Bicycle Thief Barred From Using Encryption

An anonymous reader writes "A teenager found in possession of a stolen bicycle was given probation, with a whole bunch of computer-related restrictions. He wasn't allowed to use social networks or instant messaging. He wasn't allowed to use a computer that had 'encryption, hacking, cracking, scanning, keystroke monitoring, security testing, steganography, Trojan or virus software.' The kid appealed, noting that the restrictions on social networking seemed overly broad, and restricting him from using a computer with a virus was difficult since viruses and trojans and the like tend to try to stay hidden, so he might not know. While the court overturned the restrictions on social networking, and changed the terms of computer restrictions to include the word 'knowingly,' it did keep the restriction on against using any computer with encryption software. Remember, this isn't someone convicted of malicious computer crimes, but of receiving a stolen bicycle. So why is perfectly reasonable encryption software not allowed? And what computer these days doesn't have encryption software?"

Comments

Motorcycle

[Geoffrey.landis]

While I detest the whole idea of this, I do think that somebody should edit the original post to mention he was in posession of a stolen motorcycle, not bicycle. Although motorcycles are similar to bicycles-- they both have two wheels--there is a difference.

Violated Probation

[fliptw]

He violated his probation - which means the court can throw whatever books it wants at him.

The judge could just revoke his parole...

[moronikos]

...and allow him to finish the rest of his sentence in jail or prison. If he's on probation that means he was convicted of the crime and therefore bail is not involved at all. If not being allowed to use a computer is cruel and unusual punishment, then my whole childhood was cruel and unusual. I guess he'll just have to learn to read books, talk to people, play board games, and play sports.

Re:need more input

[shadowfaxcrx]

San Diego County, California. The kid said he bought the motorcycle from a guy named "Skye" for a few hundred bucks. Nothing in the court record shows anything about using a computer to arrange the sale, so I don't see why they would impose all the draconian restrictions on him other than an attempt at a legal-system version of "You're grounded, kid."

http://www.techdirt.com/articles/20101020/04513511498/court-rejects-probation-rules-on-teen-that-ban-him-from-using-social-networks-or-instant-messaging-programs.shtml

Scroll down - you can see the appellate court decision at the bottom.