Cyber/Internet Offenses

Internet and Cyberspace Crime Law governs crimes on the Internet. It is regulated by U.S. federal and state laws, as well as international laws. These are cyber and internet offenses that are committed through the use of computer networks and devices, although the crime committed does not target the actual computer or the network: Fraud and identity theft, phishing and pharming scams, corporate espionage, embezzlement, cyber terrorism, child pornography trafficking, and other forms of “hacking.”

Federal law defines computer fraud as the use of a computer to create a dishonest misrepresentation of fact as an attempt to induce another to do or refrain from doing something which causes loss. Criminals create fraudulent misrepresentation in a number of ways. First, they can alter computer input in an unauthorized way. Employees may embezzle company funds by altering input data. Second, criminals can alter or delete stored data. Third, sophisticated criminals can rewrite software codes and upload them into a bank’s mainframe so that the bank will provide its users’ identities to the thieves. The thieves can then use this information to make unauthorized credit card purchases.

Violators may be prosecuted under:

• 18 U.S.C. § 506 No Electronic Theft Act
• 18 U.S.C. § 1028 Identity Theft and Assumption Deterrence Act of 1998
• 18 U.S.C. § 1029 Fraud and Related Activity in Connection with Access Devices
• 18 U.S.C. § 1030 Fraud and Related Activity in Connection with Computers
• 18 U.S.C. § 1343 Wire Fraud
• 18 U.S.C. § 1362 Communication Lines, Stations, or Systems
• 18 U.S.C. § 2511 Interception and Disclosure of Wire, Oral, or Electronic Communications Prohibited
• 18 U.S.C. § 2701 Unlawful Access to Stored Communications
• 18 U.S.C. § 2702 Disclosure of Contents
• 18 U.S.C. § 2703 Requirements for Governmental Access

At Neff & Sedacca, we encourage a team approach utilizing the foremost experts in computer forensics. Often, these cases can have national and international implications. Our office maintains relationships with a network of attorneys nationally and internationally to assist our clients.