interstate commerce it with the purpose of criminal sexual activity there is no dispute that he used the computer computers and the internet to commit this crime what is in dispute is whether the conditions imposed as a result of the crime in the manner of your honor these cases need to be decided on the basis of the stress of the facts before it in exercising the trial court's discretion the trial court was required to look at all the statutory factors including the history of the defendant the nature of the crime internet if you have a prior approval of his probation officer here now your honor that goes to the rest of the conditions that goes to the indirect for direct contact with a certain electronic communication devices if you read the last sentence of the condition ten it's an outright ban on internet use moreover and on the first the first sentence it would seem that the  except were explicitly allowed by your probation officer and with the approval of of and under the supervision by a supervisor is a requirement of employment he would seem to me the way i would read that normal reading is that that modifies everything set up above so that you can have a computer that communicates to be a modem and you can have a computer that communicates through a dedicated connection i'd interpret it that there can't wipe out everything said right before that so that must mean like something separate like maybe your home or on your own  use the internet at work under supervision but you can't have an internet connection at home what's the beef or what's the problem what it is then the condition is still too broad i think if you can read that condition somehow to mean that you're allowed to use phrase direct and indirect contact is left completely under find any lawyer reading this language knows that direct and indirect contact is the kind of language you use when you want to be as far reaching as possible on meaning of this language however even that would be too much of a restriction on his liberty interest he would virtually prohibited from working with people who are using the internet he couldn't look at a report that somebody else it generated well you could do that with the approval goals we don't want him to have unlimited access we don't want him to be going to chat rooms and getting into trouble but we do want him to be able to conduct a normal life hold employment and get what information he needs from the internet the courts could impose a violated the conditions so there are much less restrictive ways of doing this because there are less restrictive waves the court violated its discretion in imposing this particular way and i would like to just finish up with religion because i don't within the court's discretion thank you the court noted that the first component of condition number ten sets forth the equipment that the defendant is not to have any access for contacts direct or indirect witnesses and then also indicates however because this is not an absolute ban there are mechanisms by which the defendant can have such access either through the supervising capacity of an employer or the probation officer or both  internet but the purse portion of condition ten your honor refers to as i said the equipment that you cannot have it would include computers and all devices rather than specifying a certain kind of computer it certainly could simply things like games and blackberries anything i have communication that's correct that's correct unless you have the prior but you've had that discussion with either an employer or your probation officer and then i probation officer and your supervisor that you can't go on the internet because that would be rational no i don't think so i did the so either but it's but here's how it worked last question made me yes i'm concerned whether recognize that you can't get to the internet at all in the absence of having accessed and used the equipment that is described in the first component of condition ten and that is not an absolute ban so the last sentence is merely a clarification of an implementation in other words you can't just go on the internet without obviously first having a computer monitor c p u and perhaps some other d been mentioned like a palm pilot etc i frankly i'm not familiar with blackberries myself but the point is that the internet going to the internet is an implementation something you do after you have already sat down in front of the equipment and started to use it and so if you have that permission of either an employer to not either of the employer if that's what the issue is or the probation officer and you need to access the internet for specific charm and everybody knows about that then that might might work if i mean that's one way to read this as in this case has around and the difference the difference i think with the the internet provided that the telephone is not quite the same and neither is the male is he was able to completely disguise his identity in a way he never would've been on the phone for example he's a forty year old man now it's late thirty's at the time of the events he could not have picked up a telephone and said and had the constant communication with the fourteen year old different well i think what's what has to happen here when you have someone of his age and manipulative skills and that kind of language person who clearly has a profound sexual interest in getting a hold of a child he is truly a predator and if there's going to be rehabilitation if there's going to preach be if you're going to be able to protect other minor from the same kind of scenario occurring the government has to the probation office has to put as many restrictions as possible indeed a short leash without making an we are going to restrict you from the internet access to protect yourself and to protect other potential i think they've got to do it clearly which is clearly  use the internet could he do so if he had permission from its probation after or would he have to go back to court to get this modified your honor i think it would have to i think it can be done by the probation officer and with the approval of an answer under supervision and tack it on a second time if the court would remain to clarify condition ten that would be my recommendation to the district court and the state again but but and just for that limited purpose saying there is no plane error with respect to the other conditions again they are more than reasonably related