Kamala Harris - For California Attorney General 2010

Law Aims to Keep Witness Info off Web

By Kate Moser, The Recorder
October 15, 2009

SAN FRANCISCO — Under a bill signed into law by the governor this week
and sponsored by San Francisco District Attorney Kamala Harris,
prosecutors hope witnesses in the state's relocation program will be
harder to find through Internet searching.

Gang members have targeted witnesses through Internet search engines
even when witnesses weren't aware their personal information was
online, said Sen. Mark Leno, who authored SB 748 , which was signed
Sunday. The new law goes after people or agencies that disclose phone
numbers, addresses or other identifying information of protected
witnesses.

"In prosecuting violent criminals [Harris] needs witnesses, and that
is a very dangerous position for an individual to be in," Leno said.
"This bill really brings California statutes into the 21st century. We
know for a fact that gangs and other violent perpetrators are using
the Internet to bring down those who participate in our Witness
Relocation and Assistance Program."

The impetus behind the bill was preventive, DA's office spokeswoman Erica Derryck said. "This is an example of our office recognizing the way in which technology is used," she said.

The state witness protection program had about 500 active cases as of September, according to Leno's office.

There are about 90 people currently protected in the program that the San Francisco DA's office administers. Since it began in 1998, two witnesses in that program have been killed, the DA's office confirmed. The office noted, however, that both had returned to the city without alerting authorities.

"Every resource we have as a law enforcement community should be brought to bear in supporting and safeguarding witnesses and victims who come forward to aid in the prosecution of dangerous criminals," Harris said in a news release. "That means making sure that the law stays current with the technology criminals are using to keep witnesses in fear and out of court."

The new law makes it a misdemeanor to post information to the Internet that discloses the location of witnesses or their family members if the intent is to injure them or incite violence, with a greater fine and more jail time if witnesses or their family members suffer bodily harm.

The bill also allows witnesses to submit opt-out forms to Internet search engine providers to keep their identifying information out of public databases. Businesses and agencies are required to take down identifying information about a witness within two days of receiving such an opt-out form, or face a $5,000 civil fine.

The governor also gave the nod to another piece of Harris-sponsored legislation — Assembly Speaker Karen Bass' bill that authorizes re-entry programs aimed at curbing recidivism among nonviolent drug offenders.

That bill was supported by the California Narcotic Officers' Association and the California Police Chiefs Association, according to the DA's office.

Source: The Recorder

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