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/

The underground world of cybercrime is thriving, with millions of stolen credit card numbers and personal identification details available for mere dollars. This report delves into the activities of digital mobsters who specialize in phishing expeditions, sending millions of scam emails daily. These cybercriminals remain hidden behind digital aliases, screen names, and encrypted communication channels, engaging in various illicit activities.

Virtual Hit Men: Anonymity and Retribution

One significant incident involved the theft of 150,000 consumer records, credit reports, and Social Security numbers by cybercriminals. These individuals operate as a digital gang, punishing errant members by exposing their true identities on public websites, effectively assassinating their virtual personas. The Secret Service has recently made a major breakthrough, arresting 28 individuals, indicting 19, and uncovering a network of 4,000 web-based mob members.

Web Mob Busted: Coordinated Law Enforcement Action

Law enforcement agencies took synchronized action against this cyber mob, conducting raids on multiple gang members simultaneously while they were engaged in web-based discussions. By capturing key figures and taking control of the gang’s website, they issued warnings to potential suspects. This operation significantly disrupted the criminal network’s activities.

Bottom Line: A Dark Marketplace

The cybercriminal marketplace operates discreetly, with stolen credit card data, worth thousands of dollars, being sold for as little as $1 to $10. Personal identification information, including email addresses, is even cheaper. The culprits range from high school dropouts to IT postgraduates, all exploiting the perceived anonymity of the internet to profit from confidential data on the world’s computer networks.

Authors: W.F. “Casey” Ebsary, Jr., CentralLaw.com and Albert Lucas, B.A. Mathematics

Full Text of Article:

Millions of stolen credit card numbers and other personal identification information are available for less than ten dollars according to experts at Baseline magazine and the United States Department of Justice. Unlike Michael Corleone’s crew, these mobsters exist solely in cyberspace. Phishing expeditions are their forte, with estimates of between 75 and 150 million scam emails sent daily.

Virtual Hit Men

Recently one large data collector was hit by mobsters who stole or accessed nearly 150,000 consumer records, credit reports, and Social Security numbers. This gang hides behind digital aliases, screen names, and nicknames. To punish wayward gang members, enforcers will publish the true names and identifying information of formerly anonymous transgressors on websites. Supplying the rat’s true identity to law enforcement virtually assassinates the individual in cyberspace.

The Secret Service recently tracked down one such gang. With 28 arrests, 19 indictments, and 4,000 gang members, the Government has penetrated one of the largest, if not the largest known web mob. Again, unlike secret meetings of the heads of the families, the web mobs met in web based discussion forums where they discussed and attempted to perfect the stealing and the forging of bankcards, and a myriad of other personal identification documents. They cloak their identities and encrypt their communications.

Web Mob Busted

Agents with the Secret Service staged synchronized raids on several gang members. Since word travels fast in cyberspace, they simultaneously knocked on dozens of doors across the country while the gang members were chatting and plotting in a web-based forum. By moving in concert, they captured the capos before they could compromise further investigation by publicizing the bust and/or destroying computer records of their dark deals. Eventually the agents took control of the mob’s website and posted a warning on their homepage to those not yet busted – “Contact your local United States Secret Service field office before we contact you!!!”

In the digital equivalent of a bunch of televisions falling off Tony Soprano’s truck, batches of credit card data were falling off electronic trucks and onto the hard drives of gang members. They tested batches of purloined information to grade and evaluate the data for accuracy and to determine whether or not the card numbers were cancelled or valid. Testing of the data consisted of illicit entry into a retailer’s computer and running a series of nominal charges for each card number to see if the charges were approved or declined. Once tested and graded, the data is sold to the highest bidder on clandestine websites.

Bottom Line

According to the Secret Service, a credit card with a $10,000 limit would sell for between $1 to $10 dollars or more. E-mail addresses and associated personal identification information are cheaper – they go for a few cents each. From high school dropouts to post graduate students of Information Technology, cyber criminals now use the illusion of anonymity and take unrestricted license with confidential information housed on the world’s computer networks.

Authors: W.F. “Casey” Ebsary, Jr., CentralLaw.com and Albert Lucas, B.A. Mathematics

A first line of defense against malicious access is a hardware firewall. Without a hardware firewall, the attached computer is easily accessible. With a hardware firewall such as a Linksys Cable/Broadband router as the first layer of protection a hacker will not be able to see your computer as a first device attached to your cable modem.

The second line of defense is a software firewall. A heuristic firewall such as ZoneAlarm looks for suspicious activity per se in addition to an ever-evolving defined list of threats. ZoneAlarm uses a permission-based system to allow access to and from the Internet to be granted or denied by a user. For example, a number of attacks on Windows operating systems using Outlook as an email client, have exploited easy access to the Outlook contacts database. Once accessed those attackers replicate themselves and redistribute information from the attacked computer to email addresses found on the victim’s computer. Obviously, distribution of confidential client information is not an option for any of us. So not protecting our information is not an option either.

The third and final line of defense is maintenance of current virus protection software. Most top of the line software packages will automatically access the publisher’s website to obtain a current list of threats or virus definitions. This third line of defense will provide protection in the event the other two layers do not intercept the malicious file(s) that can compromise your home or office network.

Remember that your security system is only as strong as the weakest link. So while we obviously will focus on our desktop computers, legitimate remote access to our networks with a laptop from home or from onsite from a courtroom or client’s office, will provide opportunities for hackers to exploit our systems. You must make sure that all devices accessing our networks are equipped to deter hackers. Furthermore all users must be aware of the best practices to prevent illicit access to your firm’s digital resources.

Phishing is not to be confused with ‘fishing.’ There is no cast net, no baiting of the hook, and no minnow awaiting a large-mouth bass. But there are plenty of wireless fly rods out there. What do I mean? Specifically, an enterprising nerd or computer wizard of the binary-off generation can send you a disguised email representing a company you know and highly regard. The message may be duplicating a well-known logo in a misleading email suggesting you, the gullible, reply and update their files. They will frequently ask for a Social Security Number, credit card number, username and password, and/or your bank account number. Such data provides a license for identity theft. It goes on all the time. You read stories of months and months of futile effort to rectify credit reports done in by the virtual criminals. Frequently, the bait appears as an online financial intermediary asking for an update of personal information. In reality, takers just feed the ‘phisher’ valuable key information used to exploit the theft of the vulnerable victims’ identities.

Spoofing

Another popular indoor sport for some phisherman is spoofing. The digital sportsmen are hacking wireless cellular networks. First, the angler finds a cellular telephone with voice mail. Second, the piscator spoofs the cellular phone number, fooling the cellular network into authorizing access to the cellular telephone’s features. Third, the woesome whaler harvests the data and voicemail stored in the victim’s account. Data can include voicemail, user identification information, address books, photos, and passwords.

Explaining

How do they do it? Spoofing is easier and simpler than compromising most computer networks. We will not publish specifically where to go to spoof caller identification information. However, accept as fact, that information appearing to identify a caller can be falsified. Some cellular providers allow users to turn off the requirement that passwords be entered when accessing services from the user’s handset. The cellular caster then calls a cell phone number whose password is not required by the user – an option popular among many callers. The happy harpooner then gains entry into the victim’s voice mail, can control the options available to users (both authorized and otherwise), and has reign over whatever data and information is stored therein. A celebrity such as Paris Hilton and all her friends in her address book know all about it.

Preventing

Avoiding phishing and spoofing requires vigilance. Don’t supply usernames and passwords to anyone. Networks and providers already know your username and password. Change passwords regularly and use your cell phone pin number to access your voicemail every time no matter how busy you may be. These basic precautions will not stop the ever-advancing threats, but will provide a safety net. Be wary and be warned from your lighthouse attendant from on the bay.

Authors: Albert Lucas, B.A. Mathematics and W.F. “Casey” Ebsary, Jr., CentralLaw.com

File deletion either through an accident, an application, or through the familiar desktop icon, the trashcan, seldom makes recovery of the deleted files impossible. Use of these commands on most computers merely delays the inevitable recovery of the files by those with a desire to do so. Most computers delete files by eliminating entries on the directory or index of the hard drive, but really the data associated with those entries remains accessible. Experts frequently analogize such deletions to the tearing of the table of contents from a book. Even though the outline of the book has been removed, pages of content remain.

Many common consumer applications can resolve these deleted files. Recovery of the files for evidentiary purposes requires the use of a computer forensics expert. These professionals use techniques designed to maintain chains of custody and software designed to assure an audit trail for files recovered. Professional recovery using scientifically valid recovery methods prevents claims that files recovered are not admissible for a number of evidentiary foundational reasons.

The computer forensics expert can also help devise a strategy to efficiently recover relevant data from diverse types of storage devices and from a number of geographically distinct storage locations. A well-planned search strategy can maximize an investment made in a forensic investigation. One megabyte of data is roughly 180,000 words of text or about the size of a typical novel. One gigabyte of data is 1,000 megabytes and will contain the information that one might find in 1,000 books.

With the price per megabyte of storage plummeting, large capacity storage devices capable of storing 120 gigabytes are common and cost less than $200.00. A poorly planned or executed search strategy can be quite costly. Searching the wrong storage device or looking in the wrong places will mobilize a marathon of futility; like searching 120,000 books in the wrong library.

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

Florida Computer Crime Defense Attorney / Lawyer notes a Florida guy got a visit from the Feds, after a long distance wireless antenna was used to access his network on the 12th Floor of a Tampa Bay area condominium. The guy the Feds eventually busted was on a boat in the bay and was eventually indicted.

This Tampa Bay story has become national news. 

Call me Toll Free (813) 222-2220 if you or a loved one have questions.

“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.