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Ninth Circuit rejects broad computer restriction in child porn sentence

By Douglas A. Berman

Providing a fitting and timely follow-up to this morning's WSJ article on these topics (discussed here), today the Ninth Circuit in US v. Riley, No. 08-50009 (9th Cir. Aug. 13, 2009) (available here), vacates a condition of supervised release that prohibited the defendant "from using a computer to access 'any material that relates to minors.'"  Here is an excerpt from the opinion: Riley contends that this condition is impermissibly overbroad.  Because the condition reaches any material relating to minors, Riley maintains, it would prevent him from accessing even current event news stories that pertain to children.  He further argues that, as he is a technical engineer, the condition unduly prevents him from working on computer programs designed for or used by minors...continue to full post

Full post as published by Sentencing Law and Policy on August 13, 2009 (boomark / email).