Reform Sexual Offender Laws (DE 67, ¶¶ 63, 64, 78) do not trigger registration. Registration is not required if they post comments, unless the website allows users to create their own webpages or profiles that are visible to other users and provides a mechanism for communication between users. Plaintiffs do not make any allegations about a particular website’s functionalities that would bring those websites within the registration criteria.”
While not offering legal advise or telling you what to do; according to the FDLE’s own brief, you do not need to report your activity on the FAC website.
Both sides submitted Motions for Summary Judgment (essentially judgment on the pleadings – claiming the other side does not have a case) in the last couple of weeks. We will continue to keep you updated as the case progresses. For now; we are just updating that the word from the FDLE is that registration of activity on FAC or similar sites does not require registration!
You can bet that I made a ‘hard copy’ of this e-mail. The last time I checked in with the sheriff’s department I was told that as long as I had no social internet accounts and reported my e-mail addresses that I was OK.
No social media accounts…of course, we are excluded and banned from anything social. We are in a sort of limbo forced to exist outside the confines of society.
It’s really a social death (or murder in our case as it is deliberate) yet we are not allowed to leave the virtual prison of the USA. Still very few places will allow us to live there…even in a hurricane we were told to go elsewhere!
Confused. Thought we were not banned…
We are not banned. Please don’t take member comments as legal opinions. Unless there is a restriction in connection with probation, there is no internet ban. Similarly the SCOTUS, in Packingham, declared laws that ban access to social media unconstitutional.
Certain sites, such as Facebook, by its terms and conditions, may ban registrants from using its site, but the worst they can do is kick you off.
An act which, on its face, appears to violate the ve y California laws that Facebook members are required to avail themselves to for dispute resolution by the Facebook terms of service.
I have a question that maybe you can answer. If you registered your Facebook and all that it entails with it with SPOT and they seem to be okay with that can a probation officer or the sex offender class therapist tell you that you can’t be on it or they will violate you? Do we need to go to the lawyer again to have this clarified. There is nothing in the probation that says he cannot go on social media other than adult websites and hook up sites. Last I checked Facebook is neither. How does the SCOTUS decision in the Packingham case affect those who live in other states? Is this something that can be utilized in this situation? Just trying to understand.
Since it involves probation, you should consult with your lawyer.
Packingham did not include probation restrictions.
Facebook and the database of the registrants email addresses are linked, and if you create a Facebook account under a registered email address it will be banned within a few hours to a few days.
Instagram, Tumblr, VK, and most of the dating sites haven’t been a problem, with the exception of Tinder, which requires a Facebook account to even sign up.
Yeah…well…LEO’s have been given the reins to run with their own judgment so that doesn’t mean they or a probation officer won’t try to overstep these boundaries. I know one probation officer in particular who does everything she can to “getcha.“ she has her own interpretation of everything. Cops and military personnel are nothing more than trained drones who have given up their minds…and souls… to the control of the evil empire. They are no longer allowed to think and feel or to use wisdom or have their own opinions. They are not allowed to be reasonable human beings. They…the great satan…are there to oppress and accuse their fellow humans and they have no right to do that. The controlling secret government/monarchies have taken control by force. “And the government shall be upon his… OUR…shoulders.“ -Handel’s Messiah. They hide behind false religions, which is nearly all religions, and the facade government, to protect themselves but it’s all unraveling. Time for the masses to awaken to just how little freedom they truly have.
So I challenge you to do something for the community. We need to educate, donate, collaborate, and utilize the legal system etc. in order to be heard. Legal help COMES AT A PRICE. It’s not enough to tell your story to those of us who already understand what’s going on. It’s time to DO something to benefit all of us, and it will be better for your mental health.
It is a fact that every social network will delete your account if they find out in any way that one is a Registered Citizen. And their TOS allows them to do this. I have had it happen more than once. We are constantly being excluded by the sites even if not by the statutes.
So in the wake of the North Carolina case, has anyone thought to argue that the state’s actions (going out of their way to provide our names and e-mail addresses to Facebook, etc. essentially precludes us from taking part in these protected activities? Yeah, Facebook will say that they are private company and can do what they want, but they are operating over government regulated infrastructure (and perhaps government owned or funded in some cases) AND they are arguably violating their own state laws. Chilling effect, anyone?
So your saying that the fdle tells Facebook that your a registered offender when you register your Facebook account with them ?
No they internet identifiers are a searchable item. Thats why we give them up
they can monitor all my fac activities
I hope FDLE does monitor all the comments on the FAC site. They may actually get the education that is long overdue.
One does wonder if this is a “legitimate” interpretation of the law by FDLE or a calculated moved to specifically ensure that there is no tangible evidence on record that a court might interpret as an effort by the State of Florida to “dissuade” RSO’s from participating in political speech related to their situation.