Judge mulls law on sex offender online obligations

By GREG BLUESTEIN

Associated Press Writer

A federal judge on Tuesday began weighing arguments for and against a new Georgia law that requires sex offenders to hand over Internet passwords, screen names and e-mail addresses to law enforcement officials in the name of public safety.

Attorneys for convicted sex offender Terrence White urged U.S. District Judge Bill Duffey to block the law because it infringes on White's constitutional rights.

State attorneys countered that the 2009 law gives authorities a much-needed tool to make sure registered sex offenders don't strike again.

Duffey did not rule immediately, but he said the case centers on a "fundamental issue in our culture."

"Children do have to be protected, but that also has to be balanced with constitutional protections," he said. "And I never take those lightly."

The case hinges on a state statute that took effect in January, bringing Georgia in line with a 2006 federal law requiring authorities to track Internet addresses of sex offenders.

It also made Georgia one of the first states to take the extra step of forcing its 16,000 offenders to turn in their passwords as well.

A similar law in Utah was struck down in September on grounds that it violated the privacy rights of an offender who challenged it. Lawmakers there last week amended the registry, requiring state officials to only use the online information to investigate sex crimes.

White, who is challenging the law in Georgia, was convicted in 1986 of enticing a child for indecent purposes. His attorney, Nicole Iannarone, contended that the law is written so broadly that it could allow authorities access to his online retail accounts, bank information and anything else considered "interactive online forums."

She argued that an overzealous sheriff could charge her client or another sex offender with violating the registry's rules if he or she refuses to turn in their Delta.com account information.

"The statute is over-broad, and it doesn't have anything to do with the mission of protecting children."

State attorney Paige Boorman, however, countered that the measure "is relevant and necessary to protect the public." She said online screen names and passwords are "tools for law enforcement" that will make it easier for them to investigate and prevent another sex crime before it's too late.

Duffey peppered both attorneys with questions, but focused on the balance between public safety and free speech. The addresses of sex offenders in Georgia are already posted online to alert neighbors to their whereabouts, the judge said.

"I'm not aware of a fundamental right to live somewhere anonymously," Iannarone replied. "It is a fundamental right to speak anonymously."