The Computer Fraud and Abuse Act of 1986 was the first piece of federal legislation to prescribe criminal penalties for hacking, tampering and accessing protected computers belonging to financial institutions or the US government.  Additionally, it made most forms of computer fraud a federal matter due to the interstate nature of these schemes.  The CFAA was amended several times, most recently in 2008 to combat identity theft.

Criminal offenses prosecuted by the federal government under the CFAA include:

-        Stealing or accessing financial records from a protected computer

-        Disabling or otherwise hindering a protected computer

-        Accessing a protected computer with intent to defraud

-        Using code, virus or a program that causes injury or losses of at least $5,000.

-        Trafficking information stolen from protected computers or the password to those computers

One does not have to be a sophisticated computer expert or hacker to commit an offense under the CFAA.  There are a number on instances where the CFAA can be and has been applied.  This includes taking electronic data from competitors and even overloading an essential computer system, as the Laborer’s International Union of North America found out in 2011 when their emails crashed the messaging system of a company during a labor dispute.

A New York computer crimes defense lawyer will be useful when dealing with charges under the CFAA.  The lawyer will able to explain the potential case against you and help you formulate a defense strategy.

To set up an immediate consultation, contact us at (516) 204-7611 so that you may learn about your potential legal options on computer crimes.

When you think of spam, the first thing that would probably enter your mind is E-mail spamming, which is the practice of sending unwanted e-mail messages in large quantities to a set of recipients. E-mail spamming, in most cases is more annoying than harmful.

Email spamming is one of the most common forms of spamming, but it is not the only form of spam there is. According to the newly implemented federal CAN-SPAM Act of 2003, the act of spamming is sending large amounts of unsolicited messages, which pertains to many forms of media abuse such as Social Networking spam, Instant messaging spam, Web search engine spam etc.

The federal law or more specifically: 18 USC § 1037 has provided a means for prosecuting spam, but these offenses address only more egregious violations violation of the CAN-SPAM Act, which is often taken in accordance with another form of computer crime.

For example, if a perpetrator knowingly and intentionally sends sexually explicit emails that mislabel the email, then legal officials may have probable cause to impose criminal charges on the spammer. Intent in this case is usually proven when the perpetrator has taken significant steps to hide his or her identity or the source of the spam from recipients or law enforcement agencies.

When faced with cybercrime charges, you should seek legal advice from a skillful federal attorney who is experienced in such areas of intellectual property. If you have been investigated or arrested for a computer crime on Long Island, then call our Long Island computer crimes criminal defense attorneys at (516) 204-7611.

Yes. According to 18 USC §1029, the term “access device” includes various forms of passwords such as account number, personal identification number, and electronic serial number.

In most criminal cases, these access devices are often passwords used directly to access bank and credit card accounts. Access devices can be used, alone or in conjunction with another access device, to fraudulently obtain money, goods, and services.

Password trafficking is a more current and prevalent cybercrime that has reached the attention of the Federal Bureau of Investigation (FBI), and the Department of Justice’s Computer Crime & Intellectual Property Section. Password trafficking usually involves more than one defendant; a hacker would often obtain a secured password and later illegally shares or deals the password with another co-conspirator.

How Does The Federal Government Investigate On Password Trafficking?

As long as the password trafficking has affected interstate and foreign commerce, and the resulting lost to the government is large enough, the FBI or the DOJ’s Computer Crime & Intellectual Property Section will exercise its jurisdiction to investigate.

Banks and financial institutions are often equipped with a large cyber security team to identity any suspicious cyber activity. Once the bank’s investigation team picks up a discrepancy, it is referred to the Federal government.

If you are being investigated or arrested for password trafficking or another computer crime on Long Island, then call our Long Island computer crimes attorneys at (516) 204-7611 to get professional legal advice.

Computers are becoming a bigger part of our daily lives, and for threats like worms, bots, viruses, spyware, malware, and hacking etc. have effected more than just computers but our daily lives as well.  It is only until recently that law enforcements have obtained the necessary resources to identify and investigate on potential cyber crime matters. As a result, cyber crime, in its many forms, continues to receive priority attention from legal enforcements, and prosecution rates of cyber crime is according going up.

Spam, they are annoying, but may also be illegal.

Some cyber crimes are carefully planned and then carried out on a grand and lucrative scale, but other offenses can be simple mistakes. One of these mistakes that have received more attention by federal and state investigators is spam.

In 2004, the federal government passed the CAN-SPAM Act, which bans many entrepreneurs and marketing firms from sending bulk commercial emails using false identities and misleading subject lines. Often at times, spammers under FBI investigation are investigated for allegedly using bulk commercial emails to tamper with another person’s computer, identity, and banking information.

Spamming can sometimes carry multiple charges, which is a tactic prosecutors tend to use to insure that the defendant is convicted of some crime after trial. For example, spamming can lead to unauthorized access which leads to unauthorized downloading could be two offenses carrying two sets of penalties. Additionally, most defendants tried for cyber crimes are tried for identity theft and conspiracy charges as well.

Most offenders do not realize that they are being investigated for cybercrime until after legal authorities approach them. When this happens, it beneficial for the offender to contact a federal criminal defense attorney with experience in the computer and intellectual property crimes, to assess the facts of his/her case.

If you are recently being charged with a cybercrime in Long Island or New York, then call our Long Island computer crimes defense lawyers at 516.204.7611 to get professional legal assistance.