this post was submitted on 13 Jun 2023
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“This is the most extreme type of monitoring that I’ve seen,” says Pilar Weiss, founder of the National Bail Fund Network, a network of over 90 community bail and bond funds across the United States. “It’s part of a disturbing trend where deep surveillance and social control applications are used pretrial with little oversight.”

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[–] MyFeetOwnMySoul@lemmy.ca 2 points 1 year ago* (last edited 1 year ago) (5 children)

Except for the "instantaneous" and "Lightspeed" observations, which I think are the real key here. Also, commiting a book crime would require conscious cooperation and coordination with another person/people (the publisher), whereas internet crimes can be done completely solo.

I think a more sensible comparison could be made between computers and telephones or telegraphs

[–] nodester@partizle.com 1 points 1 year ago (4 children)

It’s more efficient, certainly. But telling someone pretrial in 2023 they can’t use a computer isn’t realistic.

[–] MyFeetOwnMySoul@lemmy.ca 1 points 1 year ago (3 children)

In large part I agree, however, it leaves a problem unsolved.

In the case of cp possession/production, how do you effectively sanitize a person's internet traffic?

I think providing devices that only connect to state DNS servers, and only serve approved content could be one way. But it also raises privacy concerns.

[–] nodester@partizle.com 1 points 1 year ago

Part of the premise of the criminal justice system is supposed to be that the system is designed to occasionally fail to punish the guilty if it protects the innocent. That's often expressed as, "it's better to let 10 guilty men go free than 1 innocent man go to prison."

You might just have to accept that you can't always be completely sure that someone's internet usage is sanitized. Could they reoffend awaiting trial? Possibly. Same as letting an alleged mugger walk the streets until trial or an alleged rapist be around women. Innocent until proven guilty means that, as it stands right now until a verdict otherwise is returned, an innocent man and his family are having their right to use a very basic feature of modern existence, the internet, infringed upon.

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