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SALT LAKE CITY (AP) -- A federal judge has barred Utah from enforcing a new sex-offender registry law against a Weber County man pending the outcome of a lawsuit that could decide whether the law is constitutional.
The law requires registered sex offenders to turn over their passwords to Internet social networking and blogging sites -- like MySpace and Facebook -- to the Department of Corrections. It took effect Tuesday.
A lawsuit filed by a man identified in court papers as "John Doe" claims the law violates his Fourth Amendment right against unlawful search and seizure.
On Monday, U.S. District Judge Tena Campbell said enforcing the law before a court can review its constitutionality would cause him "irreparable harm."
Campbell's ruling only bans the use of the law as it pertains to the man's case.
The man was convicted of carnal knowledge and sodomy of a minor by a military court in 2005. He was spent 13 months in a military corrections system and was discharged from the Air Force. Although he was never in Utah's court or prison system, the man was required to register as a lifelong sex offender.
In his lawsuit, the man claims turning over passwords for "monitoring" by state officials, could also allow someone to plant evidence against offenders.
Assistant Utah Attorney General Sharel Reber said the law doesn't violate seizure laws because police would need a warrant to access information gathered about offenders and stored in a state database.
Campbell said the lawsuit presents "thorny and complex issues" that need to be studied. She ordered the man to register as a sex offender under the old law until the lawsuit is decided.
Another hearing is set for Aug. 28.
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Information from: Deseret News
(Copyright 2008 by The Associated Press. All Rights Reserved.)
