“Sexting” is the term used to describe the sending or receiving of sexually explicit images, usually by means of a hand-held smart phone. The ready access to photographic technology, and the ease with which photos can now be taken, mean that users of cell phones are more likely to take advantage of the technology. Cell phones and smart phones are here to stay, and with this presence comes possible dangers. What may seem funny or amusing is most certainly not. When minors “sext” photos to others, even photos of themselves, serious criminal issues can be implicated.
Congress centralized computer crimes under one statute in 1984 with the passage of the “Counterfeit Access Device and Computer Fraud and Abuse Act.” The intention was to have a tool to prosecute computer-related crimes under the rubric of one statute.Continue reading
Internet-based prosecutions for child pornography have skyrocketed since 1997. Simply stated, internet obscenity cases have skyrocketed. From 1997 to 2004, there was a 422% increase in federal cases of this type. The numbers have grown steadily since then. In 2011, prosecutions were up by 40% since 2006, with an increasing number of more than 9,000 active cases.
Similar numbers have been observed for state-level cases. We will discuss the background, nature, and defense of computer-based child pornography cases to better understand this expanding and serious area of federal and state prosecution. Law enforcement agencies have adopted the latest state-of-the art technologies in devoting resources to this area, and deploy their resources accordingly.Continue reading
The increasing use of computers in every area of work and life has brought about a corresponding growth in the number and type of computer crimes being charged. These computer crimes take various forms: white collar type crimes, computer sex crimes, wire frauds, and others. It is no secret that federal and state law enforcement agencies now have very broad powers to monitor internet use.