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Looking at issues in federal computer crime defense, P.1

The Internet can be a force for good, but like anything good, it can also be a medium for criminal activity. For the FBI, keeping up with constant changes in technology and the way it is used to advance criminal activity is a real challenge. On its website, the FBI lists several key priorities under the heading of cyber crime: computer and network intrusions; identity theft; and fraud.

In any investigation involving allegations of cybercrime, it is important for defendants to work closely with a criminal defense attorney who has experienced handling federal cases and specifically cases involving allegations of cyber crime. There are multiple reasons for this, but we’ll focus on several of them in this and our next post. 

First of all, there are a variety of federal crimes governing computer crime, including the Computer Fraud and Abuse Act, the Wiretap Act, and various other statutes targeting network crimes. Navigating these various laws and associated case law is not necessarily an easy matter, but it critical in order to help a defendant build the strongest possible case. In any criminal case, of course, it is critical for a defendant to take advantage of any legal protections and to hold prosecutors to their full burden of proof.

Sentencing is another important issue when it comes to federal cases. The rules for calculating sentencing ranges can be complex, depending on the case, and it is import to have a knowledgeable advocate throughout the process.

In our next post, we’ll continue speaking about the issue of cyber crime and the importance of having a strong advocate when facing changes in this area.

Source:

Office of Legal Education Executive Office for United States Attorneys, “Prosecuting Computer Crimes,” Accessed Nov. 18, 2015. 

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