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. (more…)
Dating Website Scam? “Someone Contacted Me and Demanded Payment!?!?!”
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: (more…)
What if the Government Fails to Preserve, or Destroys, Digital Evidence During an Investigation?
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 (more…)
What Should You Do if the Police or FBI Search Your Home?
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 (more…)
Artificial Intelligence & Robot Lawyers?
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 (more…)
Federal Court Orders Woman to Unlock iPhone With Her Finger
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 (more…)
Smart Mattresses With “Infidelity Detection Systems” : the Internet of Things & the Law
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 (more…)
Questioning the “Biography” of a Digital File & Why It Matters
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 (more…)