The internet has revolutionized how people interact, work, and conduct business, but it has also opened up new avenues for criminal activity. To combat this, federal agencies such as the FBI, the Secret Service, and the Department of Justice (DOJ) have established specialized units to investigate and prosecute internet-related crimes.

These agencies, with their significant resources and advanced technologies, are adept at tracking illegal online activities and working with international partners to build cases against alleged offenders. Their unparalleled expertise in this field not only provides reassurance to the public but also instills a sense of security, knowing that these capable entities are actively working to combat internet crimes.

There are several successful defenses for internet crime charges, such as a lack of intent, a lack of knowledge, and insufficient evidence.

Federal law broadly categorizes internet offenses as those involving the use of computers or online networks to commit illegal acts. Investigations often span state and even national boundaries, elevating the cases to federal jurisdiction.

Individuals accused of internet crimes often face prosecution under complex statutes, which carry severe consequences, including fines, imprisonment, and, in some cases, long-term reputational damage. The gravity of these charges cannot be overstated, underscoring the seriousness of the issue and making the audience fully aware of the potential consequences, thereby emphasizing the need for caution and understanding of the law.

Internet fraud, also known as cybercrime, has seen a significant increase in California over the past several years. This broad term encompasses various types of fraud crimes, including phishing emails that request personal information, online romance scams, and fake ticket or prize offers. The surge in internet fraud in California underscores the urgent need for a robust defense strategy, enabling individuals to protect themselves effectively and emphasizing the importance of proactive measures.

In the most general terms, the crime of fraud involves deceiving someone to induce them to relinquish something they value, typically money. It's like a digital con game, where the internet is the playing field and personal information is the prize.

For example, suppose you are accused of phishing to obtain someone else's personal information, such as a Social Security number, via email. In that case, you may be charged under California's identity theft laws (Penal Code 530.5 PC). You can be convicted of identity theft for using someone else's personal information for "any unlawful purpose.

Common Internet Crimes

Internet crime charges involve alleged criminal offenses involving computer systems or electronic communications. Under federal and state law, these charges carry severe penalties, including prison time and substantial fines. The consequences of these charges can have long-term effects on a person's life, including a criminal record that can affect future employment opportunities and personal relationships.

It's crucial to understand the gravity of these charges and the need for a robust defense strategy. Internet crimes cover a wide range of alleged illegal activities. Some of the most common include:

• Hacking: Unauthorized access to a computer system or network, often to obtain sensitive information, disrupt operations, or cause damage. California Penal Code 502 PC prohibits unauthorized computer access, also known as the Comprehensive Computer Data Access and Fraud Act. 
• Internet Fraud: Using the Internet to deceive or defraud others. This can include phishing schemes, where individuals are tricked into revealing personal or financial information, auction fraud, and scams involving online transactions.
• Identity Theft: Illegally obtaining and using someone else's personal information, such as Social Security numbers, credit card details, or bank account credentials, often for financial gain. The Identity Theft Enforcement and Restitution Act expands the laws addressing identity theft and cybercrime. It removes the requirement that the offense result in at least $5,000 in damages. This change empowers federal law enforcement agents to more effectively pursue individuals accused of internet crimes, enabling them to take stronger action in these cases.
• Child Pornography: Crimes involving the possession, distribution, or production of illicit content involving minors.
• Money Laundering: Using digital platforms to disguise the origins of illegally obtained funds.
• Credit Card Fraud: A form of phishing involves using email or the internet to collect other people's credit card numbers, which can then be used to make unauthorized purchases. This type of phishing can result in charges of California credit card fraud under Penal Code Section 484e PC.
• Federal Phishing Law. Federal law prohibits transferring, possessing, or using, by email or other electronic communication, another person's means of identification, with the intent to commit or in connection with any other federal crime or state felony.
• Cyberstalking. Electronic harassment (cyberstalking) involves the use of the internet to annoy, abuse, threaten, or harass another person through email or social media. Under California Penal Code 646.9 PC, electronic harassment could be charged as a misdemeanor or a felony.
• Online harassment: Using the internet to stalk, threaten, or harass others is a serious offense. State and federal lawmakers are addressing this issue through new legislation.

Common Defense Strategies

Digital evidence forms the backbone of most internet crime prosecutions. This includes IP address logs, email records, or files on your devices. Law enforcement typically seizes computers and phones during their investigation.

The technical nature of this evidence creates both challenges and opportunities. Electronic evidence must be properly preserved to be admissible in court. Improper handling can result in evidence being excluded. Your defense attorney can work with experts to review the evidence. Sometimes, the digital trail doesn't tell the whole story or may point to someone else entirely.

Defending against federal internet crime charges requires a tailored approach. Because these crimes are prosecuted under detailed and often specialized laws, the defenses that apply can differ significantly depending on the nature of the allegations. 

A hacking case would rely on statutes and evidentiary requirements that differ from those in an internet fraud case. That said, several overarching defense strategies have proven effective in federal courts, particularly when the defense team takes a methodical and well-researched approach.

Another strong defense involves challenging the evidence itself. Digital footprints can be misleading, which creates challenges for prosecutors. They often struggle to prove beyond a reasonable doubt that you committed the alleged crime. An IP address alone may not identify the user of a computer at a specific time. Multiple people may access the same device, raising doubts about who performed the actions in question.

Your defense attorney can highlight gaps in the evidence and question technical conclusions. By pointing out these weaknesses, we can often create doubt to secure a better outcome.

Let's look at some other common defenses to internet crime charges below, including lack of knowledge and insufficient evidence. These defenses can be effective in challenging the prosecution's case and securing a favorable outcome for the accused.

Lack of Intent

Many internet crime statutes hinge on the presence of criminal intent, also known as mens rea. For example, to be found guilty of hacking under 18 U.S.C. 1030 (Computer Fraud and Abuse Act), the government must prove the defendant willfully intended to access a computer system without authorization.

If the defense can show that you did not intend to engage in illegal activity-for instance, if your actions were accidental or the result of a misunderstanding can undermine the prosecution's case.

Simply put, many internet crimes require prosecutors to prove that the defendant had the requisite criminal intent. Without evidence that you knowingly committed an offense, the charges may not stand. This is particularly important in cases involving complex systems, where actions may have unintended consequences.

You might have accessed information without realizing you didn't have permission. Similarly, you could have downloaded content without knowing it was illegal. Your attorney can show that you had no intention to commit fraud through prior communications, your history of computer use, and witness testimony. All of these possible strategies can help establish that you did not intend to commit a crime.

Lack of Knowledge

Closely related to intent is the question of knowledge. Internet crimes often involve technical complexities, including accusations of using advanced tools like encryption or automated software. Defense attorneys can argue that you were unaware that your actions had the potential to constitute a crime. For example, someone accused of internet fraud might argue they lacked the knowledge that their online advertising practices violated federal laws.

Improper Handling of Digital Evidence

Federal cases often rely heavily on digital evidence, including email records, encrypted files, IP addresses, and server logs. However, the collection, storage, and analysis of this evidence must comply with strict legal protocols. If federal investigators fail to follow these protocols—for example, if they seize evidence without a proper warrant or mishandle digital data during the chain of custody—evidence may be excluded from court under the exclusionary rule.

Violation of Constitutional Rights

Defending internet crime charges may involve challenging violations of the defendant's Fourth Amendment rights, which protect against unlawful searches and seizures. Given the online nature of these cases, law enforcement agencies must obtain valid search warrants to access digital devices, social media accounts, and other electronic data sources. If a warrant was overly broad or lacked probable cause, the defense may argue that the evidence gathered is inadmissible, significantly weakening the prosecution's case.

Entrapment

Entrapment occurs when law enforcement officers or agents persuade an individual to commit a crime they would not have committed otherwise—a somewhat common occurrence in a climate where overeager investigators are attempting to crack down on a specific type of crime.

This defense requires demonstrating that the government's conduct was so coercive that you had no predisposition to commit the offense. For example, if an undercover agent deliberately encouraged you to commit illegal online behavior, entrapment could be a viable defense.

Credibility of Witnesses or Testimony

Some internet crime cases rely on testimony from witnesses, such as co-conspirators or informants, to establish their case. A defense attorney may scrutinize the credibility of these witnesses, highlighting inconsistencies, biases, or motivations to lie in exchange for favorable treatment from the government.

Defenses Against Specific Charges

• Identity theft. When facing identity theft charges, mistaken identity is often a powerful defense against these allegations. Sometimes, the person whose information was allegedly used may have given consent. Another defense involves challenging the connection between the defendant and the allegations made by law enforcement. Just because your information was found on a device doesn't mean you used it to commit fraud.
• Child pornography. These charges require an aggressive defense due to their severity. Possible defenses include a lack of knowledge about the content, files being downloaded automatically without your awareness, the content not meeting the legal definition, and the images being found through an illegal search.
• Hacking and unauthorized access charges. Defending against hacking charges often involves determining whether you lacked authorization. In many cases, access policies are unclear, making it difficult to determine what constitutes unauthorized access. Your attorney might also challenge whether any actual damage occurred from the alleged access. Without proof of harm or intent to cause harm, prosecutors may struggle to prove their case. Additionally, technical experts can assess whether the actions were feasible given your skills and the systems involved.
• Fraud and Phishing. When defending against internet fraud charges, your attorney might focus on whether you intended to commit fraud. Many online interactions that look suspicious have legitimate explanations. Challenging the financial loss claims is another strategy. If prosecutors can't prove actual damages, certain fraud charges may not apply. Your defense can also investigate whether law enforcement induced or entrapment occurred. In some cases, a skilled attorney can successfully argue entrapment as a defense.

Why You Need a Lawyer

Internet crime cases require specialized legal knowledge. Our skilled California criminal defense lawyers bring both legal expertise and technical understanding to your defense.

Building a strong defense starts with reviewing all evidence. We will analyze digital forensic reports, interview potential witnesses, consult with technical experts, examine the methods used to collect electronic evidence, and identify any constitutional violations that may have occurred during the investigation.

This approach will help us identify weaknesses in the prosecution's case and enable us to build a strong and convincing alternative narrative. If you're facing internet crime charges or believe you've been wrongfully accused, contact us to review the details and potentially challenge the prosecution's evidence. The criminal defense law firm of Eisner Gorin LLP is located in Los Angeles, CA.

Related Content:

• Sex Crime Victim Civil Lawsuits
• Common Federal Dark Web Crimes
• Defending Identity Theft Charges
• FBI - Malicious Cyber Activity
• Computer Fraud and Abuse Act
• Internet Crime Complaint Center