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Graphic of Defending Computer Crime Charges
 
Defending Computer Crime Charges
  Together with our associates (academics, technology & forensic experts), we are proficient in defending computer crime related charges for our clients. Owing to the digital nature and varied modes of computer crime, prosecuting and defending computer crime charges have proved to be an extremely challenging job for lawyers.
  Think of these traditional crimes being committed in the digital way :
 
  • bank robbers vs bank computer hackers
  • physical damage to property vs erasure / alteration of computer files
  • disruption of public order vs disabling computer functions
  • burglary vs unauthorised intrusion to computer through telecom
  The principal challenge lies in collecting, analysing and presenting to the court digital evidence such as computer system access trail logs, database records, true identity of the computer user.
  Given a wealth of technical and legal knowledge in the related area, we believe that we can proficiently assist our clients, as well as the court, in achieving justice when dealing with computer crime charges.
  Five difficult areas in dealing with Computer Crime charges
  Presentation and Understanding of evidence
 
  • Judge and jury generally unfamiliar with the technical mechanisms of computer / internet, takes a lot of efforts to present through charts or demonstrations
  • so would be defence counsels, prosecutors, law enforcement units and witness
  True identity of the user of the computer
 
  • Trace the origin of the computer through LAN or the internet
  • Who used that computer at the material time?
  • Husband, wife and members of the family using the same computer
  Collection of Evidence
 
  • Real time records are vulnerable to being overwritten by subsequent activities
  • Encryption of system / data files makes the collection / analysis job even much difficult
  Global Dimension
 
  • Witness and evidence overseas - these may include webmasters of overseas web hosting sites, or owner of e-commerce merchants
  • Expensive in adducing evidence
  Attitude of the Parties Concerned
 
  • General lack of awareness of computer security and related knowledge
  • Unwillingness to testify, particular those from overseas
  • Indifferent owing to minor or nil loss
   
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