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        <title><![CDATA[Computer Crimes - David Lindsey, Attorney at Law]]></title>
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        <description><![CDATA[David Lindsey's Website]]></description>
        <lastBuildDate>Thu, 19 Mar 2026 20:19:01 GMT</lastBuildDate>
        
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            <item>
                <title><![CDATA[What are the Four Types of Computer Crimes?]]></title>
                <link>https://www.mdavidlindsey.com/blog/what-are-the-four-types-of-computer-crimes/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/what-are-the-four-types-of-computer-crimes/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Fri, 02 Jun 2023 12:00:35 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
                    <category><![CDATA[Miscellaneous Criminal Defense]]></category>
                
                
                    <category><![CDATA[colorado computer hacking defense attorney]]></category>
                
                    <category><![CDATA[computer crimes attorney]]></category>
                
                    <category><![CDATA[tech crimes]]></category>
                
                    <category><![CDATA[what are the four types of computer crimes]]></category>
                
                
                
                <description><![CDATA[<p>Technology has brought many benefits to our lives, but it has also introduced new dangers that we must be aware of to protect ourselves and our businesses. Every day, we hear about new cases of cyber-attacks and data breaches, which can lead to significant financial losses, reputational damage, and legal problems. What are four computer&hellip;</p>
]]></description>
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<figure class="alignright size-full"><img loading="lazy" decoding="async" width="300" height="200" src="/static/2023/07/7a_136562542.jpg" alt="" class="wp-image-197"/></figure></div>


<p>Technology has brought many benefits to our lives, but it has also introduced new dangers that we must be aware of to protect ourselves and our businesses. Every day, we hear about new cases of cyber-attacks and data breaches, which can lead to significant financial losses, reputational damage, and legal problems. </p>



<p>What are four computer crimes charges you could face?</p>



<h3 class="wp-block-heading" id="h-1-hacking">1. Hacking</h3>



<p>Hacking refers to unauthorized access to a computer system or network. Hackers can exploit vulnerabilities in software and hardware to gain access to sensitive data, such as corporate secrets, financial records, and customer information. Criminals also use hacking to steal identities, install malware, and launch other types of attacks, such as <a href="https://www.cisco.com/c/en/us/products/security/what-is-a-ddos-attack.html" target="_blank" rel="noopener noreferrer">Distributed Denial of Service (DDoS) attacks</a>.</p>



<p>Computer users are encouraged to use strong passwords, update software regularly, and use firewalls and antivirus software to avoid hacking issues.</p>



<h3 class="wp-block-heading" id="h-2-phishing">2. Phishing</h3>



<p>Phishing is a type of social engineering attack where attackers use emails, phone calls, or text messages to trick people into revealing sensitive information, including:</p>



<ul class="wp-block-list">
<li>Passwords</li>



<li>Credit card numbers</li>



<li>Social Security numbers</li>
</ul>



<p>These attacks can also lead to malware infections or credential theft, which can be used to launch other types of attacks.</p>



<p>To prevent phishing, people should be cautious of suspicious emails or messages, verify the identity of the sender, and use two-factor authentication.</p>



<h3 class="wp-block-heading" id="h-3-malware">3. Malware</h3>



<p>Malware is a type of software that is designed to harm a computer system or network. It can take many forms, including:</p>



<ul class="wp-block-list">
<li>Viruses</li>



<li>Trojans</li>



<li>Ransomware</li>



<li>Spyware</li>
</ul>



<p>Criminals use malware to steal data, disrupt operations, extort money, or hijack computer systems.</p>



<p>To prevent malware, you should avoid downloading software from untrusted sources, use antivirus software, and keep your software updated.</p>



<h3 class="wp-block-heading" id="h-4-insider-threats">4. Insider Threats</h3>



<p>Insider threats refer to threats that originate from within an organization, such as employees, contractors, or business partners. They can involve intentional or unintentional actions that lead to data breaches, theft, or other damages.</p>



<p>Insider threats occur due to:</p>



<ul class="wp-block-list">
<li>Negligence</li>



<li>Malicious intent</li>



<li>Lack of training or oversight</li>
</ul>



<p>To prevent insider threats:</p>



<ul class="wp-block-list">
<li>Implement access controls</li>



<li>Enforce security policies</li>



<li>Monitor the behavior of your employees and contractors</li>
</ul>



<p>In conclusion, preventing computer crimes requires a multi-layered approach that involves technology, policies, and education. By understanding the different types of computer crimes, you can better protect yourself and your business.</p>



<p>It’s also important to understand the various types of computer crimes. This ensures you don’t do something accidentally that could result in criminal accusations. Technology is complex and it’s possible to do something you don’t intend to do that results in accusations of a crime. If this happens you need to speak to an attorney immediately.</p>



<p>Computer crime accusations can result in high fines and jail time. No matter your intentions, you need the protection of an experienced criminal attorney to help you. If you’d like to learn more about how a criminal defense attorney can help you if you’re accused of a computer crime or you’d like to speak to someone about your situation, <a href="/contact-us/">contact David Lindsey</a>.</p>
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            <item>
                <title><![CDATA[What’s the First Thing You Should Do If Accused of Possession of Illegal Pornography?]]></title>
                <link>https://www.mdavidlindsey.com/blog/whats-the-first-thing-you-should-do-if-accused-of-possession-of-illegal-pornography/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/whats-the-first-thing-you-should-do-if-accused-of-possession-of-illegal-pornography/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Fri, 02 Dec 2022 12:00:42 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Sex Crimes]]></category>
                
                
                    <category><![CDATA[computer sex crimes]]></category>
                
                    <category><![CDATA[illegal online activity]]></category>
                
                    <category><![CDATA[possession of illegal pornography]]></category>
                
                    <category><![CDATA[revenge porn]]></category>
                
                
                
                <description><![CDATA[<p>Have you been accused of possession of illegal pornography? Here’s what to know. Being accused of possession of illegal pornography is a frightening experience. If you’ve been accused of this crime, you must understand your legal rights and what the best course of action is for your particular situation. You must contact a criminal defense&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <div class="wp-block-image"><figure class="alignright"><img loading="lazy" decoding="async" src="/static/2023/07/13_179795274-possessing.jpg" alt="possession of illegal pornography" width="300" height="200" /></figure></div><p>Have you been accused of possession of illegal pornography? Here’s what to know. </p> <p>Being accused of possession of illegal pornography is a frightening experience. If you’ve been accused of this crime, you must understand your legal rights and what the best course of action is for your particular situation.</p>  <p>You must contact a criminal defense attorney immediately if you’re accused of possession of illegal pornography. An experienced attorney will be able to advise you of your legal rights and help you develop a strong defense against the charges.</p>  <p>In some cases, it may be possible to have the charges dismissed or reduced if the prosecution cannot prove that you knowingly possessed the illegal material. However, you need a strong defense. Even those found guilty have alternatives to incarceration. These include probation or community service. An experienced criminal defense attorney will fight for the best possible outcome in your case.</p>  
<h3 class="wp-block-heading">When is Pornography Illegal?</h3>
  <p>One of the smartest things you can do to avoid accusations that you possess illegal porn is to understand what’s legal and illegal when it comes to this type of content.</p>  <p>Pornography may be illegal if it meets any of the following criteria:</p>  
<h4 class="wp-block-heading">It’s Obscene</h4>
  <p>Obscene material is material “appealing to the prurient interest” that is “patently offensive.”</p>  <p>For the courts to consider something obscene, it must also lack any literary, artistic, political, or scientific value. If convicted of distributing obscene material, an individual could face up to 5 years in prison.</p>  
<h4 class="wp-block-heading">It Involves Children</h4>
  <p>Child pornography is defined as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years old). This includes photographs, videos, digital or computer-generated images, and even drawn or cartoon images.</p>  <p>Federal law prohibits the production, distribution, reception, and possession of an image of child pornography. If convicted, an individual could face up to 20 years in prison for each image.</p>  
<h4 class="wp-block-heading">It Involves Revenge</h4>
  <p>Revenge porn is when someone distributes sexually explicit images or videos without the consent of the person depicted in the material. Federal law prohibits the distribution of <a href="https://www.webmd.com/sex-relationships/revenge-porn" target="_blank" rel="noopener noreferrer">revenge porn</a> and carries a possible sentence of up to 5 years in prison.</p>  
<h4 class="wp-block-heading">It Involves Bestiality</h4>
  <p>Bestiality porn refers to sexual acts between humans and animals (including body parts). Federal law prohibits the creation and distribution of videos and photos containing bestiality content and carries a possible sentence of up to 7 years in prison if convicted.</p>  
<h4 class="wp-block-heading">It Includes Copyrighted Material</h4>
  <p>One of the reasons pornography can be illegal has nothing to do with sex.</p>  <p>Copyright infringement occurs when someone violates any one exclusive right granted to a copyright owner under federal copyright law. These exclusive rights include:</p>  <ul class="wp-block-list">  <li>Reproduction</li>  <li>Distribution</li>  <li>Public performance</li>  <li>Public display</li>  </ul>  
<h4 class="wp-block-heading">It Documents Illegal Activity</h4>
  <p>Voyeurism laws vary by state but generally prohibit anyone from secretly recording someone else’s nudity or sexual activity without their consent with the intent to view or disseminate the footage for sexual gratification or financial gain.</p>  <p>You must take swift and decisive action if you are accused of possession of illegal pornography. The first step is to consult with a criminal defense attorney who can help you understand your legal rights and options. With an experienced attorney on your side, you’ll have the best chance of achieving a positive outcome in your case.</p>  <p><a href="/contact-us/">Contact David Lindsey</a> to discuss your legal situation with an expert.</p>  ]]></content:encoded>
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            <item>
                <title><![CDATA[Is Sexting Illegal?]]></title>
                <link>https://www.mdavidlindsey.com/blog/is-sexting-illegal/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/is-sexting-illegal/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Fri, 18 Nov 2022 12:52:09 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Sex Crimes]]></category>
                
                
                    <category><![CDATA[is sexting illegal]]></category>
                
                
                
                <description><![CDATA[<p>Is sexting illegal? Here’s what you should know. You might have heard the term “sexting” before, but you might not be entirely sure what it is. What is Sexting? Sexting is defined as the act of sending sexually explicit messages or images electronically, typically between mobile phones. It can also refer to any sexual message&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image is-resized">
<figure class="alignright"><img decoding="async" src="/static/2023/07/16_159933016-sexting.jpg" alt="is sexting illegal"/></figure></div>


<p>Is sexting illegal? Here’s what you should know.</p>



<p>You might have heard the term “sexting” before, but you might not be entirely sure what it is.</p>



<h3 class="wp-block-heading" id="h-what-is-sexting">What is Sexting?</h3>



<p>Sexting is defined as the act of sending sexually explicit messages or images electronically, typically between mobile phones. It can also refer to any sexual message or image sent without the recipient’s consent.</p>



<h3 class="wp-block-heading" id="h-is-sexting-illegal-legal">Is Sexting Illegal Legal?</h3>



<p>The answer to this question isn’t as simple as a yes or no.</p>



<p>While sexting between two consenting adults isn’t illegal, there are certain situations where it could lead to criminal charges. For example:</p>



<h3 class="wp-block-heading" id="h-a-participant-is-underage">A Participant is Underage</h3>



<p>If you send a sexual message or image to someone who is under the legal age of consent, you could be charged with the distribution of child pornography.</p>



<p>This is true whether or not you are underage. Children sharing explicit data with one another can get into legal trouble, even if they are the same age. Make sure your children understand the legal aspects of sexting. They should know how dangerous it can be to participate in what might seem harmless or only slightly daring to them.</p>



<h3 class="wp-block-heading" id="h-messages-aren-t-consensual">Messages Aren’t Consensual</h3>



<p>If you send a sexual message or image without the recipient’s consent, you could be charged with harassment or stalking. Remember that just because someone sent a sexual message or image doesn’t mean they consented to receive one. Always make sure you have explicit permission before hitting “send.”</p>



<h3 class="wp-block-heading" id="h-you-re-legally-barred-from-contacting-the-recipient">You’re Legally Barred from Contacting the Recipient</h3>



<p>You can’t text, much less sext, someone who has a <a href="https://www.lawyers.com/legal-info/criminal/criminal-law-basics/restraining-orders.html" target="_blank" rel="noopener noreferrer">restraining order</a> against you.</p>



<p>A restraining order is a legal order issued by a judge that requires one person to stop harming or contacting another person. It is also sometimes called a protective order or an order of protection. If someone violates a restraining order, they can be arrested and charged with a crime.</p>



<p>If you violate the terms of your restraining order by texting the person you’re ordered not to contact, you could be arrested and charged with contempt of court. Depending on the state you live in, this could be either a misdemeanor or felony charge.</p>



<p>For some, sexting can be a fun and harmless way to flirt. However, it’s important to be aware of the potential legal consequences before sending anything. Even if you find it in poor taste, it might be legal. But then again, there are many situations in which you’d be violating the law by sending or receiving sexually suggestive messages on your phone.</p>



<p>If you’re ever unsure about whether or not something crosses the line, err on the side of caution and don’t send it. After all, it’s better to be safe than sorry!</p>



<p>To learn more about sexting or to speak to someone if you’ve been accused of a sexting crime, <a href="/contact-us/">contact David Lindsey</a>.</p>
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            <item>
                <title><![CDATA[Is There a Difference Between Distributing Pornographic Material and Possessing It?]]></title>
                <link>https://www.mdavidlindsey.com/blog/distributing-pornographic-material/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/distributing-pornographic-material/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Fri, 26 Aug 2022 16:44:25 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
                    <category><![CDATA[Sex Crimes]]></category>
                
                
                    <category><![CDATA[distributing porn]]></category>
                
                    <category><![CDATA[distributing pornographic material]]></category>
                
                    <category><![CDATA[illegal pornographic material]]></category>
                
                
                
                <description><![CDATA[<p>There is a big difference between possessing pornographic material and distributing pornographic material. Distributing pornography is a serious crime that can lead to severe penalties, including jail time. Possessing pornography, on the other hand, is not necessarily a crime. Although it may be considered one if the possession is found to be part of a&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <div class="wp-block-image"><figure class="alignright"><img loading="lazy" decoding="async" src="/static/2023/07/0a_60640808.jpg" alt="distributing pornographic material" width="300" height="200" /></figure></div><p>There is a big difference between possessing pornographic material and distributing pornographic material.</p><p>Distributing pornography is a serious crime that can lead to severe penalties, including jail time. Possessing pornography, on the other hand, is not necessarily a crime. Although it may be considered one if the possession is found to be part of a larger distribution scheme.</p>  <p>What should you know if you are facing criminal charges related to pornographic material?</p>  
<h3 class="wp-block-heading">Possessing Pornographic Material</h3>
  <p>It is not a crime in the United States to <a href="https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-obscenity" target="_blank" rel="noopener noreferrer">possess legal pornographic material</a>.</p>  <p>In the United States, pornographic material is defined as anything depicting sexual activity or nudity in a manner intended to cause sexual arousal or excitement. This includes both real and simulated images of sexual activity, as well as nudity.</p>  <p>It wasn’t until 1977 that officials made an effort to ban the production and dissemination of pornographic materials featuring children. Before that, only two states had laws prohibiting the use of minors in pornographic performances or materials.</p>  <p>Under current-day federal law, it is a crime to possess, distribute, or produce non-fictional child pornography. Anyone accused of doing so is at risk of large fines and prison sentences. This could mean up to 30 years upon conviction.</p>  <p>Additionally, they must register as a sex offender.</p>  
<h3 class="wp-block-heading">What Should I Do If I’m Accused of Possessing or Distributing Illegal Porn?</h3>
  <p>It is a crime to possess or distribute illegal porn in the United States.</p>  <p>Distributing illegal pornographic material means you’re committing two crimes – possessing illegal porn and distributing it to other people.</p>  <p>Keep in mind, possession of child pornography, either on your computer or in tangible form, without distributing it is still a serious crime. It puts you at risk of a lengthy stint in Federal Prison depending on the particular facts of the case. You must contact an experienced child pornography attorney as soon as you suspect you are under investigation.</p>  <p>Your potential time in prison increases under the Federal Sentencing Guidelines when there’s a conviction of distribution, in addition to possession.</p>  <p>It’s also important to remember that accessing peer-to-peer networks to view illegal porn could put you at risk of severer penalties. Many people who use these networks do not realize that accessing these networks allows other users to download files from their computers. You might not intend to share (distribute) pornographic materials, but you could still face increased penalties when using these networks.</p>  <p>The legal elements of distribution could be met if another member, or the government, accesses illegal pornographic material from your computer through one of these networks.</p>  <p>If you’ve been accused of possession or distribution of illegal pornography you need a lawyer. It’s best to work with someone familiar with child pornography laws who understands the severity of the charges you’re facing. An experienced attorney can complete an investigation including a forensic evaluation of your computer.</p>  <p>To learn more or to speak to someone who can help you if you’ve been accused of possessing or distributing illegal porn, <a href="/contact-us/">contact David Lindsey</a>.</p>  ]]></content:encoded>
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                <title><![CDATA[Can My Child Be Arrested for Sharing Pictures of Themselves?]]></title>
                <link>https://www.mdavidlindsey.com/blog/can-a-child-get-in-trouble-for-sending-dirty-pictures/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/can-a-child-get-in-trouble-for-sending-dirty-pictures/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Tue, 26 Apr 2022 18:35:32 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Sex Crimes]]></category>
                
                
                    <category><![CDATA[can a child get in trouble for sending dirty pictures]]></category>
                
                    <category><![CDATA[child sending inappropriate picture]]></category>
                
                    <category><![CDATA[juvenile sexting laws]]></category>
                
                    <category><![CDATA[Sexting]]></category>
                
                    <category><![CDATA[what to do if your child sends inappropriate pictures]]></category>
                
                
                
                <description><![CDATA[<p>Can a child get in trouble for sending dirty pictures? Here’s what you need to know. Child pornography is any image that depicts a minor engaged in sexual activity or that is sexually suggestive. Sharing such images is a crime in many jurisdictions and can result in severe penalties, including jail time. Surveys show nearly&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image is-resized">
<figure class="alignright"><img decoding="async" src="/static/2023/07/f4_136619632.jpg" alt="can a child get in trouble for sending dirty pictures"/></figure></div>


<p>Can a child get in trouble for sending dirty pictures? Here’s what you need to know.</p>



<p>Child pornography is any image that depicts a minor engaged in sexual activity or that is sexually suggestive. Sharing such images is a crime in many jurisdictions and can result in severe penalties, including jail time.</p>



<p>Surveys show nearly one in four young people have shared images that fit this description of themselves online. The study, conducted by the cyberbullying research center Ditch the Label, also found that one in seven young people have had someone threaten to share an inappropriate photo of them.</p>



<p>It’s no wonder parents are concerned. In addition to their safety, there are also legal concerns.</p>



<p>Generally speaking, it’s not illegal for someone to share an inappropriate photo of themselves – so-called <a href="https://www.findlaw.com/criminal/criminal-charges/child-pornography-and-selfies--what-you-need-to-know.html" target="_blank" rel="noopener noreferrer">selfies</a>.</p>



<p>However, there are some exceptions to this rule.</p>



<p>For example, if the subject of the photo is a minor the content becomes child pornography, which is illegal to possess and/or share.</p>



<p>Also, the court considers photos taken without a subject’s awareness or consent pornographic. You can face criminal charges for sharing possessing or sharing photos like this.</p>



<p>Additionally, if the photo was shared in a way that could embarrass or humiliate the subject, then there could also be legal repercussions.</p>



<p>For instance, if the photo was shared on a social media site like Facebook, a defamation lawsuit is possible.</p>



<h3 class="wp-block-heading" id="h-colorado-laws">Colorado Laws</h3>



<p>Colorado has a specific statute for minor “<a href="https://leg.colorado.gov/bills/hb17-1302" target="_blank" rel="noopener noreferrer">sexting</a>.”</p>



<p>The 2018 law created a tiered approach, separating abusive forms of sexting (such as malicious distribution) from consensual electronic exchange of explicit images. This means the court takes the defendant’s intentions into account.</p>



<p>Prior to this law, the only option was to charge a minor involved in sexting with a felony.</p>



<p>Felony charges are still possible under the new law if there are aggravating circumstances. However, according to the law, juveniles MAY NOT be charged with felony exploitation if their conduct is limited to the elements of petty offense (possession) or civil infraction (exchange) under this law.</p>



<p>You can learn more about <a href="https://cdpsdocs.state.co.us/safeschools/Resources/SextingFactSheet.pdf" target="_blank" rel="noopener noreferrer">Colorado’s sexting law here</a>.</p>



<h3 class="wp-block-heading" id="h-self-created-pornography-exceptions">Self-Created Pornography Exceptions</h3>



<p>At the federal level, the reason why your child is unlikely to face arrest for sharing pictures of themselves is because of a concept called the “self-created child pornography exception.” These legal exceptions apply to images that are created by minors themselves.</p>



<p>In other words, if your child takes a nude or semi-nude picture of themselves, they’re less likely to face charges of possessing or distributing child pornography. But it’s not impossible.</p>



<p>This exception doesn’t mean that your child won’t get in trouble for sharing nude or semi-nude pictures of themselves. They could still face disciplinary action from their school or other consequences from their parents. The person to whom they sent those images, even if that person is also a minor, could also get into trouble.</p>



<p>Remember, laws frequently change. And in the case of child pornography, lawmakers are erring on the side of restriction. The trend is toward broader definitions of child pornography with increased prosecutions and harsher penalties.</p>



<h3 class="wp-block-heading" id="h-what-to-do-if-your-child-sends-inappropriate-pictures">What to Do If Your Child Sends Inappropriate Pictures</h3>



<p>If you’re concerned about your children sharing nude or semi-nude photos of themselves, the best thing you can do is talk to them about the risks. Explain to them that it’s a bad idea. Even if legal problems don’t arise, they face other risks associated with sharing these kinds of images.</p>



<p>For example, someone could share their pictures without their consent or they could be subjected to cyberbullying.</p>



<p>If you think your child has shared nude or semi-nude pictures of themselves, you can talk to a lawyer to get more information about your legal options. This is especially true if law enforcement launches an investigation.</p>



<p>An experienced attorney can help you understand any charges your child is facing and the potential consequences of those charges. They can also help you navigate the legal process and protect your child’s rights.</p>



<p>Can a child get in trouble for sending dirty pictures?</p>



<p>Was your child accused of doing so?</p>



<p>It’s important that you not speak to law enforcement without first consulting an attorney. For more information or to schedule an appointment, <a href="/contact-us/">contact David Lindsey</a>.</p>
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                <title><![CDATA[5 Things You Should Do If You’re Accused of Possessing Illegal Porn]]></title>
                <link>https://www.mdavidlindsey.com/blog/accused-of-possessing-illegal-porn/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/accused-of-possessing-illegal-porn/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Fri, 25 Jun 2021 16:54:15 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
                    <category><![CDATA[Sex Crimes]]></category>
                
                    <category><![CDATA[tech crimes]]></category>
                
                
                    <category><![CDATA[computer crime defense]]></category>
                
                    <category><![CDATA[dissemination of illegal porn]]></category>
                
                    <category><![CDATA[distribution of illgal porn]]></category>
                
                    <category><![CDATA[possessing illegal porn]]></category>
                
                
                
                <description><![CDATA[<p>What can you do if you’re accused of possessing illegal porn? There’s no denying that people intentionally seeking illegal pornographic materials, much of which features minors, deserve to face legal consequences. But what about people who accidentally end up in possession of illegal pornography? Modern technology allows for the simple and rapid exchange of all&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="alignright is-resized"><img decoding="async" src="/static/2023/07/46_123631221.jpg" alt="accused of possessing illegal porn" style="width:300px;height:200px"/></figure></div>


<p>What can you do if you’re accused of possessing illegal porn?</p>



<p>There’s no denying that people intentionally seeking illegal pornographic materials, much of which features minors, deserve to face legal consequences.</p>



<p>But what about people who <em>accidentally</em> end up in possession of illegal pornography?</p>



<p>Modern technology allows for the simple and rapid exchange of all kinds of material. It surprises many people to learn how often illegal porn ends up on people’s computers and other devices by accident.</p>



<h3 class="wp-block-heading" id="h-what-to-expect-and-what-should-you-do-if-you-or-a-loved-one-is-accused-of-possessing-illegal-porn">What to Expect and What Should You Do If You or a Loved One is Accused of Possessing Illegal Porn?</h3>



<p>First, it’s important to understand what the law deems illegal when it comes to pornographic content. You can learn more in <a href="https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-child-pornography" target="_blank" rel="noopener noreferrer">this guide from the Department of Justice</a>.</p>



<p>Most of these cases begin with a search warrant for a computer or other device believed to contain illegal material. Law enforcement requests a warrant when someone reports to them the suspicion of pornographic material. In other cases, websites shut down for posting or promoting illegal material have their client/customer lists confiscated.</p>



<p>If law enforcement has a search warrant, there isn’t much you can do to prevent the confiscation of your device. But this doesn’t mean you should say anything to them about the matter.</p>



<h3 class="wp-block-heading" id="h-avoid-speaking-to-law-enforcement">Avoid Speaking to Law Enforcement</h3>



<p>One of the worst things you can do if questioned by police about illegal pornographic material is to speak to them without an attorney. Even if you had no idea the material was on your device or you believe that it is not on your device, <a href="/blog/why-you-should-never-talk-to-law-enforcement-officials-without-consulting-an-attorney/">the prosecution can use anything you say against you</a>.</p>



<p>Law enforcement has no obligation to be honest with you during its investigation. They can use a variety of tactics to trick you into admitting something. Sometimes, they try to confuse you into saying something that paints you as a criminal. Everything you say once an investigation is underway is evidence and becomes part of the prosecution’s defense against you.</p>



<p>The sooner you hire an attorney the better. These types of investigations can be lengthy. Waiting until the prosecution files charges to contact an attorney costs you precious time that you could be building a defense.</p>



<p>If you’ve been accused of possessing illegal porn, now is not a time to do nothing and hope for the best. You must be aggressive and make smart choices when facing charges of possession of illegal pornography, even if you are innocent.</p>



<h3 class="wp-block-heading" id="h-will-law-enforcement-return-my-device">Will Law Enforcement Return My Device?</h3>



<p>You should not expect to get your device back, at least not any time soon. If law enforcement has confiscated it for an investigation, you’re better off replacing the device. The original device is evidence in a criminal investigation and chances are, you’ve lost the original device forever.</p>



<p>Possession of child pornography could result in both state and federal charges. You could face lengthy time in jail, as well as significant fines. Charges with or without a conviction could ruin your reputation and interfere with all aspects of your life. You must take the situation seriously and assume the worst-case scenario will unfold, even if you are innocent.</p>



<h3 class="wp-block-heading" id="h-what-are-the-potential-defenses-for-people-facing-illegal-pornography-charges">What are the Potential Defenses for People Facing Illegal Pornography Charges?</h3>



<p>The good news is most people accused of possessing child pornography have several <a href="/blog/what-criminal-defenses-are-available/">potential defenses</a> they can use. For example:</p>



<ul class="wp-block-list">
<li>The prosecution must prove intent to convict you of possessing illegal pornography. The defendant must know that the material in their possession is illegal and the prosecution must show this to be the case. If you had no idea what was in your possession was illegal could be part of your defense.</li>



<li>If you share your computer or another device with someone else, the prosecution could have a tough time proving you were the person who intended to gain access to the illegal materials. Likewise, if you or someone using your device downloads material without knowing what the content of the material might be. This is often the case when clicking on links without knowing what they lead to and/or extracting images in bulk from a zipped file.</li>



<li>Some states require the defendant to download the material. If there is only proof that someone viewed the illegal material without downloading it or they did not realize they’d downloaded it – they did not “knowingly possess it,” the prosecution could have a tough time proving possession.</li>



<li>The prosecution must show you intended to distribute the materials to other people if you’re accused of dissemination of illegal pornography. If someone gained access to illegal material on your computer via a peer-to-peer sharing system and you didn’t know how these programs worked, a conviction of intent to distribute is unlikely.</li>



<li>The original search warrant used to seize your devices must be legal. This means law enforcement needs probable cause. Otherwise, they cannot use the evidence gathered as a result of the warrant against you. Your attorney will carefully review the search warrant filed against you to ensure it was legal.</li>
</ul>



<h3 class="wp-block-heading" id="h-contact-an-experienced-attorney">Contact an Experienced Attorney</h3>



<p>Despite the challenges the prosecution faces proving its case against you, it still has the upper hand. There is no doubt the legal system favors the prosecution in these cases. Those people accused of possessing illegal pornographic material face an uphill battle. This is why it’s so important to reach out to an attorney immediately, as soon as you suspect you are under investigation.</p>



<p>To discuss your situation with an experienced professional or to learn more about your options if accused of possessing or distributing illegal pornography, <a href="/contact-us/">contact David Lindsey</a> to schedule a free consultation.</p>
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                <title><![CDATA[Is Sharing Your Passwords a Crime]]></title>
                <link>https://www.mdavidlindsey.com/blog/is-sharing-your-passwords-a-crime/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/is-sharing-your-passwords-a-crime/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Tue, 30 Jun 2020 23:03:15 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Criminal Defense Lawyer]]></category>
                
                    <category><![CDATA[Criminal Defenses]]></category>
                
                
                
                <description><![CDATA[<p>Is Sharing Your Passwords a Crime? Have you ever shared a password with a friend or relative? You aren’t alone. With the increase in streaming video and other online sources of entertainment that require a membership, people across the country are sharing their account information so friends and loved ones can access paid content. Only&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image is-resized">
<figure class="alignright"><img decoding="async" src="/static/2023/07/e8_89531340.jpg" alt="Cybersecurity"/></figure>
</div>


<h2 class="wp-block-heading" id="h-is-sharing-your-passwords-a-crime">Is Sharing Your Passwords a Crime?</h2>



<p>Have you ever shared a password with a friend or relative? You aren’t alone. With the increase in streaming video and other online sources of entertainment that require a membership, people across the country are sharing their account information so friends and loved ones can access paid content. Only one person is paying to utilize the service but many people benefit.</p>



<p>Netflix, Amazon Video, Hulu, and more have made it easy for people to take advantage of their services, but is this legal?</p>



<p>According to the interpretation of at least one law, it’s not. But how concerned you should be about the matter varies depending on who you ask.</p>



<p>Several years ago the effort to prevent the illegal download of music led to a world in which the FBI could go after private citizens for what they were doing on their personal computers in their own homes. But these weren’t people who were viewing offensive or illegal content. It wasn’t the content at all – it was how they were acquiring it.</p>



<p>So are we dealing with a similar situation when it comes to video streaming services?</p>



<p>It might be unlikely, due in part to the fact that video streaming services don’t seem overly concerned about the practice, despite losing $500 million a year to password sharing. Netflix even allows you to set up access for different members of your family on one account. The company’s CEO Reed Hastings said people sharing an account hasn’t been a problem for the company.</p>



<p>HBO Chairman and Chief Executive Richard Piepler agrees and stated that even though the company doesn’t encourage password sharing, it’s also not viewed as a big enough problem to warrant the network’s attention.</p>



<h3 class="wp-block-heading" id="h-computer-fraud-and-abuse-act">Computer Fraud and Abuse Act</h3>



<p>Of course, the companies’ lackadaisical attitudes concerning password sharing doesn’t mean lawmakers won’t take aim at the practice and do what they can to enforce copyright and patent laws. And should the companies begin to take seriously how much revenue they are losing due to password sharing, they could change their tune.</p>



<p>The Computer Fraud and Abuse Act (CFAA) is an anti-hacking law that, according to critics, could have inadvertently made everyone sharing Netflix passwords a criminal.</p>



<p>Critics of the CFAA say that criminalizing so-called unauthorized access means that the terms of service that apply to software become law. And because terms of service so often include drastic penalties and tend to be very broad, it could end up turning something that everyone does into a serious crime. Lawmakers inadvertently made it possible for someone to go to jail for 20 years for using a person’s Netflix password.</p>



<p>It’s rare, in the American legal system, for contract law violations to result in criminal penalties, which makes this situation even more unusual.</p>



<p>Under CFAA, accessing someone’s computer without that person’s permission is punishable as a felony and because most TOS agreements ban the sharing of login credentials without specifying if this means a specific device or account, the penalties, in theory, could be drastic. “Unauthorized access” has yet to be defined clearly enough for the average person to determine what he or she can or cannot legally do.</p>



<p>And according to those who are following court cases linked to the CFAA, the problem is only going to get more complex as more devices include microchips.</p>



<h3 class="wp-block-heading" id="h-future-of-password-sharing">Future of Password Sharing</h3>



<p>It’s easy to dismiss the situation as government and law enforcement overreach, considering how many people are participating in the practice of sharing passwords every day. But there might be a reason to be concerned.</p>



<p>Abuses of the CFAA law have happened in the past and the punishments for violating the laws are astounding. The law was originally intended to prevent hacking but could turn just about anyone into a felon. Under the law, the private right of action could make it possible for providers to package huge lawsuits into their terms of service and we’d live in a world where Amazon could sue any time someone accessed his or her Prime account.</p>



<p>If you’d like to learn more about the CFAA, check out <a href="https://www.nacdl.org/Landing/ComputerFraudandAbuseAct" target="_blank" rel="noopener noreferrer">this information from the National Association of Criminal Defense Lawyers</a>.</p>



<p>If you’ve been accused of a crime related to password sharing or account or device access, <a href="/contact-us/">contact David Lindsey</a> to discuss your situation.</p>
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                <title><![CDATA[Could Hiring a Computer Repair Service Lead to Child Pornography Charges against You? Maybe.]]></title>
                <link>https://www.mdavidlindsey.com/blog/computer-repair-criminal-charges/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/computer-repair-criminal-charges/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Tue, 17 Sep 2019 20:56:41 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Criminal Defense Lawyer]]></category>
                
                    <category><![CDATA[Internet Crimes]]></category>
                
                
                
                <description><![CDATA[<p>Hiring a computer repair service can lead to criminal charges. Looking at questionable material can lead you into a number of scary scenarios. And in many cases, people intentionally search for content they know they shouldn’t be viewing but the temptation is too great, even though doing so can get them in trouble. What makes&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <div class="wp-block-image"><figure class="alignright"><img loading="lazy" decoding="async" src="/static/2023/07/c8_93717860.jpg" alt="computer repair" width="300" height="200" /></figure></div>
<h3 class="wp-block-heading">Hiring a computer repair service can lead to criminal charges.</h3>
  <p>Looking at questionable material can lead you into a number of scary scenarios. And in many cases, people intentionally search for content they know they shouldn’t be viewing but the temptation is too great, even though doing so can get them in trouble.</p>  <p>What makes some people bold enough to hunt for illegal material online is the fact they are convinced they’ll get away with it. They don’t believe anyone will find out about their activities and they figure if they delete anything they download and/or delete their search history nobody will be aware of their activities.</p>  <p>This isn’t always the case though.</p>  <p>Recently, news surfaced that the FBI has been using Best Buy’s Geek Squad repair personnel as informants. This means that without your knowledge and certainly without a search warrant, law enforcement officials have and are willing to intrude upon your personal property and disregard your rights – all because you needed to have your computer repaired.</p>  <p>The fact that individual Geek Squad employees had been recruited by the FBI has been public knowledge for some time now. But more recently it was revealed that a relationship exists between Best Buy and the FBI. The entire company has been working with federal agents for over a decade and until recently that fact was unbeknown to customers of big box tech retailer.</p>  <p>The information came to light as a result of a Freedom of Information Act request submitted by the Electronic Frontier Foundation. You can learn more about that organization <a href="https://www.eff.org" target="_blank" rel="noopener noreferrer">here</a>.</p>  
<h3 class="wp-block-heading">What is Best Buy and the Geek Squad Doing with the Feds?</h3>
  <p>Essentially, when customers dropped off their computers for repair at Best Buy, they were exposing everything on their computers to the FBI. Anything the Geek Squad found on computers it was servicing could have been reported to the agency. In most cases, these reports were linked to anything questionable found on a device related to child pornography.</p>  <p>In one case in California, a physician was prosecuted after images depicting child abuse were found on his computer by the Geek Squad. It was revealed during that trial that there were at least eight Geek Squad members working as informants and receiving up to $1000 when they turned information over to the FBI.</p>  <p>Later, it was revealed that in addition to those individual Geek Squad employees, Best Buy had hosted an employee meeting that included the FBI’s Cyber Crimes Working Group.</p>  
<h3 class="wp-block-heading">What Happens If the Geek Squad Finds Something on Your Computer?</h3>
  <p>When questionable materials are found on a customer’s computer, Best Buy employees report it to the FBI and the device is seized.</p>  <p>There were some instances in which the FBI secured a search warrant in order to search a device, but that only occurred after searches performed by the Geek Squad revealed questionable material. This type of search violates the legal rights of citizens guaranteed under the Fourth Amendment.</p>  <p>Of course, a lot of people believe that if a person is viewing child pornography they deserve whatever punishment they receive, regardless of how the evidence against them was gathered.</p>  <p>But what if the material on your computer is not child pornography but a member of the Geek Squad determines it is worth a review by the FBI? What if you have photos of your own children on your computer and Best Buy employees deem them inappropriate? What if something was downloaded onto your computer without your knowledge?</p>  <p>It’s understandable why Best Buy customers or anyone who uses a third-party to repair their computer or another tech device would be worried that someone with very limited law enforcement training would be reporting on anything they find to the FBI.</p>  <p>If you are concerned that something on your computer could get you into legal trouble or you believe the FBI or another law enforcement organization is investigating you as a result of a repair service viewing your images or other data, <a href="/contact-us/">contact David Lindsey to schedule a free consultation</a>.</p>  <p> </p>  ]]></content:encoded>
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                <title><![CDATA[What You Should Know about Online Entrapment]]></title>
                <link>https://www.mdavidlindsey.com/blog/what-you-should-know-about-online-entrapment/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/what-you-should-know-about-online-entrapment/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Tue, 21 Feb 2017 19:33:19 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Entrapment]]></category>
                
                    <category><![CDATA[Internet Crimes]]></category>
                
                
                
                <description><![CDATA[<p>Ask the average person on the street about entrapment and he or she will likely reply it is illegal and something law enforcement is not able to do, even to a known criminal. Unfortunately, the question of what is and is not entrapment is rarely considered until a person becomes the target of the practice.&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>Ask the average person on the street about entrapment and he or she will likely reply it is illegal and something law enforcement is not able to do, even to a known criminal. Unfortunately, the question of what is and is not entrapment is rarely considered until a person becomes the target of the practice.</p>  <p>One of the most common instances in which the question of entrapment arises is in potential child predator cases. Often, men (and sometimes women) targeted by law enforcement are not child predators at all, but are enticed into behaving as such by law enforcement in their effort to identify real criminals.</p>  <p>Law enforcement officials go online posing as children and participate in conversations with people who might be lonely and seeking attention, or simply interested in a dating adventure or love connection. One of the most common sites used to ensnare the vulnerable is Craigslist’s personals section because it is free of charge. In order to participate in this section of Craigslist users must confirm they are at least 18 years old, which means others assume everyone with whom they interact is of legal age of consent.</p>  <p>So is law enforcement crossing the line by propositioning people on Craigslist and attempting to lure them into committing a crime, or should anyone meeting someone from the internet request ID to confirm age?</p>  <p><strong>Every Case is Different</strong></p>  <p>Whether or not you will be accused of being a child predator and found guilty of a crime depends on the specific details of your case. The prosecution will argue you believed the person with whom you were interacting to be a minor – or at least had warning the person was under 18 – and that you intended to commit some kind of sexual act with him or her. Your defense will need to prove you not only believed the person to be of age, but that you had no prior intention of engaging in sex acts with a minor. This can be a tough challenge and there have been instances in which defendants were found guilty, even if it seemed there was strong evidence in his or her favor.</p>  <p>So what should you do if you think you are being targeted as a child predator and lured into taking action that could get you into trouble? Obviously, it’s best to avoid these situations, but for many looking to make a romantic connection and take a chance on someone they “click” with online, this can be tough. If you do choose to meet someone you’ve met online, schedule your first meeting in a public place, if possible. You can always move to a private location, should you determine the meeting is on the “up and up” and you feel safe.</p>  <p>If anything seems suspicious about someone you meet online, err on the side of caution. There is a fine line between being adventurous and breaking the law, and law enforcement will do all it can to convince a jury your intention was the latter.</p>  <p><strong>What Can You Do If You are the Victim of a Trap?</strong></p>  <p>And if you find yourself in a situation where your intentions were misunderstood or you believe you were misled by law enforcement, you need to contact an attorney immediately. In this day and age, with internet dating now the norm, it is possible for someone with the best intentions to find themselves in legal trouble and the only way out of the situation is with the representation of an experienced attorney.</p>  <p>If you would like to speak to someone about your circumstances,<a href="/contact-us/"> contact David Lindsey</a> to schedule a free consultation to discuss your situation.</p>  <p> </p>  ]]></content:encoded>
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                <title><![CDATA[Year in Review: Top Five Cyber Crimes of 2016 and What’s Ahead in the New Year]]></title>
                <link>https://www.mdavidlindsey.com/blog/year-in-review-top-five-cyber-crimes-of-2016-and-what-s-ahead-in-the-new-year/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/year-in-review-top-five-cyber-crimes-of-2016-and-what-s-ahead-in-the-new-year/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Tue, 20 Dec 2016 15:39:25 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Cyber Crimes]]></category>
                
                    <category><![CDATA[Data Crimes]]></category>
                
                    <category><![CDATA[Hacking Crimes]]></category>
                
                    <category><![CDATA[Ransomware]]></category>
                
                
                
                <description><![CDATA[<p>2016 was a busy year for cyber criminals and nobody expects things to slow down in the near future. What were some of this year’s most common crimes? 1. Many of the cyber crimes committed in 2016 involved ransomware. Often, ransomware was used by less experienced cyber criminals to restrict access to data and demand&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>2016 was a busy year for cyber criminals and nobody expects things to slow down in the near future. What were some of this year’s most common crimes?</p>  <p>1. Many of the cyber crimes committed in 2016 involved ransomware. Often, ransomware was used by less experienced cyber criminals to restrict access to data and demand a “ransom” payment. The use of ransomware on mobile devices was also on the rise this year and expected to continue in the New Year.</p>  <p>2. As predicted, criminals took advantage of cloud services protected by weak corporate security policies in 2016. The cloud continues to grow with the amount of confidential business information it houses, and more and more businesses are putting their financial information, business strategies, acquisition and divestiture plans, and employee data at risk.</p>  <p>3. As automobiles become increasingly cyber-friendly, cyber crime risks also increase. Vehicle makers are working to improve IT security by developing standards and technical solutions to protect attack surfaces, including vehicle access system engine control units (ECUs), engine and transmission ECUs, advanced driver assistance system ECUs, remote key systems, passive keyless entry, V2X receiver, USBs, OBD IIs, remote link type apps, and smartphone access.</p>  <p>4. Personal information stolen by criminals is being linked together in big data warehouses, creating a valuable collection for cyber attackers to trade and sell. This is expected to continue in 2017, as criminals continue to develop an even more robust dark market for stolen personally identifiable information and usernames and passwords.</p>  <p>5. Integrity attacks were on the rise and 2016 saw stealthy, selective compromises to the integrity of systems and data. Attacks such as these involve seizing and modifying transactions or data to help perpetrators. An example of an integrity attack is the changing of direct deposit settings for a victim’s paychecks, so the money is deposited into a different account.</p>  <p><strong>What’s on the Horizon and 2017 and Beyond?</strong></p>  <p>Cyber criminals are expected to improve their detection-avoiding abilities by targeting new attack surfaces, employing more sophisticated methods of attack, and evading security technology. There is also expected to be an increase in attacks on wearables.</p>  <p>There is also growing concern for corporate cyberespionage. Cyber security experts McAfee Labs is predicting the dark market for malware code and hacking services could enable malware to be used for financial intelligence-gathering and the manipulation of the financial markets.</p>  <p>As the transition continues to digital storage of data, opportunities for cyber criminals to take advantage increases. Criminals are also expected to form better organized networks that allow them to share stolen information and receive compensation for sharing that data.</p>  <p>The growing complexities not only put individuals and businesses at risk, it also creates confusion for law enforcement and the judicial system. The likelihood of someone being accused of doing something wrong or unintentionally committing a crime is greater, based on the various ways there are of breaking cyber laws. If you have questions about any of the latest trends in cyber crime or you need to speak to someone about allegations against you, contact David Lindsey to schedule a free consultation to discuss your situation.</p>  ]]></content:encoded>
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                <title><![CDATA[What Wikileaks Should Teach You about Online Whistleblowing]]></title>
                <link>https://www.mdavidlindsey.com/blog/what-wikileaks-should-teach-you-about-online-whistleblowing/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/what-wikileaks-should-teach-you-about-online-whistleblowing/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Fri, 04 Nov 2016 19:49:03 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Internet Crimes]]></category>
                
                
                
                <description><![CDATA[<p>The election has made Wikileaks a popular topic in the news lately, but exactly what Wikileaks is and how its actions can possibly be legal has many confused. Many people think Wikileaks is a group of hackers or an organization that hacks emails, but it is actually more complicated than that. Furthermore, if the average&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>The election has made Wikileaks a popular topic in the news lately, but exactly what Wikileaks is and how its actions can possibly be legal has many confused. Many people think Wikileaks is a group of hackers or an organization that hacks emails, but it is actually more complicated than that. Furthermore, if the average person tried to get away with what Wikileaks has done there is a good chance he or she would end up in jail.</p>  <p><strong>What Should You Know about Wikileaks?</strong></p>  <p>Since 2006, Wikileaks has published classified information on the internet. Wikileaks was founded by Australian computer hacker Julian Assange, who also serves as the director of the organization. The international organization receives the information it publishes from anonymous sources, many of whom consider themselves whistleblowers.</p>  <p>One way in which Wikileaks protects itself from legal action is to rely on an anonymous volunteer network to retrieve its information. It claims it is not actually hacking information, but instead, providing a resource for its volunteers throughout the United States, Australia, Europe, Asia, and Africa to publish information. Despite being called volunteers, many of the people who provide Wikileaks information are sometimes paid.</p>  <p>Much of the information published on the site includes government secrets, evidence of corruption, and email exchanges of high-ranking public officials. There is also a great deal of personal data published. Most recently, and the reason Wikileaks has been featured so prominently in the news as of late, is the release of emails sent to or received by presidential candidate and former Secretary of State Hillary Clinton’s personal email server.</p>  <p><strong>But is What Wikileaks Doing Legal?</strong></p>  <p>There is debate over not only the legality of Wikileaks’ actions, but also whether or not it is ethical. Some view the organization as a watchdog that is doing the job the mainstream media no longer does, while others consider it and those affiliated with it traitorous and dangerous.</p>  <p>Though hacking and other actions taken by Wikileaks are normally considered illegal, Wikileaks claims it is not actually doing the hacking, but simply providing a platform for those who retrieve information to share with the public. In the past, the US Supreme Court has established the American Constitution protects the re-publication of illegally gained information, provided the publisher did not violate any laws in acquiring it.</p>  <p>Some believe Wikileaks is encouraging illegal activity, which is something for which it could be held accountable, but due to a variety of issues, including the international nature of the organization, there have been few legal challenges that have stuck long-term. Wikileaks has servers throughout Europe and its headquarters are based in Sweden, which means a number of international laws do and do not apply to the organization.</p>  <p><strong>Change Could Be Ahead for Wikileaks</strong></p>  <p>Despite legal action doing little to stop Wikileaks, third-parties that play a role in the organization are taking action. Recently, Visa followed in Mastercard and Paypal’s steps when it decided to no longer allow users to send payments to Wikileaks – something the organization relies on for its funding. The companies cited legal concerns, despite the issue being fuzzy.</p>  <p>Additionally, members of the Congress have made various attempts to limit the damage from Wikileaks, in part by proposing laws that would make the distribution of classified information illegal. The issue is highly debated among lawmakers, as many believe allowing the journalists to protect their sources is an important component in the right to freedom of the press. You can read more about shield laws in this article from <a href="http://www.politico.com/blogs/under-the-radar/2015/06/house-passes-reporters-shield-measure-again-208206" target="_blank" rel="noopener noreferrer">Politico</a>.</p>  <p>So what’s the bottom line for the average person when it comes to whistleblowing and publishing controversial information online?</p>  <p>It might be tempting, should you come into possession of information that seems scandalous or of interest to the public, to take an approach similar to Wikileaks. After all, many whistleblowers fear pushback, even though they are protected by federal whistleblower laws.</p>  <p>It’s important to remember, the line between what is legal and illegal when it comes to the internet is constantly changing. An individual lacking the money, resources, and international structure of Wikileaks is better off going through traditional channels when it comes to making controversial information public. And if you consider yourself a whistleblower, it’s best to seek legal protection, especially if you have already shared the information and been accused of committing a crime.</p>  <p>Want to learn more? <a href="/contact-us/">Contact David Lindsey</a>.</p>  ]]></content:encoded>
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                <title><![CDATA[Downloading Torrents: Are You Breaking the Law?]]></title>
                <link>https://www.mdavidlindsey.com/blog/downloading-torrents-are-you-breaking-the-law/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/downloading-torrents-are-you-breaking-the-law/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Mon, 13 Jun 2016 18:23:57 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                
                    <category><![CDATA[Bit Torrents]]></category>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Illegal Downloads]]></category>
                
                    <category><![CDATA[Torrents]]></category>
                
                
                
                <description><![CDATA[<p>It’s been several years since stories about Napster and illegally downloading music online were all over the news, but issues with piracy are still putting people at risk every day. Though most people are aware that piracy of copyrighted materials is illegal, many do not fully understand what the practice includes. Things they believe are&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <div class="wp-block-image"><figure class="alignright"><img loading="lazy" decoding="async" src="/static/2023/07/6c_dld.jpg" alt="blog image" width="250" height="210" /></figure></div><p>It’s been several years since stories about Napster and illegally downloading music online were all over the news, but issues with piracy are still putting people at risk every day. </p> <p>Though most people are aware that piracy of copyrighted materials is illegal, many do not fully understand what the practice includes. Things they believe are perfectly legal could land them in legal hot water, so it’s important to clarify what is legal and illegal when it comes to downloading data from online sources. One area that creates a great deal of confusion is torrents.</p>  <p><strong>What are Torrent Files?</strong></p>  <p>Torrents files are part of a peer-to-peer sharing network. Many people believe they are safe downloading torrents because doing so is considered private. It can be possible to download a torrent anonymously because it works by allowing only one computer to download a bit of information from a file from multiple host computers at the same time. It is a way to transmit a lot of data using various sources and in the past, it kept the transfer of files relatively confidential.</p>  <p>For more details on how Torrent file sharing works, <a href="http://netforbeginners.about.com/od/peersharing/a/torrenthandbook.htm" target="_blank" rel="noopener noreferrer">check out this article</a>.</p>  <p>This has changed and downloading a torrent file isn’t as safe as it once was. The government and other organizations dedicated to protecting copyrights and taking legal action against those who violate them find torrent files, evaluate the networks of the computers transmitting the file, and record the IP addresses associated with those computers.</p>  <p>Torrents work by making the people downloading the files also the providers of the files during the download. So, for instance, while you are downloading a movie from a torrent file, others can download that same movie file from your computer during that time. By participating in torrent downloading, you are part of a share program. This means if anyone is attempting to collect IP addresses, yours will eventually be recorded.</p>  <p>You have the option of using extra-secure invitation-only sites to avoid from getting caught, which makes the likelihood of your IP address less – but even these sites are not completely without risk.</p>  <p>The bottom line is if you are downloading copyrighted materials and you are not paying the copyright holder for that material, you are breaking the law. Keep in mind paying a service fee or membership fee does not necessarily make it a legal download. Paying the torrent service and paying the copyright holder are two different things.</p>  <p><strong>Have a Spouse, Child, or Friend Using Your Computer for Torrent Downloading?</strong></p>  <p>It’s also important to realize if someone else is using your computer for torrent sharing without your knowledge, you can still be held accountable. Parents need to be aware of whether or not their children are downloading data through torrent sharing programs, and speak to their children about data laws, if necessary.</p>  <p>Laws regarding file sharing are confusing and practices concerning the protection of copyright when it comes to online materials change on a regular basis. What you think might be legal – and what might have been legal at one time – could now result in a great deal of trouble.</p>  <p>If you are accused of breaking copyright laws or you are concerned your use of torrent files has gotten you into trouble, David Lindsey can help. David understands internet laws and can help you if you are accused of a crime. For more information or to discuss your situation, contact David to schedule a consultation.</p>  ]]></content:encoded>
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                <title><![CDATA[Five of the Most Prolific Cybercrimes that Remain a Mystery]]></title>
                <link>https://www.mdavidlindsey.com/blog/five-of-the-most-prolific-cybercrimes-that-remain-a-mystery/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/five-of-the-most-prolific-cybercrimes-that-remain-a-mystery/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Wed, 23 Mar 2016 19:05:37 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                
                
                
                <description><![CDATA[<p>Cybercrimes are a dime a dozen, but some have risen to the top as being more nefarious, more bizarre, or more widespread than others. And many of these, to this day, remain unsolved. Consider these cybercrime “whoppers” that are remain unsolved years later: Blackmail Gone Wrong One of the best known credit card breaches occurred&hellip;</p>
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                <content:encoded><![CDATA[ <p>Cybercrimes are a dime a dozen, but some have risen to the top as being more nefarious, more bizarre, or more widespread than others. And many of these, to this day, remain unsolved. Consider these cybercrime “whoppers” that are remain unsolved years later:</p>  <p><strong>Blackmail Gone Wrong</strong></p>  <p>One of the best known credit card breaches occurred in January 2000, right after the relief of surviving the Y2K transition. The breach was, in a way, a mistake, when an intended blackmail plot misfired and resulted in the release of more than 300,000 credit card numbers on a website titled “The Maxus Credit Card Pipeline.” The hacker intended to destroy the data after blackmailing CDUniverse.com, but the numbers still managed to get posted.</p>  <p><strong>Activist Hacking</strong></p>  <p>If you think cybercrimes are a relatively new development, think again. The first hacking crime related to activism occurred in 1989, targeted NASA, and still remains unsolved. The WANK Worm attacked an office in Greenbelt, Maryland and caused a banner to appear across the computer systems in an effort to protest the launch the Galileo probe. Reports are the cleanup after the hack cost as much as half a million dollars.</p>  <p>To learn more about “hactivism” and how it has been used over the years, check out these <a href="http://www.huffingtonpost.com/news/hacktivism" target="_blank" rel="noopener noreferrer">stories from the Huffington Post</a>.</p>  <p><strong>Risky Shopping</strong></p>  <p>Most consumers assume they put their personal security and financial well-being at risk every time they make a purchase nowadays, and the supermarket security breach in 2008 proves it. The breach resulted in the theft of at least 1800 credit card numbers and exposed more than four million numbers publicly. The event was unlike previous credit card breaches because the stores involved did not use wireless credit transfer systems and to this day, law enforcement and store officials are still unable to determine how the breach occurred.</p>  <p><strong>Election Hijinks</strong></p>  <p>You might think the 2016 presidential election is the most controversial yet (you might be right), but sabotage and misdirection have long been part of elections. In 2003, a hacker replaced the CBSNews.com homepage with Dennis Kucinich’s campaign logo and visitors were automatically redirected to a campaign video. Kucinich’s campaign denied involvement in the hack.</p>  <p><strong>Information Stolen from Cable Subscribers</strong></p>  <p>As if consumers needed another reason to be unhappy with their cable provider, a 2008 hack resulted in the theft of account information from Comcast subscribers. The hack was the work of the Kryogeniks group and altered the Comcast’s homepage, forcing it to redirect the webmail page to the hacker’s site where information could be stolen.</p>  <p>It is presumed these crimes were committed by high-level hackers, and it is unlikely a person could accidentally stumble into something this sever. However, there are plenty of instances in which a person’s intentions are good, but the ultimate outcome of their actions appears to be criminal.</p>  <p>If law enforcement has assumed the worst about you and your online activity, David Lindsey can help. For more information or to find out if you have a reason to be concerned about your situation, <a href="/contact-us/">contact David to schedule a consultation</a>.</p>  ]]></content:encoded>
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                <title><![CDATA[Computer Crime Trends]]></title>
                <link>https://www.mdavidlindsey.com/blog/computer-crime-trends/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/computer-crime-trends/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Wed, 23 Dec 2015 15:53:18 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Internet Crimes]]></category>
                
                
                
                <description><![CDATA[<p>Like many things, crime and computer crime tends to occur in trends. Computer crimes trends change at lightning speed and sometimes it’s tough to keep up. What trends are popular right now in computer crimes and what can we expect to see in the coming year? Attacks on a Specific Target Attacks have increasingly become&hellip;</p>
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                <content:encoded><![CDATA[ <p>Like many things, crime and computer crime tends to occur in trends. Computer crimes trends change at lightning speed and sometimes it’s tough to keep up. What trends are popular right now in computer crimes and what can we expect to see in the coming year?</p>  <p><strong>Attacks on a Specific Target</strong></p>  <p>Attacks have increasingly become more targeted in recent years. This means hackers choose a selected target, as opposed to using any target that is vulnerable. For instance, the government data breaches that seemed to occur so frequently in 2014 are an example of a targeted attack.</p>  <p>These attacks tend to go unnoticed longer than other types of attacks, giving hackers more time to do the most damage. The data breach that involved Home Depot exposed more than 56 million credit card numbers and was in action for at least six months before it was discovered. There were more than 700 major data breaches in the United States in 2014.</p>  <p><strong>Attacks on Payment Methods</strong></p>  <p>Changes to the way consumers pay for products are likely to continue posing a threat to their security and an opportunity for hackers. More and more hackers are targeting online payment systems and stealing payment information, as well as other personal details from online consumers. Updated credit card security that began to take effect in October will likely secure point-of-purchase credit card information better, but will do little to eliminate the risk that occurs when shopping online.</p>  <p><strong>Attacks on Life on the Internet</strong></p>  <p>As more and more things involve the Internet, security attacks are also likely to arise. For instance, many people are getting their entertainment through online venues like Netflix and Amazon. There have already been security breaches related to these companies and they are likely to continue.</p>  <p>Users of social media also need to take security concerns into consideration. Not only are “cyber stalkers” a threat, large-scale attacks on personal information are also likely to occur as more and more people make social media a part of their everyday lives.</p>  <p>Trends in computer crimes continue to expand into new areas, making it even more likely you will be a victim or be accused of committing a crime yourself. If this happens to you and something you did has caught the interest of law enforcement, you need an attorney who understands computer crimes and can help you defend your rights.<a href="/contact-us/"> Contact Denver Criminal Defense Attorney David Lindsey</a> to schedule a free consultation to discuss your situation.</p>  ]]></content:encoded>
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                <title><![CDATA[What Can You Expect If You are the Subject of a Computer Crimes Investigation?]]></title>
                <link>https://www.mdavidlindsey.com/blog/what-can-you-expect-if-you-are-the-subject-of-a-computer-crimes-investigation/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/what-can-you-expect-if-you-are-the-subject-of-a-computer-crimes-investigation/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Fri, 02 Oct 2015 16:25:00 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Criminal Defense Lawyer]]></category>
                
                    <category><![CDATA[Hacking]]></category>
                
                    <category><![CDATA[White Collar Crimes Defense]]></category>
                
                
                
                <description><![CDATA[<p>If you believe you are being investigated for committing a computer crime, there are several things you should know. First and foremost, you need to contact an attorney familiar with defending people accused of computer crimes. Technology is constantly changing and the laws must do so, too. You need the support of an attorney willing&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>If you believe you are being investigated for committing a computer crime, there are several things you should know. First and foremost, you need to contact an attorney familiar with defending people accused of computer crimes. Technology is constantly changing and the laws must do so, too. You need the support of an attorney willing to keep up with the changes.</p>  <p>People use computers for just about everything these days, which leaves plenty of room for crime. Just about everything you can think of can be found online – medical records, financial transactions, personal identification – which means it is easy to access information to commit a crime. It is also easy to make mistakes and wind up in a situation that looks criminal, but was fully intended to be innocent.</p>  <p>If this happens, law enforcement will conduct an investigation to determine what happened and whether or not a crime was really committed. If you are the subject of this investigation, what can you expect?</p>  <p><strong>Search and Seizure</strong></p>  <p>Most computer crimes investigations begin with the search and seizure of a computer and other equipment. Computers may be seized as the result of a search warrant being issued, or investigators may request voluntary or consensual surrender of a computer. A person is never required to consensually relinquish a computer or other device that they have full ownership interest in. If seizure of a device is not necessary, law enforcement may conduct information recovery by accessing files or a website, without seizing any computers. Remember, for law enforcement to enter into your home or office, or to seize your computer or any other equipment, they must have a search warrant.</p>  <p>If you are accused of committing a computer crime, you can expect at least the room in your home or office to be considered a crime scene. This means no access will be allowed except to law enforcement during the investigation. Additionally, investigators will likely seize all devices and media during a search. This means that even computers, DVD, and other items will be seized during the execution of a search warrant.</p>  <p>It may be a crime to delete evidence of a crime from a computer. However, since the investigators will likely seize all devices it is advisable to back up all of your data in some sort of “off-site” storage. Many clients have had who have had computers seized by law enforcement have forever lost all their files including family photos, music, movies and other items all of which may have been completely legal.</p>  <p>Those who have been suspected of computer crimes in the past can expect those previous incidents to be brought up. Law enforcement likes to look for patterns to help build their case. They also look at whether you had the ability to commit the crime and whether or not there was motive.</p>  <p><strong>Interrogation</strong></p>  <p>You will be interrogated, which means you will be asked questions by law enforcement about the crime. It is important to have an attorney with you when this occurs. You are never required to answer investigative questions without a lawyer present. You should politely tell the police that you may be willing to answer their questions, but you want a lawyer present when you do so. Even if police ask to see you and ask a few questions, and it does not seem as if you are being accused, you still need someone there to guide you and help you answer questions. You never know when something you say will end up incriminating you down the road, even if you are not under arrest.</p>  <p>If you have been accused of a computer crime or you believe you are under investigation, you need to act fast. The best thing you can do the moment you think you are a suspect is to call an attorney. Contact David Lindsey to schedule a free consultation to discuss your situation.</p>  ]]></content:encoded>
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                <title><![CDATA[Could the Recent Government Data Hack Affect You?]]></title>
                <link>https://www.mdavidlindsey.com/blog/could-the-recent-government-data-hack-affect-you/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/could-the-recent-government-data-hack-affect-you/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Tue, 04 Aug 2015 21:35:26 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Hacking]]></category>
                
                
                
                <description><![CDATA[<p>The Office of Personnel Management (OPM) recently revealed criminal hackers stole personal information from more than 20 million people, making it possibly the most significant data hack in history. Experts believe the fallout from the hack could compromise US intelligence and affect individual victims for years to come. Many believe China was responsible for the&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p>The Office of Personnel Management (OPM) recently revealed criminal hackers stole personal information from more than 20 million people, making it possibly the most significant data hack in history. Experts believe the fallout from the hack could compromise US intelligence and affect individual victims for years to come. Many believe China was responsible for the hack.</p>  <p>OPM’s database was mostly unencrypted and monitored by a security team with barely any IT experience, creating an ideal opportunity for hackers. Many believe the breach demonstrates how easy it is becoming for US adversaries to overcome current security capabilities and they believe this hack could be just the tip of the iceberg.</p>  <p><strong>Anyone with Security Clearance or Who Underwent a Background Check is at Risk</strong></p>  <p>Victims include every person who applied for government security clearance in the last 15 years. This means any person who underwent a background check through OPM since the turn of the millennium is impacted and likely had his or her Social Security number stolen, as well as any information revealed on the SF86 form, which is a 120 page document examining an applicant’s financial records, arrests, foreign travel and contacts, psychological and emotional health, and struggles with alcoholism or drug use, as well as information about his or her family relations.</p>  <p>Some believe this information could be used for blackmail or to recruit intelligence officers, as well as lower level crime like identity theft. Others believe it is unlikely anyone at risk for blackmail would have been given security clearance, so there is minimal security risk to the country.</p>  <p>There is also the chance the information could be sold on the black market. On an individual level, this hack could be detrimental for decades, wreaking havoc and causing misery for millions of Americans.</p>  <p>At least two federal employee unions have filed lawsuits claiming OPM’s failure to protect personal information violated the constitutional rights of members. Despite the efforts to place blame, there is little any union can do at this point to reverse the damage that has occurred.</p>  <p><strong>What Does the OPM Hack Mean for the Average Person?</strong></p>  <p>Obviously, if you have undergone a government background check since 2000, you could be a victim now or in the future. However, there is another group of people that could experience repercussions from the hack – those accused of Internet crimes.</p>  <p>What the hack has proven is that nothing is secure. Identity theft is on the rise and someone could easily accuse you of participating in ID theft behavior even if you intended to do nothing wrong. Even if you did nothing, just by being in the wrong place at the wrong time online could make you vulnerable to accusations.</p>  <p>Lawmakers are struggling to stay one step ahead of criminals and they will be looking to make an example out of anyone they can – even if that person did not commit a crime. Everyone is confused about data breaches and computer crimes and it would be easy for a prosecuting attorney to twist details of an event and make you look guilty. If you are accused of identity theft or any type of computer crime, you need the <a href="/lawyers/">support of an attorney</a> who understands.</p>  <p>To learn more or to speak to someone about accusations against you related to identity theft or computer crimes, contact David Lindsey to schedule a free consultation to discuss your case.</p>  ]]></content:encoded>
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                <title><![CDATA[Top Five Computer Crimes and What to Do If You are Accused of Any of Them]]></title>
                <link>https://www.mdavidlindsey.com/blog/top-five-computer-crimes-and-what-to-do-if-you-are-accused-of-any-of-them/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/top-five-computer-crimes-and-what-to-do-if-you-are-accused-of-any-of-them/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Tue, 07 Apr 2015 18:51:52 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Cyberstalking]]></category>
                
                    <category><![CDATA[Hacking]]></category>
                
                    <category><![CDATA[Identity Theft]]></category>
                
                    <category><![CDATA[Internet Crimes]]></category>
                
                
                
                <description><![CDATA[<p>Computer crime is on the rise and as more people do more things online, the incidence of criminal activity is expected to continue. In addition to not falling victim to computer crimes, you also need to ensure what you are doing online is not illegal. Technology is constantly changing and it can be difficult to&hellip;</p>
]]></description>
                <content:encoded><![CDATA[ <p><a href="/contact-us/">Computer crime</a> is on the rise and as more people do more things online, the incidence of criminal activity is expected to continue. In addition to not falling victim to computer crimes, you also need to ensure what you are doing online is not illegal. Technology is constantly changing and it can be difficult to keep up with what is and is not legal.</p>  <p>What are the five most common computer crimes?</p>  <p><strong>Use of Malware</strong></p>  <p>Malware is an umbrella term for viruses, worms, and other nefarious software programs intended to separate a computer user and his or her information or money. Some of the more popular malware programs appear to be virus software alerting users to an infection and asking that they purchase a related product to remove the virus. In reality, the seemingly helpful alert message is actually the virus and when you enter your payment information into the system to purchase “protection,” you are actually supplying that information to criminals.</p>  <p>To avoid falling victim to malware, do not download software from sites you do not trust. Avoid pirated software and do not open files unless you know their source. Avoiding accusations of law breaking when it comes to malware is simple: do not send viruses to other computer users and do not attempt to gain access to anyone’s information without their permission.</p>  <p><strong>Stealing a Person’s Identity</strong></p>  <p>Millions of people each year fall victim to identity theft. Someone gains access to their personal information and uses it for his or her own benefit. Hackers have the ability to gain access to financial accounts or social security numbers and destroy a person’s life.</p>  <p>To avoid having your identity stolen, never log into financial accounts using a public computer. Never share personal information in email, instant messaging, or any type of unencrypted communication. Any time you make a purchase online, check to ensure the site is secure and never provide your credit card information to a site that is not known to be reputable.</p>  <p>Chances are good you will not be accused of identity theft unless you step over the line and intend to commit a crime. If accusations do arise, you should contact an attorney familiar with computer crimes immediately.</p>  <p>The final three most common computer crimes on the list are the type that are more likely to trigger unwarranted accusations.</p>  <p><strong>Cyberstalking</strong></p>  <p>Cyber stalking is exactly what it sounds like: using the computer to stalk someone, harass them, and gain uninvited access to their life. Stalking is a common accusation in domestic violence cases and other family legal disputes, so if you are in the midst of ending a relationship, it is better to avoid interacting with your former romantic partner online. Any interaction can be twisted to look like an unwanted advance, so the less time you spend on social media sites the better. And never, under any circumstances, attempt to gain access to a former love interest’s email or other personal information online.</p>  <p><strong>Child Pornography</strong></p>  <p>It is no secret the Internet is a hot bed for pornographic material. Much of it is perfectly legal to access, but just as much of it is illegal because it features underage participants. Exploiting children online is big business and if you are accused of viewing child pornography without realizing you are doing anything wrong, you would not be the first person. To avoid breaking the law regarding child pornography, use common sense: never click on anything suspicious and if you cannot be 100% sure what you are downloading or viewing, avoid it.</p>  <p>Spam</p>  <p>The best way to avoid breaking laws associated with spam is to never send anyone an email without that person’s permission. If you operate any sort of organization or business online, make sure you offer an opt-in and opt-out feature for email and keep careful records of recipient requests. If you are accused of spamming, put your current email methods on hold and contact an attorney.</p>  <p>If you would like to learn more about these and other computer crimes, check out the <a href="http://www.fbi.gov/about-us/investigate/cyber/cyber" target="_blank" rel="noopener noreferrer">FBI’s cybercrimes website</a>.</p>  <p>Worried you might be accused of a computer crime? Think someone is trying to trick you into breaking the law online? You need legal support. David Lindsey can help. Contact him to schedule a consultation to discuss your case.</p>  <p> </p>  ]]></content:encoded>
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                <title><![CDATA[What is Cyber stalking?]]></title>
                <link>https://www.mdavidlindsey.com/blog/what-is-cyber-stalking/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/what-is-cyber-stalking/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Tue, 10 Feb 2015 16:15:25 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Cyberstalking]]></category>
                
                    <category><![CDATA[Internet Crimes]]></category>
                
                    <category><![CDATA[Stalking]]></category>
                
                
                
                <description><![CDATA[<p>What is Cyber stalking? Most people think of stalking as something that involves in-person scenarios. An ex-boyfriend or girlfriend might follow you to work or show up at your home uninvited. A stranger struggling with mental health issues could see you in public and become obsessed with you. These are all frightening scenarios that describe&hellip;</p>
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                <content:encoded><![CDATA[ <p>What is Cyber stalking?</p>  <p>Most people think of stalking as something that involves in-person scenarios. An ex-boyfriend or girlfriend might follow you to work or show up at your home uninvited. A stranger struggling with mental health issues could see you in public and become obsessed with you. These are all frightening scenarios that describe stalking, but there is another place in which stalking can occur and be just as invasive: the Internet.</p>  <p><strong>Cyber Stalking vs. Identity Theft</strong></p>  <p>Online stalking can have a romantic bent, but its goal is generally to destroy the life of the victim. Any attack on a single person in an effort to exact control or revenge is considered cyber stalking. It can include harassment or humiliation of the victim or the victim’s loved ones, theft, threat of harm, or a combination of all three.</p>  <p>Sometimes cyber stalking is a component of traditional stalking. For instance, a former significant other might harass you online as well as in person. However, most cases of cyber stalking allow the perpetrator to remain somewhat anonymous. There are many instances in which cyber stalking victims never learn the real-life identify of their stalkers.</p>  <p>Cyber stalking differs from identify theft because the goal of identify theft is strictly financial gain. Though there are instances in which a cyber stalker steals from his or her victim, the goal is to destroy the victim’s life. They have a single target, whereas most criminals who commit identity theft care little about the individual victims, of which there are many.</p>  <p>Are you concerned you are at risk of being a victim of cyber stalking? <a href="http://womensissues.about.com/od/violenceagainstwomen/a/CyberPrevention.htm" target="_blank" rel="noopener noreferrer">These tips</a> can protect you online.</p>  <p>The personal aspect of cyber stalking means it can be easier for a person to be accused of this crime than identity theft. Whether or not you steal money from someone using the Internet is fairly cut and dry. There is unlikely to be an instance in which you enjoy financial gain illegally without intending to teal from someone online.</p>  <p>Cyber stalking is a different matter. It is possible to cause someone to feel threatened without intending to do so. This line is often crossed when it comes to the end of a romantic relationship. What you view as an attempt to regain your significant other’s affection could be interpreted as a threat.</p>  <p><strong>Accused of Cyber Stalking?</strong></p>  <p>How do you avoid being accused of cyber stalking and what should you do if you are accused?</p>  <p>First, if you are in the midst of ending a relationship and things are tumultuous, avoid interacting online. End social media interactions and consider severing links completely. If you must interact, make sure discussions are factual in nature. For instance, emailing an ex to let him or her know you want your DVD collection mailed to your new address is fine. Including a threat to harm your ex if he or she does not do so could get you into legal trouble. Assume that any interaction you have with someone online will be made public if it is not already and act accordingly. If saying something could later paint you in a negative light to law enforcement, do not say or write it.</p>  <p>Have you been accused of cyber stalking? Are you concerned interacting with someone online could get you into legal trouble? I can help. <a href="/contact-us/">Contact David Lindsey</a>, Denver criminal law attorney.</p>  ]]></content:encoded>
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                <title><![CDATA[Social Medial Computer Crimes]]></title>
                <link>https://www.mdavidlindsey.com/blog/social-medial-computer-crimes/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/social-medial-computer-crimes/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Thu, 21 Aug 2014 14:20:45 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Social Media]]></category>
                
                
                
                <description><![CDATA[<p>It seems everyone is using social media these days. From old school friends reconnecting on Facebook to people expressing their views about politics, sports, and daily life on Twitter to finding your next job on LinkedIn, social media has become a life-changing tool. Despite all the positive things it has brought into our lives, not&hellip;</p>
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                <content:encoded><![CDATA[ <p>It seems everyone is using social media these days. From old school friends reconnecting on Facebook to people expressing their views about politics, sports, and daily life on Twitter to finding your next job on LinkedIn, social media has become a life-changing tool. Despite all the positive things it has brought into our lives, not everyone uses social media for good. In addition to the general negativity of people speaking cruelly or spreading rumors, there are specific activities that break the law.</p>  <p><strong>How do you know what is against the law when it comes to social media?</strong></p>  <p>First and foremost, assume that any activity considered unlawful elsewhere in life is also illegal on social media. For instance, prostitution is just as illegal on social media as it would be if you were approaching someone in a bar or on the street, and likewise if you are the one interested in hiring the prostitute.</p>  <p>Another example of activity considered legal on or off social media involves adult interactions with minors. Every adult on social media needs to carefully monitor his or her behavior with underage followers and friends. Even if your intentions are innocent, your conversations are viewable by the world and if someone misinterprets anything it can lead to big trouble.</p>  <p>In a similar example, using social media to exchange child pornography with other users is also illegal. Remember child pornography laws apply to more than just middle-age men and women preying on young children. Teenagers and people in their early 20s have been charged with a crime when their under age significant other willingly shared pornographic photos.</p>  <p><strong>Internet Bullying</strong></p>  <p>In many instances, crimes begin on social media and carry over into real life. Had the occurrence taken place only on line, it might not have been illegal. In several instances of teen bullying, classmates began a verbal attack on social media that eventually escalated to physical violence. There are efforts underway to create stricter rules to govern bullying and verbal abuse on social media, but anything put into place to protect victims must not to infringe on another’s first amendment rights. Keep in mind it is always possible to report abusive behavior to the social media platform and in many cases, the abuser will be banned.</p>  <p>Finally, it is important to realize that if you are using social media in a negative manner and something tragic occurs, attorneys and law enforcement will aggressively work to charge you with any crime they can. Even if your actions with social media are not illegal, they will look for a secondary crime to ensure you are blamed and punished for the tragedy.</p>  <p>One example of this took place in Missouri beginning in 2006 and resulted in a young girl committing suicide. Megan Meier was victimized by a classmate’s mother, claiming to be a boy approximately the same age as Meier. The woman lured Meier into a friendship and then turned on her, and after months of abusive MySpace messages Meier took her own life. Though the mother could not be charged with homicide, she was indicted on three counts of accessing protected computers without authorization to obtain information to inflict emotional distress and a single count of criminal conspiracy. Just because you are not putting a gun to someone’s head does not mean you can not be held responsible for your behavior.</p>  <p>If you are concerned about legal and illegal behavior related to social media or you have been <a href="/criminal-defense/computer-crimes-defense/">accused of a crime</a> related to social media use, contact <a href="/lawyers/">David Lindsey</a>, <a href="/lawyers/m-david-lindsey-esq/">Denver criminal law attorney</a>. It is important to discuss your case as soon as possible and determine if you are at risk for being charged for a crime.</p>  ]]></content:encoded>
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                <title><![CDATA[What is the Difference Between Hacking and Phishing?]]></title>
                <link>https://www.mdavidlindsey.com/blog/what-is-the-difference-between-hacking-and-phishing/</link>
                <guid isPermaLink="true">https://www.mdavidlindsey.com/blog/what-is-the-difference-between-hacking-and-phishing/</guid>
                <dc:creator><![CDATA[David Lindsey, Attorney at Law]]></dc:creator>
                <pubDate>Mon, 04 Aug 2014 21:21:54 GMT</pubDate>
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                
                    <category><![CDATA[Computer Crimes]]></category>
                
                    <category><![CDATA[Hacking]]></category>
                
                    <category><![CDATA[Internet Crimes]]></category>
                
                    <category><![CDATA[Phishing]]></category>
                
                
                
                <description><![CDATA[<p>Hacking and phishing are likely two terms you are familiar with, but unless you have been a victim or you work in an industry related to computer security you might not understand the difference between the two. Both crimes are typically committed by nefarious individuals intending to defraud someone out of money. However, in some&hellip;</p>
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                <content:encoded><![CDATA[ <p>Hacking and phishing are likely two terms you are familiar with, but unless you have been a victim or you work in an industry related to computer security you might not understand the difference between the two.</p>  <p>Both crimes are typically committed by nefarious individuals intending to defraud someone out of money. However, in some cases, innocent actions can be misconstrued as an attempt to commit a computer crime. This is especially true when a person’s job requires them to perform certain actions related to computer security, information gathering, or interacting with people via email or social media. Understanding hacking and phishing, and knowing the difference between the two, can help you protect yourself from becoming a victim of criminals. It can also help you protect your freedom if you are accused of a crime.</p>  <p><strong>Phishing</strong></p>  <p>Phishing is an illegal means by which to acquire the information consumers use to identify themselves online. For instance, many phishing scams target usernames and passwords to sites that store credit card or bank information. An example would be when a criminal sends an email to a consumer that claims to be correspondence from his or her bank. The email includes a link that appears to be the bank’s website. The victim clicks the link and enters his or her sign-in information. However, the link was actually to a look-alike site that is designed solely for the purpose of collecting information illegally.</p>  <p><strong>Computer Hacking</strong></p>  <p>Hacking, in its simplest terms, is the act of gaining access to information to which you are not authorized. Hacking might have a similar intent to phishing, to defraud consumers in some way, but the means of doing so is different. Hacking can also be done for other purposes and is considered by the United States government a matter of national security. The FBI considers hacking part of its Computer Intrusions category of crimes, which also includes malware, spyware, viruses, worms, and bots.</p>  <p>Some consider phishing a form of hacking, but in hacking, the information is extracted involuntarily. The criminal is forced to take over a system, as opposed to baiting the victim into participating, as would be the case in phishing.</p>  <p><strong>Protecting Yourself</strong></p>  <p>Both hacking and phishing are on the rise and continue to increase in complexity. People who consider themselves smart enough to recognize an unusual email or fraudulent website have fallen victim to some of the more elaborate perpetrators. Likewise, hacking crimes have become more elaborate, as evidenced by the recent successful attempts to access credit card information of consumers shopping at Target and other retailers.</p>  <p>What does this mean for you? First, you need to protect yourself from the criminals and know how to recognize suspicious activity. Second, if you have a job that requires you access computer information, you need to know your limitations. There are instances in which people work as so-called ethical hackers and are responsible for finding weaknesses in the computer systems of their clients. If this is you, make sure you understand the parameters of each assignment and that you have extensive written details of the project.</p>  <p>Finally, if you consider yourself an “amateur hacker” and you just like to fool around occasionally without ever intending to steal or cheat, you can still get into a great deal of trouble. Gaining access to computer systems to which you are not authorized, even if you have no intentions of taking anyone’s money, is still a crime.</p>  <p>If you cross a line unintentionally or otherwise, I can help. I am an attorney that understands the complexities of computer crime laws and I know how easy it is to find yourself in trouble when you never intended to break the law. To learn more about <a href="/criminal-defense/computer-crimes-defense/">computer crimes defense in Collorado and Wyoming</a> , contact criminal law defense attorney David Lindsey, in Denver to <a href="/contact-us/">schedule a free consultation</a> to discuss the specifics of your situation.</p>  ]]></content:encoded>
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