This guide provides an overview of special conditions of supervised release and probation restricting computer and Internet use in an effort to protect the public from cybercrime, including child pornography offenses. The guide summarizes the relevant statutory provisions and Sentencing Guidelines policy statements that courts consider when evaluating computer and Internet special conditions; reviews Judicial Conference policy concerning the recommendation and execution of special conditions by federal probation officers; summarizes the types of bans and restrictions on computer and Internet access during postconviction supervision that have been upheld or rejected by courts, and discusses the most important factors that courts consider in assessing the restrictions; and describes the factors courts consider when evaluating conditions requiring computer filtering or monitoring and discusses other procedural issues related to the imposition and execution of such restrictions.
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Supervising Cybercrime Offenders Through Computer-Related Conditions: A Guide for Judges
October 27, 2015