Cybercrime and Internet Offense Defense: Protecting Your Digital Rights

Cybercrime charges represent one of the fastest-growing areas of criminal prosecution, with law enforcement agencies dedicating vast resources to internet-based investigations. These cases often involve complex technology, digital evidence, and federal agencies with sophisticated tools. Internet crime defense requires specialized knowledge of both criminal law and computer technology. As experienced cybercrime defense attorneys, we understand the unique challenges these cases present and how to challenge digital evidence that may seem overwhelming.

Understanding Cybercrime Laws

Federal Computer Crime Statutes

Computer Fraud and Abuse Act (CFAA) – 18 USC 1030:

Prohibited Activities:

Unauthorized computer access
Obtaining information through unauthorized access
Damaging protected computers
Trafficking in computer passwords
Threatening to damage computers

Protected Computer Definition:

Government computers
Financial institution computers
Interstate commerce computers
Foreign commerce computers

Penalties:

First offense: Up to 10 years prison
Repeat offenses: Up to 20 years
Conspiracy charges possible
Civil liability exposure

California Cybercrime Laws

Penal Code 502 – Computer Crimes:

Unauthorized Access:

Knowingly accessing computer systems
Altering, damaging, or destroying data
Disrupting computer services
Introducing malicious software

Enhanced Penalties:

Monetary damage amount
Prior conviction history
Critical infrastructure targeting
Multiple victim impacts

Common Internet Crimes

Hacking and Unauthorized Access

Computer intrusion charges:

Network Penetration:

Breaking into computer systems
Bypassing security measures
Exploiting software vulnerabilities
Accessing restricted networks

Data Theft:

Stealing personal information
Credit card and financial data
Trade secrets and proprietary information
Government classified materials

Common Defenses:

Authorized access claims
Security research exceptions
Lack of intent to cause damage
Constitutional search violations

Identity Theft and Fraud

Online financial crimes:

Identity Theft (PC 530.5):

Using another’s personal information
Credit applications and accounts
Online purchase fraud
Social Security number misuse

Credit Card Fraud:

Unauthorized card use
Card skimming operations
Online purchase schemes
Account takeover fraud

Wire Fraud (18 USC 1343):

Interstate electronic communications
Scheme to defraud
Material misrepresentations
Intent to obtain money or property

Child Exploitation Crimes

Internet-based child offenses:

Child Pornography (18 USC 2252):

Possession of illegal images
Distribution through internet
Production and manufacturing
Transportation across state lines

Online Solicitation:

Communicating with minors for sexual purposes
Attempting to meet minors
Sending sexually explicit materials
Grooming behavior patterns

Defenses:

Lack of knowledge of content
Age verification attempts
Entrapment by law enforcement
Constitutional privacy violations

Cyberbullying and Harassment

Online harassment charges:

Cyberstalking (18 USC 2261A):

Using internet to stalk or harass
Causing substantial emotional distress
Placing person in reasonable fear
Interstate communication elements

Revenge Porn (PC 647(j)(4)):

Non-consensual intimate image sharing
Intent to harass or annoy
Causing emotional distress
Social media distribution

Threats and Intimidation:

Online death threats
Terrorist threat communications
Extortion through internet
Witness intimidation

Digital Evidence Challenges

Search and Seizure Issues

Fourth Amendment protections:

Computer Search Warrants:

Probable cause requirements
Scope limitation necessities
Plain view doctrine applications
Privacy expectation standards

Cloud Storage Searches:

Third-party doctrine applications
Warrant requirement compliance
International jurisdiction issues
Service provider cooperation

Cell Phone Searches:

Riley v. California protections
Warrant requirement mandates
Incident to arrest limitations
Remote data access issues

Digital Forensics Challenges

Technical evidence disputes:

Chain of Custody:

Evidence handling procedures
Digital integrity preservation
Forensic imaging protocols
Analysis documentation

Metadata Analysis:

File creation timestamps
Modification history
User attribution evidence
System log interpretation

Expert Testimony:

Computer forensics specialists
Technical explanation needs
Methodology challenges
Alternative theory presentation

Encryption and Privacy

Technology protection challenges:

Encryption Evidence:

Password protection issues
Decryption order compliance
Fifth Amendment protections
Technical feasibility questions

Anonymous Networks:

Tor and VPN usage
IP address attribution
User identification challenges
Technical anonymization methods

Internet Crime Investigation Process

Federal Agency Involvement

Multi-agency task forces:

FBI Cyber Crime Units:

Sophisticated investigation tools
International cooperation
Undercover operations
Technical surveillance capabilities

Secret Service:

Financial crime focus
Credit card fraud investigations
Identity theft prosecutions
Electronic crime task forces

Homeland Security:

Child exploitation investigations
Immigration-related cyber crimes
Critical infrastructure protection
International coordination

Digital Evidence Collection

Investigation techniques:

Network Monitoring:

Traffic analysis and interception
Real-time surveillance
Communication monitoring
Metadata collection

Device Seizure:

Computer and phone confiscation
Server farm raids
Cloud account access
Social media preservation

Undercover Operations:

Online identity assumption
Sting operation coordination
Chatroom infiltration
Social engineering tactics

Cybercrime Defense Strategies

Technical Defenses

Technology-based challenges:

Attribution Challenges:

Multiple user access
Shared computer usage
Wireless network penetration
IP address spoofing

Malware and Viruses:

Unauthorized computer control
Trojan horse infections
Botnet participation
Remote access tools

System Vulnerabilities:

Security flaw exploitation
Default password usage
Unpatched software
Configuration errors

Constitutional Challenges

Digital rights protection:

Privacy Rights:

Reasonable expectation of privacy
Third-party doctrine limits
International law enforcement
Cross-border data access

Due Process Violations:

Vague cybercrime statutes
Prosecutorial overreach
Excessive punishment
Fair notice requirements

First Amendment Issues:

Free speech protections
Anonymous communication rights
Political expression
Artistic and literary expression

Entrapment Defenses

Law enforcement overreach:

Government Inducement:

Online sting operations
Undercover agent provocations
Manufactured crime scenarios
Predisposition evidence

Outrageous Government Conduct:

Excessive investigation methods
Constitutional violation patterns
Disproportionate responses
Ethical boundary violations

Specialized Cybercrime Areas

Cryptocurrency Crimes

Digital currency offenses:

Money Laundering:

Cryptocurrency exchange usage
Mixing service utilization
Anonymous transaction facilitation
Traditional currency conversion

Tax Evasion:

Unreported cryptocurrency gains
Hidden transaction records
International exchange usage
Capital gains violations

Fraud Schemes:

ICO and token fraud
Ponzi scheme operations
Investment scam coordination
Market manipulation

Dark Web Activities

Hidden internet crimes:

Marketplace Operations:

Illegal goods sales
Drug trafficking coordination
Weapons sales facilitation
Stolen data markets

Anonymous Services:

Money laundering services
Document forgery operations
Hacking service provision
Identity theft facilitation

Investigation Challenges:

User anonymization
Jurisdiction complications
Evidence attribution
International cooperation

Social Media Crimes

Platform-based offenses:

Fraud and Scams:

Romance scam operations
Investment fraud schemes
Identity theft through profiles
Fake business promotions

Harassment and Threats:

Cyberbullying campaigns
Doxxing and personal information release
Swatting and false emergency reports
Coordinated harassment

Corporate Cybercrime

Business-related offenses:

Trade Secret Theft:

Corporate espionage
Employee data theft
Competitor information stealing
International economic espionage

Insider Trading:

Non-public information use
Corporate database access
Financial market manipulation
SEC violation coordination

Penalties and Consequences

Federal Sentencing

Cybercrime penalty structure:

CFAA Penalties:

First offense: Up to 10 years
Repeat offenses: Up to 20 years
Conspiracy charges: Equal penalties
Restitution requirements

Sentencing Guidelines:

Loss amount calculations
Victim impact considerations
Sophisticated means enhancements
Leadership role adjustments

State Penalties

California cybercrime sentences:

PC 502 Violations:

Misdemeanor: Up to 1 year jail
Felony: 16 months to 3 years prison
Damage amount enhancements
Multiple conviction penalties

Civil Consequences

Beyond criminal penalties:

Civil Liability:

Victim damage lawsuits
Class action participation
Restitution obligations
Asset forfeiture proceedings

Professional Consequences:

Employment termination
Security clearance loss
Professional license impact
Industry blacklisting

International Cybercrime Issues

Cross-Border Prosecutions

International law enforcement:

Extradition Risks:

International warrant issuance
Treaty obligation compliance
Dual criminality requirements
Political offense exceptions

Mutual Legal Assistance:

Evidence sharing agreements
International cooperation
Jurisdiction coordination
Diplomatic negotiations

Jurisdiction Challenges

Multi-national crime scenes:

Choice of Venue:

Multiple jurisdiction options
Forum shopping prevention
Convenience factors
Local law advantages

Conflicting Laws:

Different national standards
Privacy law variations
Constitutional protections
Procedural differences

Corporate Cybersecurity Defense

Employee Cybercrime

Workplace-related offenses:

Insider Threats:

Employee data theft
System sabotage
Corporate espionage
Unauthorized access

BYOD Policy Violations:

Personal device usage
Security protocol breaches
Data protection failures
Remote access issues

Compliance and Prevention

Corporate responsibility:

Regulatory Compliance:

Industry standard adherence
Data protection requirements
Breach notification obligations
Security audit compliance

Employee Training:

Cybersecurity awareness
Policy compliance training
Incident reporting procedures
Legal obligation education

Why Choose Our Cybercrime Defense Team

Technical Expertise

Technology and law integration:

Computer Science Knowledge:

Technical system understanding
Digital forensics familiarity
Network security concepts
Encryption technology

Expert Witness Network:

Computer forensics specialists
Cybersecurity professionals
Technology industry experts
Academic researchers

Federal Court Experience

Complex federal prosecution defense:

Federal Procedure Mastery:

CFAA defense experience
Federal sentencing guidelines
International coordination
Appeal and post-conviction relief

Agency Relationship:

FBI task force familiarity
Secret Service coordination
Homeland Security cooperation
International law enforcement