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36 Am. J. Trial Advoc. 329 (2012-2013)
Internet Access Restrictions for Convicted Child Pornography Sex Offenders: How Far is too Far

handle is hein.journals/amjtrad36 and id is 349 raw text is: Internet Access Restrictions for Convicted Child Pornography Sex Offenders: How Far Is Too Far? Introduction On the spectrum of criminal behavior in American society, convicted sex offenders are viewed with the most suspicion and apprehension. Under various sex offender registry schemes, convicted sex offenders often receive the harshest restrictions upon release from confinement.' Other convicts, even violent ones, are not required to register or be monitored like sex offenders.2 The National Sex Offender Registry and the laws that have come into effect following terrible, violent crimes involving young children require convicted sex offenders to register with the state or federal government following release from confinement. Although the requirements of the registries may be controversial, they have been upheld by the Supreme Court.' In recent years, however, sex offenders have been faced with another restriction: Internet access. As newspapers cease to be printed in any medium other than the Internet and Americans become more dependent on online banking and shopping services, is it reasonable to restrict sex offenders' access to the Internet? A complete bar to access or restricted access to this vital ' See Catherine L. Carpenter & Amy E. Beverlin, The Evolution of Unconstitu- tionality in Sex Offender Registration Laws, 63 HASTINGS L.J. 1071, 1079 (2012). 2 See id. at 1079-80. See, e.g., Bradley Fox, Understanding and Managing the Challenges ofSex Crime Cases: Look Beyond the Crime at Sex Offender Status and Registration, in STRATEGIES FOR DEFENDING SEX CRIMES 25, 26 (Aspatore 2012); Daniel B. Freedman, Determining the Long-Term Risks of Recidivism and Registration Failures Among Sexual Offenders, 76 FED. PROBATION 14, 14 (2012); Melissa Hamilton, The Child Pornography Crusade and Its Net-Widening Effect, 33 CARDOZO L. REV. 1679, 1687- 88 (2012). 4 See, e.g., Smith v. Doe, 538 U.S. 84, 95-96 (2003) (holding Alaska's sex-offender registration statute is not an unconstitutional ex post facto law by a six-to-three vote, reasoning that sex offender registration is civil in nature, not a punishment); Connecticut Dep't of Pub. Safety v. Doe, 538 U.S. 1, 7-8 (2003) (ruling that Con- necticut's sex-offender registration statute did not violate procedural due process of those to whom it applied).

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