California, United States of America
The following excerpt is from People v. Torres, F073873 (Cal. App. 2018):
In Packingham v. North Carolina (2017) 582 U.S. ___ [137 S.Ct. 1730] (Packingham), the court held unconstitutional a state criminal statute making it a felony for registered sex offenders to gain access to social media websites minors are known to use. The criminal statute defined a "social networking Web site" to include four specific criteria. The website (1) "derives revenue from ... sources related to the operation of the Web site," (2) facilitates " 'social introduction' " or " 'information exchanges' " between two or more people, (3) allows " 'users to create ... personal profiles that contain information such as the name or nickname of the user,' " and (4) provides " 'users ... mechanisms to communicate with other users, such as a message board.' " (Id. at pp. 1740-1741, conc. opn. of Alito, J., original italics.)
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