Federal Sentencing in Computer Related Crimes

Tampa Florida Federal Criminal Defense Attorney, Lawyer W.F. ''Casey'' Ebsary notes that Computer crimes draw stiff sentences in Federal Courts. However, at a United States Sentencing Commission (USSC) hearing in Chicago, a Judge said it would give him comfort in affirming below-guideline sentences in child porn cases to see data showing there are lots of below guidelines sentences. There is such data.

In the first three quarters of 2009, judges sentenced below the guideline range in 503 of 1195 cases (42%) and the government moved for a below-guideline sentence in another 128 cases (10.7%), 101 of which were for reasons other than 5K1.1, that is, for reasons under 3553(a). See USSC Preliminary Data Report, Table 5.

The complete Report is at the link below:

If you have a computer problem in Federal or State Court - Tell Me Your Story Toll Free 1-877-793-9290.

Source: http://www.ussc.gov/sc_cases/USSC_2009_Quarter_Report_3rd.pdf.

Tampa Criminal Defense Attorney Internet Service Providers Become Cops

Tampa Criminal Defense Attorney reports that new tools being marketed by an overseas company checks every file flowing through an Internet service provider's network — every movie, every image, every document attached to an e-mail. The software compares for matches to a list of illegal images.

W. F. "Casey" Ebsary, Jr., has learned that the invasive new technology called "deep packet inspection," allows Internet companies to analyze data flowing through their networks. One leading expert on electronic privacy in the United States says the proposal would clearly run afoul of the U.S. Constitution. The expert opines that the technology essentially sets up a wiretap without obtaining a warrant from a judge.

According to the manufacturer, encrypted files on the peer-to-peer network could not be decrypted by the technology. However, the company claims it can fool the sender's computer into believing that the recipient was requesting an unencrypted and uncompressed file. The system calculates a hash value and compares the files to the list of illegal files.

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Florida Cybercrime Unit Tampa

A new CyberCrime Unit was officially opened in the Bay area Wednesday. The Jacksonville unit opened last year. The Tampa unit will perform online investigations of potential child predators. Other offices are in Orlando and Fort Lauderdale. The unit will expand to 56 people throughout the state. The program hopes to provide support for local law enforcement agencies for investigating, arresting and prosecuting Internet predators and child pornographers.

Fort Myers, Tallahassee and Pensacola are also scheduled to open in the next several months.

W.F. "Casey" Ebsary, Jr. is a Board Certified Criminal Trial Lawyer, an expert, available to help in these complex computer cases at 1-877-793-9290.

Computers in Court - eDiscovery Computer Forensics Update

New One Minute Video - Computers in Court - eDiscovery and Computer Forensics




Most documents are created and stored electronically. This one-minute video Computers in Court - eDiscovery and Computer Forensics - Most documents are created and stored electronically. This one-minute video covers what to do when a computer lands in a courtroom. CentralLaw.com uses professionals that are certified and experienced in providing computer forensic service and electronic data discovery services to clients. We use state of the art technology and forensically sound procedures and tools. We maintain the appropriate chain of custody. All digital evidence is stored in an access controlled computer lab. We assist our clients with all phases of electronic discovery and computer forensics including: identification, acquisition, analysis, reporting and, if necessary, we provide an expert to testify on evidence from electronic storage mediums such as computer hard drives. Video courtesy of http://www.CentralLaw.com Toll Free 1-877-793-9290

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New Video - Florida Cybercrime Defense Attorney

New One minute video from W F Casey Ebsary, Florida Cybercrime Defense Attorney in Florida. A lawyer with experience in computer crimes, theft of intellectual property, and many other offenses, suggests important things to consider when getting help in these areas. Toll Free 1-877-793-9290. http://www.centrallaw.com

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Sex Offender Registry Hacked

One of the rules of computer coding is to check your input. Especially when your input comes from users. The Oklahoma Department of Corrections missed that day in computer class. DOC trusted anonymous user input on their public-facing Sex Offender Registry website and they blindly executed it and displayed whatever came back.

The result of this bad coding had some rather serious consequences: the names, addresses, and social security numbers of tens of thousands of Oklahoma residents were made available to the general public for a period of at least three years.

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Right to Search Parolees Without Warrant Affirmed by 11th Circuit

United States v. Stewart (No. 06-13076)

Court upheld the right of officers to search a parolee "at any time," even without a warrant. Faron Lee Stewart argued that, although his parole conditions authorized warrantless searches, the Fourth Amendment required reasonable suspicion of criminal activity in order to search.The 11th Circuit ruled that a parolee does not have any Fourth Amendment protection from warrantless search and seizure.

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