Internet crimes have become increasingly prevalent in recent years as people increasingly move large portions of their lives online. These cybercrime cases often involve complex, technical facts due to the involvement of computers and the internet. As such, prosecutors and defense attorneys rely on particular forms of evidence to build their cases.
Digital Device Evidence
Cybercrime cases often involve evidence recovered from digital devices seized by police investigators, including computers, cell phones, tablets, servers, and external hard drives. Investigators will review files contained in digital devices for evidence, such as:
- Documents, photos, or videos containing incriminating evidence or that constitute contraband (such as child pornography)
- Programs used to commit criminal offenses
- Server logs showing criminal activity
Investigators will also look for metadata, which provides information about the creation, modification, and use of computer files, to determine whether a suspect may have altered or deleted incriminating information from their digital devices.
Network Logs and IP Addresses
Cybercrime cases will also involve internet-based evidence, such as server logs and IP address tracking, to show online activity conducted by a specific device or by devices logged into the internet through a particular IP address. Law enforcement investigators may need forensic experts to work around tools and programs that individuals use to obscure their online activity, such as VPNs or browsers designed to operate on the deep or dark web.
Communication and Social Media Evidence
Cases frequently involve records of online communications and social media activity. Law enforcement investigators may obtain communications data warrants to retrieve copies of emails, text messages, or chat logs. These communiques may provide evidence of intent, consciousness of guilt, premeditation/planning, or explicit confessions of criminal activity. Investigators may also download content from suspects’ social media profiles to obtain evidence of criminal activity or to identify potential accomplices or co-conspirators.
Alternatively, we have also used these kinds of evidence to demonstrate alibis via cellphone location data, etc.
Digital Forensics and Expert Testimony
Cybercrime cases may involve digital forensics if parties have deleted or altered electronic data or if electronic devices have encryption. Digital forensic experts can recover or restore lost, altered, or deleted files and gain access to encrypted devices or accounts when authorized by a warrant. Attorneys frequently call digital forensic experts to testify at trial to help juries understand the technical issues involved in a cybercrime case.
Third-Party and Cloud-Based Evidence
Cloud storage services, such as Dropbox and Google Drive, have become increasingly popular in recent years. As a result, investigators have begun focusing their efforts on obtaining warrants and third-party subpoenas to obtain data from cloud storage accounts associated with suspects or persons of interest.
Cybercrime cases can also involve data from other third-party services, such as:
- File transfer programs, such as torrent programs
- Payment processors like CashApp, PayPal, or Venmo
- GPS logs from programs like Google Maps, Apple Maps, or Waze
Chain of Custody and Admissibility Issues
Evidence used in cybercrime cases can also raise issues related to chain of custody and admissibility. For example, defendants may challenge evidence by asserting that the evidence has been altered from its original condition. Parties must establish the authenticity of digital evidence before the court will admit it into the record at trial. Problems can arise when transferring data from one device to another or from one program to another, as this may alter the data and render it inadmissible.
Contact a Criminal Defense Attorney Today
If you’ve been charged with a cybercrime, you need highly experienced and knowledgeable legal counsel to help you navigate the complex factual issues and evidence in your case. Contact Greenwood Law today for a confidential consultation about your situation. Our legal team will explain what kinds of evidence the prosecution may use against you, as well as what evidence our defense attorneys could use to bolster your case.