Federal Internet, Computer, and Cyber Crimes Lawyer in Missouri
Both state and federal laws prohibit certain unauthorized computer activity, and while the scope of federal regulations is more limited than state laws, they often carry harsh penalties, including years in federal prison. Combs Waterkotte has successfully handled over 10,000 cases since its founding. If you’ve been charged with federal internet, computer, and cyber crimes, you can count on our federal defense attorneys to fight for your freedom.
Federal internet, computer, and cyber crimes are complex. You need experience on your side. Contact Combs Waterkotte or call (314) 900-HELP right now for a free, confidential consultation.
Understanding Federal Computer Crimes
The federal government’s interest in cyber crimes started in the 1980s. Before then, it relied on the federal wire fraud statute to prosecute computer-based crimes. In 1984, Congress passed the first federal cybercrime laws.
Federal internet, computer, and cyber crimes statutes have expanded over the ensuing 40 years. While these laws now cover many more offenses, the federal government has tried to balance the federal government’s interests in investigating and prosecuting cybercriminals with the states’ interests in handling crimes that happen in their jurisdictions.
In addition to this policy, the Constitution limits the federal government’s criminal jurisdiction. As a result, federal internet, computer, and cyber crimes typically involve the following areas:
- Offenses within the federal government’s exclusive jurisdiction, such as copyright
- Crimes involving international or interstate commerce
- Crimes against the federal government
State prosecutors will typically take the lead in prosecuting criminal offenses that fall outside of these areas unless they implicate an important U.S. interest. Additionally, some areas, like child pornography, are covered by both state and federal statutes. In these cases, the accused might face prosecution in state as well as federal courts.
Statutes Covering Federal Internet, Computer, and Cyber Crimes
The U.S. Code includes several crimes that require computer access, copying, or transmission. However, while many federal crimes may be committed using a computer, such as bank fraud or money laundering, computer use is not a necessary element of the crime.
Some federal statutes that involve the use of a computer include:
Computer Fraud
The federal computer fraud statute, 18 U.S.C. § 1030, includes several offenses that occur when a person knowingly or intentionally accesses a computer without authorization to do any of the following:
- Obtain or transmit the government’s secret information
- Obtain financial records from a financial institution, card issuer, or credit bureau
- Obtain information from a U.S. government department or agency
- Obtain information from any protected computer
- Affect the use of U.S. government computers or systems
- Commit fraud and obtain anything of value over $5,000
- Damage the computer by transmitting a program, code, or command
- Recklessly damage the computer by accessing it
- Intentionally damage the computer and cause a loss by accessing it
- Traffic in passwords to allow others to access it
- Extort or demand anything of value through a threat to damage or obtain information from the computer
In most cases, these offenses must be committed against a “protected computer.” This term encompasses these computers and systems:
- Financial institution systems
- U.S. government systems
- Systems used in interstate or foreign commerce or communication
- Voting systems and computers used to manage or administer elections
- Systems that have moved or affected interstate or foreign commerce
- Prosecutors can use this statute to prosecute most strategies used by hackers, including hacks, viruses, denial of service attacks, and ransom attacks.
Wiretapping
Another area of interest for the federal government is wiretapping. Specifically, the U.S. has a law against intercepting electronic communications that prohibits the following acts:
- Intercept a wire, electronic, or oral communication
- Attach a device to a wire or capture radio waves to intercept a communication
- Disclose to another person the contents of an intercepted communication
- Use the contents of an intercepted communication
- Use information from a legal wiretap to obstruct a lawful investigation
Notably, this law can be used to prosecute people who bug or wiretap communications that affect interstate or foreign commerce. Thus, this statute can be used to pursue charges for national security espionage as well as commercial or industrial espionage.
Possible Defenses Against Federal Internet, Computer, and Cyber Crimes Charges in Missouri
Our skilled federal defense attorneys can tailor a criminal defense strategy to fit the specific facts of your case. Some defenses that may apply include mistaken identity, lack of intent, and illegal search.
Mistaken Identity
Computer crimes often rely on forensic computer evidence. However, this evidence is not always as precise as law enforcement agencies and prosecutors claim. For example, the FBI might claim that an IP address led them to your computer, but you might share the same IP address as others in your workplace or residence.
Moreover, a roommate or co-worker might have used your computer to deliberately lead investigators away from their devices. Worse yet, someone might have masked their IP address by hacking into your ISP’s system. The real perpetrator who framed you might not even be in the U.S.
We can raise this defense by presenting alibi evidence showing that you could not have committed the crime. We may need the help of an expert witness to review the prosecution’s evidence and show that it does not incriminate you.
Lack of Intent
Prosecutors must establish that you knowingly or intentionally accessed or used computer systems you should not have. If you inadvertently accessed a system or copied data, we can defend you by presenting evidence showing your lack of intent.
For example, suppose that you found a file online and downloaded it, thinking that it was a game file. If it turned out to be stolen government information, federal prosecutors might pursue espionage charges against you. We can defend you by showing that you did not knowingly access secret government data.
Illegal Search
The U.S. Constitution restricts the government’s authority to search your property, including your electronic devices. To perform a legal search, the police need a search warrant, your permission, or evidence showing that the search falls into an exception to the Fourth Amendment’s warrant requirements.
If we can successfully challenge the search of your electronic devices, a court may throw out any evidence collected in that search. Equally importantly, the court can also throw out any evidence recovered as a result of the illegally seized information.
