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Cybercrime Defenses

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What's Cybercrime?

Cybercrime typically involves unauthorized access to confidential or private information that is stored online, on computers, or on internet databases. This can include information such as:

  • Names and contact info
  • Date of Birth
  • Social Security numbers
  • Bank account information
  • Credit card and credit info
  • Trade secrets
  • Trademark and copyright info

Cybercrime can be accomplished through a number of ways, such as hacking, theft of passwords, fraud or misrepresentation, and other devices.

Are There Any Defenses to Cybercrime?

Although many cybercrime violations can involve serious legal penalties, there can also be some defenses to cybercrime. These may include:

  • Authorization – The person being charged with cyber crimes was actually authorized to access the information
  • Lack of knowledge – Many cyber crimes, such as internet fraud, require that the defendant knew what they were doing and intended to engage the victim in fraud. It may be a defense for instance if the person didn’t know that a certain form was fake, etc.
  • Coercion – It can sometimes be a defense if a person was forced to commit cyber crime under threat of harm or punishment to themselves or a loved one

What If I’m Facing Cybercrime Charges?

Many computer databases and internet devices have tracking mechanisms that record cyber activity. This can often help prove one’s innocence in a cyber crime case. These may include "time stamps" of when a person logged into an account; they can also tell from which location certain transactions occurred, and who authorized them. So, it may be helpful to obtain this type of information when facing cybercrime charges.

Some of these methods are technically advanced and may require the assistance of a trained IT professional and/or the assistance of a lawyer.

Do I Need a Lawyer for Help with Cybercrime Defenses?

Cyber crime can sometimes be a vague area of law since many of these crimes are quite new. You may wish to hire a lawyer if you need assistance with a defense case. Your attorney can help locate and gather evidence that might help in proving your innocence. Also, if you need more information or research on legal issues, your lawyer can provide you with up-to-date legal info on cyber crime laws.

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 09-11-2015 09:38 AM PDT

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