Cyber Crimes There are many different types of cybercrime committed. The general class of cybercrime reflects any crime that occurs over the Internet. These can range from hacking crimes to identity theftand anybody or any entity that is online can be vulnerable to cybercrime. The list of ten major cybercrimes covers a wide range of crime types and victim types, highlighting the diverse range of criminal activity that falls under the category of cybercrime.
United States The Fourth Amendment can be applied to the Internet, computer, and cybercrimes, but it must be done very carefully. The protections that are granted by the Fourth Amendment should depend on the data.
If the data is content, which means any kind of communications such as email, or any remotely stored files on a computer system, then the information is protected by the Fourth Amendment.
However, if the data is non-content information, such as IP address and email addresses then those are not guaranteed to be protected by the Fourth Amendment. Many times cybercriminals will claim that their Fourth and Fifth Amendment rights were violated when investigators conducted the initial or follow-up investigations.
One such situation is the court case United States of America v. In this case the defendant argued that his Fourth and Fifth Amendment rights were violated when the investigators served an arrest warrant for an accomplice at his residence. King offered to have Larkin live with him and when she agreed he drove over miles to pick the two up from their location.
When he was told about the criminal activity conducted with his daughter as a victim he immediately contacted Larkin and gave her most current cell phone number to authorities. Using cell phone tracking technology authorities were able to locate Larkin and get an arrest warrant for her immediate arrest.
Larkin was living with her daughter at the King residence. When authorities went to the King residence, Kind opened the door and led authorities to Larkin.
Larkin was taken into custody and as per the warrant her computer was also seized. King led authorities to the room and unplugged the computer to give to authorities, as officers were ready to take the computer, King objected and said that the hard drive inside the computer was his and officers had no right to the hard drive.
At the time officers said they had the right to take the computer along with the hard drive and left. The data on the hard drive was incriminating evidence against Larkin and King along with others. Larkin was taken to a correctional facility, King planned to visit her and arranged to meet with FBI agent Kyle in March When King met with Agent Kyle he was informed that the interview was voluntary and he was free to leave at any time, in the course of the next several hours, King admitted to several different counts of performing oral sex on Peanut, and engaging in online relationships with young girls and viewing, downloading, and storing several thousand images of child pornography on his computer.
Larking was indicted in Februaryand King was first indicted in April he immediately surrendered to authorities. King entered a plea of not guilty and attempted to suppress all evidence that was obtained when Larkin was arrested. King claimed that the manner in which the evidence was gathered was a violation of his Fourth and Fifth Amendment rights.
The other thing that King argued was that his Fifth Amendment rights were violated in March when he spoke to Agent Kyle, King claimed that his rights under Miranda v.
Arizona were violated when that interrogation took place. The ruling in this case can be applied to other cases involving computers or other devices that contain electronic evidence, if the situation is somewhat similar to the situations in the case of United States v.
The same can be said about the rights granted by the Fifth Amendment and Miranda v. Arizona as long as the interrogation process was not custodial and the defendant was aware of that.
As long as the defendant was aware that the interview was voluntary and he or she was free to leave at will then the interrogation is not considered to be a violation of the Fifth Amendment.Cybercrime Case Study Name Institution Cybercrime is one of the emerging serious threats in the digital age (Gerdes, ).
The ruling in this case can be applied to other cases involving computers or other devices that contain electronic evidence, if the situation is somewhat similar to the situations in the case of United States v.
Cybercrime Case Study Name Institution Cybercrime is one of the emerging serious threats in the digital age (Gerdes, ).
Cybercrime Case Study Paper The Fourth Amendment can be applied to the Internet, computer, and cybercrimes, but it must be done very carefully.
Richard D. King, Jr. court case and the influence it had on future cybercrime cases. Include the following in your paper: · Describe how the Fourth and Fifth Amendments are applied to cybercrimes.
Cybercrime is crime which involves all crime activity the usual carried out like theft, fraud, extortion and all activity which involves breach of law that is existing by using computer facility or more accurately more, by using internet in cyber column.