Internet crimes such as cyberstalking, pornography, identity theft, fraud, hacking, skimming and more are becoming more widespread. Learn about internet crimes and how prosecutors and defendants are thinking about this divisive topic.
Internet crime is fairly new, but it’s been increasing exponentially during the past 10–15 years. Just about everyone is worried about security online and what can be done to curb internet crime. From identity theft, fraud, pornography, hacking, skimming, cyberstalking, and so much more, internet crime is gaining momentum in our society. It’s important to be aware of what’s going on and be part of the solution to stop internet crime from continuing to become more widespread. It’s also essential that those who have been charged with an internet crime be considered innocent until proven guilty, especially since technology is constantly becoming more complex.
What will prosecutors do?
According to this article, when a crime has been committed via the internet, prosecutors focus on 5 factors:
- How was the computer used? What crime was allegedly committed?
- When was the computer used? Is there a statute of limitations issue?
- Where was the computer located? Does the court have jurisdiction there?
- Who exactly used the computer? Can the person’s identity be definitively proven?
- Was the search and seizure of the computer conducted in a lawful manner?
- Which state or federal law(s) was broken?
Which laws relate to internet crimes?
There are many state and federal laws that relate to internet crimes, but the principle one is called 18 USC 1030 or the “Computer Fraud and Abuse Act of 1996,” which was modified by Congress in 2001. This law categorizes internet crimes into six felony offenses and five misdemeanors. It has many different sections that apply to various internet crimes such as hacking into a protected computer, accessing national security information without authorization, and computer fraud. A charge will often be a misdemeanor if the amount of money involved is less than $5,000, and a felony if it exceeds that amount.
The laws 18 USC 2261A and 47 USC 223 make cyberstalking a federal crime, punishable by up to five years in prison and a fine of up to $250,000. The problem is that there isn’t a universally accepted definition of cyberstalking, so there is a lot of gray area in terms of enforcing cyberstalking laws.
The Hacker’s Defense
One enormous potential escape for those who are being charged with internet crimes is called The Trojan Horse Defense. The reasoning behind it is that it could be argued that while prosecutors trace a hack to one specific computer, it’s possible that that person’s computer had been previously hacked. In that case, it’s possible that the person who owned the computer wasn’t who attacked another computer or network. Trojan programs and spyware easily could be to blame for certain attacks, showing that the personal who allegedly committed the crime is not guilty. This defense often works when the defendant demonstrates that he or she isn’t very tech-savvy and would have no ability to figure out how to hack into a complex computer system. Prosecutors have found that it’s pretty easy to put the blame for an attack on a certain computer; however, proving that a certain person was manipulating that computer for an attack is much more difficult.
Charged with an Internet Crime?
If you’re being charged with an internet crime in Southern California, get in touch with criminal law expert attorney Dan Chambers immediately. Time is of the essence and in order to prove your innocence or acquire the least harsh penalty possible, you need someone who will represent you with tenacity, drive, and compassion. Call 714-760-4088 or email dchambers@clfca.com to get started now.
