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.

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.