As a New York City Computer and Cyber Crime Defense Attorney, I focus on criminal defense of persons accused of white collar crimes, including fraudulent use of the World Wide Web and computer crimes.
Computers can be used in a variety of roles in crimes. Computer software programs and online capabilities can be manipulated to conduct a wide variety of criminal or fraudulent activity. Another form of computer crime targets the content of computer operating systems, programs, and email or computer networks.
According to a May 2001 report by the U.S. Department of Justice, the United States leads the world in using the web for commerce and communication, and in spending on electronic commerce. Unfortunately, there is also growing indications that along with the expansion of legitimate Internet use, the United States is experiencing a rising tide of fraud that exploits the World Wide Web.
Types of Computer Offenses in New York City
The first type of computer offense is when a computer is the target of a crime. An unauthorized use of a computer is defined under §156.05 of the Penal Law and this crime occurs when someone accesses password restricted computer without permission. An example of this crime could be a person illegally searching for confidential information on an office computer. This crime is an “A” misdemeanor and is punishable by up to one year in jail.
The second type of computer crime is computer tampering in the first degree or Penal Law §156.27. This crime is punishable by up to 15 years in state prison. This crime occurs when a person us illegally uses a computer without permission to do so and intentionally changes or alters computer data or computer program, causing damages surpassing $50,000.
The third type of computer offense occurs when a computer is used as a tool to perpetrate a crime. For example, a person might manufacture fake identifications, driver’s licenses or counterfeit money using a computer. In this case, under penal law, it makes very little difference if a computer was used in the crime or if it was the target of the offense.
Enforcement of Computer Crimes
Because of the growing trend of crimes in this area and the sophistication by which people commit these crimes, law enforcement spends a great deal of energy and money investigating and prosecuting them. Investigators now have the tools and knowledge to retrieve deleted data from a computer along with emails without the account owner even knowing about it. It is important to retain experienced counsel to protect you and your rights.