Full opinion text
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MEMORANDUM AND ORDER RICHARD G. KOPF, Senior District Judge. Earlier I paraphrased Justice Oliver Wendell Holmes and observed that if the people of Nebraska wanted to go to hell, it was my job to help them get there. By that, I meant that it is not my prerogative to second-guess Nebraska’s policy judgments so long as those judgments are within constitutional parameters. Accordingly, I upheld many portions of Nebraska’s new sex offender registration laws even though it was my firm personal view that those laws were both wrongheaded and counterproductive. However, I had serious constitutional concerns about three sections of Nebraska’s new law. After careful study, I granted summary judgment regarding one claim and decided that a trial was necessary to resolve my other concerns. The trial has now been concluded, and I have decided that the remaining portions of Nebraska’s sex offender registry laws are unconstitutional. In short, I can only help Nebraskans get to the figurative hell that Holmes spoke of if they follow a constitutional path. For three sections of Nebraska’s new sex offender registry law, Nebraska has violently swerved from that path. I next explain why that is so. I. STATUTES AT ISSUE & PRIOR OPINION ON SUMMARY JUDGMENT MOTIONS A. Statutes at Issue Plaintiffs challenge the constitutionality — both facially and as applied — of parts of three statutes: Neb.Rev.Stat. §§ 29-4006(l)(k) and (s), 29-4006(2), and 28-322.05 (West, Operative Jan. 1, 2010). Generally, sections 29-4006(l)(k) and (s) require disclosure by persons required to register under the Nebraska Sex Offender Registration Act of remote communication device identifiers, addresses, domain names, and Internet and blog sites used; section 29-4006(2) requires registrants to consent to the search and installation of monitoring hardware and software; and section 28-322.05 criminalizes some registrants’ use of social networking web sites, instant messaging, and chat room services accessible by minors. In relevant part, these statutes provide: Neb.Rev.Stat. § 29-4006(l)(k) and (s): (1) Registration information required by the Sex Offender Registration Act shall be entered into a data base in a format approved by the sex offender registration and community notification division of the Nebraska State Patrol and shall include, but not be limited to, the following information: (k) The person’s remote communication device identifiers and addresses, including, but not limited to, all global unique identifiers, serial numbers, Internet protocol addresses, telephone numbers, and account numbers specific to the device; (s) All email addresses, instant messaging identifiers, chat room identifiers, global unique identifiers, and other Internet communication identifiers that the person uses or plans to use, all domain names registered by the registrant, and all blogs and Internet sites maintained by the person or to which the person has uploaded any content or posted any messages or information. Neb.Rev.Stat. § 29-4006(2): (2) When the person provides any information under subdivision (l)(k) or (s) of this section, the registrant shall sign a consent form, provided by the law enforcement agency receiving this information, authorizing the: (a) Search of all the computers or electronic communication devices possessed by the person; and (b) Installation of hardware or software to monitor the person’s Internet usage on all the computers or electronic communication devices possessed by the person. Neb.Rev.Stat. § 28-322.05: (1)Any person required to register under the Sex Offender Registration Act who is required to register because of a conviction for one or more of the following offenses, including any substantially equivalent offense committed in another state, territory, commonwealth, or other jurisdiction of the United States, and who knowingly and intentionally uses a social networking web site, instant messaging, or chat room service that allows a person who is less than eighteen years of age to access or use its social networking web site, instant messaging, or chat room service, commits the offense of unlawful use of the Internet by a prohibited sex offender: (a) Kidnapping of a minor pursuant to section 28-313; (b) Sexual assault of a child in the first degree pursuant to section 28-319.01; (c) Sexual assault of a child in the second or third degree pursuant to section 28-320.01; (d) Incest of a minor pursuant to section 28-703; (e) Pandering of a minor pursuant to section 28-802; (f) Visual depiction of sexually explicit conduct of a child pursuant to section 28-1463.03 or 28-1463.05; (g) Possessing any visual depiction of sexually explicit conduct pursuant to section 28-813.01; (h) Criminal child enticement pursuant to section 28-311; (i) Child enticement by means of an electronic communication device pursuant to section 28-320.02; (j) Enticement by electronic communication device pursuant to section 28-833; or (k) An attempt or conspiracy to commit an offense listed in subdivisions (l)(a) through (l)(j) of this section. (2) Unlawful use of the Internet by a prohibited sex offender is a Class I misdemeanor for a first offense. Any second or subsequent conviction under this section is a Class IIIA felony. Relevant definitions are found in Neb.Rev. Stat. § 29-4001.01: (3) Chat room means a web site or server space on the Internet or communication network primarily designated for the virtually instantaneous exchange of text or voice transmissions or computer file attachments amongst two or more computers or electronic communication device users; (10) Instant messaging means a direct, dedicated, and private communication service, accessed with a computer or electronic communication device, that enables a user of the service to send and receive virtually instantaneous text transmissions or computer file attachments to other selected users of the service through the Internet or a computer communications network; (13) Social networking web site means a web page or collection of web sites contained on the Internet (a) that enables users or subscribers to create, display, and maintain a profile or Internet domain containing biographical data, personal information, photos, or other types of media, (b) that can be searched, viewed, or accessed by other users or visitors to the web site, with or without the creator’s permission, consent, invitation, or authorization, and (c) that may permit some form of communication, such as direct comment on the profile page, instant messaging, or email, between the creator of the profile and users who have viewed or accessed the creator’s profile.... B. Prior Opinion In my prior memorandum and order addressing the parties’ motions for summary judgment (Filing 354), I determined that the plaintiffs’ facial and -as-applied challenges to the above-cited statutes raised four constitutional concerns that necessitated a trial — namely, issues arising under the First Amendment, the Due Process Clause, the Ex Post Facto Clause, and the Fourth Amendment. With regard to the First Amendment, I decided that trial was necessary as to sections 29 — 4006(l)(k) and (s) and 28-322.05 to determine whether the requirement that sex-offender registrants disclose information about Internet use violates their right to freedom of speech guaranteed by the First Amendment and the Nebraska equivalent and whether the partial ban on Internet use by certain offenders, upon pain of criminal conviction, violates those speech rights as well. I noted that the parties had not presented an undisputed record of material facts that “explains how these two statutes would actually work in practice and without such a record I cannot determine the implications of this statute on Plaintiffs’ First Amendment rights.” (Filing 354 at CM/ECF p. 35.) Similarly, I reserved for trial the issue of whether section 28-322.05 is void for vagueness under the Due Process Clause and Nebraska’s equivalent provision because the parties failed to present a sufficient factual record to show how this statute works. Thus, I could not determine whether the statute provides fair notice of what is prohibited and whether a limiting construction could be applied to save the statute. (Filing 354 at CM/ECF pp. 32-33.) As to Plaintiffs’ claim under the Ex Post Facto Clause, I decided that a trial was necessary to determine whether sections 29-4006(l)(k) and (s), 29-4006(2), and 28-322.05 violate that clause of the United States Constitution and the Nebraska equivalent for offenders (1) who had served their time and were no longer under criminal justice supervision as of the effective date of the laws, January 1, 2010, and (2) who had been sentenced prior to January 1, 2010, but remained under criminal justice supervision on or after that date. (Filing 354 at CM/ECF p. 11.) Finally, I decided that the consent-to-search and consent-to-monitoring provisions of Neb.Rev.Stat. § 29-4006(2) are unconstitutional under the Fourth Amendment and the Nebraska equivalent, Neb. Const, art. I, § 7, as to the plaintiffs who were previously convicted of sex crimes but who were not on probation, parole, or court-monitored supervision on or after January 1, 2010. (Filing 354 at CM/ECF pp. 15-27.) However, I reserved for trial the issue of the constitutionality of Neb. Rev.Stat. § 29-4006(2) under the Fourth Amendment and the Nebraska Constitution as to those who were previously convicted of sex crimes and who were on probation, parole, or court-monitored supervision on or after January 1, 2010, as well as those persons associated with them. (Id.) II. FINDINGS OF FACT A. Legislative History The challenged legislation originated in LB 97 and LB 285, which the Nebraska Legislature passed and the Governor approved in May 2009. Among other things, LB 97 amended Neb.Rev.Stat. § 29-4006 to add the search-and-monitoring provision (now § 29-4006(2)) and to add information that sex-offender registrants must report # 6516 to the Nebraska State Patrol (now § 29-4006(l)(s)). LB 97 also created two new statutes — Neb. Rev. Stat. §§ 28-322.05 (criminalizing unlawful use of the Internet by a prohibited sex offender) and 29-4001.01 (definitional section). See Nebraska Laws, LB 97, §§ 14, 24, 26 (2009). LB 285 amended Neb.Rev.Stat. § 29-4006 to add what is now section 29-4006(l)(k) and amended sections 14 and 24 of LB 97. See Nebraska Laws, LB 285, § 7 (2009). The Nebraska Attorney General’s Office was the principal drafter and editor-in-chief of LB 97, which that office brought to Nebraska Senator Scott Lautenbaugh for introduction. (Ex. 156, Attorney General’s 2009 Legislative Package; Ex. 301, Judiciary Committee Transcript at pp. 1-2, 4 (Mar. 11, 2009); Ex. 301, Floor Debate at p. 2 (Apr. 22, 2009).) Assistant Attorney General Corey O’Brien was the principal architect of LB 97, and in December 2008, he indicated in an e-mail to Senator Lautenbaugh that although he “would personally like to prevent [persons with prior sex offenses] from using the internet altogether, that would be unconstitutional. However, depriving them from accessing certain parts of the internet is perfectly constitutional.” (Ex. 199.) The Introducer’s Statement of Intent for LB 97, which included Neb.Rev.Stat. § 28-322.05, states that it was intended to “protect children from sexual predators by strengthening penalties and bringing Nebraska’s laws up to date.” (Ex. 301, Introducer’s Statement of Intent.) During the Judiciary Committee session on March 11, 2009, Senator Lautenbaugh stated: [LB 97] was brought to me by the Attorney General’s Office, and as I think I said at the outset on this, I am not sure if I’m the ideal senator to be introducing this or not, because I have sort of a ... this area is very troubling to me, and it provokes kind of a rage and maybe a lack of perspective that I probably shouldn’t have as the sponsor of this bill or probably should have the perspective as sponsor of the bill.... [T]his. is an area that I have trouble basically dealing with and processing in my own mind.... And as I indicated before, I have to confess to a certain revulsion, and I don’t think this sets me apart when we discuss people who have these convictions. And these are ongoing restrictions, and it is good to believe in rehabilitation, and the fact that people can change. In this area, I don’t buy that. I don’t think that anyone who thought this was a good idea once actually changes their view on it. (Ex. 301, Judiciary Committee Transcript at pp. 1-2,12 (Mar. 11, 2009).) During the Nebraska Legislature’s discussion of the scope of the search-and-monitoring provisions, Senator Lautenbaugh admitted that “some of the provisions in here do seem harsh and restrictive and that’s really the point .... for individuals with these particular proclivities and these particular past convictions, we do want to limit and track what they’re using the Internet for to avoid a repeat offense.” (Ex. 301, Floor Debate Regarding LB 97 at p. 6 (Apr. 22, 2009).) In his concluding remarks, Senator Lautenbaugh stated: I questioned whether or not I was the ideal person to bring this [bill], because of the just revulsion I feel for people who have these convictions. Revulsion is not too strong a word. I mean these are not criminals that we’re angry at. These are people that are just frightening to me and all of us, and I think rightfully so, and I don’t have a lot of faith in our ability to rehabilitate people who would engage in this type of conduct. (Ex. 301, Floor Debate Regarding LB 97 at p. 18 (Apr. 22, 2009).) B. The Doe Plaintiffs & Experts The parties stipulate that all plaintiffs are required to register under Nebraska’s Sex Offender Registration Act and are subject to the provisions of Neb.Rev.Stat. §§ 29-4001 to 29-4014, with the exception of John and Jane Does B and D-K. The parties further stipulate that these plaintiffs are required to register under Nebraska’s Sex Offender Registration Act because of a conviction for one or more of the offenses enumerated in Neb.Rev.Stat. § 28-322.05(l)(a)-(k): John Does 2, 3, 4, 6, 12, 13, 17, 18, 19, 24, 27, 35. Finally, the parties stipulate that the following plaintiffs committed one or more of the offenses in section 28-322.05(l)(a)-(k) by means of a computer or electronic communications device: John Does 2, 3, 12, 17, 24. (Filing 492 at CM/ECF p. 2.) Ten of the plaintiffs participating in this case testified at trial, as well as the plaintiffs’ expert. Their testimony is summarized below. 1. Professor David Post For the past 15 years, Professor David G. Post has taught at Temple University’s law school, specializing in copyright, trademark, other intellectual property law, and cyberlaw. (Tr. 66:19-67:4.) Prior to his position at Temple, Post twice worked as a law clerk for now United States Supreme Court Justice Ruth Bader Ginsburg; worked for more than six years at a large Washington, D.C., law firm in intellectual property and “high-tech transactions” involving software developers and systems integrators; and taught at Georgetown for three years. (Tr. 69:19-70:23.) Post has published several law journal articles and a law school casebook concerning the Internet and its legal ramifications. (Tr. 67:8-68:24.) Post testified that Neb.Rev.Stat. § 28-322.05 and the statutory definitions for “chat room,” “instant messaging,” and “social networking web site” in Neb.Rev.Stat. § 29-4001.01 are ambiguous, and that these definitions either cover “almost everything on the Net” or “might cover virtually nothing on the Internet,” depending upon how the terms are interpreted. (Tr. 74:17-21.) Specifically, Post testified that a “broad reading” of the definition of “chat room” in section 29-4001.01 could include “ordinary telephone service,” cellular telephone service, e-mail, and SMS text messages, as well as more conventional chat rooms that fall “clearly within the bull’s-eye” of the statutory definition. (Tr. 84:7-85:25.) For example, “when I send you an e-mail — an ordinary electronic mail with text and maybe a file attachment, I think as a perfectly reasonable reading of the statute that we are now engaged in a chat room interaction because there’s server space on the Internet that is designated for the instantaneous exchange of texts amongst the two of us.” (Tr. 85:7-13.) Further, because Amazon.com, for example, “has server sp^ce that is designated for the instantaneous exchange of text between two or more computer users,” it would also qualify as a chat room under the statute. (Tr. 86:8-17, 118:23-119:12.) Post acknowledged that a chat room allows “one-to-one communication and one to many” amongst those who are “in the room.” (Tr. 112:21-25.) Post also testified that the definition of “instant messaging” in Neb.Rev.Stat. § 29-4001.01(10) could include only “old-fashioned telephone” service if the statutory language “direct, dedicated, and private communication service” means “a line of a physical piece of wire that is dedicated to our communication [which is] the way that the telephone system actually works.” Alternatively, this language could include “virtually all electronic communication” if interpreted to mean “communicationf ] that’s not publicly accessible but is only accessible to the participants.” (Tr. 92:1-22.) Post stated that instant messaging is “any system that allows one-to-one communication via text,” which would include Google, Gmail, Hotmail, Facebook, Yahoo Messenger, Wikipedia, and YouTube because these services allow the “virtual instantaneous transfer of texts and computer file attachments.” (Tr. 93:16-94:17, 120:9-13.) Post thinks use of the word “direct” in the statutory definition of instant messaging is confusing because “anything that’s traveling over the Internet .... gets broken up into tiny pieces [and] ... converge^] virtually instantaneously on your machine later.” (Tr. 123:4-25.) Post’s “guess is” that the Nebraska Legislature was “trying to capture a sort of private one-to-one nature of conversation as opposed to one to many or many to one.” (Tr. 124:19-25.) Post testified that the definition of “social networking web site” in section 29-4001.01(13) has a “threshold statutory ambiguity” caused by use of the term “collection of web sites” because that phrase “could cover everything that is on the World Wide Web because the World Wide Web is itself a collection of web sites.” (Tr. 95:1-24.) Even if you take that definition, read it a little more narrowly, you still have things like Google.com. Google.com— you type in Google.com to your browser and it comes up with a search page, the familiar page. That page doesn’t have profile information on it. I can’t enter my profile on that page but I can enter a ... searchable profile on any number of pages that are linked to the Google web page so I can go from the Google.com page to Blogger, to Gmail, to YouTube ... and in one click I’m at a site where I can have a searchable profile that viewers can access. So ... even though [Google.com] does not have this functionality, is it part of a collection of web sites that has this functionality, and I think the answer is, yeah, it is because ... I know that they’re in the same collection of web sites. Blogger is owned by Google so I suppose that makes it part of the same collection. It’s one link away from Google so it’s part of a collection.... [T]he Google.com site encourages you to go to Blogger, to go to YouTube.... [T]o me as a user ... when I’m at the Google.com page, ... I’m in a collection of web sites that has this functionality so the Google.com page is a social networking web site. Even though it does not have this functionality, it’s part of the collection that does. (Tr. 96:8-97:9.) Aside from the “collection of web sites” issue, Post stated that the “functionality” described in this statute is the ability “to create a ... searchable profile. If I can create a searchable profile that others can comment on or communicate with me, they can find my profile and send me a message of some kind,” then it is a social networking web site within the meaning of section 29-4001.01(13). (Tr. 95:13-17.) This definition would encompass “many commercial sites that wouldn’t ordinarily think of themselves as social networking but they have this functionality,” such as Amazon.com, L.L. Bean, Blogspot, and Word-Press. (Tr. 97:16-99:8.) All of these sites have “a way for you to post your profile and talk to other users.” (Tr. 98:22-23.) Regarding the language in section 28-322.05(1) that prohibits sex offenders from using a social networking web site, instant messaging, or chat room service “that al.lows a person who is less than eighteen years of age to access or use” it, Post does not know of “any instant messaging services that even purport to keep minors out. Same for chat rooms.” (Tr. 77:19-23, 78:23-79:4.) Further, Post testified that anyone of any age can “access” a site, if only to read the site’s terms and conditions. (Tr. 78:1-16.) Post testified regarding the reporting requirement in section 29-4006(l)(s) of “all blogs and Internet sites ... to which the person has uploaded any content or posted any messages or information.” Post testified that “cookies files” are being invisibly uploaded to web sites people visit “hundreds of times ... daily as you’re ... making your way around the Net.” These text files — which contain information identifying when you last visited a web site and what you did there — “are being deposited on [an Internet user’s] machine and then sent to the web sites from their machine the next time they go visit and that could be considered the uploading of content” within the meaning of the statute. (Tr. 108:20-109:24.) In Post’s opinion, the combined effect of the statutes at issue (depending upon how they are interpreted) could bar individuals from: (1) communicating via text message since every commercially available text messaging system could plausibly be classified as “instant messaging” under Neb. Rev.Stat. § 29-4001.01(10) and no text messaging systems prohibit minors’ access; (2) communicating via cellular or landline telephone with any third party; (3) reading any blogs or online newspapers if those sites allow users to identify themselves and communicate with others via a “comments” or “discussion” functionality; (4) joining any discussion groups, listservs, or online communities; and (5) purchasing goods or services online from any site allowing user “ratings” and comments. (Ex. 304, Expert Report of David G. Post at pp. 18-19.) 2. Does 17 &F Doe 17 is employed by his father, Doe F, and he installs and maintains video conferencing systems and runs an online training business. Doe 17 serves as the operations manager, helping to manage public rental of the business’s video equipment, as well as installing video conferencing systems for clients off-site. (Tr. 285:1-287:15.) These systems use the Internet and server space, they operate virtually instantaneously, they transmit voice files, and they use hardware in the form of a CPU or electronic communication device. (Tr. 287:15-291:12.) They are also private. (Tr. 292:1-4.) Therefore, when Doe 17 performs a diagnostic check on a video conferencing system he installs, he believes he is using an instant messaging system and chat room within the meaning of the statutes at issue. (Tr. 291:16-25.) Because Doe F and Doe 17 sometimes work from separate locations — the business’s office and Doe F’s home office— they often use Google Talk instant messenger to communicate with one another, although they also frequently talk by phone. (Tr. 293:8-14, 315:1-14.) They also communicate via text messaging and an IP-based phone system for convenience and cost reasons. (Tr. 293:20-294:3, 316:5-10.) Doe 17 regularly uses e-mail in both businesses. (Tr. 299:21-25.) Doe 17 maintains his Cisco certification through that company’s web site, which requires him to create an account, give personal identifying information, review lessons, and take tests. The Cisco web site also allows one to communicate with a Cisco customer service representative or technician via e-mail and live chat and with others through help forums and blogs. (Tr. 294:4-295:11.) Doe 17 uses chat rooms and instant messaging systems for his personal online training business, but he avoids using an industry-related online forum on the topic of video conferencing called VC Talk because users must create a profile, users have the ability to communicate with other users, the site has “an age limit of 13,” and he is “trying to ... in good faith comply with the current law.” (Tr. 295:18-299:16.) He has built web sites for clients that he believes may qualify as “social networking web sites” or “instant messaging” within the meaning of the statutes at issue. (Tr. 300:2-21.) Doe 17 testified that if Neb.Rev.Stat. § 28-322.05 were applied to him, his business would shut down and he would be relegated to fewer job duties than when he was on parole because he would be prevented from answering the Internet-based phone and he could not provide training because “the method of doing training is remote training all over the web. It all involves audio and text chat.” (Tr. 303:2-305:1.) He frequently interfaces with law enforcement because he is required to update his Internet identifying information regularly because he has many web sites that he maintains for clients that require him to “upload[ ] data” and he “constantly” needs access to technical forums to “do new research on new issues.” (Tr. 308:18-309:13.) Doe F testified that Doe 17 was integral to his small business. (Tr. 326:2-327:22.) According to Doe F, if section 28-322.05 were applied to Doe 17, Doe F would have to terminate his son’s employment, and Doe F could not pass the business on to his son. (Tr. 330:6-9, 332:3-16.) 3. Doe 35 While Doe 35 does not use computers, cell phones, instant messaging, or chat rooms in the course of his work, he regularly texts his wife during the day, and occasionally his mother. (Ex. 211 at 10:20-12:4, 14:6-16.) He maintains a Facebook account to keep up with old friends. (Ex. 211 at 12:13-15, 15:16-16:8.) 4. Doe 31 In his current occupation, Doe 31 provides remote desktop and server support for one client, which involves basic hardware and software troubleshooting. (Tr. 341:20-342:6.) To do his job, Doe 31 must access his client’s computers remotely, which allows him to share computer files back and forth and access the Internet on others’ computers. (Tr. 343:4r-24.) Although his job frequently requires him to access vendor web sites by creating a profile with a user name and password, Doe 31 has never used the chat capabilities that are available on those web sites. (Tr. 344:16-346:21, 350:19-23.) Doe 31 does not post any information on web sites for either work-related or personal reasons, but he e-mails and texts family and uses a cell phone for personal and business reasons. (Tr. 351:1-352:13.) 5. Doe 21 Doe 21 is the president of a music retail company and wholesaler. (Tr. 353:22.) Doe 21 uses e-mail, Google Chat, and text messaging to communicate with customers internationally. (Tr. 354:21-355:25.) He admitted that providing his e-mail addresses and online identifiers under Neb.Rev. Stat. § 29-4006(l)(k) and (s) has not affected his ability to conduct business. (Tr. 356:14.) 6. Doe 3 Doe 3 is self-employed, running a business that sells and installs high-end ear audio and video equipment and other vehicle accessories. (Tr. 360:5-15.) He has operated the business for almost two years. (Tr. 368:20-21.) He purchases inventory from online vendors through email, telephone, and vendor web sites, and some of these vendor web sites require creation of a profile. (Tr. 360:21-361:6.) He also visits manufacturer web sites that allow him to communicate with the manufacturer via email from the web site. (Tr. 365:7-20.) Doe 3 conducts much of his business through car audio forums, including contacting new global clients. (Tr. 361:20-362:9.) For example, he uses DIYMA.com (Do It Yourself Mobile Audio), which permits a person to create a profile, search and view another’s profile, and allows some form of communication; it also allows direct messaging functions between users. (Tr. 362:15-363:3.) Doe 3 uses these forums to solicit business, find information, and ask and answer technical questions. (Tr. 363:16-24.) These forums do not require users to prove their age in order to log in or use them. (Tr. 372:22-373:4.) Doe 3 uses these forums at least once per day as his primary source of technical data, and he uses other forums “all the time ... throughout the day.” (Tr. 364:8-22.) If he were banned from these forums, he would not be able to access the full range of technical information needed or consult with car audio experts. (Tr. 373:5-17.) Doe 3 is able to take credit card payment over the phone by having an account with the Internet-based company called Square.com, which requires him to have a profile, user name, and password, but does not allow him to communicate with other users. He also uses Craigslist to advertise and sell items for his business, as well as Facebook, a cell phone, text messaging, and e-mail. (Tr. 366:20-368:7, 374:8-11.) For the type of high-end business he runs, his client base is not the local market. (Tr. 363:4-13, 373:19-374:7.) As Doe 3 put it, the impact of Neb.Rev.Stat. § 28-322.05 would be fatal if it meant he were banned from the forums: “[I]t would basically not allow me to ... continue the business because there isn’t [sic] enough ... customers located in our area to support this business.” (Tr. 365:24-366:4.) Doe 3 uses e-mail, text messaging, and web site access to communicate with his wife and children, as well as for things like his kids’ basketball league, for which “all the information comes via e-mail. Looking up the schedule of games is on a web site. None of this, information is hard copy anymore. Everything’s electronic.” (Tr. 369:6-370:7.) 7. Doe 19 Doe 19 registers in Lancaster County as a transient because his sound and light company and his coach company require him to leave Nebraska regularly to go on tours with entertainers. (Tr. 379:10-380:4.) He has operated his businesses since 2006 and 2008, respectively. (Tr. 389:5-9.) He uses text messaging and email to keep in touch with tour managers, his partners, and his assistant; to send out bids to potential clients; and for personal communication. (Tr. 382:7-383:13.) Doe 19 has not used social networking because it is “nerve-wracking with all this going on.” (Tr. 384:20-21.) He is also concerned that the mere use of these mediums is criminal. (Tr. 385:6-386:2.) He testified that he has not used social networking sites like MySpace and Facebook, but he needs to do so because he is “losing out because anybody that’s got a band or a management company has a Facebook or a MySpace ____ All bands, all artists use that.” (Tr. 384:2-385:5.) Doe 19’s potential clients use social networking “to advertise themselves and to also find people to fill their roles whether it be for sound and lighting or coaches or whatever.” (Tr. 384:5-8.) Doe 19 has abstained from setting up a Twitter account. (Tr. 389:13-15.) He testified that if Neb.Rev.Stat. § 28-322.05 prohibited e-mail or texting, it “would sink” his business because “[n]obody would know about me. There is no way to communicate .... [S]nail mail isn’t done anymore in that kind of business so I would literally starve to death trying to find clients.” (Tr. 386:24-387:9.) 8. Doe 18 Doe 18 has significant experience with both computer hardware and computer software. (Tr. 390:20-392:9.) He currently operates a computer consulting business, including removing computer viruses, upgrading hardware and software, and providing on-call support. (Tr. 392:10-20.) He communicates with clients via cell phone calls, texts, and e-mail. If a customer sends an e-mail to his cell phone, it appears as a text message on his phone, but his reply will appear as an e-mail to the client — “[fit’s technical convergence. It’s ... getting harder and harder to separate the things.” (Tr. 393:4-17.) Doe 18 gains remote access to problem computers using the program LogMeln, which has the capability to allow him to chat via text with the person on the other computer and to transfer computer files. (Tr. 394:2-395:1.) He uses manufacturer web sites to obtain technical assistance, such as the web sites for Lexmark, Dell, and IBM. (Tr. 396:25-397:5.) All of the manufacturer web sites permit some form of chat function, and he has used the chat function on the Lexmark web site to obtain technical data from a person of unknown age, gender, or location. (Tr. 397:6-398:4.) Similar to Doe 3, Doe 18 uses online forums, such as Bleeping Computer, to get assistance with technical problems. He is concerned that such sites might be considered social networking web sites within the meaning of the Nebraska statutory scheme. For example, Bleeping Computer allows one to sign up and register an account, to maintain a profile page, to view or gain access to another’s profile page, and to communicate with others in a forum. (Tr. 396:1-17, 398:5-399:2.) Doe 18 has refrained from getting Linkedln, Facebook, and Twitter accounts because he does not know “how the law stands on that.” He is also concerned about using links and forums on various technical web sites because “it’s not always clear where you’re going”; he “may not be ... in the public area of that company web site ... if they haven’t secured their internal company information”; and he may “stumble into what might be considered a social networking web site” under Nebraska law. (Tr. 395:2-15, 400:11-22, 401:13-21, 402:19-403:9.) Doe 18’s “limited presence on the Internet” has limited his work and is “odd” for a computer consulting business. “If you don’t have a presence on the Internet, you don’t have a company basically speaking.” (Tr. 395:2-18, 403:10-20.) If Neb.Rev. Stat. § 28-322.05 prohibited Doe 18 from using forums and manufacturer web sites, it would be difficult, if not impossible, to resolve the virus and other in-depth problems he encounters in his computer consulting business. (Tr. 401:19-402:5.) Further, if he were unable to use a cell phone or text message, it would “significantly impact” his relationships with his family, Mends, and church. (Tr. 403:21-405:1.) Doe 18 earns 80 percent of his income performing construction remodeling because he cannot generate enough income through his computer consulting business due to his “very small digital presence .... the work doesn’t just spontaneously occur.” (Tr. 408:4-13, 409:13-410:8.) 9. Doe 2 Doe 2 develops Internet-based applications for his employer. (Tr. 412:16-21.) His employer has “intranet,” which is a company-specific social networking site used only by employees. (Tr. 413:22-415:13.) This site is “only one step removed from what Facebook does” and allows users to generate a profile, get and use a user name and password, access others’ profiles, and electronically communicate with other employees. Doe 2’s employer hires interns who are under 18 years old. (Tr. 414:5-23, 441:12-15.) He collaborates with other employees in New York and Wisconsin using this medium (Tr. 415:4-10), as well as through an Internet-based phone service (Voice-over IP), WebEx (which contains “an instant message type of a chat”), GoToMeeting, and instant messaging. (Tr. 416:6-418:23.) Doe 2 uses “a few hundred” online forums to post technical questions and answers. (Tr. 420:11-423:9.) These sites require you to create a profile and some of them allow users to talk to each other “through personal messages.” (Tr. 422:23-423:6.) In addition to his employment, Doe 2 also runs a computer programming and consulting business, including web site design. (Tr. 423:15-425:10.) For some of the web sites he has developed, he is the “guy on the other end” of the “chat window” who assists others. (Tr. 424:17-425:1.) He frequently uses e-mail and text messaging for his consulting work, and 10 to 15 percent of his work is done through instant messaging. (Tr. 425:11-426:8, 442:19-25.) Doe 2 uses LogMeln, Remote Desktop Protocol, pcAnywhere, GoTo-MyPC, and a virtual private networking product by Cisco to gain remote access to clients’ computers. (Tr. 419:2-420:6, 426:16-427:5.) If Neb.Rev.Stat. § 28-322.05 prohibited Doe 2 from using social networking, such as his company internal web site, instant messaging, or chat room systems, he does not believe his consulting business could survive, and he is not sure how he could function as an employee since his co-workers are in other parts of the country. (Tr. 427:9-428:3, 431:21-433:22.) By not using Facebook and Twitter, Doe 2 is “really struggling because [he] just can’t pull people in.” (Tr. 430:10-24.) Doe 2 also uses eBay and Amazon to purchase household items and books for his college-aged children, as well as Internet news sites and sites related to sex-offender laws. (Tr. 433:5-22, 439:4-6.) There are several devices in Doe 2’s home that connect to the Internet, including several computers, a Blu-ray player, Xbox products (which allow users to connect with other users), and iPods. (Tr. 437:9-438:25.) 10. Doe 24 Doe 24 is on the Nebraska sex-offender registry due to a 2005 conviction for online enticement of a minor and a sentence imposed in 2006 for one year and a day. He was not put on probation or parole for that offense. (Tr. 471:3-25.) Doe 24 was sentenced to 3 to 6 years for a drug offense in October 2010 and was paroled on March 27, 2012. Doe 24’s conditions of parole require him to “obey all ... laws, ordinances and orders” and “permit [his] parole officer and/or personnel of Parole Administration to conduct routine searches of [his] person, residence, vehicle or any property under [his] control, at such times as they deem necessary.” (Tr. 450:15-24 & Ex. 210.) Doe 24 is not subject to a special condition of parole that would have required him to “consent to unannounced examination (search) of any and all computer(s) and/or devices to which you have access to.” (Ex. 210 at p. 6.) Doe 24 has a bachelor of science degree in business administration with a focus on management information systems, databases, and entrepreneurship, and he was previously employed as a consultant where he “would either go on site or remotely access [clients’] computers or their servers and resolve any ... IT need.” To gain this remote access, Doe 24 used the Internet and often communicated with “chat features.” (Tr. 454:15-25, 455:12-456:25.) He “had full access to router switches, firewalls, servers, desktops, laptops, anything that was connected to the Internet or their network.” (Tr. 457:19-23.) 11. Doe 12 Doe 12 operates a specialized software development and computer consulting company for clients around the world. (Tr. 489:10-13.) Because he has clients in Europe, Asia, and South America, he communicates via chat rooms and instant messaging because it would be cost-prohibitive otherwise. (Tr. 490:23^91:9.) He uses Skype on a daily basis, which permits communication via typed text, voice-over IP, and video-over IP, as well as AOL Instant Messenger, Yahoo, and Google Talk. (Tr. 490:23-491:9.) Doe 12 has authored technical books in his field, and as a result has an author page on Amazon. (Tr. 496:15-498:6.) Amazon allows a person to view his author web site, allows him to view a profile page of another Amazon user, and permits some form of communication between these two profiles. (Tr. 498:7-18.) As with a number of the other Does, he participates in online forums, both as a consumer and as a “guru” providing expert technical data in response to questions. (Tr. 500:2-501:4.) Doe 12 testified about how difficult it is, from a user’s perspective, to know what system or protocol (SMS or Internet) is being used to communicate. For example, when Doe 12 telephones his brother in California, it rings on his brother’s computer via Skype, leading to the question “where does the phone system end and the Internet and Skype begin?” Similarly, a group SMS text sent through Doe 12’s Verizon account will automatically convert into an Internet-based MMS (multimedia) message “because Verizon just decided to ... do that.” (Tr. 535:25-537:17.) Doe 12’s daughter’s cell phone allowed her to “text using SMS to a particular number and then by proxy it would post it off to Twitter but the primary mechanism for all of the different clients, whether it be on the web or on my phone ... is over the Internet Protocol.” (Tr. 535:14-23.) In Doe 12’s view, Twitter falls within the definition of “social networking web site” in Neb.Rev.Stat. § 29-4001.01(13). When Doe 12’s step-daughter and wife were in Wisconsin for two months because of a medical problem, he and his family members used videoconferencing and “most of these technologies” to keep in touch. (Tr. 521:1-16.) He also stated that if Neb.Rev.Stat. § 28-322.05 were to go in to effect, he “would cease to exist” as far as his personal, family, and business lives are concerned. (Tr. 534:21-25.) C. Defendants’ Witnesses 1. Hemanshu Nigam The defendants’ expert witness, Hemanshu Nigam, is the founder and CEO of SSP Blue, an online safety advisory firm that provides strategic business consulting services to corporations and governments on Internet safety, security, and privacy issues. (Ex. 305.) Nigam’s experience in the world of Internet security and safety spans more than 20 years, through service as the Chief Security Officer for News Corporation and as an officer involved in Internet security issues at Microsoft, as well as through prosecutorial experience involving online child pornography and child predator and child trafficking eases for the United States Department of Justice and the Los Angeles County District Attorney’s Office. (See Ex. 305, Curriculum Vitae at pp. 11-15.) Nigam recognized that “[w]hen the Internet was being created, one of the things that people were trying to do was try to create what’s happening in the real world.” (Tr. 188:12-14.) For example, an online “chat room,” as defined in Neb.Rev.Stat. § 29-4001.01(3), is the equivalent of a “party,” or any room with multiple people present, where every person in the room can talk to one another or engage in a more private one-on-one conversation off to the side. (Tr. 193:20-194:3, 253:23-254:3.) Nigam testified that “instant messaging” is the equivalent of a private conversation between two people, with no one else listening. (Tr. 193:5-11, 254:14-18.) Finally, Nigam stated that “social networking web sites” reflect common real-world situations like book clubs or other social settings, where individuals gather with other individuals who are also members of the club or group and share things with each other. (Tr. 253:2-19.) Nigam disagreed that the statutory terms in Neb.Rev.Stat. § 29-4001.01 could include a vast amount of the Internet. He testified that a “chat room” would not include cellular telephone service because the two operate on different “platforms” (Tr. 199:18-24), nor would it include blog postings. (Tr. 200:8-201:23.) E-mail also would fall outside the definition of chat room because each medium uses a “different language.” (Tr. 202:3-7.) Nigam stated that SMS texting would not be included in the definition of “instant messaging” for several reasons — first, SMS texting and instant messaging operate using different protocols (Tr. 189:6-18), and second, the mechanics of delivery of a SMS text message and an instant message differ. A text message “goes to a company that then delivers it to you,” while an instant message is sent directly to a recipient, bypassing the service-provider in the middle. (Tr. 191:16-192:12.) Therefore, Neb.Rev. Stat. § 28-322.05 would not prohibit texting. (Tr. 255:15-23.) Nigam does not believe a “collection of web sites,” as used in the definition of “social networking web site” in Neb.Rev. Stat. § 29-4001.01, means properties a company such as Google owns; rather, it means “one property and all the different pages that are associated to the site because those are the web pages that are part of that web site.” (Tr. 206:17-207:5.) Nigam believes that one does not “use[ ]” a social networking web site, instant messaging, or chat room service within the meaning of Neb.Rev.Stat. § 28-322.05(1) unless they are engaging in what “all of them require which is communication.” (Tr. 219:1-6.) Regarding the language in section 28-322.05(1) that bars knowing and intentional use of a social networking web site, instant messaging, or chat room service that allows a “person who is less than eighteen years of age to access or use” it, Nigam stated that as a practical matter, one would need to look daily at the terms of use of those sites and services in order to comply with this statute, but from “a good faith perspective, [he] would be comfortable if somebody checked it'the first time they actually registered and startfed] using it.” (Tr. 258:1-260:4.) 2. Scott Haugaard Scott Haugaard is a 14-year investigator with the Nebraska State Patrol who has worked the last four years with the FBI’s Cyber Crimes Task Force. (Tr. 554:12-20.) Haugaard has experience investigating online enticement, child pornography and exploitation, and other crimes against children involving the Internet. (Tr. 555:7-23.) When assigned to online child enticement investigations, Haugaard would present himself on the Internet as a child and wait for individuals to introduce themselves. (Tr. 569:15-23.) The introduction would frequently occur via instant message through a service like Yahoo Instant Messenger. Haugaard also participated in chat rooms. (Tr. 570:3, 571:8, 572:15.) From there, the individuals would begin “grooming” their victims through communication intended to “kindle a friendship” and “build up self-esteem” in their victim. (Tr. 572:19-574:3.) Then, the individual would begin discussing sex and eventually propose a meeting “for the purposes of real physical sex.” (Tr. 573:6-8.) Haugaard testified that having a registered sex offender’s e-mail addresses and Internet identifiers, as required by Neb. Rev.Stat. § 29^4006(l)(k) and (s), would allow law enforcement to remotely monitor those addresses and identifiers and link them to a specific person in the event “an investigation started.” (Tr. 576:13-21.) Law enforcement officers currently use several programs and software packages that allow officers to “plug in, say, an email address or a[n] instant messenger moniker ... and identify an individual.” (Tr. 577:20-24.) Without this information, law enforcement officers previously could only accomplish this by searching an individual’s computer. (Tr. 577:25-578:1.) Haugaard testified that even when law enforcement personnel know a sex offender’s e-mail addresses or other online identifiers, any monitoring by law enforcement would not include the content of a registrant’s messages or Internet activity, and such identifiers are not made public. (Tr. 576:15, 577:6-8, 578:2-4.) III. CONCLUSIONS OF LAW A. Facial and As-Applied Challenges “A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid.” United States v. Salerno, 481 U.S. 739, 745, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987); see also Wash. State Grange v. Wash. State Republican Party, 552 U.S. 442, 449-50, 128 S.Ct. 1184, 170 L.Ed.2d 151 (2008) (reaffirming the Salerno test outside the context of certain First Amendment challenges). This is because facial challenges “run contrary to the fundamental principle of judicial restraint that courts should neither anticipate a question of constitutional law in advance of the necessity of deciding it nor formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.” Wash. State Grange, 552 U.S. at 450, 128 S.Ct. 1184 (internal quotation marks omitted). TCF Nat’l Bank v. Bernanke, 643 F.3d 1158, 1163 (8th Cir.2011). See also United States v. Stephens, 594 F.3d 1033, 1037 (8th Cir.2010) (discussing facial and as applied challenges). In the First Amendment context, and as further explained below, facial challenges may be applied when there “is a realistic danger that the statute itself will significantly compromise recognized First Amendment protections of parties not before the Court.” Roach v. Stouffer, 560 F.3d 860, 870 n. 5 (8th Cir.2009) (internal quotation marks & citations omitted). B. First Amendment Challenges to Sections 28-322.05 & 29-4006(1) (k) and (s) Plaintiffs attack section 28-322.05 because that statute’s partial ban on Internet use by certain offenders, upon pain of criminal conviction, violates the plaintiffs’ right to free speech under the United States and Nebraska Constitutions. Plaintiffs also challenge sections 29 — 4006(l)(k) and (s) because the requirement that registrants must disclose information about Internet use violates their right to freedom of speech guaranteed by the First Amendment and the Nebraska equivalent. “The parameters of the constitutional right to freedom of speech are the same under both the federal and the state Constitutions.” State v. Hookstra, 263 Neb. 116, 638 N.W.2d 829, 833 (2002). The Supreme Court has made clear that First Amendment protections for speech fully extend to Internet communications, as well as to anonymous speech. See Reno v. ACLU, 521 U.S. 844, 870, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997) (explaining that the Internet allows “any person with a phone line [to] become a town crier with a voice that resonates farther than it could from any soapbox” and that “our cases provide no basis for qualifying the level of First Amendment scrutiny that should be applied to this medium”); McIntyre v. Ohio Elections Comm’n, 514 U.S. 334, 342, 115 S.Ct. 1511, 131 L.Ed.2d 426 (1995) (stating that “an author’s decision to remain anonymous ... is an aspect of the freedom of speech protected by the First Amendment”). States may regulate content-neutral speech (a) if the regulation is narrowly tailored to serve a significant governmental interest and (b) if the regulation leaves open ample alternative channels for communication of information. See Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989). It is immaterial that the government’s interest might be adequately served by some less-restrictive alternative. Id. at 798, 109 S.Ct. 2746. See also Turner Broadcasting Sys., Inc. v. F.C.C., 512 U.S. 622, 662, 114 S.Ct. 2445, 129 L.Ed.2d 497 (1994) (“To satisfy this standard, a regulation need not be the least speech-restrictive means of advancing the Government’s interests.”). “A statute is narrowly tailored if it targets and eliminates no more than the exact source of the ‘evil’ it seeks to remedy. A complete ban can be narrowly tailored, but only if each activity within the proscription’s scope is an appropriately targeted evil.” Frisby v. Schultz, 487 U.S. 474, 485, 108 S.Ct. 2495, 101 L.Ed.2d 420 (1988) (citation omitted). This standard “does not mean that a ... regulation may burden substantially more speech than is necessary to further the government’s legitimate interests. Government may not regulate expression in such a manner that a substantial portion of the burden on speech does not serve to advance its goals.” Ward, 491 U.S. at 799, 109 S.Ct. 2746. “[H]owever, the regulation will not be invalid simply because a court concludes that the government’s interest could be adequately served by some less-speech-restrictive alternative.” Ward, 491 U.S. at 800, 109 S.Ct. 2746. That the Government’s asserted interests are important in the abstract does not mean, however, that the [regulation on speech] will in fact advance those interests. When the Government defends a regulation on speech as a means to redress past harms or prevent anticipated harms, it must do more than simply posit the existence of the disease sought to be cured. It must demonstrate that the recited harms are real, not merely conjectural, and that the regulation will in fact alleviate these harms in a direct and material way. Turner, 512 U.S. at 664, 114 S.Ct. 2445 (internal quotation marks & citation omitted). If the challenged statute fails to meet either prong of the test — narrow tailoring or failure to leave open ample alternative channels — the statute fails. See, e.g., Olmer v. City of Lincoln, 23 F.Supp.2d 1091, 1103 (D.Neb.l998) (“The ordinance [intended to protect children from graphic visual depictions of aborted fetuses] is not narrowly tailored to serve a constitutionally important government interest. Therefore, it is unnecessary to determine whether the ordinance leaves open ample alternative channels of communication.”), aff'd, 192 F.3d 1176 (8th Cir.1999) (finding that because ordinance was not narrowly tailored, ordinance was facially unconstitutional; not considering alternative channels of communication). At the outset, it should also be noted that the plaintiffs assert, as part of their First Amendment challenge, that the statutes are overbroad. In the First Amendment context, overbreadth is a remedial question and not a separate reason for finding that a statute violates the First Amendment. See, e.g., Scott A. Keller & Misha Tseytlin, Applying Constitutional Decision Rules Versus Invalidating Statutes in Toto, 98 Va. L.Rev. 301, 348 (2012) (“The overbreadth invalidation rule only applies to the remedial question of whether to invalidate a statute in toto — not to the initial inquiry into whether a constitutional violation exists under the relevant decision rule.”) (emphasis added). With these principles in mind, I next turn to an analysis of the challenges to sections 28-322.05 and 29-4006(l)(k) and (s). For the sake of clarity, I analyze each of these two sections separately regarding the plaintiffs’ First Amendment challenges. 1. Section 28-322.05 Certain sex offenders who committed crimes against minors are banned from using social networking web sites, instant messaging, and chat room services under section 28-322.05 upon pain of a jail or prison sentence. The age of the triggering conviction does not matter. The fact that the offender has a clear record since the conviction does not matter. The fact that the offender is not under court supervision does not matter. The fact that the offender legitimately needs access to the banned sites to make his or her living does not matter. The fact that the offender legitimately needs access to the banned sites to obtain news that probably cannot be obtained in another way does not matter. The fact that the offender legitimately needs access to the banned sites to check on the health and well-being of his children while they are in a distant hospital does not matter. The fact that the offender did not use any of the banned sites to commit his or her crime does not matter. In relevant part, the statute reads as follows: Any person required to register under the Sex Offender Registration Act who is required to register because of a conviction for one or more of the following offenses, including any substantially equivalent offense committed in another state, territory, commonwealth, or other jurisdiction of the United States, and who knowingly and intentionally uses a social networking web site, instant messaging, or chat room service that allows a person who is less than eighteen years of age to access or use its social networking web site, instant messaging, or chat room service, commits the offense of unlawful use of the Internet by a prohibited sex offender: [listing offenses]. Neb.Rev.Stat. § 28-322.05(1). The plaintiffs admit that the State has a significant, even compelling, government interest in protecting minors online from sex offenses. Indeed, there is no doubt that minors access certain sites quite heavily. See, e.g., J.S. ex rel. Snyder v. Blue Mountain Sch. Dist., 650 F.3d 915, 951 (3rd Cir.2011) (en banc) (Judge Fisher, with Scirica, Rendell, Barry, Jordan, and Vanaskie dissenting) (“Twenty-three percent of teenagers between the ages of 12 and 17 who own cell phones use them to access social networking sites like MySpace and Facebook.”) (citation omitted). Nonetheless, the plaintiffs forcibly argue that section 28-322.05 suppresses too much speech — that is, the statutes limit use of the “most popularly used mediums used in everyday life for all types of communication.” (Filing 496, Pis.’ Trial Br. at CM7ECF p. 13.) After very careful deliberation, I decide that Neb.Rev.Stat. § 28-322.05 is not narrowly tailored. I also decide that the statute does not leave open ample alternative channels for communication of information. Recognizing that either decision is enough to invalidate the statute, I next explain my reasoning. a. Narrow Tailoring Whatever else the words of Neb. Rev.Stat. § 28-322.05 might mean, it is undisputed that those words ban the offenders described in the statute from using ubiquitous utilities such as My Space, Face-book, Skype, Twitter, Windows Live Messenger, and Google + together with a large number of other utilities. In order to understand the significance of the ban, it is important to understand the size and overarching presence of “social networking web sites” and “instant messaging” and “chat room” services on the Internet. Consider the following: * “By the end of 2008 and the start of 2009, social networking became even more popular than e-mail.” Geelan Fahimy, Liable for Your Lies: Misrepresentation Law as a Mechanism for Regulating Behavior on Social Networking Sites, 39 Pepp. L.Rev. 367, 384 (2012). * Social networking sites are now used by all demographic groups — one study in 2010 showed that “forty-seven percent of Internet users aged fifty to sixty-four years old and twenty-six percent of those over sixty-five use social networking sites.” Id. at 385. * MySpace has over 100 million users, and 50% of those are outside the United States. Id. at 386. * In May of 2012, Facebook had 901 million monthly active users, 3.2 billion “likes and comments” per day, 300 million photos uploaded per day, and 125 billion “friendships.” Face-book, Inc., Amendment 6 to Form S-1, filed with Securities Exchange Commission (May 9, 2012) (p. 5 of 227) (graphic on table-of-contents page). * Skype, which is now owned by Microsoft, had 170 million users and over 207 billion minutes of voice and video conversations in 2010. Microsoft News Center, Microsoft to Acquire Skype (May 10, 2011). In late 2012 or 2013, Skype will become part of Microsoft “Office.” Microsoft News Center, Microsoft unveils the new Office (July 16, 2012). Microsoft “Office,” a suite of applications including Word, Excel, and PowerPoint, has oyer a billion users worldwide. Ionut Arqhire, Microsoft’s Office Has over One Billion Users, Softpedia (July 10, 2012). * As of February 2012, 15% of online adults use Twitter, and 8% do so on a typical day. Pew Research Center, Twitter Use 2012 (May 31, 2012). * As of February 2010, Windows Live Messenger was used by 300 million people in 76 countries, and that use produced 1.5 billion conversations and 9 billion messages per day. Jeff Kunins, Windows Live Messenger (Feb. 9, 2010). * In just over a year since its release, 400 million people have installed Google + and 100 million of those use the utility monthly. Vic Gundotra, # googleplusupdate (Sept. 17, 2012). * Thirty-six percent of American social networking web site users believe that the sites are “very important” or “somewhat important” to them in keeping up with political news. Pew Research Center, Politics on Social Networking Sites (Sept. 4, 2012). For example, the 2012 “Republican convention alone drew 5 mill