New York Federal Cybercrime Lawyer
With the mainstreaming of the internet in the 1990’s and its global spread in the 2000’s, the world became a much smaller place. The ability to communicate, do business, and share information became as simple as knowing which buttons to press on a keyboard.
As the online world grew, the federal government reacted by passing a wide assortment of laws that control how people can use computers while on the internet.
Many of these laws contain criminal penalties for those convicted of cybercrimes. New York federal cybercrime lawyers are experienced in defending those accused of all forms of cybercrimes in US District Courts. Contact our criminal defense firm today to discuss your unique case with a seasoned federal criminal defense attorney.
Defining a Cybercrime
When dealing with the spread of cybercrimes, the US. Government chose to amend many of the existing laws that control how people could use technology that allowed interpersonal communication. As a result, laws governing the use of telephones, telegraphs, and fax machines were widened to include the use of computers.
One clear example of this is 18 US.C. §2511, the prohibition on intercepting wire communications. This statute explains how it is illegal to intentionally intercept, or to attempt to intercept, any wire, oral, or electronic communication. This statute would have evolved from an older version in that it also criminalizes the interception of telephone calls and telegraph messages.
As a New York Federal cybercrimes attorney could further explain, it is also illegal to accept any communications when the receiver knows that the law has been violated in obtaining the information. In paragraph four, any person convicted under this statute can be sent to jail for no more than five years, and face fines.
What is Illegal Access to Stored Communications?
Another example of a cybercrime is the illegal access to stored communications. This can often be accomplished through the use of a computer. States that any unauthorized person who intentionally accesses any facility through which electronic communication is provided is guilty. If this access was made for a commercial purpose, such as to steal money or to affect stocks, the maximum penalty is five years in prison for a first offense. However, if the access was made for any other purpose, the maximum penalty is reduced to one year in jail. If someone has further questions about cybercrime and accessing stored communications, they should speak to a New York federal attorney today.
How Does the Government Conduct an Investigation?
Most alleged crimes concerning computers are complex matters. Even when a computer is connected to the internet, people have a right to privacy concerning their search history and actions. While a user’s internet service provider, or ISP, can track their activities, the government requires a warrant in order to access those records.
The same can be said for any surveillance conducted on a suspect. The use of tools such as wiretaps, recording devices, or tracking bugs all need a court’s approval before they can be used. Whether or not this approval was properly obtained is a core question in many cybercrime cases. New York federal cybercrime attorneys are familiar with these privacy and evidentiary questions.
Responding to Cybercrime Charges
The steps a person takes in the aftermath of an arrest are important. In many ways, they can strengthen or weaken the chances of a favorable outcome. The first step anyone in this situation should take is hiring a New York federal cybercrime attorney, as the right legal counsel can provide invaluable insight and support after an arrest.
Next, there are things that are vital to avoid. It is natural to want to proclaim innocence after being accused of wrongdoing; the best option is to avoid saying anything at all while the case is pending. This is because anything a defendant says—to police or even on social media—could ultimately be held against them at their trial. Fighting these charges will only get more difficult when the accused talks about the facts of the case.
Defenses Against Cybercrime Charges
Being arrested under suspicion of a cybercrime can be daunting, especially for someone who is not technologically inclined. Even when the nature of these allegations are hard to understand, an attorney can help develop a strong defense in a New York cybercrimes case.
Lack of Intent
Most cybercrimes involve some element of intent. The state has to show beyond a reasonable doubt that the accused not only committed the act in question, but they intended to do so. This can be a high burden for the government given that many actions taken using computers can be involuntary, like when malware takes over a device.
Consent
There are some cybercrimes that involve unlawfully accessing documents, devices, or networks. A straightforward defense involves proving that the accused had the consent of the owner or operator to do so. Of course, there can be disputes over whether or not that person went beyond the level of approval they had at the time.
Lack of Evidence
At the end of the day, it is the obligation of the government to prove their case beyond a reasonable doubt. The strongest possible defense strategy often involves highlighting the state’s failure to do that. If the evidence for conviction is weak, it may make more sense to attack the state’s case than attempt to provide alternative theories or suspects.
Violation of Constitutional Rights
One of the strongest possible strategies involves invoking the constitutional rights of the accused. Most prosecutions use digital evidence seized from services, computers, or other devices. However, an attorney may be able to prevent it from being used at trial if the authorities seized it unlawfully.
In general, law enforcement will either need permission or a warrant from a judge to search a person’s home, vehicle, or devices. Evidence found through an illegal search could be excluded at trial. This is often enough to force the government to dismiss the cybercrime charges.
Duress
Duress is an affirmative defense, which means the accused will need to prove certain facts in court in order for it to be successful. This approach means admitting to all of the elements of a specific cybercrime in New York City, but claiming that another person used force or threats to make the accused commit the offense. Proving duress can be difficult, but it does serve as a viable defense strategy under the right circumstances.
Speak To a New York Federal Cybercrime Attorney Today
The statutes and investigatory methods used to pursue cybercrime charges are fairly new in US law. Even though a person’s activities are undertaken in a public forum, the internet, they still have the right to privacy.
Federal agents will often employ their own cyber attacks in an attempt to investigate and punish alleged acts of cybercrime. New York federal cybercrime lawyers are familiar with these techniques and the ways that agents can abuse their power. Attorneys work to bring these abuses to the court’s attention to protect the rights of the accused. Contact our firm today to learn more.