Federal Internet Crimes
Federal internet-crime prosecutions cover a range of offenses: computer fraud and abuse (18 U.S.C. section 1030), online identity theft, wire fraud conducted through electronic means, child exploitation material, and online solicitation. What makes them federal is the use of interstate communications networks, which means virtually any offense committed online can be charged federally.
Computer fraud and abuse
The Computer Fraud and Abuse Act (CFAA) criminalizes unauthorized access to protected computers and computer systems. “Protected computer” includes any computer connected to the internet. Penalties depend on the subsection charged: simple unauthorized access is up to one year; access with intent to defraud is up to five years; access causing damage to a computer is up to ten years; and if the offense results in serious bodily injury, up to twenty years.
Investigation
Federal internet-crime investigations rely heavily on digital forensics: IP address tracing, device seizure and examination, server logs, metadata analysis, and cooperation from internet service providers and social media platforms. Search warrants for electronic devices and cloud accounts are standard. The FBI’s Cyber Division and the Secret Service’s Electronic Crimes Task Force are the primary investigators.
The defense challenges the forensic methodology: chain of custody for devices, the reliability of IP address attribution, whether multiple users had access to the device or account, and whether the government’s forensic tools operated correctly.
Talk to us
713-224-1747.
If you have been convicted and need an appeal, email us at [email protected].