Thanks to the many people who have sent me the link to the published SORNA Guidelines. These Guidelines pertain to the registration requirements of the AWA. I'm reading through the Guidelines now and will post my thoughts here later. In the meantime, you can read the Guidelines here.
TalkLeft is covering the release of the Guidelines here.
Update: After reading through the Guidelines, a few things stuck out to me. These throughts aren't anywhere near a comprehensive summary of the Guidelines.
First, I found the completely gratuitous language justifying federal involvement interesting:
While sex offender registration and notification in the United States are generally carried out through programs operated by the individual states and other non-federal jurisdictions, their effectiveness depends on also having effective arrangements for tracking of registrants as they move among jurisdictions and some national baseline of registration and notification standards. In a federal union like the United States with a mobile population, sex offender registration could not be effective if registered sex offenders could simply disappear from the purview of the registration authorities by moving from one jurisdiction to another, or if registration and notification requirements could be evaded by moving from a jurisdiction with an effective program to a nearby jurisdiction that required little or nothing in terms of registration and notification.
Since I think the SORNA provisions face serious Commerce Clause problems, I focused on this statement. Although it probably has limited legal import, I think this gap-filling argument might make appearances in future government briefs. I don't think it describes what the AWA actually does, but I think a court might find it persuasive.
Second, the Guidelines play a bit of politics aimed at states, like Illinois, that have refused to implement the AWA because of its harsh requirements for listing juvenile sex crimes:
Hence, SORNA does not require registration for juveniles adjudicated delinquent for all sex offenses for which an adult sex offender would be required to register, but rather requires registration only for a defined class of older juveniles who are adjudicated delinquent for committing particularly serious sexually assaultive crimes (or attempts or conspiracies to commit such crimes). Considering the relevant aspects of the federal “aggravated sexual abuse” offense referenced in section 111(8), it suffices for substantial implementation if a jurisdiction applies SORNA’s requirements to juveniles at least 14 years old at the time of the offense who are adjudicated delinquent for committing (or attempting or conspiring to commit) offenses under laws that cover: engaging in a sexual act with another by force or the threat of serious violence; or engaging in a sexual act with another by rendering unconscious or involuntarily drugging the victim.
Third, the Guidelines provide elaboration for what online information a sex offender must include in the registry:
INTERNET IDENTIFIERS AND ADDRESSES (§ 114(a)(7)): In the context of Internet communications there may be no clear line between names or aliases that are required to be registered under SORNA § 114(a)(1) and addresses that are used for routing purposes. Moreover, regardless of the label, including in registries information on designations used by sex offenders for purposes of routing or self-identification in Internet communications—e.g., e-mail and instant messaging addresses—serves the underlying purposes of sex offender registration and notification.
The section could have been clearer, but I take the language to mean that all instant messaging, social networking, and email names must be included in the registry. I'm sure at some point in the near future there will be an offender who gets a long sentence for failure to include an email address.
Overall, I don't there were a lot of surprises in the Guidelines (or maybe I'm too jaded to some of the problems of the SORNA provisions). If anything else sticks out to you, feel free to comment.