DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Supervising Cybercrime Offenders Through Computer-Related Conditions: A Guide for Judges

Posted on November 28, 2015 by Dissent

Orin Kerr helpfully tweeted a link to a guidance for judges on restricting access to computers as a condition of probation and supervised release. Because it’s a condition that’s come up in a number of hacking-related sentences, I thought I’d post it here:

Supervising Cybercrime Offenders Through Computer-Related Conditions: A Guide for Judges
Stephen E. Vance
Attorney Advisor
Probation and Pretrial Services Office Administrative Office of the U.S. Courts
Federal Judicial Center October 2015

From the introduction, on the statutory principles involved (footnotes omitted):

Sentencing courts have broad discretion to impose special conditions of postconviction supervision, provided that several requirements are met. First, the condition must be “reasonably related” to the relevant sentencing factors. For supervised release cases, these factors are (1) the nature and circumstances of the offense, (2) the history and characteristics of the defendant, (3) deterrence, (4) protection of the public, or (5) providing needed correctional treatment to the de- fendant.For probation cases, these factors are the same as in supervised release cases and also include reflecting the seriousness of the offense, promoting respect for the law, and providing just punishment for the offense. It is not necessary for a special condition to be reasonably related to every sentencing factor. Rather, each factor is an independent consideration to be weighed.

Second, the condition must minimize the deprivation of liberty. For supervised release cases, they must involve “no greater deprivation of liberty than is reasonably necessary” for the purposes of deterrence, protection of the public, and providing needed correctional treatment to the defendant. For probation cases, they must “involve only such deprivations of liberty or property as are reasonably necessary” for the purposes of deterrence, protection of the public, providing needed correctional treatment to the defendant, promoting respect for the law, and providing just punishment for the offense. Third, the condition must be “consistent with any pertinent policy statements issued by the Sentencing Commission.”

Access the full report here.

No related posts.

Category: Uncategorized

Post navigation

← Hervé Falciani, self-proclaimed HSBC whistleblower, sentenced in absentia to five years’ jail over biggest leak in banking history
UK: Bluebox Broadband: 3,000 customers’ details published online →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • National Health Care Fraud Takedown Results in 324 Defendants Charged in Connection with Over $14.6 Billion in Alleged Fraud
  • Swiss Health Foundation Radix Hit by Cyberattack Affecting Federal Data
  • Russian hackers get 7 and 5 years in prison for large-scale cyber attacks with ransomware, over 60 million euros in bitcoins seized
  • Bolton Walk-In Clinic patient data leak locked down (finally!)
  • 50 Customers of French Bank Hit by Insider SIM Swap Scam
  • Ontario health agency atHome ordered to inform 200,000 patients of March data breach
  • Fact-Checking Claims By Cybernews: The 16 Billion Record Data Breach That Wasn’t
  • Horizon Healthcare RCM discloses ransomware attack in December
  • Disgruntled IT Worker Jailed for Cyber Attack, Huddersfield
  • Hacker helped kill FBI sources, witnesses in El Chapo case, according to watchdog report

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • The Trump administration is building a national citizenship data system
  • Supreme Court Decision on Age Verification Tramples Free Speech and Undermines Privacy
  • New Jersey Issues Draft Privacy Regulations: The New
  • Hacker helped kill FBI sources, witnesses in El Chapo case, according to watchdog report
  • Germany Wants Apple, Google to Remove DeepSeek From Their App Stores
  • Supreme Court upholds Texas law requiring age verification on porn sites
  • Justices nix Medicaid ‘right’ to choose doctor, defunding Planned Parenthood in South Carolina

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.