Is Hacking an Instagram Account Always a Crime in Florida?

A guy in Florida was convicted of unauthorized computer use. the court reversed his conviction. The guy“logged into his ex-girlfriend’s Instagram account and posted nude photographs of her without her permission.” The prosecutor claimed that constituted a violation of section 815.06(1)(a), Florida Statutes (2013).

What Is Hacking a Computer Network in Florida?

Section 815.06 makes it illegal under Florida computer law and states “[w]hoever willfully, knowingly, and without authorization [a]ccesses or causes to be accessed any computer, computer system, or computer network . . . commits an offense against computer users.” § 815.06(1)(a), Fla. Stat. (2013).

The court reversed the conviction and focussed on three defintions in the law:

• “Computer” means an internally programmed, automatic device that performs data processing
• “Computer network” means any system that provides communications between one or more computer systems and its input or output devices, including, but notlimited to, display terminals and printers that are connected by telecommunication facilities.
• “Computer system” means a device or collection of devices, including support devices, one or more of which contain computer programs, electronic instructions, or input data and output data, and which perform functions, including, but not limited to, logic, arithmetic, data storage, retrieval, communication, or control. The term does not include calculators that are not programmable and that are not capable of being used in conjunction with external files.§ 815.03, Fla. Stat. (2013).

The state failed to prove that Instagram was a Computer, computer system, or “computer network. The winning argument was that an Instagram account does not fall within any of these statutory definitions.

Instagram Hack Case Excerpt:

“The plain language of the statutory definitions of “computer,” “computer system,” and “computer network” refer to tangible devices, not the data and other information located on the device. Thus, to prove a violation of section 815.06(1)(a) the State must establish that the defendant accessed one of the listed tangible devices without authorization, not that the defendant accessed a program or information stored on the device without authorization. See Rodriguez v. State, 956 So. 2d 1226, 1230 (Fla. 4th DCA 2007) (reversing conviction under section 815.06 because evidence only established that the defendant accessed a “computer function” that he was not authorized to access).”

“Here, the charge against Appellant was based only on the unauthorized access of his ex-girlfriend’s Instagram account, not the computer server on which the account is presumably located. We say “presumably” because the only evidence in the record explaining what Instagram is was the ex-girlfriend’s testimony that it is a form of social media and “a place where you post pictures [and] your friends get to see it.” Nothing in the record establishes or explains how accessing an Instagram account works from a technological perspective, leaving unanswered whether or how Appellant’s actions amounted to accessing a specific computer, computer system, or computer network. Accordingly, in this case, the State failed to provide the necessary evidentiary foundation to prove that Appellant’s actions violated section 815.06(1)(a).”

Revenge Porn Statute Section 784.049, Florida Statutes

The court conclude a revenge porn prosecution under Section 784.049, Florida Statutes, that specifically prohibits the publication of sexually-explicit images of a person on the Internet without his or her consent is now a tool prosecutors can use. The court noted the new revenge porn statute was needed because “Florida law does not specifically prohibit posting pictures of a nude adult person on the Internet for viewing by other adults if the picture was taken with the knowledge and consent of the person”.

Source: Crapps v State, CASE NO. 1D14-4569 (Fla 1st DCA Dec 8, 2015). edca.1dca.org/DCADocs/

Everyone has lost a document or probably will encounter someone who will try to “lose” a piece of evidence. On the innocent side, the computer could “freeze,” lose power, be hit by a hurricane, or data can be accidentally deleted. On the nefarious side an opponent may try to bury a smoking gun. What is not generally known is that loss or destruction can be remedied. The key is having the right tools, software, and expertise to recover the wayward data. This month we will cover the basics of data recovery.

First Issue: Where Do The Lost Files Go?

Most people believe the deletion is tantamount to destruction. Actually if piece of data is viewed as a page in a book, deletion is not analogous to running the page through a shredder. The better view is that deletion is like removing the entry from the book’s table of contents, while leaving the pages of information. The only things erased are a few characters of information that point to where the actual document is located. In time, the section of the hard drive will be overwritten, but in the short run, its still there.

In Technospeak: “The pointer, along with other pointers for every folder and file on the hard drive, is saved in a section near the beginning of the hard drive and is used by the operating system to create the directory tree structure. By erasing the pointer file, the actual file becomes invisible to the operating system, even though it is still there until the file system reuses the space.” Source: Ontrack Data.

Second Issue: How Do We Bring Them Back?

Initially the expert must find the original table of contents so we can find where and whether the actual files still exist. A technologist can rebuild the table of contents and bring the missing information back from the dark side. By deleting the entries in the table of contents, the computer allows data to be written where the deleted data used to reside. The files must be recovered before they are overwritten.

In Geekspeak: ”Every operating system has a file system, which is a unique method of indexing and keeping track of the files. Unfortunately for those that lose data, file systems can be very complex, which is why it can be so difficult to locate missing files. For instance, file systems that are used in business environments require security details and access transaction details. A good example is a transaction-based or journaling file system, whose goal is to log when each file is accessed, modified or saved – making the file system more complicated and harder to rebuild. . . . Recovery engineers are internally trained to work on data recovery, working with computer hardware for a number of years and learning the low-level specifics of every type of file system.” Source: Ontrack Data.

Third Issue: Should the Recovery Be Outsourced?

From the legal perspective, it may be important to preserve a chain of custody and to have a witness who can testify about the methods used to retrieve the wayward file. From a cost perspective the file may only need to be retrieved from a the computer’s trash can (Macintosh) or recycling bin (Windows). There are also over-the-counter file recovery software packages for the do-it-yourselfer.

Deleted files can be damaged on their journey to the hinterlands. Subsequently recovered files can be damaged or incomplete or in need of repair. Here is where the pros come in. The pro will use a two-step process consisting of diagnosis of the data loss followed by the repair and recovery of the information. Seldom do the experts work on the original data. They most always attempt to make a mirror image of the files and always work on a copy.

In New Speak: “During this stage, recovery engineers can determine if the drive requires special attention from the cleanroom, which is an ultra-clean environment used when working with microscopic components. The cleanroom will work at an electronic and mechanical level to get the drive operational. This can include anything from physically cleaning the disk platters so they can spin properly to swapping out electrical components to power up the drive . . . . After the drive is operational and a copy of the drive can be made, data recovery engineers work to repair the file structures and produce a complete file listing that shows all of the files and directories on the volume. This file listing will also tell the customer if there are holes (or Input/Output errors) within the file itself. The final phase is the recovery phase. The goal of this phase is to copy out the data and backup that data on media that the customer requires. Source: Ontrack Data

In Technospeak, Geekspeak, or Newspeak, the message is the same: If mission critical data is lost, then call in a pro. Finagling with missing or damaged files can render them irrecoverable.

Law Enforcement and attorneys for the other side have a team working against you. Why not have your own Forensics Team working for you? More than ninety percent (90%) of documents are now created electronically, and less than thirty percent (30%) of those electronic documents are ever converted to paper. Rules on preserving electronically stored information and strategies to recover that data make having a Forensic eDiscovery team more important than ever before.

Police have specialized equipment analyzing original digital media such as hard drives, disks, and flash drives,and optical disk drives in the computer forensics lab. There is special hardware and software that retrieves evidence from cell phones, including text messages (SMS) and pictures. For computers, specialized software is used to examine the computers and extract the evidence. We can too.

We use a team of attorney(s) and forensics expert(s) 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.

With surge in popularity of mobile devices we can now forensically retrieve Information from mobile devices. We also provide help in searching corporate e-mail, personal e-mail, Short Message Service (SMS) text messages, personal notes, calendar entries, photographs, address books, and inbound and outbound call logs. This type of information can be invaluable to prove certain facts for a case.

Remember – an expert can help preserve the chain of custody and this data can then be used in litigation.

Computer in Court? Tell Me Your Story (813) 222-2220

“The images . . . are composite images which were crudely prepared by cutting and pasting a photocopy of the head of a minor onto a photocopy of an adult female.”

Cut, Copy, and Paste Not Florida Porn Violation

“child pornography has been defined in the federal statutes to specifically include composite images.” See 18 U.S.C. § 2256(8)(C) (2008).”

Tampa Criminal Defense Attorney reports a decision of the Florida Court of Appeal where, “composite images which were crudely prepared by cutting and pasting a photocopy of the head of a minor onto a photocopy of an adult female.” do not constitute violation of the Florida Statutes. Section 827.071(5) proscribes the possession of child pornography, in pertinent part, as follows: It is unlawful for any person to knowingly possess a photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, he or she knows to include any sexual conduct by a child. The possession of each such photograph, motion picture, exhibition, show, representation, or presentation is a separate offense.

“The images . . . are composite images which were crudely prepared by cutting and pasting a photocopy of the head of a minor onto a photocopy of an adult female.”

The court ruled “If the legislature had intended to proscribe the possession of composite images that simulate lewd and lascivious exhibition of the genitals, it could have included a provision doing so.  In fact, child pornography has been defined in the federal statutes to specifically include composite images.” See 18 U.S.C. § 2256(8)(C) (2008).

The Tribune reports, “The U.S. Supreme Court in 2002 overturned a federal law that made computer-simulated child pornography illegal. The high court ruled that because the computer-generated depictions were not the product of the actual sexual abuse of children they were protected by the First Amendment.”

You can call Casey at (813) 222-2220 for a free phone consultation.

CHAB6000 Possession of Child Pornography Defense Attorney

If you are facing CHAB6000 possession charges, you need an attorney who understands both the legal and technological complexities of your case. Contact me today for a confidential consultation to discuss your defense strategy.

Experienced Florida Criminal Trial Lawyer with Technology Expertise

If you are facing charges related to CHAB6000 possession of child pornography in Florida State Court or U.S. District Court, you need a defense attorney with specialized knowledge in both criminal law and technology. As a Florida Bar board-certified criminal trial lawyer with extensive experience in computers and digital forensics, I am uniquely positioned to analyze and challenge the prosecution’s evidence.

Understanding CHAB6000 and Digital Forensic Evidence

What Is CHAB6000?

CHAB6000 refers to a forensic artifact found in certain digital investigations related to possession of child pornography. Understanding the implications of this artifact requires deep knowledge of:

• Computer forensics
• File system analysis
• Network data logs
• Chain of custody procedures

Key Defenses in CHAB6000 Possession Cases

Defending against CHAB6000-related charges requires a tailored approach. Some of the most effective defenses include:

• Lack of Knowledge – Demonstrating that the accused was unaware of the presence of illegal material.
• Unintentional Download – Proving that the files were downloaded automatically without the user’s knowledge.
• Third-Party Access – Showing that someone else had access to the device.
• Forensic Errors – Identifying mistakes in law enforcement’s forensic examination.
• Illegal Search and Seizure – Challenging the legality of the warrant or investigative process.

State vs. Federal Prosecution Comparison

Top 5 Questions & Answers in Florida State Court

Top 5 Questions & Answers in U.S. District Court

What are the sentencing guidelines for federal possession charges?

Factors to Consider When Hiring a Defense Attorney

Take Action Now

If you are facing CHAB6000 possession charges, you need an attorney who understands both the legal and technological complexities of your case. Contact me today for a confidential consultation to discuss your defense strategy.

If you have been charged with CHAB6000 POSSESSION OF CHILD PORNOGRAPHY you can call a Tampa Criminal Defense Lawyer at (813) 222-2220 and tell me your story.

Form Code: CHAB6000

Florida Statute: 827.071.5
Level: Fel (Felony)
Degree: 3rd
Description: POSSESSION OF CHILD PORNOGRAPHY

CHAB6000 POSSESSION OF CHILD PORNOGRAPHY is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 827 ABUSE OF CHILDREN

827.071 Sexual performance by a child; penalties.

(5) It is unlawful for any person to knowingly possess a photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, he or she knows to include any sexual conduct by a child. The possession of each such photograph, motion picture, exhibition, show, representation, or presentation is a separate offense. Whoever violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.