AG won't appeal ruling in sex offender law
By The Associated Press
Thursday, July 24, 2008 9:24 PM EDT
INDIANAPOLIS - Attorney General Steve Carter said Thursday he would not appeal a federal court ruling overturning part of a new state law that would have allowed the computers of sex offenders to be searched long after their sentences had been served.
U.S. District Judge David Hamilton struck down the provision June 24, finding that it was unconstitutionally broad and violated the privacy rights of sex offenders who still must register with the state but have finished serving parole or probation.
‘‘As we strive to create a safer online environment for our kids, we must identify more targeted investigative approaches and the attorney general's office will work with legislators to do so in the session that convenes in November,'' Carter said in a written statement. ‘‘We are all dedicated to protecting children from predators, but we must do so within the constitution.''
Carter also said an appeal could have cost taxpayers as much as $100,000 without resolving the issue by the next legislative session.
‘‘The better course is for the Attorney Generals Office to consult with legislators over the next few months to develop safeguards against predators that pass constitutional muster,'' he said.
The Associated Press was unable to contact the bill's sponsor, state Sen. John Waterman, R-Shelburn, for comment Thursday. A voice mail box at a number listed under his name was unable to accept messages and his number at the Statehouse rang unanswered after hours Thursday.
The bill originally had nothing to do with sex offenders. But late in the session, a conference committee inserted several provisions - including the ones dealing with computers - that Waterman said he supported.
The law would requires sex offenders enrolling in the state's public registry to submit e-mail addresses and user names for instant messaging, chat rooms and social networking sites.
Those who provide that information would have had to sign a consent form allowing searches of their computers or other Internet-enabled devices at any time. They would also have been required to install software that monitors their Internet activity at their expense.
Failure to consent to those measures would have been a felony.
The court struck down the search provision on privacy grounds, but left intact the requirement that registered sex offenders provide e-mail addresses and other information, Carter said. Another intact provision bans registered offenders from using the same social networking sites used by children.
The American Civil Liberties Union of Indiana challenged the law on behalf of two registered sex offenders who said they had concerns about the privacy of financial and business information on their computers.
‘‘The unprecedented new law, however well-intentioned, violates the Fourth Amendment rights of the plaintiff class, who have completed their sentences and are no longer on probation, parole or any other kind of court supervision,'' Hamilton wrote in a 51-page ruling.
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