Computer crimes are different from most other offenses—they often involve both state and federal law, and the evidence is highly technical. Prosecutors often build cases using digital files or metadata that most people don’t even know exist. Once federal agencies such as the FBI or the Department of Justice get involved, the investigation can ramp up quickly. Your case depends on having a criminal defense lawyer who understands the laws below and how to use them to dismantle the prosecution’s case.
Common Federal Computer Crime Laws
The Computer Fraud and Abuse Act (CFAA) is the primary federal law used in hacking cases. It prohibits unauthorized access to protected computers. This includes a wide range of activities, ranging from stealing data to spreading malware. The statute is so broad that a “protected computer” includes just about any computer used in interstate or foreign commerce, including government systems and personal computers.
For example, prosecutors can use the CFAA against employees accused of taking company data, competitors accused of breaching systems, or individuals accused of exceeding authorized access to a network. Our defenses often include showing that access was actually authorized or that there was no intent to defraud. We also frequently argue that the government is stretching the law beyond what Congress intended.
Wiretap Act (Title III of the Omnibus Crime Control and Safe Streets Act of 1968)
It is a crime under the federal Wiretap Act to intentionally intercept electronic communications without consent. This law, which is part of the Electronic Communications Privacy Act (ECPA), is frequently used. Investigators and prosecutors may claim that someone illegally monitored emails, recorded online chats, or used spyware to capture keystrokes.
Defending these cases involves analyzing how the alleged interception happened and whether the communications were actually “intercepted” under the law. Courts still debate the boundaries of this law in the digital era, which, in turn, creates opportunities for strong legal challenges.
CAN-SPAM Act
The CAN-SPAM Act regulates commercial email, prohibiting common practices such as deceptive subject lines and sending bulk messages without a working opt-out system. While many people think of CAN-SPAM as a civil or regulatory law, serious violations can sometimes lead to federal criminal charges.
Defendants may be accused of operating mass email campaigns in violation of the law’s provisions. Our defenses often focus on proving that the messages didn’t meet the definition of “commercial” or that the consumer gave consent. Similarly, we often work to show that the government can’t prove the required intent.
Economic Espionage Act
The Economic Espionage Act of 1996 criminalizes the theft of trade secrets, whether domestic or international. Section 1831 covers theft benefiting foreign governments, while Section 1832 addresses commercial theft for financial gain. Many investigations begin when employees or contractors download company data before leaving a job—often, they think they’ll only face civil lawsuits. In reality, the government can treat this seemingly innocuous conduct as a federal crime.
Prosecutors and investigative agencies use digital forensics to trace everything from downloads and file transfers to USB activity. We often focus on whether the information even qualifies as a “trade secret.” Other common defenses include proving that the defendant had lawful access and whether the government can prove they intended to convert the data for economic benefit.
Overlapping Federal Statutes
Computer crime charges are often combined with other federal statutes when the alleged conduct overlaps. Charges under the laws named above could be paired with wire fraud, mail fraud, identity theft, or money laundering. This strategy gives the government leverage during plea negotiations, especially given the exponential increase in potential punishments. Defending these cases requires a lawyer who can handle both the technical aspects of digital evidence and the broader criminal law issues—and the Law Office of John Freeman is ready to tackle the challenge.
Federal investigators aren’t the only ones searching for those using a computer to commit a crime in Michigan. The State Police’s Cyber Section comprises several special units, including the Michigan Cyber Command Center, Computer Crimes Unit, and Michigan Internet Crimes Against Children Task Force, dedicated to these types of charges.
Our firm is equally adept at defending against state-based felony and misdemeanor cybercrime charges as we are in federal court. To take advantage of a free initial consultation with John Freeman at 248-694-8674, or contact us online.