Do I have to disclose all my Internet accounts and email addresses?

In November 2012, California voters passed Proposition 35 (the CASE Act), which would require 290 registrants to turn over lists of all of their Internet identifiers and service providers to the law enforcement agencies with which they register (see definitions in footnote).[510] Registrants would also have to give written notification within 24 hours of any change to their internet identifiers or service providers.[511] The internet information must be updated as part of the annual registration process, and the registrant must sign statement acknowledging the requirement.[512]

However, civil rights advocates (the ACLU and others) have filed a federal lawsuit arguing that Proposition 35 violates the U.S. Constitution’s First Amendment rights to free speech and free association. In January 2013, the federal court granted a preliminary injunction, which has been upheld by the Ninth Circuit Court of Appeal.[513] This means that the state of California cannot enforce Proposition 35 unless and until a court rules that Proposition 35 does not violate the U.S. Constitution.

  1. 510

    Cal. Penal Code §§ 290.014(b), 290.015(a)(4)-(6). An “internet service provider” is “a business, organization, or other entity providing a computer and communications facility directly to consumers through which a person may obtain access to the Internet,” but does not include “any system operated or services offered by a library or educational institution.” Cal. Penal Code § 290.024(a). An “internet identifier” is “an electronic mail address, user name, screen name, or similar identifier used for the purpose of Internet forum discussions, Internet chat room discussions, instant messaging, social networking, or similar Internet communication.” Cal. Penal Code § 290.024(b).

  2. 511

    Cal. Penal Code § 290.014(b).

  3. 512

    Cal. Penal Code § 290.012(a); Cal. Penal Code § 290.015(a).

  4. 513

    Doe v. Harris (N.D. Cal.) No. CV12-5713; Doe v. Harris (9th Cir. 2014) 772 F.3d 536.