INTERNET
- CYBER/INDENTITY CRIMES
THE INTERNET
HAS BECOME AN AREA RIFE WITH LEGAL COMPLICATIONS
The internet has broadened communications
between people worldwide. It has also opened up numerous
areas of potential legal liability. Some of these
areas include threats against people over the internet
that can be the subject of restraining orders, libel
lawsuits or criminal stalking cases; misappropriating
someone’s identity for fraudulent purposes;
illegal “sexting” of
pornographic images; and government
“stings” against computer users such as
child pedophiles.
Kenneth H. Lewis
has been a Los Angeles attorney for over 30 years.
He has handled numerous internet,
cyber and identity crimes.
This is a specialized area of the law, and few attorneys
have experience in this area and know the “in’s
and out’s” of internet cases.
Aren’t Internet Communications
Between Two People Private?
Not necessarily. With the right
software, one party can download and print, or even
forward, internet communications to another person.
Libelous or threatening communications can thus be
preserved and used against a party. The police and
authorities may even be able to use these communications
against a party in a criminal case. Never assume a
computer communication is private.
What if I Erase a Computer
Communication? Isn’t it gone?
Probably not. Deleting something
on a computer hard drive usually just removes the
file name or identification from the operating system.
The actual writing remains on the hard drive and can
usually be recovered with special software; software
that virtually all good police department forensic
laboratories own.
What if I Send Something Anonymously?
I Can’t be Found, Can I?
Not true. All internet sources
have an “IP address” which is like a letter’s
return address. It has also been analogized to an
“electronic fingerprint”. Unless elaborate
precautions are taken, the sender of an internet communication
can be easily traced.
Can I be Prosecuted for Something
I Communicate Over the Internet, or Have a Restraining
Order Issued Against Me?
Since internet communications
are not really private, can often be traced and are
hard to erase, anything you say over the internet
can be used against you if it is threatening, harassing,
annoying, constitutes stalking, or would otherwise
disturb the peace of another party. These communications
could form the basis of a Domestic Violence Restraining
Order pursuant to the Domestic Violence Prevention
Act, Family Code Sections 6200-6409. Or they could
be the basis for a Civil Harassment Restraining Order
pursuant to Code of Civil Procedure Section 527.6.
They could even be used in a criminal stalking prosecution
under Penal Code Section 646.9.
Can I Get in Trouble for Sending
Sexy Pictures of Myself or Someone Else Over the Internet
if I Have Permission?
While pornography maybe all
over the internet, that does not make it legal. Certainly
sending pictures of underage parties (i.e. under 18
years of age) is illegal. The mere possession of pornographic
images of a child is also against the law. That means
that if a picture is downloaded onto your computer,
you have violated at least two California laws, “possession”
and “duplicating” child pornography, California
Penal Code Sections 311.11(a) and 311.3. There may
also be violations of federal law. Minors have even
been prosecuted for sending nude pictures of themselves
over the internet, so-called “sexting”.
Are Prosecution of Internet
Identity Crimes Difficult?
Not necessarily. While it takes
computer expertise for the government to be able to
prove an internet crime, increasingly
police departments are developing the necessary skills
to investigate and prosecute internet identity
crimes. As mentioned above, the searching
of hard drives for information is very sophisticated,
and the use of sting operations is becoming more commonplace.
Merchants are beginning to develop new techniques
to identify identity fraud and theft
and are demanding prosecution by the authorities.
Why Hire Kenneth H. Lewis to
Defend Internet/Cyber/Identity Crimes?
The prosecution of these types
of crime are relatively new to the criminal justice
system. Few lawyers have the legal experience, much
less the computer knowledge, to successfully defend
these type of cases. Besides requiring the “usual”
expertise required of a good criminal defense lawyer,
the additional requirements of internet crimes
calls for an attorney that has unusually good cross-disciplinary
skills in order to present the most effective, cogent
and successful defense possible.
Call or e-mail Ken Lewis now
to schedule a FREE CONSULTATION at:
213-624-4904, day or night. The consequences of an
internet criminal case are too great to be left to
anyone without direct internet case experience.
LAW OFFICES
OF KENNETH H. LEWIS & ASSOCIATES
633 West Fifth Street, 26th Floor
Los Angeles, CA 90071
TELEPHONE:
213-624-4904
E-MAIL: Kenhlewis@losangeleslegaldefense.com
FAX: 213-623-7301
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