"All Other Claims Against Defendants Are Dismissed With Prejudice" - Well, At Least The Court Terminology Is Honest - USA

Wednesday, September 25, 2013

Doe v Raemisch

"Plaintiffs' affidavits explain in detail the difficulties and embarrassment they and their families have endured as a consequence of complying with these new restrictions, even though their convictions are now almost twenty years in the past and they have led completely law-abiding, if not exemplary, lives in the interim. Their stories raise substantial questions as to the wisdom and fairness of subjecting them and similarly situated individuals to lifetime registration and notification requirements with their attendant obligations and restrictions. But given the previous decisions addressing the issues Plaintiffs raise, I conclude that the relief, if any, must come from the legislative branch. With one limited exception, the fact that the restrictions are difficult and cumbersome is not enough to make them unconstitutional. For the most part, the amendments to the Wisconsin sex offender registry system do not depart in any meaningful way from the systems already found to be constitutional by the Bollig and Smith Courts.

The lone exception I find to this is the $100 fine provision, which I have concluded cannot be constitutionally imposed on them. With this exception, Defendants' motion for summary judgment is GRANTED and Plaintiffs' motion for summary judgment is DENIED. The Clerk is directed to enter judgment declaring that imposition of the $100 annual fee on Plaintiffs pursuant to Wis. Stat. § 301.45(10) constitutes punishment in violation of their rights under the ex post facto clauses of the United States and Wisconsin constitutions and enjoining Defendants from assessing or collecting such amount from Plaintiffs. All other claims against Defendants are dismissed with prejudice."

September 25, 2013

Federal Court of Appeals: Sex Offender Registry Fee Unconstitutional Ex Post Facto Violation Under Certain Circumstances

http://congress-courts-legislation.blogspot.co.uk/2013/09/federal-court-of-appeals-sex-offender_25.html

Doe v Raemisch

http://scholar.google.com/scholar_case?case=8848008220643270891&hl=en&as_sdt=2&as_vis=1&oi=scholarr

http://sexoffender-decisions.blogspot.co.uk/2013/09/doe-v-raemisch.html

http://congress-courts-legislation.blogspot.co.uk/2013/09/federal-court-of-appeals-sex-offender_25.html

Land Of The Free-er

July 1, 2013

Feds Worry Defendant in Forced Decryption Case Will Forget Passwords

"Federal prosecutors are urging a federal judge to demand a Wisconsin man immediately decrypt several hard drives they believe contain child pornography.

The authorities have been litigating the constitutionality of the decryption issue for months, and want the suspect, Jeffrey Feldman, to decrypt the drives before he forgets the passwords. Federal prosecutors say Feldman can, even after decrypting, continue litigating his claim that the Fifth Amendment protects him from having to unlock at least seven hard drives in the case."

http://reason.com/24-7/2013/07/01/feds-worry-defendant-in-forced-decryptio

Here’s a Good Reason to Encrypt Your Data [well, in the USA]

http://www.wired.com/threatlevel/2013/04/encrypt-your-data/

Judge: Child porn suspect doesn't need to decrypt files

http://news.cnet.com/8301-13578_3-57587670-38/judge-child-porn-suspect-doesnt-need-to-decrypt-files/

Child-Porn Suspect Ordered to Decrypt His Own Data

http://www.wired.com/threatlevel/2013/05/decryption-order/

Opinions Differ

Today, it was reported, that the forum associated with TheOpinionSite, was attacked and the content, essentially, destroyed, by, at least, a coordinated DDOS attack.

The forum may re-open, in a different format, in the future.

FAIR Enough

Monday, November 12, 2012

And another door opens: USA FAIR

"Today I and several other advocates did something amazing. Today is the official launch of USA FAIR, Inc., which stands for USA Families Advocating an Intelligent Registry – and of which I am proud to have been named Executive Director.

With your help and support, we can help get the facts out on low sex offender recidivism, tell the stories of how the registry needlessly and negatively impacts the families of registrants and work to bring about real change through public education. We will hold the media accountable for the information they report and provide them with a central source for contacting advocates for reform and accessing the latest in sex offender research."

http://iloveasexoffender.blogspot.co.uk/2012/11/and-another-door-opens-usa-fair.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed:+ILoveASexOffender+%28I+Love+a+Sex+Offender%29

USA FAIR

http://www.usafair.org