ELearning has been touted as the way in which universities can enable participation by large numbers of students from non-traditional cohorts. There is no doubt that the flexibility of access that eLearning allows makes study accessible for a number of cohorts, including those engaged in full-time work or caring duties. However, cohorts such as incarcerated students and other students without Internet access, are sitting on the wrong side of the digital divide and are increasingly marginalised by the very technology anticipated to overcome their exclusion from study. This paper examines the fundamental issues of equity involved with eLearning, and particularly for incarcerated students. The very issue of access to the Internet is fraught with rates of access varying widely between different sectors of society. This discussion prompts higher education providers to think beyond business-as-usual when speaking of increasing participation in higher education.