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Frequently Asked Questions about Internet Crime

Q: Is spam illegal?

A: Spam (unsolicited, typically commercial e-mail) is not illegal, but it is regulated. The federal CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) regulates commercial e-mail. It prohibits certain deceptive practices and requires that commercial e-mails contain a way to opt out. Some states also have laws on spam.

Q: If I install filtering software on our home computer, is that enough to protect my kids?

A: While protective software is a start, it is only a first step. Your children can access computers from locations outside the home, and filtering software is not 100% effective. Speak with your children about the dangers of the Internet and make sure they know what to do in difficult or dangerous situations.

Computer crime costs as much as $50 billion per year. Public awareness and law enforcement vigilance are growing. If you have been charged with an Internet Crime, contact a knowledgeable attorney to understand your rights and options.

San Diego Internet Crimes Defense

If you or someone you know has been arrested for and charged with an Internet or computer-related crime, it is important to hire an attorney as soon as you possibly can. At The Law Offices of Shapiro & Clamon, we defend individuals from all walks of life who have been charged with computer crimes ranging from identity theft and fraud to the online solicitation of a minor and the illegal purchase of prescription drugs online. Whatever the charge, our experience can make a difference in the outcome. However, decisions about how to handle the case and what outcomes to pursue will be yours to make.

The information below can provide you with a general overview of criminal law as it applies to Internet and computer-related crime. To get more specific information or to speak with an attorney today, please contact our San Diego law offices directly.

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Internet Crime - An Overview

The Internet has changed everyday life in ways too numerous to count. Instantaneous communication with people all over the world has become commonplace. The new technology has also created new legal issues, particularly in the area of criminal law. If you are facing charges of Internet crimes, including possession of child pornography and soliciting sex from a minor, contact an attorney for help.

The anonymity of the Internet has allowed persons who commit certain offenses against children to operate in relative safety. Child pornography is sold and distributed with ease over the Internet. In addition, adults who prey on children often befriend children they meet online and arrange meetings with them for sexual purposes. The children who agree to meet an online "friend" typically do so without knowing that the person on the other end is an adult pretending to be a child.

Law enforcement agencies, on both the state and federal levels, have made the investigation of Internet crimes against children one of their top priorities. Local police and federal agencies like the FBI are applying new techniques to detect crimes against children. One of these techniques is the so-called "sting" operation, in which law enforcement officers pose as people interested in buying or swapping child pornography. The information gained in the transaction is used to find and prosecute both the sellers and buyers and people who are in possession of the pornographic materials.

Identity Theft

Identity theft happens when a person steals someone else's personal information and uses it to acquire loans, credit cards, automobiles and other items. The thief may even use the victim's identity to secure employment or avoid criminal charges. The information that perpetrators seek includes Social Security numbers, addresses, phone numbers, names, bank account information and credit card information. Over the past decades and with the growth of the Internet, identity theft has become an increasingly visible problem. Law enforcement, prosecutors and legislators have focused numerous resources on combating identity theft. If you have been involved with identity theft, contact an attorney who is familiar with the law of identity theft and the Internet.

Child Pornography

The Internet has become a common means for the distribution of child pornography. Child pornography is illegal virtually everywhere in the world, and numerous law enforcement agencies have made it a priority. This means that cases are investigated and prosecuted aggressively. If you are facing charges related to possession, distribution or production of child pornography, contact an attorney who can advise you of your rights and options.

4-1-9 Scams and Advance Fee Fraud

Many people who have e-mail accounts have received a message promising a fabulous sum of money in return for assisting in the transfer of funds out of a country, usually Nigeria. Numerous businesses have also received faxes making similar offers. These proposals are part of a fraudulent scheme called a "4-1-9 scam"; it is named after the section of the Nigerian criminal code dealing with such fraud. If you have been involved in a 4-1-9 scam, consult with an attorney experienced in the area of Internet crime.

Solicitation of a Minor on the Internet

Solicitation of minors for sexual purposes on the Internet is an issue that has grown immensely in the past decade. It is a crime that has garnered a great deal of attention; newsmagazine shows highlight "stings" of alleged sexual predators, and the government and advocacy groups widely distribute information to help parents protect their kids. The consequences of a conviction for soliciting a minor on the Internet can be very serious. If you have been involved in or are accused of soliciting a minor, contact an attorney who will explain your rights.

Internet Crime Resource Links

Internet Crime Complaint Center
The Federal Bureau of Investigation
(FBI) and the National White Collar Crime Center
(NW3C) have formed the Internet Crime Complaint Center (IC3); the IC3 processes complaints of Internet crime and refers them to the appropriate law enforcement agencies.

Internet Fraud
The FBI offers strategies for avoiding Internet fraud.

Don't Believe the Type
This interactive Web site for teens and kids gives useful advice on Internet safety.

Electronic Fact Sheet: Identity Theft
The Social Security Administration (SSA) provides this list of which agencies to contact if you believe that you are the victim of identity theft.

FBI: Crimes against Children
This FBI site provides information on crimes against children; Amber Alerts; and how to submit a tip to the FBI or the National Center for Missing and Exploited Children.

Internet Crimes Information