Decoding Cybercrime And Digital Evidence In Michigan

The rise of cybercrime in Michigan reflects a broader national and global trend. Increased reliance on digital technologies has made people and organizations more vulnerable to online threats. In recent years, Michigan has seen an increase in accusations, investigations and charges against individuals and businesses for cybercrime activities. This uptick is due to the heightened efforts by law enforcement to combat these crimes.

Cybercrime charges are complex. For those facing accusations of a cybercrime, having a knowledgeable defense attorney is vital to protect their future. With more than 25 years of legal experience, Anjali Prasad brings a deep understanding of how to defend federal cases.

Types Of Cybercrime

Cybercrime is a broad area of law generally relating to violations using a computer. With advances in technology, there are also emerging threats targeting AI and machine learning systems, aiming to manipulate or corrupt these systems for malicious purposes.

Ms. Prasad assists clients who are facing investigations or charges related to cybercrimes such as:

• Hacking: Unauthorized access or intrusion into computer systems or networks to steal, alter, or destroy data
• Identity theft: Illegally obtaining and using someone’s personal information, such as Social Security numbers or financial data for financial gain
• Online fraud and phishing schemes: Deceptive practices conducted via the internet to secure unfair or unlawful financial gain, such as scams, fake websites or auction fraud; attempts to secure credit card details, passwords, usernames or other details
• Cyberstalking: Using the internet or electronic communications to harass or intimidate someone; threats or monitoring of the victim’s online activities
• Credit card fraud: Unauthorized use of someone else’s credit card information to make purchases or withdraw funds
• Solicitation of a minor or child exploitation: Engaging in or attempting to engage in inappropriate or illegal communication with a minor
• Ransomware attacks: Malicious software that encrypts someone’s data, demanding payment or a ransom for the decryption key to restore access
• Account hijacking and insider threats: Gaining control of cloud service accounts through methods like phishing, password cracking or social engineering; malicious or negligent actions by individuals within an organization who have access to cloud resources, leading to data breaches or loss
• Intellectual property crimes: The illegal use, distribution or reproduction of copyrighted material, including software piracy and the distribution of pirated media
• Charges relating to AI and machine learning attacks: Manipulating input data to make incorrect predictions or classifications; reverse engineering to extract sensitive data; introducing malicious data into the training set to corrupt the model; embedding hidden malicious behaviors in machine learning models that can be triggered to produce harmful actions.
• Online drug trafficking: The illegal sale and distribution of drugs through the internet

Each of these charges can carry severe penalties, including fines and imprisonment, depending on the severity, intent and other specifics of the offense.

Key Legal Frameworks And Statutes Relating To Cybercrime In Michigan

A combination of state and federal laws address cybercrime, including:

• Michigan Penal Code: This includes several provisions that can apply to cybercrimes, such as unauthorized access to computers, systems and networks. Specific sections address crimes like hacking, identity theft and fraud conducted through digital means.
• Michigan Identity Theft Protection Act: This law provides protection against identity theft and outlines penalties for those who unlawfully obtain or use someone else’s personal identifying information.
• Computer Crimes Act: Part of the Michigan Penal Code, this act specifically targets crimes involving computers. It includes provisions against unauthorized access, use, destruction or alteration of computers, systems or networks.
• Federal laws: Cybercrimes in Michigan can also fall under federal jurisdiction, especially if they involve interstate or international elements. Relevant federal laws include the Computer Fraud and Abuse Act (CFAA), the Electronic Communications Privacy Act (ECPA) and the Identity Theft and Assumption Deterrence Act.

A wide range of consumer protection laws can also apply to cybercrime, particularly in cases involving online scams or consumer fraud.

Digital Forensics Must Comply With Legal Standards To Maintain Justice

Digital forensics is the process of recovering and investigating material found in digital devices. The collection of digital evidence must balance the needs of law enforcement with the constitutional rights of individuals. The government must respect a person’s privacy throughout the investigative process.

The Fourth Amendment protects people from unreasonable searches and seizures. This means that individuals have a right to a reasonable expectation of privacy in their digital communications. Law enforcement will need to have a warrant to conduct a search. Warrants must clearly define the search scope. Overly broad searches can infringe on privacy rights. On the other hand, the Third-Party Doctrine suggests there are limited privacy rights for information shared with third parties, such as social media platforms or shopping networks. Accessing such data may still require a subpoena or search warrant.

As a defense attorney, Anjali Prasad studies every step of the digital forensics process to ensure a fair trial. The collection and identification of digital evidence must be precise and relevant to the case. She will question the legitimacy of sources, such as computers, mobile phones or network logs. Was it an overly broad or intrusive search? Ms. Prasad will analyze whether the evidence is without alteration. Any deviation could compromise the evidence’s integrity.

Ms. Prasad will assess whether the data recovery methods were reliable. She will carefully examine the documentation for a chain of custody to determine if there are any gaps or inconsistencies to suggest mishandling. In court, Ms. Prasad will challenge any expert testimony or reports that do not adhere to these standards.

Legal Defense Strategies For Fighting Charges Of Cybercrime

When fighting charges of cybercrime, there are several potential legal defenses, including:

1. Lack of intent: Cybercrimes often require proof of intent to commit a crime. Demonstrating that any actions were accidental or lacked malicious intent can be a defense.
2. Authorization: Permission to access the computer systems or data in question was given by the system owner.
3. Mistaken identity: It may be argued that someone else committed the crime and the defendant was incorrectly identified.
4. Lack of evidence: Challenging the sufficiency or admissibility of the evidence and that the evidence does not conclusively link the defendant to the crime.
5. Constitutional violations: Evidence may be excluded from the trial if it was obtained in violation of a person’s constitutional rights.
6. Entrapment: Proving that law enforcement officers or agents are responsible for making a person commit a crime they would not have otherwise engaged in.
7. Technical defenses: Challenging the technical aspects of the prosecution’s case, such as the reliability of forensic methods or the interpretation of digital data.

Each case is unique. Ms. Prasad will develop a specific defense strategy depending on the facts and circumstances of a case.

Can I be held liable for content posted by users on my website?

Under the Communications Decency Act (CDA) Section 230 in the United States, website operators are not held liable for content posted by third-party users as long as they act as neutral platforms and comply with legal requirements. Courts have interpreted Section 230 to prevent lawsuits based on third-party content. However, exceptions may apply. The CDA is a controversial law and may be subject to change in the future.

Can you accidentally commit cybercrimes?

Yes, it is possible to accidentally commit cybercrimes. You may inadvertently engage in activities that violate legal statutes, such as downloading copyrighted material without permission, distributing malware or accessing unauthorized computer systems. Intent is a key factor in many cybercrime cases, but even accidental actions can lead to legal consequences.

If law enforcement is posing as a minor on a chat site, is that entrapment?

When a law enforcement officer is able to induce a person to commit a crime they would not have otherwise committed, it could be entrapment. However, courts might not consider it entrapment if law enforcement merely provides an opportunity or setup for someone who is already willing to commit a crime. Posing as a minor may be a legitimate investigative technique and not entrapment, as long as the officer does not coerce the individual into committing a crime.

Speak With A Knowledgeable Internet Crime Lawyer In Bloomfield Hills

Cybercrime is an evolving area of law. Anjali Prasad educates clients on key issues and provides sophisticated defense strategies. Call her law firm, Prasad Legal, PLLC, at 248-221-2247 or send an online inquiry to schedule a consultation. Ms. Prasad defends clients throughout Michigan.