Memorandum


Subject:  Special Condition regarding Computer Use

Date:     November 25, 1996

To:       Edward F. Reilly, Jr. 
          Chairman, U.S. Parole Commission 

From:     Peter B. Hoffmann
          Staff Director, U.S. Parole Commission

          Sam Shoquist
          Executive Hearing Examiner, U.S. Parole Commission


The following addition to the Procedures Manual is recommended concerning the 
addition of special condition(s) relative to computer use.

"2.40-22. If the circumstances warrant, the Commission may impose a condition 
restricting a parolee's possession and use of certain computer equipment. For 
example, if the Commission believes there exists a significant risk that a 
parolee may use an 'online computer service' to engage in criminal activity or 
to associate with individuals who are likely to encourage the parolee to engage 
in criminal activity, it may impose a condition restricting the parolee from 
possession or use of certain compute's equipment. The particular form of the 
computer-related condition will depend upon individual case circumstances. Given 
that computers are used for numerous legitimate purposes, the least restrictive 
condition appropriate (consistent with the need for the restriction and the need 
to monitor the parolee's compliance with the restriction) shall be used.

An example of a condition restricting the parolee from possession or use of a 
computer with access to an "on-line" computer service is set forth below:

	"You shall not possess or use a computer with access to any 'on-line 
	computer service' at any location (including employment) without the 
	prior written approval of the U.S. Parole Commission. This includes any 
	Internet service provider, bulletin board system, or any other public or 
	private computer network. Any approval by the Commission shall be subject 
	to any conditions set by the Commission with respect to that approval.

	In addition, you shall not possess or use any data encryption technique 
	or program.

	In addition, you shall (i) consent to your probation officer and or 
	probation service representative conducting periodic unannounced 
	examinations of your computer(s) equipment which may include retrieval 
	and copying of all memory from hardware/software to ensure compliance 
	with this condition and/or removal of such equipment for the purpose 
	of conduding a more thorough inspection; and (ii) consent at the 
	direction of your probation officer to having installed on your 
	computer(s), at your expense, any hardware or software systems to 
	monitor your computer use."

Additional, supplementary computer-related conditions may be imposed, where 
warranted, on a case-by-case basis. Examples of such conditions are set forth 
below:

	"You shall refrain from accessing via computer any "material" that 
	relates to the activity in which you were engaged in committing the 
	instant offense or parole or probation violation behavior, namely 
	________________________."

	"You shall maintain a daily log of all addresses you access via any 
	personal computer (or other computer used by you), other than for 
	authorized employment, and make this log available to your probation 
	officer."

	"You shall provide all personal/business phone records to your probation 
	officer upon request. Further, you shall provide your probation officer 
	written authorization to request a record of all your outgoing or incoming 
	phone calls from any phone service provider."

	"You shall not possess or use a computer that contains an internal modem 
	and or possess an external modem without the prior written consent of 
	the Parole Commission."

	"You shall not possess or use any computer; except that you may, with 
	the prior approval of your probation officer, use a computer in 
	connection with authorized employment."

	"You shall consent to third party disclosure to any employer or potential 
	employer, concerning any computer-related restrictions that are imposed 
	upon you."