It is safe to assume that persons who post and use adult services sections sites typically
prefer anonymity.214 Therefore, not all users of adult services ads would be pleased with having
to provide their personal information prior to usage of the site. While individual privacy is a
critical concern, the Supreme Court has upheld legislation that regulates constitutionally protected
rights when there is a compelling state interest in protecting the public. For example, the Court
has upheld regulations that require identity information of the buyer—including a criminal
background check when purchasing a weapon,215 even though the right to keep and bear arms is
protected by the Second Amendment.216 While the buyer may not prefer to subject him or herself
to the invasion of privacy required to purchase a gun, regulations requiring a certain degree of
SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures,
and to limit access to such information, as is appropriate by law, to individuals responsible for the verification
of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who
may be authorized by SSA as governed by the Privacy Act ( 5 U.S.C. § 552a), the Social Security Act ( 42
U.S.C. 1306(a)), and SSA regulations ( 20 C.F.R. Part 401).
The E-Verify Program for Employment Verification Memorandum of Understanding, U.S. DEPARTMENT HOMELAND SECURITY 1
(Sept. 9, 2009), available at http://www.uscis.gov/USCIS/E-
DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such
information to individuals responsible for the verification of employees’ employment eligibility and for
evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law.
Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to
enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal
Id. at 2.
The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E-Verify and this
MOU only to confirm the employment eligibility of employees as authorized by this MOU. The Employer
agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure
that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it
is not disseminated to any person other than employees of the Employer who are authorized to perform the
Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by
SSA or DHS for legitimate purposes.
Id. at 6.
The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act ( 5
U.S.C. § 552a( i)( 1) and ( 3)) and the Social Security Act ( 42 U.S.C. 1306(a)), and that any person who obtains
this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be
subject to criminal penalties.
214 See e.g., Help- How Can I Post Anonymously and Still Receive Email Replies?, BACKPAGE,
ies (last visited Oct. 29, 2013) (instructing users on how to remain active on the website yet anonymous).
215 See Brady Handgun Violence Prevention Act requirements in 18 U.S.C.A. § 922( 5)( 2) (West 2013) where interim provisions were
held unconstitutional by Printz v. United States.
Under the interim provisions, a firearms dealer who proposes to transfer a handgun must first: ( 1) receive from
the transferee a statement (the Brady Form), §922(s)( 1)(A) ( i)(I), containing the name, address and date of birth
of the proposed transferee along with a sworn statement that the transferee is not among any of the classes of
prohibited purchasers, §922(s)( 3); ( 2) verify the identity of the transferee by examining an identification
document, §922(s)( 1)(A)( i)(II); and ( 3) provide the ‘chief law enforcement officer’ (CLEO) of the transferee's
residence with notice of the contents (and a copy) of the Brady Form, §§922(s)( 1)(A)( i)(III) and (IV). With
some exceptions, the dealer must then wait five business days before consummating the sale, unless the CLEO
earlier notifies the dealer that he has no reason to believe the transfer would be illegal. §922(s)( 1)(A)( ii).
Printz v. United States, 521 U.S. 898, 935 (1997).
216 U.S. CONST. amend II.