Internet Law – Rivera Law Group

Commercial Email SPAM

Commercial Email, SPAM, and the CAN-SPAM Act
Our Internet Lawyers frequently handle matters related to Internet Spam Laws and the CAN-SPAM Act. We frequently encounter this scenario: A business is interested in sending legally compliant commercial email. Or perhaps, a business’ servers are working at a snail’s pace and your IT staff is working overtime to control the bombardment of unsolicited bulk emails.

It is very important to seek the assistance of an attorney who understands the legal implications and ramifications of spam laws, the most important of which is that CAN-SPAM Act.

The CAN-SPAM Act is codified under 15 U.S.C. § 7701-7713. Contrary to the belief of many, the CAN-SPAM Act does not prohibit sending spam emails. Instead, it imposes certain requirements. These mandatory requirements include the use of accurate email subject lines and transmission information, opt-out procedures where recipients can elect not to receive additional emails from the sender, mandatory time frames for the removal of users who elect to opt-out, and a prohibition of improper email harvesting.

But, what happens when a sender complies with all the requirements of CAN-SPAM? Can an ISP still refuse to deliver compliant email messages to the intended recipients?

Non-compliance with CAN-SPAM will probably result in criminal prosecution under SPAM laws and other cyber crime laws, but compliance does not guarantee that an overzealous ISP will deliver the legally compliant emails to its intended recipients.

Our attorneys understand Spam Laws and the CAN-SPAM Act. If you or your business needs the advice of a spam attorney, we are ready to assist you. We frequently advise businesses to structure their commercial email campaign in a manner that adequately manages business risk and limits business liability. We frequently deal with all civil and criminal aspects of commercial bulk email, for example:

* A business requests the services of an Internet lawyer with CAN-SPAM compliance understanding to make sure that its commercial email campaign is properly implemented.
* An individual receives a cease and desist letter from an attorney accusing him of sending illegal spam emails and demanding a large amount of monetary damages. The cease and desist letter also threatens civil and criminal prosecution. A commercial email spam defense lawyer evaluates the situation and responds to the baseless allegations of sending illegal commercial email.
* An individual faces criminal charges alleging that he sent thousands of spam email in violation of state and federal law. A spam email defense attorney analyzes the electronic evidence and forensic records to build an effective defense.

Computer Crimes

Internet Cyber Crime Defense

Our cybercrime defense lawyers are prepared to protect your rights if you are accused of an Internet crime. Some of the most common Cyber Crimes include:

* Identity Theft (including aggravated ID Theft)
* Internet sex crime
* Possession of Internet child pornography
* Solicitation of a minor via the Internet
* Computer hacking
* Computer cracking
* Unauthorized access to a computer network
* Violations of the Computer Fraud and Abuse Act
* Computer trespass
* Criminal Internet copyright infringement
* Cyber stalking
* SPAM and the CAN-SPAM Act

Most states have enacted Internet and computer crimes statutes, including among many others Virginia, California, New York, and Alabama. Many of these statutes not only provide for criminal prosecution but also for civil liability.

Our attorneys are aggressive computer crime defense legal practitioners. We frequently handle representation to those accused of Internet crimes. Some of the issues we encounter include:

* College student is accused of computer hacking, violation of the Computer Fraud and Abuse Act, computer trespass, computer fraud, and a long list of other computer crimes. A Virginia Cybercrime defense lawyer intervenes to clear up these computer crime accusations and allow the young man to continue his promising IT career.
* An individual faces computer trespass and hacking/unauthorized access accusations after retrieving emails from his unfaithful spouse’s email account. Prompt assistance from a Virginia computer crimes defense attorney is critical.

* Our client was accused of being the leader of the most prolific Internet music piracy group in the world. The charge consisted of conspiracy to commit copyright Infringement. The charges were initially brought in the United States District Court for the Eastern District of Virginia located in Alexandria, Virginia. The trial took place in the United States District Court for the Southern District of Texas, located in Houston, Texas. Our client elected to have is case tried by a Federal Jury. Our technical knowledge assisted us in providing competent legal representation and bringing the case to a successful resolution. Read More…
* Our client was arrested on access device fraud charges and aggravated identity theft in the Eastern District of Virginia, Richmond Division. The accusations involved alleged selling of stolen credit card numbers, social security numbers, other personally identifiable information, as well as e-mail account data for spam purposes. We thoroughly reviewed the government evidence, both the technical and the legal aspects, and assisted our client in obtaining a favorable result.
* Our client was accused of using a computer system to solicit a minor in Chesterfield County, Virginia. Our technical knowledge allowed us to properly dissect and understand the technical issues in the government’s evidence, resulting in a favorable resolution for our client.
* Our client appealed a case handled by another defense attorney to the Virginia Court of Appeals and to the Virginia Supreme Court. The charges involved the use of a computer system to facilitate certain offenses involving children in Virginia. Our technical knowledge allowed us to be able to understand the case immediately and completely analyze all the issues despite being retained after the appeal process was already underway.
* Our client was a victim of computer trespass and unauthorized network access by a former employee. Our experience in both the legal and technical aspects allowed our client to gather the necessary evidence to prosecute the perpetrator in a “one-stop shopping” manner.
* Our client was charged with eight counts of use of a computer system to facilitate certain offenses involving children in Virginia. Our technical analysis allowed us to get the majority of the charges dismissed, resulting in a resolution of the case involving no jail time.
* Our client was a victim of computer fraud, computer trespass and unauthorized access to his computer by a debt collector. Our technical know-how and legal analysis allowed us to recommend a course of action for this activity, which may have otherwise gone undetected.

* Individual charged with felony transmission of unsolicited bulk email (SPAM). The intervention of a Virginia SPAM computer crime defense attorney is necessary.
* Individual accused of selling counterfeit medications over the Internet. The assistance of a Virginia computer crime defense attorney is essential to protecting the individual’s freedom.
* E-Commerce website operator faces charges of Internet criminal copyright infringement. A Virginia cyber crime defense attorney intervenes to protect the website operator’s freedom.
* High profile government executive with a high level security clearance is arrested for receipt, possession, and distribution of child pornography. A computer crime defense attorney must expertly manage the defense to prevent the Internet child pornography accusations from ruining his life.
* Our client is arrested for obstruction of justice charges after being the victim of identity theft. The crimes were committed by the identity thief. A Virginia computer crime defense attorney with our firm intervenes to clear our client’s reputation which was affected as a result of the cyber crime of Identity Theft.
* Our client is accused of illegally distributing pirated software online. These criminal copyright infringement accusations threaten his freedom. An aggressive computer crime defense is necessary.

If you are accused of a cybercrime, you need experienced and competent legal representation. A cybercrime defense lawyer with our firm can assist you.

Hacking Unauthorized Access

Hacking and Unauthorized Access Lawyer

As an attorney experienced in hacking, computer trespass, and unauthorized access issues, we are prepared to defend your business’ websites from unlawful intrusions. Whether the hacking or unauthorized access is a result of violations of your terms of use or due to actions by hackers in accessing sensitive data from the website without authorization, we understand hacking and unauthorized access legal issues. Our attorneys can assist you in prosecuting hackers to the fullest extent of the law and in preventing further unauthorized use of your computer network. Our technical approach assures early detection and evidence preservation prior to alerting the culprit or initiating formal litigation.

Sometimes, out of curiosity, or in need of an “intellectual challenge,” an Internet website visitor may exceed or attempt to exceed the access authorized to them under their website login and provided password as well as the website’s terms of use. Even using commercially available scripts such as Grease monkey could cause you to face serious computer crime accusation of hacking and unauthorized access to a computer network.

If you are accused of hacking, computer trespass, or unauthorized access, you need the services of an Internet lawyer experienced in hacking and unauthorized access issues. Whether the hacking or unauthorized access accusations come in the form of a cease and desist letter, a lawsuit, or criminal proceedings, our hacking and unauthorized access law attorneys can assist.

Similarly, if your business or your website is targeted by a hacker or a computer cracker, we can offer the unique knowledge and expert legal representation from a Computer Engineer, M.B.A., and Internet lawyer. We have a deep understanding of computer forensics and the tools used by hackers and crackers to attack your business. The attacks may be the result of the curiosity of a smart teenager…. or your competitors may be behind them.

Internet Solicitation of Minor

Internet Solicitation of a Minor

Internet solicitation of a minor is widely prosecuted Nationwide. Our attorneys defend against charges of Internet solicitation of a minor in Virginia and Nationwide, when requested by our clients. State and local Police Departments have created departments dedicated to Internet solicitation of a minor. Often is that case that a person will be in a chat room and someone claiming to be a minor will initiate engage in chat with an adult about sexual topics. This “minor” is usually a Police Officer with the Internet child solicitation task force.

Many times the person chatting with this Police Officer posing as a “minor” never had the intention to actually meet the “minor.” It is always important to ask whether the person actually went to meet the minor, the age representations that were made, and the methods used to collect and manipulate the evidence.

However, regardless of whether the meeting takes place, felony charges will most certainly be brought. At this point, an attorney with experience in defending these type of criminal accusations as well as in-depth technical knowledge of the Internet, can provide a competent defense against Internet solicitation of a minor charges.

Many well-reputed and experienced criminal defense lawyers may venture into this area of law just to find themselves overpowered and overwhelmed by a highly-trained, highly-experience prosecution team. Our attorneys include a former computer engineer experiences in the IT side of the equation, as well as aggressive criminal defense lawyers. Contact us to see what we can do to defend your case.

Virginia Computer Crimes Act

Virginia Computer Crimes Act

§ 18.2-152.3:1. Transmission of unsolicited bulk electronic mail; penalty.

A. Any person who:

1. Uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers; or

2. Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or distribute software that (i) is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information; (ii) has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or (iii) is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information is guilty of a Class 1 misdemeanor.

B. A person is guilty of a Class 6 felony if he commits a violation of subsection A and:

1. The volume of UBE transmitted exceeded 10,000 attempted recipients in any 24-hour period, 100,000 attempted recipients in any 30-day time period, or one million attempted recipients in any one-year time period; or

2. The revenue generated from a specific UBE transmission exceeded $1,000 or the total revenue generated from all UBE transmitted to any EMSP exceeded $50,000.

C. A person is guilty of a Class 6 felony if he knowingly hires, employs, uses, or permits any minor to assist in the transmission of UBE in violation of subdivision B 1 or subdivision B 2. *

18.2-152.3. COMPUTER fraud.

Any person who uses a COMPUTER or COMPUTER network without authority and with the intent to: 1. Obtain property or services by false pretenses; 2. Embezzle or commit larceny; or 3. Convert the property of another shall be guilty of the CRIME of COMPUTER fraud. If the value of the property or services obtained is $200 or more, the CRIME of COMPUTER fraud shall be punishable as a Class 5 felony. Where the value of the property or services obtained is less than $200, the CRIME of COMPUTER fraud shall be punishable as a Class 1 misdemeanor.

18.2-152.4. COMPUTER trespass; penalty.

Any person who uses a COMPUTER or COMPUTER network without authority and with the intent to: 1. Temporarily or permanently remove COMPUTER data, COMPUTER programs, or COMPUTER software from a COMPUTER or COMPUTER network; 2. Cause a COMPUTER to malfunction regardless of how long the malfunction persists; 3. Alter or erase any COMPUTER data, COMPUTER programs, or COMPUTER software; 4. Effect the creation or alteration of a financial instrument or of an electronic transfer of funds; 5. Cause physical injury to the property of another; or 6. Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of COMPUTER data, COMPUTER programs, or COMPUTER software residing in, communicated by, or produced by a COMPUTER or COMPUTER network shall be guilty of the CRIME of COMPUTER trespass, which shall be punishable as a Class 1 misdemeanor. If such act is done maliciously and the value of the property damaged is $2,500 or more, the offense shall be punishable as a Class 6 felony.

18.2-152.5. COMPUTER invasion of privacy.

A. A person is guilty of the CRIME of COMPUTER invasion of privacy when he uses a COMPUTER or COMPUTER network and intentionally examines without authority any employment, salary, credit or any other financial or personal information relating to any other person. “Examination” under this section requires the offender to review the information relating to any other person after the time at which the offender knows or should know that he is without authority to view the information displayed. B. The CRIME of COMPUTER invasion of privacy shall be punishable as a Class 3 misdemeanor.

18.2-152.6. Theft of COMPUTER services.

Any person who willfully uses a COMPUTER or COMPUTER network, with intent to obtain COMPUTER services without authority, shall be guilty of the CRIME of theft of COMPUTER services, which shall be punishable as a Class 1 misdemeanor.

18.2-152.7. Personal trespass by COMPUTER.

A. A person is guilty of the CRIME of personal trespass by COMPUTER when he uses a COMPUTER or COMPUTER network without authority and with the intent to cause physical injury to an individual. B. If committed maliciously, the CRIME of personal trespass by COMPUTER shall be punishable as a Class 3 felony. If such act be done unlawfully but not maliciously, the CRIME of personal trespass by COMPUTER shall be punishable as a Class 1 misdemeanor.

18.2-152.8. Property capable of embezzlement.

For purposes of s 18.2-111, personal property subject to embezzlement shall include: 1. COMPUTERS and COMPUTER networks; 2. Financial instruments, COMPUTER data, COMPUTER programs, COMPUTER software and all other personal property regardless of whether they are: a. Tangible or intangible; b. In a format readable by humans or by a COMPUTER; c. In transit between COMPUTERS or within a COMPUTER network or between any devices which comprise a COMPUTER; or d. Located on any paper or in any device on which it is stored by a COMPUTER or by a human; and

3. COMPUTER services.

18.2-152.14. COMPUTER as instrument of forgery.

The creation, alteration, or deletion of any COMPUTER data contained in any COMPUTER or COMPUTER network, which if done on a tangible document or instrument would constitute forgery under Article 1 (s 18.2-168 et seq.) of Chapter 6 of this Title, will also be deemed to be forgery. The absence of a tangible writing directly created or altered by the offender shall not be a defense to any CRIME set forth in Article 1 (s 18.2-168 et seq.) of Chapter 6 of this Title if a creation, alteration, or deletion of COMPUTER data was involved in lieu of a tangible document or instrument.

Criminal Copyright Infringement Statute

Criminal Copyright Infringement
18 U.S.C. § 2319. Criminal infringement of a copyright
(a) Whoever violates section 506 (a) (relating to criminal offenses) of title 17 shall be punished as provided in subsections (b) and (c) of this section and such penalties shall be in addition to any other provisions of title 17 or any other law.
(b) Any person who commits an offense under section 506 (a)(1) of title 17—
(1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500;
(2) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and
(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case.
(c) Any person who commits an offense under section 506 (a)(2) of title 17, United States Code—
(1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more;
(2) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and
(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000.
(d)
(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
(2) Persons permitted to submit victim impact statements shall include—
(A) producers and sellers of legitimate works affected by conduct involved in the offense;
(B) holders of intellectual property rights in such works; and
(C) the legal representatives of such producers, sellers, and holders.
(e) As used in this section—
(1) the terms “phonorecord” and “copies” have, respectively, the meanings set forth in section 101 (relating to definitions) of title 17; and
(2) the terms “reproduction” and “distribution” refer to the exclusive rights of a copyright owner under clauses (1) and (3) respectively of section 106 (relating to exclusive rights in copyrighted works), as limited by sections 107 through 122, of title 17.

If you are accused of criminal copyright infringement, you need experienced and competent legal representation. A cybercrime defense lawyer with our firm can assist you.