*1 Before: GOODWIN, KLEINFELD, and SILVERMAN, Circuit Judges.
Appellant David Dovilek, convicted of possession of child pornography, argues that the district court abused its discretion when it modified the conditions of his supervised release to permit computer use but with a requirement for keystroke monitoring. We disagree.
-2-
We recognize that keystroke monitoring is more intrusive than mere Internet
monitoring and not appropriate in every case.
See United States v. Quinzon
, 643
F.3d 1266, 1273 (9th Cir. 2011). However, Dolivek’s illicit computer use involved
more than just online activities. He ran a commercial child pornography
distribution business. In addition, he created his own child pornography
videotapes. A former web designer, Dolivek is a sophisticated computer user who
had the knowledge, software, and experience to avoid detection of more criminal
misuse of his computer, if keystroke monitoring was not imposed. Because
keystroke computer monitoring is reasonably related to the specific circumstances
of Dolivek’s offense and individual characteristics, and the need to protect the
public, the district court did not abuse its discretion.
See United States v. Rearden
,
AFFIRMED.
Notes
[*] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.