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• Description : Christopher M.E. Painter Deputy Chi...(more)ef, Computer Crime and Intellectual Property Section An often overlooked aspect of sentencing in computer crime cases are conditions that the court can impose as part of a sentence of probation or supervised release. These conditions can be tailored to restrict, among other things, a defendant’s employment, associations, and other activities, once he is released from any term of imprisonment the court imposes to protect the public and aid in a defendant’s rehabilitation. Such conditions are routinely imposed in non-computer crime cases. For example, in bank fraud cases or insurance fraud cases, courts often impose conditions restricting a defendant’s employment in those industries. In investment fraud cases, defendants are prohibited from handling other people’s money and in telemarketing cases, courts have prohibited defendants from soliciting investors, using names other than their own and have even restricted their access to telephones. Appropriate restrictive supervised release conditions are even more important in hacker cases. In many hacker cases, the defendants have engaged in illegal conduct over a protracted period, are recidivists, or have otherwise demonstrated that they are unlikely to refrain from illegal hacking even after a conviction or imprisonment. In these cases, restrictive conditions that proscribe certain kinds of otherwise lawful conduct, such as use of aliases, association with other hackers, or, in extreme cases, access to computers and computer networks, serve to protect the public. This is particularly true when the sentence of imprisonment is either relatively short or where probation is imposed, despite the destructiveness of a defendant’s conduct, or because the full extent of a defendant’s activities is not determined. In other cases, particularly where the defendant is young, there is a good chance of rehabilitation. In these cases, supervised release or probation conditions can aid a defendant’s rehabilitation by controlling or monitoring his access to those things that have tempted him in the past. In either case, appropriately tailored conditions can aid the probation office and the court in monitoring a defendant’s conduct for the period of supervised release or probation to ensure he does not engage in further illegal conduct. If a defendant violates those conditions, the probation officer can seek revocation or modification of supervised release or probation and the court can impose additional imprisonment or refine the restrictions on the defendant’s conduct. In general, in addition to certain mandatory conditions of supervised release, the court may order "any other condition it considers to be appropriate" so long as the conditions are "reasonably related" to the factors set forth in 18U.S.C. §§3553(a)(a), (1)(2)(B), (a)(2)(C), and (a)(2)(D). 18U.S.C. §3583(d). Specifically, conditions of the release must be reasonably related to the following factors: • the nature and circumstances of the offense and the history and characteristics of the defendant; and • the need for the sentence imposed – (B) ... to afford adequate deterrence to criminal conduct; (C)to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training, medical care, or other corrective, treatment in the most effective manner. 18U.S.C. §3553. See also United States Sentencing Guidelines ("U.S.S.G") §5D1.3(b). The probation statute, 18U.S.C. §3563, also allows the imposition of discretionary conditions that are related to "the need for the sentence imposed ... to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense," 18U.S.C. §3553(a)(2)(A), whereas the supervised release statute does not. United States v. Eyer, 67F.3d 1386, 1392 n.8 (9th Cir. 1995). These conditions are not prerequisites, and a court may properly impose a cond, BeautifulCrescentTours, Video Blogs video (less)