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Criminal forfeiture and restriction-of-use orders in sentencing high tech offenders

Abstract

Courts in the United States, Europe and Australia have in recent years experimented with sanctions which require the computer of an offender convicted of high tech crimes to be forfeited, or which seek to prohibit the offender from undertaking certain, or all, computer-related activities like possessing or using computers or gaining access to the internet. Some courts have also imposed requirements that the offender's computer activities be monitored by a probation officer or that the offender's computer have filtering software installed to prevent access to certain types of content. This paper considers whether such orders are legally and practically justifiable as appropriate judicial punishments.

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