Florida Cyberstalking - Attorney's Legal Issues for Lawyers

To prove the crime of Cyber Stalking, § 784.048(2), Fla. Stat. the State must prove beyond a reasonable doubt: The Defendant willfully, maliciously, and repeatedly cyberstalked the alleged victim.

Under Florida Cyberstalking law, "Harass" means engage in a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.

Under Florida Cyberstalking law, "Cyberstalk" means engage in a course of conduct to communicate, by or through the use of electronic mail or electronic communication, causing substantial emotional distress and serving no legitimate purpose.

Under Florida Cyberstalking law, "Course of conduct" means a pattern of conduct, a series of acts over a period of time, evincing a continuity of purpose. Constitutionally protected speech is not included within the meaning of "course of conduct."

Under Florida Cyberstalking law,, "Credible threat" means a threat made with intent to cause the target of the threat to reasonably fear for safety. The threat must be against the life of, or a threat to cause bodily injury.

Under Florida Cyberstalking law, "Cyberstalk" means to engage in a course of conduct to communicate, words, images, or language by or through the use of electronic mail or electronic communication, causing substantial emotional distress and serving no legitimate purpose.

Under Florida Cyberstalking law the penalties are: Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree.

Under Florida Cyberstalking law the crimes are: Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury of the person, or the person's child, sibling, spouse, parent, or dependent, commits the offense of aggravated stalking, a felony of the third degree.

Under Florida Cyberstalking law the crimes can be: Any person who, after an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person's property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree.

Under Florida Cyberstalking law the crime can be: Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a minor under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Under Florida Cyberstalking law the government can: Arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.

Under Florida Cyberstalking law the penalties can be enhanced for: Any person who, after having been sentenced for a violation of s. 794.011, s. 800.04, or s. 847.0135(5) and prohibited from contacting the victim of the offense under s. 921.244, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim commits the offense of aggravated stalking, a felony of the third degree.

Under Florida Cyberstalking law the punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under s. 794.011, s. 800.04, or s. 847.0135(5).

Cyberstalking - Attorney Legal Issues for Lawyers

Board Certified Criminal Trial Lawyer W.F. "Casey" Ebsary Jr. has experience in litigating cyberstalking issues. Call him Toll Free at 1-877-793-9290.

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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RIAA Explains How to Catch Alleged Music Pirates

The RIAA Recording Industry Association of America used the same file-sharing software that online pirates use, an RIAA representative said during a private demonstration of how it caught alleged music pirates.

The RIAA uses LimeWire.The RIAA has a list of songs owned by the RIAA's members. Media Sentry, runs copies of the LimeWire program and performs searches for those copyrighted song titles, to see if any are being offered by people whose computers are connected to the LimeWire network. The software lists IP address of active file sharers. The names of the people associated with particular IP addresses are not public, it is easy to find out which IP addresses are registered to each Internet-service provider. Using public databases, Media Sentry then locates the name of the Internet-service provider and determines which traders are located at colleges or universities.

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Law Enforcement Has a Forensics Team - So Can You

In a computer forensics lab, the police have specialized equipment which prevents any alteration of original digital media such as hard drives, disks, and flash drives disks. In addition, they have hardware and software that will retrieve evidence from cell phones, such as text messages and pictures. For computers, specialized software is used to examine the computers and extract the evidence. Methods adopted from the International Association of Computer Investigative Specialists, a worldwide organization for computer forensics examiners, are sometimes used. At CentralLaw.com we use a forensics expert to help sort through data used in prosecution of federal indictments and state charges, fraud, hacking, theft of trade secrets, and other forms of cybercrimes.

Feds Claim No Privacy in Emails

On October 8, 2007, the United States Court of Appeals for the Sixth Circuit granted the USA's request for a full-panel hearing in US v. Warshak. The case centers on the right of privacy for stored electronic communications. Can the Government merely subpoena mail and skip judicial review of a search warrant? The case presents the Government's position on Constitutional email and electronic privacy - that there isn't any.

Get your encryption keys ready for this one.

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Sanctions and eDiscovery

The ABA has recommended that processes and procedures be put in place to avoid sanctions for violation of Discovery rules and the harsh sanctions for violation thereof.

Use Meta-Tagging -- Meta-tagging enables a user to tag files as being an active part of an investigation. This produces a document set where parties can isolate matching files into a working result set. You must have the ability to review files in their native format without destroying file content integrity. An accurate list of files ensures that no document outside the confines of the E-Discovery scope are exposed and thus submitted as evidence. Frozen Redacted PDF files are then used for case evidence. Redacted PDFs are protected against spoilage.

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Forensic Computing and E Discovery Walks Hacking Suspect

A charge of planting a trojan horse was dropped because of "lack of sufficient evidence." A hacking suspect had been charged with computer tampering, a Class D felony that carries a penalty of six months to three years in prison and a maximum fine of $10,000, upon conviction.

The case started when a system operator reported a system crash of its servers and its backup systems. It was allecged that suspects had remote access to the computer network through personal computers The suspect denied any responsibility for the transmission and maintained his innocence.The alleged victim "concluded we lacked sufficient evidence," The victim admitted it could not prove that the suspect was "the person who used the computer at the time the . . . system was infected by the virus." South Bend Tribune

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Where is the FBI Losing Data?

According to the Inspector General, An average of at least three or four FBI laptop computers are MIA (Missing In Action) each month. The FBI was unable to say in many instances whether information on the machines is sensitive or classified, the Justice Department's inspector general said Monday. The FBI has not corrected problems as urged in a report five years ago. Cybercrime theft or just forgot the machine at the airport?

FBI And Missing Laptop Computers

FBI cybercrime information has been lost or stolen. Computers used for Computer Forensics have been lost. According to the Washington Post, the FBI has lost 160 laptop computers, including at least 10 containing classified information. One held "personal identifying information on FBI personnel," according to a report. One field office reported a stolen laptop containing software for creating identification badges. Another field office reported a stolen laptop that had been used to process surveillance-related electronic digital imaging.

Government Orders Scrubbing of Computer Hard Drives

The Air Force Academy has ordered its cadets to commence scrubbing their computers for illicit or illegal material. The cadets said they have been ordered to go through their computer files this weekend and erase any improper data, including illegally acquired music and videos as well as pornography. The data destruction was ordered amidst allegations of cheating. All 4300 cadets were confined to their barracks. If there was child pornography, mere deletion of the data will not protect the cadets, as computer forensic technology can still uncover alleged cyber crimes.