Federal law enforcement may want to search your computer’s contents at some point if you’re under investigation for cybercrime. Computer evidence might be valuable for prosecuting many other crimes as well. So, it’s essential to understand what your rights are if the federal government wants to search or seize your computers.
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Laws Governing Computer Searches
The most important law governing computer searches is the Fourth Amendment of the US Constitution, which guarantees your fundamental right to be safe from unreasonable searches and seizures and is the law that requires law enforcement to obtain warrants before conducting either.
In addition, federal law enforcement agents are bound by 18 U.S. Code § 2701, which prevents unlawful access to stored communications, as well as 18 U.S. Code § 3121, which prohibits individuals from using trap or trace devices on electronics unless they have obtained a court order or an order from a foreign government subject to an executive agreement.
There are always loopholes law enforcement can use to get at your data. For example, if the person’s “reasonable expectation of privacy,” they may not need a warrant to get at your data. There are also established exceptions to warrant requirements that law enforcement may, at times, use.
When Do You Have a Reasonable Expectation of Privacy?
No hard and fast rule exists. In general, if your machine is located within your home at all times, you should expect privacy.
Out in public, your laptop is generally treated like a closed suitcase or container. Law enforcement isn’t allowed to get into it without a warrant, just like they would not be able to open up your bag without a warrant.
Relevant cases include:
- United States v. Heckenkamp in 2007 established a reasonable expectation of privacy in a personal computer, as did United States v. Lifshitz in 2004.
- United States v. Al-Marri in 2002 notes computers should be treated as if they were closed containers.
- In United States v. Andrus in 2007, the courts ruled that a personal computer is often a repository for private information the owner does not intend to share with others and can be considered one of a person’s most private spaces.
Any information you make openly available to others no longer falls under the reasonable expectation of privacy protection. For example, law enforcement may access documents freely if you store them on a public computer such as a library or university computer or place files in a shared drive while connected to a network.
You can even lose the expectation of privacy if you bring a malfunctioning computer into a repair shop. If the repair person shows that data to law enforcement, they can retain it without incurring issues with the Fourth Amendment. The same would not be true if the repair person were already acting as an agent of law enforcement for some reason.
What Must Be Specified in the Warrant?
Case law has been fuzzy about whether warrants cover the entire contents of a machine or just specific files that law enforcement cares about.
Generally, it’s wise to expect that once law enforcement officers receive a warrant to search a computer, they’ll inspect the whole thing, and courts will uphold their right to do so. There have been exceptions, and your NYC criminal defense lawyer may still be able to challenge the search. Nevertheless, such a challenge would be a bit of a long shot.
4 Types of Fraud That Require the Help of a NY Computer Fraud Lawyer
In NY, cyber crimes, such as computer fraud or cyber extortion, all fall under a handful of criminal statutes in the NY Penal Law. This limited number of criminal offenses, which include unauthorized use of a computer, computer trespass, and computer tampering, actually cover an extensive number of criminal actions. These statutes cover nearly every criminal action or scheme that involves the use of a computer, computer, network, or computer system, and an NY computer fraud lawyer handles all of these cases. These four scams and schemes are among the most common in the state:
- Phishing Scams and Similar Spam: A typical phishing scam begins with an email that comes from a business or individual but claims to be from a different, legitimate business. The email might appear to be from the victim’s bank or other trusted entity and tries to the lure the victim into providing sensitive, personal data. This data is then used to obtain a financial windfall or another unlawful benefit, either at the expense of the victim or another entity.
- Malicious Software: Malicious software, or malware for short, is any software that is intentionally created to destroy or disrupt a computer, computer network, or computer system. The harm caused by malware varies. A computer infected with malware can incur all types of problems, including the destruction of files or data, destruction of an entire system, or information skimmed from the infected computer.
- Identity Theft and Fraud: In NY law there is a specific statute that criminalizes identity theft and fraud. When the theft or fraudulent action is committed over a computer network or system, the acts can also be charged as a cybercrime. Whether you are charged under NY’s robust identity theft laws or with computer fraud, an NY computer fraud lawyer should take the case.
- DDoS Attacks: DDoS, which stands for distributed denial of service, attacks is an explicit type of cyber terrorism or cyber warfare. A DDoS attack overwhelms a computer system or network in order to make it inoperable or disrupted. This result is achieved by hitting the computer or server with an intense amount of traffic.
If you are facing charges of computer fraud, or another cybercrime in NY, you should hire an NY computer fraud lawyer for your case. There is no replacement for in-depth knowledge of current technology, today’s computer capabilities, and recent advancements. And there is no replacement for an understanding of how changes to technology can be used in court to prosecute or defend charges of computer fraud.
5 Times Your Business Could Be Committing Computer Fraud in NY
As NY law enforcement and prosecutors focus on computer fraud and similar offense, more people than ever fall under investigations. How can you ensure your online actions won’t make you the target of their efforts to reduce computer fraud in NY? Avoid engaging in any of these actions that could qualify as computer fraud, or at the very least be mistaken for a crime.
- Sending Out Hoax Emails to Acquaintances and Businesses: If your friends are prone to jokes and jests over email, don’t become carried away. There is nothing criminal about sending a fake email to someone you know well and intending it as a joke, but your actions become suspicious and possibly criminal when you expand your network of recipients.
- Mining for Personal Information and Data: It can be tough for a new web developer, marketing agency, or startup to garner the information needed to make sales. However, employing your technology skills and know-how to illegally mine for personal information and data is a huge mistake. Whether you are hacking computer systems to learn names and email addresses or setting up software to pullback other information about visitors to your website, without their knowledge, you are committing computer fraud in NY.
- Not Fulfilling Online Orders: Sadly scams have become a regular occurrence on eBay and other websites that sell or exchange goods, such as Craig’s List. When an individual on these sites takes orders that aren’t fulfilled or accepts payment for one product and provides a much cheaper alternative, an NY prosecutor can levy charges of computer fraud.
- Installation of Malicious Software: Viruses and other malicious software cause substantial problems for individuals and business in NY. The actors that install this software, through websites, downloads, email content, and social media messages, are charged with serious crimes by an NY prosecutor. Even if you don’t intend to steal personal information or commit identity theft with malicious software, you may still commit a cybercrime. In NY, it is sufficient to direct traffic to a malicious website or send an email with an embedded virus.
- Phishing for Personal Information: Another common type of computer fraud is a phishing scam. A phishing scam is criminal when an email is distributed with a request for bank accounts, credit card numbers, or other personal information with the intent of collecting and using such information to commit a crime.
If you are accused of computer fraud, for any reason or set of online actions, you need to hire an NY computer fraud lawyer for your defense. Our team at Koch Law focuses on cyber crimes, including computer fraud in NY. You can reach our office and schedule a free consultation by calling (844) 562-4529.
What Qualities Matter When Hiring a NY Lawyer for a Computer Crime?
If you are facing charges for a computer crime in NY, you need an NY lawyer that can expertly handle the case. Some of the qualities you should look for during an initial consultation or early conversations with an NY lawyer are:
- Find a Law Firm that Prioritizes Computer Crime Cases: A full-service criminal defense firm, such as Koch Law, handles all types of criminal charges. Whether you are charged with a minor misdemeanor or serious felony offense, Koch Law can take your case and provide knowledgeable and skillful defense. Our range of experience extends from theft charges to cybercrimes. However, we’ve dedicated a substantial part of our practice to computer crimes in NY.
- Look for an NY Lawyer with Experience Defending Your Crime: Given the pace of computer crime and the depth of knowledge required for your defense, you need an NY lawyer that has previously defended the charges you are now facing. You can determine a cybercrime lawyer’s level of experience during an initial consultation. At Koch Law, this consultation is free.
- Keeping Up with Current Technologies: Many people facing charges for a computer crime in NY are well versed in technology and the current changes in technology. Use this knowledge to question a criminal defense lawyer about their familiarity and knowledge. If an NY lawyer can’t explain the underlying technology involved in the accusations against you, that same lawyer is unlikely to represent you fully in court.
- Well-Rounded Knowledge of NY’s Computer Crime Laws: There are two sets of laws applicable to computer crime charges in NY. An offense can either fall under federal or state law. Certain aspects of these statutes are similar, but there are differences. Plus, the procedural differences between state and federal court could impact the outcome of your case. When hiring an NY lawyer, you need someone experienced with the set of statutes applicable to your case.
- The NY Lawyer Is Trustworthy: Online reviews and testimonials are a great way to develop trust with a lawyer before you reach out. However, the best evidence of this quality is through personal conversations and experience with a particular NY lawyer. At Koch Law, we encourage every new client to sit down with a lawyer from our team in a free, confidential consultation. Without making any commitment to hire our firm, you can talk to us about your case – and it is entirely confidential. To schedule this consultation with our NY office, call (844) 562-4529.
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Search Is Complicated
Search and seizure rights are complicated in any case. Many grey areas and issues can render a search inadmissible.
Fortunately, you don’t have to do any guesswork. Just tell your criminal defense lawyer about the search during your case review. Your lawyer can then determine if there is any avenue for challenging the search in court.
In the meantime, if anyone asks permission to search your electronics, you should always ask for a warrant. If you give your consent, law enforcement may search your devices freely and may even gain access enough to plant files that could convict you. When in doubt, just say no.
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