Federal Computer Crimes Defense Lawyers
Legal Defense Against Federal Online Computer Crimes
Recently, computer crimes and related federal investigations have seen a significant rise in frequency. Sometimes a computer is the target of the offense in which case the goal is to steal information from, or cause damage to, a computer, computer system, or computer network.
However, in other cases the internet may be used as a tool of the offense. In this instance an individual uses a computer to facilitate some traditional offense such as fraud. Even still, computers may sometimes simply be incidental to the offense but nonetheless significant to law enforcement because they contain particular evidence of a crime.
Internet Sex Crimes
A cyber crime is a broad category, covering everything from internet sex crimes to white collar crimes. For example, Child pornography is often alleged to take place online, as well as solicitation of a minor in chat rooms or by instant messaging. Sex crimes will typically carry serious prison time and mandatory sex offender registration.
Sex crimes is just one type of a federal computer crime offense. The online community is home to a number of fraudulent schemes, like fraud and spam and “cloud computing.” The government doesn’t always need need a search warrant to find evidence to build a case against you – they only need to look online.
If you or your loved one has been accused of a computer related crime it is important that you seek the advice of a knowledgeable attorney at Eisner Gorin LLP. We have decades of experience in helping individuals who are under investigation by the police or have been arrested for computer crimes.
Our federal criminal defense lawyers are available to defend you in both state and federal courtrooms. As former Los Angeles prosecutors, we know what evidence to look for to establish problems of proof for the government.
Types of Federal Computer Offenses We Handle
We work closely with our clients to build a successful defense for computer crimes. Such defenses include seeking suppression of illegal evidence, entrapment, and disputing access to and possession of the relevant I.P. address and computer.
Frequently prosecuted federal Computer Crimes include the following:
- 18 U.S.C § 1028: Federal Crime of Identity Theft.
- 18 U.S.C. § 1029: Fraud and Related Activity in Connection with Access Devices.
- 18 U.S.C. § 1030: Fraud and Related Activity in Connection with Computers.
- 18 U.S.C. § 1362: Communication Lines, Stations, or Systems.
- 18 U.S.C. § 2511: Interception and Disclosure of Wire, Oral, or Electronic Communications Prohibited.
- 18 U.S.C. § 2701: Unlawful Access to Stored Communications.
- 18 U.S.C. § 2702: Disclosure of Contents.
- 18 U.S.C. § 2703: Requirements for Governmental Access.
Federal Computer Crime Laws
United States Code Section 1029(a) provides criminal sanctions for anyone who knowingly with intent to defraud produces or traffics in counterfeit access devices or obtains anything of value aggregating $1,000 or more. The conduct prohibited in Section 1029(a) is with regards specifically to access devices used most generally to commit acts of fraud.
United States Code Section 1030(a) provides sanctions for actions pertaining more so to government information. It provides punishment for anyone who knowingly accesses a computer without authorization and obtains classified information with the intent to believe that information is to be used to the injury of the United States, or foreign nation.
Computer crimes are considered both property and privacy offenses. The government will not hesitate to prosecute you for computer crimes and any unlawful access that it can prove against you.
Computer Fraud and Abuse Act
The primary law that federal prosecutors use for federal computer crimes is the Computer Fraud and Abuse Act (CFAA). It was signed into law in 1986 and amended several times to keep pace with advances in technology and cyber crimes. Most federal computer hacking offenses are pursued under 18 U.S.C. § 1030 which covers a wide variety of illegal computer crimes. This statute makes it a federal crime to access a protected computer without consent with intent to cause harm or commit a fraud crime.
This law makes it illegal to distribute or release computer code intended to cause damage or economic loss. Under the CFAA, you can face prosecution for knowingly or recklessly launching a virus into computers used for interstate commerce. if convicted of violating the CFAA , you could face up to 20 years in a federal prison and a fine of up to $250,000.
The Electronic Communications Privacy Act and the Identity Theft Enforcement and Restitution Act of 2008 are also often used for the prosecution of federal computer crimes.
Nationwide Federal Criminal Defense Attorneys
The consequences of a computer crime conviction can be severe. Thus, it is important if you are accused of unlawful access or any other computer related crime that you retain the legal services of an experienced federal criminal defense attorney who knows how to successfully fight such crime charges.
A person who is convicted of violating computer privacy and access laws may be punished with a substantial jail sentence and large fines.
We can help you to aggressively fight your case and avoid the consequences of a federal computer offense on your record! If you have been charged with a federal criminal offense, contact our legal team so we can evaluate your case issues and advise you of your legal options before you go to court.