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 one person is paying to utilize the service but many people benefit.

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

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.

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.

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

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.

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.

Computer Fraud and Abuse Act

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.

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.

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.

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

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.

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.

Future of Password Sharing

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.

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.

If you’d like to learn more about the CFAA, check out this information from the National Association of Criminal Defense Lawyers.

If you’ve been accused of a crime related to password sharing or account or device access, contact David Lindsey to discuss your situation.

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 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.

This isn’t always the case though.

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.

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.

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 here.

What is Best Buy and the Geek Squad Doing with the Feds?

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.

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.

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.

What Happens If the Geek Squad Finds Something on Your Computer?

When questionable materials are found on a customer’s computer, Best Buy employees report it to the FBI and the device is seized.

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.

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.

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?

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.

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, contact David Lindsey to schedule a free consultation.

What is Computer Crime

As the world continues to become increasingly more computerized and digital, people find themselves in situations they don’t fully understand – especially from a legal standpoint.

Lawmakers are aggressive about keeping up with technology and sometimes, computer crime laws end up affecting people who have done nothing more than make a mistake.

Making matters worse, a conviction of computer crime can result in significant fines and even a prison sentence. This is why it’s so important to contact a criminal defense attorney if you are accused of a computer crime, even if you know you did nothing wrong.

If you’ve been accused of any of the following, you need the guidance and support of an experienced computer crimes attorney:

• Hacking
• Identity theft
• Denial of service attacks
• Credit card fraud
• Violation of pornography laws

Why Do You Need a Defense Attorney Who Understands Computer Crimes?

How can a defense attorney help you if you’re accused of any of the above?

1. Experienced defense attorneys are able to negotiate with prosecutors. This can mean reduced charges and less severe sentence.
2. Criminal attorneys can provide a much-needed glimpse into reality. It’s easy to get so caught up in your perspective of the case that you’ll need someone to explain the likely outcome you’re facing.
3. Defense attorneys have a better shot at collecting witness testimony. People are more likely to talk to defense attorneys or investigators because there is less to fear. You might know you’re innocent, but a witness might not see you that way.
4. Defense attorneys might be able to work with the justice system to create a sentence customized to your needs. This reduces the risk you’ll face further legal action in the future.

If you’re a part of the latter group, you don’t need to worry. But if you’re in the former, there could be cause for concern, depending on the content and recipient of your messages.

For those who don’t know, a “sext” is a text message containing sexually suggestive or graphic material. In many cases, sexts include nude or erotic photographs of the sender. These messages are a techno way to flirt (or harass) taken to the absolute extreme, and the practice has been popular among people of all ages since text messaging on mobile telephones became possible.

For many, sexting is nothing more than keeping the spark alive in their committed relationship. It’s risky, but since you’re doing it with a spouse or long-term love interest, there’s a good chance nothing will ever come of it.

But for others, sexting has ended careers and marriages, brought them great embarrassment, and even resulted in criminal charges.

What turns sexting into a crime?

Much of it depends on the ages of those participating and the type of message being sent.

Sexting Involves the Distribution of Pornographic Materials

You might not think of the photo you send to a friend or loved one is all that problematic. And chances are it won’t be – unless the photo includes pornographic material. Once you transmit a photo that is of you or anyone else without clothing on, you’ve essentially distributed porn.

To learn more about what is legally defined as pornographic, check out this page.

Most people don’t take their sexts all that seriously, but this is one of the reasons it’s so important to consider what you’re doing before you do it when it comes to messaging. Even via text, these messages aren’t 100 percent private, and if the person to whom you’re sending a message chooses to betray your trust, there’s little you can do to protect your privacy. (Revenge porn is being addressed legally, but the laws are still evolving and even the best law in the world does nothing to protect you if it’s ignored.)

Is Sexting Illegal in Colorado?

The good news is sexting, in general, isn’t necessarily illegal – as long as the sender and recipient consent to participating in the exchange and the photo contained in the exchange is of someone over the age of consent.

Sexting becomes criminal when there is someone underage involved.

Colorado does not have a separate law to address sexting between minors, which means any message sent that contains an image of someone underage, even if the sender and/or recipient are underage, is considered no different than if the sender were an adult.

If a teenager is caught creating, distributing, or possessing pornographic images of a minor (even if it’s him or herself) it is a felony. Something that seems relatively innocent (or at least not a predatory adult sending child pornography files) will actually be charged as sexual exploitation of a minor.

Obviously, if it is an adult sending or receiving nude or suggestively suggestive photos of a minor via text or any other electronic transmission, it’s easy to understand why he or she would be guilty of a crime.

But what about teens exchanging messages with one another?

Let’s say your daughter is 15 and sends a photo of herself to her 16-year-old boyfriend. This can still result in felony charges. Furthermore, because you likely own the device on which the sext was sent and you’re responsible for your child’s actions, you too could be held legally accountable and charged with both state and federal crimes.

The penalties for sexting are severe. Juveniles can expect to go through the juvenile justice process, which can ultimately reduce the penalty to house arrest, probation, or a fine, depending on the circumstances. An adult receiving or distributing sexual images of a child can expect to spend at least a year in prison and pay up to $750,000 in fines.

Is It Illegal to Sext?

The bottom line when it comes to sexting?

It’s risky no matter who’s involved.

Even if you are an adult in a committed relationship with another adult and you both agree that exchanging explicit images is fine, you’re taking a risk with your privacy. And if you’re sending images to someone without his or her consent, or you’re interacting with a child or the subject of the photo is a child, you’re breaking the law, even if you’re the child sending pictures of yourself.

If you’ve been accused of sexting crimes, you need the support and guidance of an experienced attorney. To learn more, contact David Lindsey to schedule a free consultation.

But what happens if you’re accused of a crime or you have information law enforcement wants access to and they ask for your passwords? Is it legal if you are forced to share your passwords by the police or the court?

For the most part, no, you cannot be forced to share your password. Of course, there are exceptions and laws regarding electronic security are ever-changing. Things are especially complicated when someone accused of a crime is asked to give up his or her password.

In most cases, defense attorneys argue that being forced to share a password is a violation of a defendant’s Constitutional rights. Under the Fifth Amendment, those accused of a crime are protected from having to give testimonial evidence that would be incriminatory. So while the court can order defendants to turn over handwriting samples and DNA, they cannot force someone to testify against themselves.

Defense attorneys argue passwords are something created by the defendant’s mind. It’s not a physical thing and therefore, the court cannot compel it to be shared.

On the other hand, prosecutors argue passwords are like keys to safes or lock boxes – and entirely up for grabs when it comes to evidence. And since it’s rarely the password itself they are after but the information protected by that password, it is simply a means to an end.

What to Do If Law Enforcement Demands Your Password

If you’re on trial and the prosecution asks for a password, you and your attorney will discuss how best to proceed.

But what if you’re asked for this information before you’re charged with a crime? Should you share your password if law enforcement demands you do so? And would not sharing a password be a crime?

If you find yourself in this situation, you should treat it as you would any other situation in which police want to speak to you about a crime. Ask to speak to an attorney before saying anything more to law enforcement. Their immediate access to your technological devices is prohibited by the Fourth Amendment, so without your consent, they’ll need a warrant to search your computer, phone, or any other device.

If law enforcement has a warrant by the time they ask for your password, it is legal for them to seize your technological, but you are not legally required to turn over your passwords. They can take the device, but not force you to share any information about that device.

For more information about your rights regarding your Fourth and Fifth Amendment rights when it comes to electronic devices, visit the Electronic Frontier Foundationthe Electronic Frontier Foundation.

Technology continues to evolve and it often takes the law some time to catch up to the advances. If you’ve been asked to share information or you’ve been ordered to turn over a device, you should contact an attorney immediately. For more information, contact David Lindsey.

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.

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.

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?

Every Case is Different

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.

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.

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.

What Can You Do If You are the Victim of a Trap?

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.

If you would like to speak to someone about your circumstances, contact David Lindsey to schedule a free consultation to discuss your situation.

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.

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.

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.

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.

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.

What’s on the Horizon and 2017 and Beyond?

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.

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.

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.

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.

What Should You Know about Wikileaks?

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.

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.

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.

But is What Wikileaks Doing Legal?

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.

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.

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.

Change Could Be Ahead for Wikileaks

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.

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 Politico.

So what’s the bottom line for the average person when it comes to whistleblowing and publishing controversial information online?

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.

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.

Want to learn more? Contact David Lindsey.

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 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.

What are Torrent Files?

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.

For more details on how Torrent file sharing works, check out this article.

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.

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.

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.

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.

Have a Spouse, Child, or Friend Using Your Computer for Torrent Downloading?

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.

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.

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.

Attacks on a Specific Target

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.

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.

Attacks on Payment Methods

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.

Attacks on Life on the Internet

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.

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.

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. Contact Denver Criminal Defense Attorney David Lindsey to schedule a free consultation to discuss your situation.

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.

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?

Search and Seizure

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.

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.

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.

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.

Interrogation

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.

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.

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.

Anyone with Security Clearance or Who Underwent a Background Check is at Risk

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.

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.

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.

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.

What Does the OPM Hack Mean for the Average Person?

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.

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.

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 support of an attorney who understands.

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.

What are the five most common computer crimes?

Use of Malware

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.

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.

Stealing a Person’s Identity

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.

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.

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.

The final three most common computer crimes on the list are the type that are more likely to trigger unwarranted accusations.

Cyberstalking

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.

Child Pornography

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.

Spam

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.

If you would like to learn more about these and other computer crimes, check out the FBI’s cybercrimes website.

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.

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.

Cyber Stalking vs. Identity Theft

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.

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.

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.

Are you concerned you are at risk of being a victim of cyber stalking? These tips can protect you online.

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.

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.

Accused of Cyber Stalking?

How do you avoid being accused of cyber stalking and what should you do if you are accused?

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.

Have you been accused of cyber stalking? Are you concerned interacting with someone online could get you into legal trouble? I can help. Contact David Lindsey, Denver criminal law attorney.

How do you know what is against the law when it comes to social media?

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.

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.

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.

Internet Bullying

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.

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.

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.

If you are concerned about legal and illegal behavior related to social media or you have been accused of a crime related to social media use, contact David Lindsey, Denver criminal law attorney. It is important to discuss your case as soon as possible and determine if you are at risk for being charged for a crime.

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.

Phishing

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.

Computer Hacking

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.

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.

Protecting Yourself

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.

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.

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.

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 computer crimes defense in Collorado and Wyoming , contact criminal law defense attorney David Lindsey, in Denver to schedule a free consultation to discuss the specifics of your situation.

If you are suspected of a computer crime, you will be exposed to rigorous and intrusive investigation by various law enforcement agencies, including the FBI. If convicted, you could face prison time, steep fines, and long-term penalties that affect your employment. An accusation of a computer crime, hacking, or any type of criminal activity on the Internet MUST be taken serious.

What Constitutes a Computer Crime?

Computer crimes come in all shapes and sizes. In some cases, crimes committed using a computer or online could result in multiple charges. Computer crimes include:

• Fraud
• Identity theft using a computer
• Denial-of-service attacks
• Some instances of spamming
• Deliberate circumvention of security systems
• Unauthorized access to or modification of programs (hacking)
• Intellectual property theft, including software piracy
• Industrial espionage through access to or theft of computer materials
• Creating or spreading viruses or worms
• Salami slicing (stealing money repeatedly in extremely small quantities via computer)
• Making and digitally distributing child pornography

Accidental Crimes

Unfortunately, there are instances in which individuals are accused of computer crimes that were unknowingly committed. Criminal computer activity is extremely complex and a person can break the law without even realizing it. This is especially common for those working in the data industry. A simple push of the wrong button could result in actions that appear to be criminal.

The Internet has expanded our reach throughout the world and it is easier than ever before to communicate with people at the drop of a hat. Despite the benefits, this opportunity has created a great deal of risk, too. Every time you open an email attachment or strike up a discussion, you are at risk. Often, computer crime charges result from misunderstanding or ignorance. If your actions have led to accusations of criminal behavior, you need the assistance of a computer crimes attorney.

Proving a law has been broken unintentionally is an important part of a solid defense strategy. If you have been accused of a computer crime, but had no intention of breaking the law, you need the support of an attorney that understands the complexities of computer crime laws. Contact David Lindsey, Denver criminal law attorney to schedule a free consultation to discuss the specifics of your situation.