Tampa Internet Crime Attorney Ron Frey represents individuals, companies and organizations in cases involving allegations of computer crime and internet crime. Attorney Frey established Tampa, Florida as the primary location for The Frey Law Firm’s offices in order to better serve clients in the Tampa region.

Criminal investigations and prosecutions regarding computer crimes and online activity utilize employ a great deal of technology and skill. If you are the target of a computer crime investigation in Tampa, Florida, or elsewhere, it is vital to have an experienced Computer Crime Attorney on your side and fighting to ensure your rights are not violated.

Tampa Internet Crime Attorney Frey has aggressively defended clients in cases around the country in cases involving digital evidence, computers and the internet. Whether the case involves allegations of hacking, unauthorized access to a computer, the possession of contraband, or any other number of crimes that are alleged to have been committed through the use of the internet or a computer, Attorney Frey is prepared to aggressively defend his clients against the charges.

Whether it is in local, state or federal court, Attorney Frey has the experience and knowledge to review your specific case circumstances in order to develop a strategic approach and defense to allegations of internet crime and computer crime. Every defense is tailored to the unique circumstances that each case presents with.

If you, or someone you know, is under investigation for a computer crime, or if a search warrant has been executed at your home or business, please call Tampa Computer Crime Attorney Ron Frey today for a free initial consultation. There are many potential avenues to explore and many defenses may be available. The worst approach is to fail to take action. It is important to be proactive. Don’t guess. Don’t wait. Take action. Call today.

On August 12, 2020, the Hillsborough County Sheriff’s Office in Tampa, Florida announced the arrests of 16 men for soliciting sex (Solicitation) with undercover detectives that the Defendants allegedly believed to be minors. The undercover operation was named “Operation Small Talk” by the authorities who engaged in an undercover online chat operation. The charges involve a variety of computer based sex offenses, some involving allegations of child pornography and other felony level offenses.

Allegations of online solicitation and other sex crime offenses online are serious and the potential penalties often involve extensive prison time and other consequences, such as sex offender registration. It is expected that the Hillsborough County Sheriff and other law enforcement agencies involved in the operation will release additional details shortly.

If you have questions regarding charges of solicitation of a child in Hillsborough County, Tampa, Florida, or have been charged with a misdemeanor or felony computer crime or internet crime, please do not hesitate to contact the Tampa Criminal Defense Law Firm, The Frey Law Firm, LLC in Tampa, Florida for a free initial consultation.

The Frey Law Firm, LLC in Tampa, Florida represents clients, both individuals and companies, in cases involving digital evidence, as well as cases involving federal or state investigations or charges. Attorney Ron Frey has over 16 years of experience and has represented clients in cases in solving digital evidence and computer crime around the country. Attorney Frey is licensed in Ohio, North Carolina and Florida. The Frey Law Firm, LLC is headquartered in Tampa, Florida.

Tampa Criminal Defense Attorney Ron Frey has represented individuals and organizations with respect to cases involving surveillance, alleged crimes and digital evidence for more than 15 years. As technology continues to impact every aspect of our life and grow in an exponential fashion, the amount of digital evidence in any given legal matter has been inflated to degree that sometimes seems unmanageable. Attorney Frey has been involved in a number of cases in federal and state courts that involve multiple terabytes worth of data and digital evidence.

DATA: CRISIS AND OPPORTUNITY

Although cases that involve significant amounts of digital evidence and data present unique challenges, they also offer unique opportunities. An avalanche of data received within a discovery exchange may seem, at first, to indicate evidence of guilt or liability. However, more often than not, much of the data turns out to be redundant or irrelevant. The prosecution would never be able to introduce terabytes of data to a jury. Rather, only a sliver of the whole will be presented. Through a thorough investigatory process, it is possible to determine what is relevant and most likely to be introduced during trial.

SURVEILLANCE

Tampa Computer Crime Lawyer Ron Frey has handled a multitude of cases involving surveillance footage over the last decade and a half. He has watched as the technology has advanced from grainy single angle black and white CCTV recordings, to the modern body worn cameras and high-definition surveillance cameras that are prevalent today. In order to learn more about Surveillance, Crime, and Digital Evidence, The Frey Law Firm presents the following video wherein Attorney Frey explores the impact technological advancement has had upon the criminal justice system and society in general.

Tampa Internet Crime Lawyer Ron Frey discusses Digital Evidence

• Tampa Internet Crime Attorney
• Hillsborough Sheriff Announces Solicitation Arrests “Operation Small Talk”
• Surveillance, Crime & Evidence
• Super Lawyer – 2019
• Computer / Internet Crimes in Both State and Federal Court

Contact The Frey Law Firm, LLC today for a free initial consultation with a Computer Crime Lawyer. Take action.

Internet Crime Lawyer, Ron Frey, of The Frey Law Firm has once again been recognized by Super Lawyers as a 2019 Super Lawyer. Since being named a Rising Star by Super Lawyers in 2010, Attorney Frey has been recognized by the publication each year since.

DISTINCTION

Less than 5% of attorneys are recognized as Super Lawyers. Their selection is subject to a rigorous peer-review selection process. Computer Crime Lawyer Ron Frey has been recognized by his peers year over year.

IN NEED OF A COMPUTER CRIME LAWYER?

If you, or someone you know, is being charged with a computer crime or internet crime, or has been contacted by law enforcement, please do not hesitate to contact The Frey Law Firm for a free initial consultation with Computer Crime Lawyer Ron Frey.

Attorney Frey has over fifteen years of experience representing individuals and organizations with respect to cases involving alleged computer crime and cases involving digital evidence and data. The Firm is prepared to fight for you.

Attorney Frey is licensed in Florida, North Carolina, and Ohio and represents clients in those jurisdictions and many more on a pro hat vice basis. Do not hesitate to call. Take action!

Tampa Criminal Defense Lawyer Ron Frey, 2019 SuperLawyer – Internet and Computer Crime Defense Attorney

• Tampa Internet Crime Attorney
• Hillsborough Sheriff Announces Solicitation Arrests “Operation Small Talk”
• Surveillance, Crime & Evidence
• Super Lawyer – 2019
• Computer / Internet Crimes in Both State and Federal Court

At the start of a criminal investigation, one of the biggest questions is whether the case will be prosecuted by state or federal authorities. This is not always clear from the outset. One of the surprises for most clients is the fact that many types of alleged criminal conduct can be prosecuted under both state and federal law. Perhaps more surprising is the fact that a person can be prosecuted by both state and federal authorities, at the same time, for the same alleged conduct. Although it would seem to be a clear case of double jeopardy, it is not.

A defendant can be charged in both state and federal court. The state and federal government may separately prosecute an individual, or entity, when the alleged conduct violates a particular law within the respective jurisdiction. The dual prosecution is permitted pursuant to the Dual Sovereignty Doctrine of the Constitution.

The Fifth Amendment Right Against Double Jeopardy

Although the Double Jeopardy Clause of the Fifth Amendment states that a person cannot be prosecuted twice for the same offense, the Dual Sovereignty Doctrine is an exception to the Double Jeopardy Clause. If a crime is allegedly committed in each individual jurisdiction (state/state and/or state/federal) a person or entity can be charged or indicted within each respective jurisdiction.

Although it is often the case that criminal conduct can be prosecuted in a number of jurisdictions, it is common that a singular jurisdiction takes the lead in the matter and prosecutes the case. This is done for variety of reasons, but is always a case specific inquiry.

Jurisdictional issues are an important consideration to the defense of any allegation in the criminal justice system. The penalties can vary widely from one jurisdiction to another, even though the proscribed conduct is nearly identical within the statutes.

Contact Us Today

If you have a question regarding double jeopardy, or if you are facing criminal charges in federal or state court, please do not hesitate to contact Attorney Ron Frey, the firm’s internet crime lawyer, for a consultation.

Is this a dating website scam, or am I about to get arrested? As an internet sex crime defense lawyer, I am regularly contacted by people who have found themselves in variations of the following generalized hypothetical situation:

“I was on a dating website, or Craigslist, and I met a female who is 26 years-old. Her profile indicated she was 26 and she told me she was 26 in our online chats. I had no reason to disbelieve her regarding her age and everything appeared completely legitimate. Well, we hit it off and communicated online for a period of weeks. We spent time chatting and exchanged photos. Some of the photos sent were in various states of undress.

Well, to my dismay, I was just contacted by a person who claims to be her father. I was shocked to learn from him that she is not 26, but is apparently only 16!?!? He is extremely upset and aggressive. He says she has been traumatized by these events and has sustained expenses in the form of medical and psychiatric bills. He says if I don’t send him money to pay the expenses, he will go to the police and have me arrested. He has all of my information, including pictures I sent and the chats engaged in. He wants me to make payments via gift cards or money orders. What should I do? By the way, I am married and employed and I don’t want anyone to know about this! What should I do?!?!?”

The frequency of these types of inquiries are indicative of the success this scam must be achieving. Unlike many scams, this one is likely particularly effective as it creates a great deal of fear, anxiety and uncertainty in the individual who falls prey to it.

The following questions typically arise:

• Is this a scam, or, is this real?
• Did I commit a crime? Is there real criminal exposure? Or, is this just someone trying to make a quick buck?
• What information does this other person or group of people have?
• Is my employer going to find out about this? What about my co-workers?
• Will my family and friends find out about this situation?
• What is going to happen to the content that was transmitted? What about the photos that were sent out?
• If I send the money, or gift cards and money orders, will this all go away?
• Can I go to the police or law enforcement to address this? But if I go, will I be the one who gets in trouble even though I don’t believe I did anything wrong?
• Am I in danger?

If I pay the money that is being demanded, how do I know the other person will not come back and request more? Is paying the money even legal for me to do? Is it legal for them to request?

If I pay the money, can law enforcement still get involved and arrest me?

These are legitimate and real questions that often arise in these situations. Often, individuals who find themselves in these circumstances do not know where to turn, or who to consult. Further, the stress, anxiety and panic often overwhelms their decision-making process.

As an internet sex crime defense attorney, I have represented many individuals who have found themselves in these types of situations. There are generally many steps to the representation in order to achieve the best outcome possible.

How To Handle Internet Sex Crimes

First, it is important to understand the client’s background, history and characteristics. Next, a comprehensive understanding as to the history with the alleged dating site “victim”, if any. Then, a determination must be made as to whether the information points to this situation being a scam, or something that may be a real situation with a potential real victim associated therewith and the potential criminal or civil liability that may be forthcoming. Finally, a determination as to what exposure, if any, the client may have.

Once all of the information is conveyed, reviewed and understood, a strategy tailored to the client’s circumstances and goals can developed and implemented. Since every individual presents with unique circumstances, it is important to develop an effective strategy geared towards the specific details of each matter.

If you, or someone you know, believes they may be the victim or target of an online dating scam, please contact The Frey Law Firm for a free initial consultation with Internet Sex Crime Lawyer Ron Frey.

Given the proliferation of data storage devices, ranging from computers and cell phones, to Fitbits and gaming systems, it should come as no surprise that criminal investigators often focus on securing digital evidence from these devices. Law enforcement utilizes a variety of methods to secure digital evidence, including extracting data, or making a forensic copy of the data from a device. When evaluating the integrity and thoroughness of the investigation, it is important for the defense attorney to consider not only what digital evidence was secured, but also any digital evidence that may have been left uncollected or unpreserved.

Due Process

The United States Supreme Court has ruled that the Due Process Clause of the Fourteenth Amendment to the United States Constitution protects an accused from being convicted of a crime when the government fails to preserve materially exculpatory evidence or destroys, in bad faith, potentially useful evidence. California v. Trombetta, 467 U.S. 479, 489, 104 S.Ct. 2528, 81 L.Ed.2d 413 (1984); Arizona v. Youngblood, 488 U.S. 51, 58, 109 S.Ct. 333, 102 L.Ed.2d 281 (1988). Evidence is constitutionally material when it possesses “an exculpatory value that was apparent before the evidence was destroyed, and [is] of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means.” Trombetta, 467 U.S., at 489.

Failing to Preserve Digital Evidence

Whenever law enforcement fails to preserve digital evidence in a case, an inquiry should be made in order to determine whether the failure constituted a due process violation. When it comes to data storage devices, it is often the case that law enforcement’s failure to properly preserve the evidence will prevent a defendant or suspect from being able to conduct an independent forensic examination to prepare for trial and present a defense. Further, if the unpreserved evidence was potentially useful, a hearing should be held to determine whether law enforcement exhibited bad faith in failing to protect and preserve the data, or a complete forensic copy of the same.

Motion to Preserve

If you have case involving digital evidence, or evidence from the Internet or an online source, it is important to determine whether the evidence was properly secured and preserved. Further, it may be appropriate for counsel to file a motion to preserve certain evidence to bolster the argument in the event evidence is destroyed, misplaced or corrupted. Attorney Ron Frey and The Frey Law Firm have a great deal of experience representing individuals, companies and organizations in criminal investigations that involve digital evidence and Internet related crimes.

If you have a question pertaining to an issue involving digital evidence or a computer crime, please call The Frey Law Firm for a free initial consultation.

In Packingham v. North Carolina, the Supreme Court unanimously struck down a North Carolina law that made it a felony for registered sex offenders to engage in certain internet activity.

The court stressed that the “sweeping law” would bar those on the registration from visiting sites such as Facebook & Twitter, but also a multitude of sites ranging from Amazon to WebMD, as well as the sites of many media outlets. This has the effect of broadly preventing the engagement of first amendment speech, without advancing the state’s goal of protecting the public from recidivist offenders.

The court recognized that social media plays a vital role in our society and noted that “Even convicted criminals—and in some instances especially convicted criminals—might receive legitimate benefits from these means for access to the world of ideas, in particular if they seek to reform and to pursue lawful and rewarding lives.”

According to reports, a recent survey revealed that the average person has over 27 different passwords for their online accounts. With the rise of applications for every area of life (banking, e-mail, social media, chipotle), this should come as no surprise.

Within the justice system, it is becoming quite common for law enforcement, or other opposing parties, to seek to gain access to a password-protected device, drive or account. In the context of a criminal investigation or prosecution, what happens when law enforcement desires to gain access to a password-protected device?

As a criminal defense attorney, I have represented countless individuals who have been the target of an investigation. Oftentimes, before an attorney is involved, law enforcement will confront a suspect and engage in an interview (interrogation). Through investigative techniques, the agents may attempt to solicit pass-codes or passwords from the suspect. (For many reasons I need not go into here, if a person is ever approached by law enforcement in reference to an investigation, I advise that the person contact an attorney prior to engaging in any discussion with the investigators. Please call The Frey Law Firm at (844) 766-3739 if you find yourself in this situation.)

Despite the fact that there is a constitutional right to remain silent, many, if not most, choose to engage in the interrogation with the investigators. Further, it seems that during the ‘interview’, many, if not most, also provide consent for law enforcement to search their devices or access their various accounts. Oftentimes, suspects will also provide passwords to their computers, phones or accounts.

Should I Provide My Password to the Police?

You have a right to remain silent. The 5th Amendment to the United States Constitution provides that no person shall be compelled in any criminal case to be a witness against himself. If you arrive at a point where law enforcement is inquiring about a specific password, it is likely that you have already subjected yourself to the interrogative process. Again, prior to making any statements, my advice is to contact an attorney if you are ever approached by law enforcement regarding an investigation.

If law enforcement is seeking a specific password, they are likely suspicious of the contents of the device, drive or account. They are likely seeking items of evidentiary value. Providing a password or consenting for law enforcement to conduct a search not only provides them access to the contents contained within the protected device, drive or account, but providing the password, in and of itself, can also be used as evidence to demonstrate that you had:

1. Knowledge of the device, drive or account at issue;
2. Access; and
3. Control

In addition to evidence of knowledge, access and control, providing a password can also serve as evidence that you have knowledge, access and control of any of the data or contents contained therein. There may be many unknown or unforeseen consequences in light of the avalanche of information that may be contained within a modern device or online account. Of course, if the case proceeds to the courts, the government may attempt to secure an order from a judge to have a person unlock their device. However, that is a different issue that often involves extensive litigation. For instance, courts have ordered defendants to unlock their phones by providing their fingerprint, and more recently, courts have even ordered defendants to provide passwords to encrypted drives. It is likely these rulings will result in continued appellate litigation and may perhaps reach The Supreme Court of the United States.

What Is on Your Phone?

I have represented clients who have been asked by law enforcement to provide a password in order to access the contents of their smartphone. In many cases, the client is rather confident that there is no evidence of any crime or wrongdoing contained within the device. However, it is important to understand the vast amount of data that can be contained within a smartphone. First, it is not simply a smartphone, modern phones are computers and can often store 100’s of gigabytes worth of data. It is not possible to know all of the information that may be within a person’s phone without a full forensic examination. Whether it is call histories, text messages, emails, cache files, location histories, web browsing history, photos, videos, audio recordings, it is not always apparent what information may be on the device and, more importantly, what information may be relevant to law enforcement. For instance, perhaps a forensic exam of the phone would reveal that the suspect was at a particular location at a specific time. That single piece of metadata may be the most important piece of evidence a prosecutor intends to rely upon in order to convict. Alternatively, perhaps there is a specific account that was logged into on the phone and data within the phone demonstrates a login. This information can then be used to attempt to link a specific account to the suspect. The hypotheticals are nearly infinite. What is apparent is that the typical device can contain a wide variety of information with possible evidentiary value and the user may not even realize it. In fact, the user may be totally innocent of any wrongdoing, but digital evidence may point toward the user as a suspect engaged in criminal activity.

What to Do if the Police or Fbi Requests Your Username or Password?

As with any inquiry by law enforcement, you have a right to remain silent. It is generally advisable to exercise your right to remain silent and contact an experienced criminal defense lawyer for advice. There may be rare instances where providing consent is appropriate. However, it is best to seek the advice of counsel first, prior to making such a significant and generally irreversible decision.

The Frey Law Firm has offices in Florida, North Carolina and Ohio. Attorney Ron Frey is licensed in Florida, North Carolina and Ohio and has also represented clients in matters involving digital evidence in multiple other jurisdictions around the country, via pro hac vice admission.

If you or someone you know has been contacted by law enforcement regarding a username, password, encrypted device, drive or account, please do not hesitate to contact Criminal Defense Attorney Ron Frey and The Frey Law Firm, PLLC for a free initial consultation at (844) 766-3739.

When it comes to cases involving allegations of computer crime or Internet crime, especially cases involving allegations involving the possession or distribution of child pornography over the internet or a peer-to-peer program, the authorities generally execute a search warrant at a residence or business in order to gather and secure evidence. Typically, these searches occur very early in the morning and are executed by a joint task force of local, state and federal agents. Although the allegation may not involve any violence or threat of violence, law enforcement does not know what they may encounter during the search warrant execution. As such, they often enter quite aggressively in order to secure the location and ensure no evidence is destroyed and everyone is safe. I have represented hundreds of clients over the years who have been subject to such a search and it is always described as a frightening experience. This blog post will address the common question: What Should you do if the Police or FBI Search your Home or Business?

A Search Alone Can Ruin a Reputation

The execution of a search warrant in a case involving an alleged computer crime often involves a large joint task force. As a result, it is not uncommon for multiple vehicles, police cruisers, evidence trucks, vans, and even mobile computer forensic units to descend upon a person’s residence during the search warrant execution. Needless to say, the presence of the many vehicles, in combination with the number of law enforcement officers, will not go unnoticed by the neighbors, and in some cases, the media.

Inevitably, the questions, rumors and suspicions swirl. The searches can often take a number of hours and can attract quite a crowd at times. Clients have contacted me during the execution of a search at their business or residence and I have often arrived on scene while the search is being conducted. Oftentimes, upon arrival, the first thing I notice is the number of law enforcement vehicles in the driveway and street. Then, the number of officers on the property and, inevitably, the neighbors peering out their window shades or “working” on something in their garage or lawn (essentially observing the scene).

Although a search warrant is executed, it does not necessarily follow that a criminal charge or indictment is going to issue. In fact, in most investigations involving computer crime or Internet crime, there are no arrests made at the time of the search. Instead, evidence is secured, interviews (interrogations) may be conducted and information is gathered. Whether a criminal charge is brought or not, the search alone will immediately draw suspicion and significantly harm the reputation and standing of a person or business.

What to Do if a Search Occurs at Your House or Business?

First, this blog post is not meant to serve as legal advice. Rather, it offers general information that can be considered. However, each and every case, or search, is different and may require a different approach. As such, if your house or business is being searched, or if law enforcement requests permission to search you, your personal property, or your house or business, the most prudent approach would be to immediately contact an attorney for guidance. Here is some basic information to consider if you ever find yourself the target of a search or investigation:

#1: Contact a Criminal Defense Attorney or Request to Contact an Attorney. Every situation is different and needs to be evaluated so an approach can be determined and tailored to the specific circumstances.

#2: Try to Remain Calm and Respectful, no matter what happens or how you are treated. As indicated, the execution of a warrant can be dangerous and law enforcement typically takes an aggressive approach to initially secure the scene. It is important to remain calm and respectful during the process. If there is unjustified treatment or a violation of your rights, that wrongdoing can be addressed at the appropriate time, not at the time of the search.

#3: Know your rights. You have a right to remain silent. You have a right to refuse to consent to a search. However, if law enforcement has a warrant, then they are allowed to conduct a search, with or without your consent. If they do not have a warrant (and no other exigent circumstances exist) you do not need to consent to the search. Please note, if law enforcement does not have a warrant and you do not consent to the search, but they decide to enter or search regardless, you should not do anything to impede them at that point, besides respectfully noting that you do not consent to the search. There are other reasons that may justify their search (exigent circumstances). Again, these are issues that can be explored and litigated in court, not at the scene.

Contacting a Lawyer During the Search Warrant Execution: (844) 766-3739

It is not uncommon for me to receive a phone call from a potential new client who indicates that the FBI or police are in their house or business conducting a search. I generally tell the caller to answer very basic questions for me and I remain cognizant that the investigators are listening to the responses from my client. As such, I usually ask basic questions that will only elicit a yes or no response from my client. Am I on speaker? Can the investigators hear you? Have they indicated you are under arrest or detained? I then advise them they have certain rights. Finally, I ask if I can talk to one of the agents or investigators. These are often fruitful discussions where I can gather information that will help me better understand and assess the situation. I respectfully inquire of the investigator to find out as much information as possible regarding their purpose and their intentions going forward. I gather their contact information for future communication and, at times, I am able to travel to the scene to confer directly with them. These steps are often vitally important, especially if the case proceeds to a criminal charge.

After the Search

During a search, law enforcement may detain a suspect or even make an arrest. Obviously, it is imperative that the person detained or arrested secure counsel as soon as possible. The detained person will have many important decisions to make, including, will the person remain silent or make a statement? Will they consent to further searches? Will they subject themselves to a polygraph examination and other important decisions. An attorney can guide the person through the process, advise, and make a determination as to the best approach.

In cases involving allegations of Internet crime or computer crime, it is quite common for law enforcement to not make any arrests during the search warrant execution. Instead, data storage devices (computers, cell phones, hard drives, anything that can store data and metadata) are searched or taken into evidence. Since forensic examinations can take many months for the government to complete, often they will simply tell the suspect or person searched that they will review the evidence, the investigation is ongoing, and they will contact them sometime in the future. This is when the person has a crucial decision to make!

Some suspects choose to do nothing at this juncture. They hope law enforcement simply never calls back or does not find any evidence of a crime. Or, they simply try to ignore the whole situation, as it is unpleasant. Perhaps they do not want to confront the situation or discuss it with their family or friends. This is almost never the right decision. There are many steps that an experienced computer crime defense attorney can take at this time in order to try to secure the best possible outcome.

Whether you or someone you know has been subject to a search, or arrest, please call The Frey Law Firm for a free initial consultation with Attorney Ron Frey. We are prepared to evaluate your specific situation and advise as to the options available going forward. We can be reached anytime, toll-free, at (844) 766-3739.

A multi-national law firm recently announced that its bankruptcy unit has acquired an “artificial-intelligence attorney” or “AI lawyer.” The “robot” is identified as ROSS. ROSS reportedly will be used by the law firm’s bankruptcy division and is, in essence, a highly advanced research tool. This news has catapulted to the forefront the debate over the impact technology may have on the legal profession.

A Twitter user recently contacted me, via our InternetCrime.com Twitter page: @InternetCrime. He expressed concern about how the future of the legal profession may be negatively impacted by advanced technology. Of specific concern are the changing roles that attorneys may find themselves in and whether many attorneys will come to be replaced by artificial intelligence. This is a significant question and this post will explore the issue.

Slow to Adopt

Traditionally, the legal profession is relatively slow to incorporate technological advances into the system. I recall being in my first year of law school and learning that we had to use law books (actual books) from the law library to complete our research projects. Although online databases of case law and statutes had been available, “online” research was still a relative novelty and we were informed that not all firms or employers would have subscriptions or plans. As a result, legal research involved scouring the multi-floor law library to locate and cross-reference cases from a variety of jurisdictions, in books that may not have been cracked in decades. Often, the search to simply locate the books for a project was the most stressful aspect of an assignment.

Following law school, I recall some attorneys and judges resisting the adoption of new technology, sometimes aggressively. For instance, some resisted the use of cell phones to communicate with clients, electronic calendaring and even e-mail. Perhaps they failed to recognize the value or possibilities. Or, they simply had a routine that they followed and desired to continue without change. (In fairness, I still carry a paper calendar with me as a back up to my online calendar). Ultimately, such resistance to basic technological advances has proven futile for most.

Today, most attorneys utilize the most common forms of technology in their practice. Online research has essentially replaced the dusty old law books. However, law books do remain in many firms and judge’s chambers for aesthetic effect (they also appear in attorney ads and behind the talking heads in the media).

Despite increased adoption, even today it is not uncommon to be advised that a certain court, or clerk of court, will not accept any electronic communication or filing. Instead, many courts still require the use of a fax machine to transmit documents.

Advances in Technology: Threat or Opportunity?

At first glance, it appears that there are two possible consequences to the legal profession that can result from the rapid technological advances in artificial intelligence. Either artificial intelligence is viewed as a threat to the profession that will replace many positions, including the lawyers and their staff, or, artificial intelligence will never materialize into an effective resource for the profession given the complexities involved in the practice of law.

History dictates that a third path is more likely. As with the adoption of other technologies into the profession, the goal should be to provide better service to clients. Whether it is an improvement in the client experience, or an increase in the odds of achieving a desired legal result, the client’s needs should be the prime consideration in the adoption of any technology. As such, viewing new technology as a tool and opportunity to improve a practice is more productive than viewing it as a threat.

Law firms that experiment with new technology and incorporate tools that improve their practice will have a distinct advantage over firms that ignore the available technological advances.

The Practice of Law is more of an Art than a Science

Law is not math. There is no universal calculus that can be employed when it comes to law because, ultimately, the practice of law involves human beings. Yes, there is case law and precedent to be analyzed and statutes to be reviewed, however, the practice of law and even legal research involves a great deal of subjective interpretation of that “data.” For instance, case law and statutes can be interpreted in multiple ways, many of which may be reasonable. Facts are almost always in dispute, to say the least, and the value and weight of evidence is generally open to debate.

The human element in any legal matter cannot be underestimated. Whether it is a judge, a jury, an adverse party, an adjuster or a client who you are trying to inform and persuade, the strategy you employ is generally not based upon a detailed calculus or formula. Further, the strategy of an attorney may rapidly change with even the slightest bit of feedback, even in the form of body language (a smile, a rock back in a chair, a head shake or a head nod). These elements play a vital role in most legal matters and involve emotional intelligence, not data, formulas or legal research.

Attorney & Counselor at Law

Your client is not a robot (not yet), your client’s family is not a math problem and the judge and jury are not calculators. The practice of law involves people and as a result, a personal approach is what is required to be effective. Attorneys are called “counselors at law” and for good reason. Most lawyers recall their first few cases following graduation from law school. All of the books, studying, hypothetical argumentation and class discussion did not seem to readily prepare them for the reality of a client, an actual person, with a real legal problem.

Those with little experience in the legal arena are often struck by the raw emotion that is involved in a legal dispute. Whether it is a client seeking a divorce, a wrongfully terminated employee, a person accused of a crime, or a family seeking justice for the wrongful death of a loved one, the emotions are powerful and real. The most pressing questions and concerns are surprisingly often not even of a legal nature.

Until artificial intelligence can meaningfully shake a new client’s hand, or mediate a heated dispute between two infuriated neighbors, or console a grieving family who is looking for justice, or gently advise a client and his family that a treatment program is in his best interest to address an addiction issue, humans will remain the primary participants in the legal profession. Technology will most certainly continue to change the practice of law and assist lawyers in better serving their clients. However, attorneys and their legal staff will most certainly remain the crucial link between the law firm, the clients, the courts and the opposing parties.

Fresh off the controversy surrounding the FBI and the DOJ’s legal battle over the iPhone at the center of the San Bernardino investigation, a federal judge has authorized a warrant that reportedly orders a woman to unlock her iPhone with her fingerprint. The identity theft suspect in the case is required, per the warrant, to comply with the request. According to media reports, it remains unclear why the authorities are interested in the content of the phone. With the continued advances in encryption and security, it is expected that litigation over these issues will continue to evolve, as well as the case law associated therewith.

Smartphones & the 4th Amendment

It is often said that a “man’s house is his castle” and the 4th Amendment is explicit in protecting the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches. Today, there may be no “effect” more sacrosanct than a person’s smartphone or iPhone. A person’s phone can contain the most private and intimate details of a person’s life:

• family photos
• geolocation data
• financial information
• hobbies, interests
• religious beliefs
• political perspectives
• friends
• communications
• health
• business documentation …… and the list goes on and on.

Today, a Forensic Examination of a Person’s Phone May Be Considered More Intrusive Than a Thorough Search of Person’s Home.

Expect continued litigation and debate. The battle between the right to be secure in their effects against unreasonable searches, the right to remain silent and the right to not be compelled to incriminate oneself will continually the ability of the government to investigate criminal activity intensifies. The principals that have guided 4th Amendment jurisprudence for centuries can be applied to the ever-changing landscape of digital technology and encryption. However, there will be “hard cases” and “hard cases make bad law.” For instance, precedent set from a decision involving a terror suspect can, and most certainly would, be applied in other, relatively less serious and controversial cases, as well as in other ways that are simply not foreseeable. Whether it is an order to provide access to a phone via a fingerprint, a pass code, or a retina scan, the implications are serious for the government, the individual suspect and society as a whole.

The Smarttress

In the market for a smart mattress that alerts your mobile phone whenever someone is using your bed in a questionable way? Well, of course, there’s an app for that. The smart mattress, advertised as the Smarttress, is currently being marketed and sold by Durmet, a Spanish Company. Billed as the first mattress that detects deception, the Smarttress has sensors within the springs that detect vibration and also has detectors that monitor contact zones. The information and data is then transmitted to an app on the user’s phone. According to the company’s website, the mobile phone application has many features that measure and present the data collected, including a speedometer, graphs that indicate the intensity and impact per minute and pressure points within the mattress. Regardless of your opinion of the Smarttress, the trajectory is apparent, more of the everyday “things” that surround us will soon be brought online. The implications of the expansive interconnectedness of “things” are numerous and impact everyday life in many ways.

The Internet of Things

Physical objects (such as mattresses) that are embedded with software, sensors, and network connectivity to share data, are collectively being identified as “The Internet of Things”. From coffee makers and refrigerators, to vodka bottles, cars and houses, more everyday objects are coming online and scheduled to be connected in the future. The possibilities are endless.

Coming to a Courtroom Near You

When it comes to the justice system, whether a civil case or a criminal case, evidence matters. The more evidence that is available for a jury to review, the more accurate the result will likely be. The Internet of Things provides a potential treasure trove of data that may make or break a client’s case or save a Defendant from a wrongful conviction. For example, it was not long ago when an alibi defense could be presented by way of testimony, or perhaps a receipt, or even a time card. Now, if a suspect has an alibi, it would be the rare case that the alibi could not be established by way of objective digital evidence. First, there are digital cameras nearly everywhere in our society that can capture a person’s location. Second, the most basic smart phone can be geolocated via cell towers or can contain data that can be extracted forensically to identify locations at various points and times. Going forward, maybe something as innocuous and unsuspecting as a mattress or coffee maker could be used to establish a person’s location on a specific date and time (My client was in bed at that time and I can prove it). Connected devices can serve as “witnesses” and evidence for the defense or the prosecution. Recently it was reported that data extracted from a person’s Fitbit was used in a case to demonstrate that the individual was not as active as they claimed to be prior to an injury sustained.

Going Forward

It is important for attorneys to think outside the box and consider the digital evidence that surrounds their client’s case. If you need to establish or confirm a timeline of events, you have to consider the evidence that may be available from the connected objects in the ever expanding Internet of Things that is currently engulfing our society.

Digital technology has played an increasingly important role in the justice system. One of the many challenges when dealing with digital evidence is the sheer volume of data that can be contained in a single hard drive or flash drive. There can be thousands of files nested within each other, which can amount to literally hundreds of pages of discovery. It can also take hours to review the data, most of which can be completely irrelevant to the case.

So what is a criminal defense attorney supposed to do with the overwhelming amount of information? How can we use it to our advantage?

It is important to remember that the government has the burden of proof in criminal cases. It is their job to investigate, manage, and decipher all of that information in order to build a case. Just as you would have difficulty managing the entire scope of the data, so would the government.

Exploring the “Biography” of the File

Whether it is a financial crime or an online sex crime investigation, attorneys can capitalize on the unmanageable amount of data by delving deeper into the ”biography” of a data file. Each digital file has a history, a story, a narrative. With the help of experts, you can understand when it was created, where, its migration, and many more. Using this biographical approach during cross examinations can allow for easier presentation to the judge and jury.

Important questions to consider during cross-examinations regarding a particular file:

• What is the file name and its path?
• When was it first created?
• How did it end up on the user’s computer?
• Would a user know what files are being downloaded?
• Was the file viewed? For how long, when, and by whom? How can you tell?
• Was the file ever deleted?
• What did your investigation reveal regarding the activity of the file?

When law enforcement officers take the stand to testify their findings, you can take this opportunity to reveal what they really do not know (which is common) and what they cannot answer forensically. This is not surprising, given the difficulty of managing and even recalling information from such vast amounts of data.

Ask Questions – But Know the Answers

Don’t forget that you should never ask a question to which you do not know the answer. Always be prepared by consulting with experts and obtaining a better understanding of the data.

With the prevalence of technology, law enforcement officials today are devoting a significant amount of resources into investigating sex crimes on the internet and over social media. Law enforcement officials are currently employing efforts to monitor social networks, social media, peer-to-peer file sharing programs, forums, and more.

Common ways that law enforcement officials identify alleged online offenders:

• Creating a fake online profile, which is then be used to communicate with potential suspects
• Monitoring file sharing offerings over peer to peer (p2p) networks
• Overtaking websites that contain contraband in order to monitor visitors to the site

Complexity of Online Sex Crime Investigations

Once law enforcement officials identify a suspect, the online investigation can yield a vast amount of digital evidence, which can make it difficult to manage and even harder to interpret. The burden of proof is on the government and the investigators must forensically process and understand the evidence against the charged individual or organization.

It is always important to consult an attorney if you are under investigation or arrested for an internet sex crime charge or computer crime. The Frey Law Firm, PLLC has substantial experience defending clients charged with internet sex crimes, and can work with forensic experts to help defend you against any allegations you may be faced with. Contact the firm today!

Our reliance upon technology is nothing new, but in recent years our use of technology seems to be escalating in all aspects of life. For many, simply driving without GPS or going a day without accessing the internet is unbearable. Ideally, the use of technology improves our quality of life in some fashion. Oftentimes, it allows us to operate in a more efficient and effective manner. It should come as no surprise then that the government has increasingly turned to technology to assist with investigations, especially those conducted on the Internet. In some cases, investigations previously conducted by law enforcement officers have been automated. In these instances, the software itself conducts the investigation and simply reports its findings to the officer.

Investigations of Peer-to-Peer (P2P) Networks

A prime example of law enforcement’s increased reliance upon technology is the utilization of software that purportedly investigates computers that access peer-to-peer (P2P) networks. The F.B.I. website explains the operation of P2P networks as follows:

Peer-to-Peer networks allow users connected to the Internet to link their computers with other computers around the world. These networks are established for the purpose of sharing files. Typically, users of Peer-to-Peer networks install free software on their computers which allows them (1) to find and download files located on another Peer-to-Peer user’s hard drive, and (2) to share with those other users files located on their own computer. Unfortunately, sometimes these information-sharing systems have been used to engage in illegal activity. http://www.fbi.gov/scams-safety/peertopeer – Risks of Peer-to-Peer Systems – accessed, February 9, 2011.

The F.B.I. websitenotes that the most common crimes associated with P2P networks include:

• Copyright Infringement
• Child Exploitation
• Obscenity
• Computer Hacking

Id. With regard to investigations on P2P networks, law enforcement officers traditionally manually accessed the P2P networks, by way of publicly available software, and searched the shared folders of other users on the P2P network for items that constitute contraband. In other words, law enforcement would search out contraband that was purportedly in “plain-view” and being offered for download by a user of the P2P network. Once the officer located contraband, it could then be downloaded and preserved as evidence. Further, the investigator could identify the Internet Protocol (IP) address of the computer offering the contraband. Finally, the investigator would identify the digital signature of the file itself. This digital signature is commonly referred to as the file’s SHA-1 value. SHA-1 or Secure Hash Algorithm Version 1, is often described within law enforcement affidavits as a file encryption method that can be used to produce a unique digital signature for an individual file, regardless of the name a user may choose for a file. In essence, it enables the P2P software to identify files in order to facilitate the transfer of files over the network.

Law enforcement relies upon the SHA-1 values in order to identify files that have been previously confirmed to constitute contraband. For instance, a digital image that depicts child sexual exploitation could theoretically be identified by its SHA-1 value, regardless of the file name a user might assign to the digital image and regardless of whether the officer actually downloaded or viewed the image. A comparison between the SHA-1 value of known contraband to the SHA-1 value of the file being offered by a network user can lead an investigator to conclude that contraband is being offered by the particular user.

Once the investigator identifies the suspected contraband, either by downloading and viewing it, or by comparing the SHA-1 value of the digital file to known contraband values, the officer can then observe the IP address of the computer that offered the contraband for download. Thereafter, the internet service provider (ISP) associated with that particular IP address is issued a Subpoena for the identification and address of the subscriber for that particular IP address. With these results, the investigator can apply for a search warrant to enter and search the residence associated with the IP address that was offering contraband.

Peer Spectre Software

In 2008, a software application known as “Peer Spectre” was released and has been utilized by law enforcement agencies throughout the United States and the world. According to government affidavits, Peer Spectre is an automated system that reads the publicly available advertisements from computers that are identifying contraband available for distribution in a consistent and reliable manner. Further, law enforcement claims that the software reports the time, date, SHA-1 value and file name in the same way every time. In essence, it is claimed that Peer Spectre automates the search process, but conducts and reports the investigation in the same manner that had previously been done by individual investigators. Finally, law enforcement claims that the software does not search beyond the file folders that are exposed to the other network users and limits its search to the files that are located in plain-view.

Legal Considerations

When the government utilizes software to conduct searches over the internet, without a warrant, it is important to consider whether those searches are, in fact, limited to files that are in plain-view. The government bears the burden of proving an exception to the search warrant requirement. State v. Mays, 161 Ohio App,3d 175 (8th Dist. 2005). Where there is no search warrant, the burden falls on the State to show that a search comes within one of the judicially recognized exceptions, including but not limited to, the plain-view doctrine. State v. Akron Airport Post No. 8975, 19 Ohio St.3d 49 (Ohio 1985).

Under the plain-view exception, three (3) requirements must be satisfied: the officer’s intrusion into the location where the evidence is located must be lawful, the discovery of the evidence must be inadvertent, and the incriminating nature of the evidence must be immediately apparent. Texas v. Brown, 460 U.S. 730, 739 (1983). When the government relies upon software to conduct warrantless investigations on the internet, but does not have access to the source code and is thereby unable to authenticate the function of the software application, it is difficult to imagine how the government could meet its burden of proving that the software limited its search to files that are in plain-view. Further, there are no independent studies available, nor have any defense experts been granted access to the software for testing of the source code for analysis. Finally, the reliability of the software cannot be readily determined without the source code and without testing.

Defense Strategies and Considerations

When confronted with a new software application that is utilized in an investigation, it may be useful to explore the following questions:

Who developed the software and what are the developer’s qualifications?
Who owns the software?
Does the government have access to the source code?
Can a defense expert conduct an independent analysis of the software?
What training have the investigators received with regard to the software?
Are there any independent or peer review studies on the software?
Is the software reliable? If so, how was that conclusion reached?
Who can authenticate the functionality and reliability of the software?
Are there any guides or manuals for the software and can they be obtained?
What does the software really do and how do we know?
Technology is advancing at an ever-increasing pace. There is no reason to expect that the government will not continue to adopt new technology and software for use by law enforcement. Those who take up the defense of citizens charged with crimes must remain vigilant in exploring all aspects the government’s investigation, including a thorough review of the technology and software employed.

To learn more about your legal options, contact our firm today!