MySpace refuses AGs’ requests

MySpace won’t release list of sex offenders to states:

In a follow-up to my post about 8 attorneys general who have demanded that MySpace give up all their information about sex offenders using their site, MySpace has flatly denied the request.

MySpace’s chief security officer said the company regularly discloses information to law enforcement officials but the federal Electronic Communications Privacy Act says it can only do so through proper legal channels .

Christian Genetski, an attorney who has represented MySpace, said the Electronic Communications Privacy Act requires subpoenas, court orders, or search warrants.

Um…aren’t attorneys general supposed to be knowledgeable of the law? Then why did MySpace’s lawyers just give them the legal smackdown?

Comments

7 responses to “MySpace refuses AGs’ requests”

  1. BelchSpeak Avatar

    The key part was this:

    Christian Genetski, an attorney who has represented MySpace, said the Electronic Communications Privacy Act requires subpoenas, court orders, or search warrants .

    A signed letter asking to play nice is no substitute for a subpoena or search warrant. Those AG’s will be back with the proper paper work.

  2. David Avatar
    David

    No they won’t. A warrent is issued when someone is suspected of committing a specific crime. As far as I know, there is no law in any of those states that prevents an individual from simply having a myspace account. Second, even if there were a law that stated that, the AGs would have to provide a warrent for the person specifically suspected of violating that law. No judge is going to issue a warrant for an entire web site’s list of users who have not commited a (new) crime.

  3. BelchSpeak Avatar

    David,
    MySpace has already said that they have software that has caught known child molesters online.

    The AG’s said O Rly? And they first asked nicely to get that list of names.

    Its not against the law to have a myspace page, but many states have already banned sex offenders from using myspace. So the AG’s just have to get a judge to sign off on a warrant and the data will be released.

    Oh there might be some wrangling over the scope of the warrant and another judge may narrow the request to just those states- but I assure you MySpace will have to turn that data over.

    The next question is whether or not the federal agencies will get involved next?

  4. David Avatar
    David

    I know I’ve heard talk in this blog about states writing such legislation as to ban convicted sex offenders from myspace, but I was unaware such legislation has actually entered into effect. Trench, what have you heard on this?

  5. Trench Avatar

    As far as I know there is no state statute banning all SO’s from MySpace but more than likely it’s being handled on a case by case basis.

  6. BelchSpeak Avatar

    Such laws do not have to be legislated through a state legislature. They can be easily passed without a governor’s signature simply by using administrative law instead.

    Sex offenders and parolees fall under the jurisdiction of the courts and prisons systems of most states. They have the administrative authority to enact laws and rules that govern prisoners and parolees. With a sweep of a pen sex offenders can be banned from MySpace. Its the same way that sex offenders now have to provide their email addresses to the parole board or face fines and/or prison.

    Such laws are already in place and did not need to go through the house, senate and governor of any state.

    Which states, I don’t know. But the States AG’s requesting this information likely already have something like that in place.

  7. joeZiee Avatar

    Fucking pervos!
    THe make me sickk.
    those fucks

    D-BAGS!

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