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Criminal Law

: Third Circuit Blog

Complete ban on computer and internet use not sufficiently tailored to the risks of the defendant and violated First Amendment norms.

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

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In United States v. Holena, 2018 WL 4905748 (Oct. 10, 2018), http://www2.ca3.uscourts.gov/opinarch/173537p.pdf, the Third Circuit vacated a total ban on computer and internet use as a special condition of supervision for a defendant who had been convicted of using the internet to entice a child to have sex.Holena was originally sentenced to ten years imprisonment and lifetime supervision with the special conditions that he must: (1) get approval of Probation Officer before any internet use, (2) submit to regular searches of his computer and home, and (3) let the Probation Office install monitoring and filtering software on his computer. Holena twice violated supervision, first going online to update social-media profiles and answer emails, and then logging into Facebook without approval and lying about it...continue to full post

Full post as published by Third Circuit Blog on October 15, 2018 (boomark / email).