Doe v. Shurtleff

Doe v. Shurtleff
Court	United States Court of Appeals for the Tenth Circuit
Full case name	John Doe v. Mark Shurtleff
Decided	October 26 2010
Citation(s)	628 F.3d 1217 (10th Cir. 2010)
Holding
Affirmed District Court decision. Utah Code Ann. § 77-27-21.5, a Utah statute requiring convicted sex offenders to register their online identifiers, does not violate the First or Fourth Amendments or the Ex Post Facto Clause.
Court membership
Judge(s) sitting	Neil M. Gorsuch, Monroe G. McKay, Richard D. Cudahy
Case opinions
Majority	Monroe G. McKay
Laws applied
Utah Code Ann. § 77-27-21.5, Federal Rule of Civil Procedure 60(b), First Amendment, Fourth Amendment, Ex Post Facto Clause

Doe v. Shurtleff, 628 F.3d 1217 (10th Cir. 2010), was a United States Court of Appeals for the Tenth Circuit case assessing the constitutionality of Utah Code Ann. § 77-27-21.5, a law that requires sex offenders to register their internet identifiers with the state in order to "assist in investigating kidnapping and sex-related crimes, and in apprehending offenders." In this case, a convicted sex offender, appearing anonymously as John Doe, appealed a decision by the United States District Court for the District of Utah to vacate an order enjoining the enforcement of Utah Code Ann. § 77-27-21.5. Even though Doe did not dispute the state's interest in enacting such a statute, he believed that the statute's enforcement ran afoul of his:

Upon examining Doe's appeal, the Tenth Circuit determined that Utah's registration statute did not violate Doe's First or Fourth Amendment rights or the Ex Post Facto Clause, and therefore affirmed the lower court's decision to lift the injunction.

Doe was convicted by the United States military court system for sex offenses involving a minor and received an 18-month prison sentence. He was released after 13 months' imprisonment and was neither placed on probation nor put on supervised release. However, as a convicted sex offender residing in Utah, Doe was required to register with the Utah Department of Corrections under the Utah Code Ann. § 77-27-21.5. The statute specifically required Doe to provide "'all online identifiers and passwords used to access' websites where he was using an online identifier'". An exception was granted for identifiers associated with employment and financial accounts. Doe refused to register his identifier information and decided to challenge the law.

...
Wikipedia