Access Denied Imposing Statutory Penalties On Sex Offenders….pdfVIP

ACCESS DENIED: Imposing Statutory Penalties on Sex Offenders Who Violate Restricted Internet Access as a Condition of Probation Jane Adele Regina† I. Introduction 189 II. Probation as Punishment for Internet Crimes 191 A. Probation and Supervised Release Under the Sentencing Guidelines 191 B. Appellate Courts Differ in the Treatment of a Restriction on Internet Access as a Condition of Supervised Release or Probation 193 C. The Fourth Amendment Does Not Bar Internet Restrictions for Sexual Offenders Sentenced to Probation 196 1. Internet Restrictions as Conditions of Supervised Release Do Not Violate the Offender’s Fourth Amendment Right to Privacy 196 2. Under the Supreme Court’s Existing Jurisprudence, Computer Searches Based Wholly on Probationary Status Would Likely Not Violate the Fourth Amendment 197 III. Enforcement of a Total Ban on Internet Access is Problematic and Impractical 198 IV. Various Technological Methods Are Available to Enforce a Restriction on Internet Access 200 A. Software Technology 200 1. Forensic Software 201 2. Monitoring Software 202 3. Filtering Software 202 † J.D. candidate, 2008, Seton Hall University School of Law; B.A. Honors, Professional Writing, 1996, The College of New Jersey. I thank Professor Frank Pasquale for his tremendous insight and encouragement during the development of this comment. My deepest gratitude also extends to my family, particularly my mother, Rosemary, for her incredible support. 187 188 SETON HALL CIRCUIT REVIEW [Vol. 4:187 B. Flexibility in Software Options Mitigates Potential Privacy Concerns in the Probationer Context 203 C. Skilled Internet Offenders Invite the Potential for Circumvention 203 V. E