Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

New student note proposing new framework for assessing computer conditions

By Douglas A. Berman

A helpful reader altered me to this notable new student note by Gabriel Gillett, headlined "A World Without Internet: A New Framework for Analyzing Supervised Release Conditions that Restrict Computer and Internet Access."  Here is the abstract: This Note explores whether a condition of supervised release that restricts computer and Internet access violates the doctrine of unconstitutional conditions.  Although a circuit split has developed regarding the scope of a permissible restriction, as Courts of Appeals have been inundated with cases challenging the validity of these technology restrictions, no court has yet viewed these limits through the lens of the doctrine of unconstitutional conditions.  This Note begins with a discussion of the First Amendment and the theory of unconstitutional conditions, tracing their respective developments in cases relating to prisoners, speech, and the Internet age...continue to full post

Full post as published by Sentencing Law and Policy on October 31, 2010 (boomark / email).