Common Computer Crimes
Key Takeaways:
- Computer crimes include cybercrimes and traditional crimes made easier with the use of the internet.
- Online phishing scams and malware can be used to commit criminal fraud and steal financial information.
- Many cybercrimes fall under federal jurisdiction because they use the internet, which crosses state lines.
Computers are an important and common part of our everyday lives. Computers provide us with many benefits like increased productivity and access to information. Computers can also create serious problems, including use for criminal activity.
There are generally two categories of computer crimes:
- Crimes that are specific to the use of computers
- Crimes facilitated by computers
Depending on the type of criminal charges, computer crimes can fall under state or federal criminal laws. For more information about cybercrimes, talk to a criminal defense attorney for legal advice.
What Are the Types of Computer Crimes?
Certain crimes would not be possible without the use of a computer. These can use individual computers, computer systems, or online access to commit fraud, theft, or other offenses. Examples of computer and internet crimes include:
- Hacking
- Phishing scams
- Delivering malware
- Cyberstalking
- Credit card fraud
- Cyber attacks
- Denial of service attacks (DDOS)
- Cyberterrorism
Hacking and Internet Crimes
The crime of hacking involves unauthorized access to a computer. The Computer Fraud and Abuse Act (CFAA) prohibits intentionally or knowingly accessing a computer or system. It also prohibits “the transmission of a program, information, code, or command” which “intentionally causes damage without authorization, to a protected computer.”
The Stored Communications Act (SCA) forbids the unauthorized access of stored electronic communications and data like email, texts, social media messages, and cloud computing storage. The Electronic Communications Privacy Act (ECPA) protects those messages and that data while in transit.
A hacker could access confidential information through a data breach or cause harm to a computer’s operating systems. No matter what the hacker’s motivation is, unauthorized access is a crime. There are “white hat” hackers who companies hire to find a computing system’s vulnerabilities. These hackers generally have valid authorization to access and test security measures.
Damaging or Threatening To Damage a Computer
Damaging or threatening to damage a computer deals with computer viruses or malicious software. It is illegal to attack a computer with a program or virus that will harm the computer or affect computer operations.
Ransomware is a type of malware that locks down a computer until the victim pays a ransom to release the computer information. Ransomware attacks can target individual users. More often, it involves extortion for companies that have large amounts of sensitive information.
Cyberbullying and Cyberstalking
Bullying has been around forever. Most acts of bullying, especially among school-age children, are not illegal. Cyberbullying is new, and many states have responded with laws prohibiting online harassment. Most states also require schools to have cyberbullying policies in place, some of which cover off-campus behavior.
Some states consider bullying through the use of a computer or electronic communication to be a felony crime. Other states don’t make it a crime but direct schools to punish students with suspensions or expulsion.
Cyberstalking is a type of stalking done online. Cyberstalking prohibits repeated threats made through the internet or social media. Cyberstalking can involve threatening the victim with injury or harm or harm to the victim’s family members. Online harassment or cyberstalking can be a misdemeanor or felony, depending on state laws.
Other Crimes Involving the Internet and Computers
The computer age has made other crimes easier to commit. Some crimes have been around for a long time but are easier or more anonymous online. Common types of cybercrimes committed using the internet include child pornography, copyright infringement, identity theft, and internet fraud.
Many online scams have spread across the internet through email, social media, and online marketplaces. People need to be careful about the messages they open, the links they click on, and the items they buy. Scammers can use online tools to get a user’s personal data, including Social Security numbers and credit card information. The CFAA prohibits accessing computers with the intent to defraud. Many state and federal fraud statutes include the use of electronic communications.
Cybercriminals can face charges for each offense. Sentencing varies depending on the type of crime, the extent of the crime, and the defendant’s criminal history.
Who Prosecutes Computer Crimes?
Many computer crimes become federal crimes because they involve the internet. Federal agencies like the FBI may investigate federal computer crimes. The Department of Justice will usually assign a federal prosecutor to handle federal criminal cases.
If the crime happened within state lines, the state may investigate, prosecute, and try a suspect under state computer crime laws.
Should I Hire a Computer Crime Defense Attorney?
If you are a suspect in a computer crime, you face a criminal investigation and prosecution. A criminal defense attorney with experience in computer-related crimes can protect your rights. Your lawyer can build a strong legal defense against the charges brought against you.
For more information about computer crimes, talk to an experienced computer crime defense lawyer.
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