NJ Cybercrime Lawyers Blog

08Sep 2014 4:18pm

Legal Questions: Will I Go to Jail for Viewing Child Pornography?

By |September 8th, 2014|Legal Questions|2 Comments

Legal Question: “I’ve been accidentally exposed to child pornography on my computer, but immediately closed the browser, deleted the images and wiped my browser caches/history. Can I still be charged with a Child Pornography or Endangering the Welfare of a Child violation?”

What Constitutes an Offense for Viewing Child Pornography?

It is a third degree crime for a person to knowingly possess or view any photograph, film video tape, computer program or file, or any other production or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, including on the Internet.

For this offense, the term “possess” includes receiving, viewing, or having under one’s control, through any means, including the Internet. It is also essential that the statute requires a mens rea, or “guilty mind,” in order to be found guilty of the offense. In this case, the standard is that the person viewing, streaming, or watching the illicit child pornography material must have known, […]

06Aug 2014 4:27pm

How Google’s Gmail Joined the Fight Against Child Pornography

By |August 6th, 2014|News|0 Comments

Illicit Child Pornography Images Tracked Without Other Privacy Rights Invaded

The search giant Google made headlines again this week when it was announced that an individual allegedly involved in a Child Pornography exchange using the company’s Gmail product. The most notable part of this story, however, was that the suspect was caught by Gmail’s own initiative, through the matching of the purported child pornography images with known illicit images previously documented by the National Center for Missing and Exploited Children (“NCMEC”) as violative material.

But is it an invasion of privacy for Google to scan it’s users’ Gmail message content looking for illegal (or even questionable) material?

Child Pornography Crimes as an Exception to Privacy

The answer to this question, at least for now, lies in the company’s Terms of Service (“ToS”), which clearly explain that users of the many Google services are subject to having their data read and processed. In fact, this is primarily […]

26Jun 2014 11:58am

Supreme Court Rules Warrants Required for Cell Phone Search

By |June 26th, 2014|News, Videos|0 Comments

Landmark Ruling Requires Police to Obtain Warrants Before Searching Mobile Phone Data

Video courtesy Bloomberg News

This week, the Supreme Court of the United States (“SCOTUS”) ruled in favor of privacy interests on a hotly debated and controversial subject regarding warrantless searches. The issue: is a warrant required for law enforcement officials to search a cellular phone taken from a person incident to arrest?

The answer, as relayed by Chief Justice Roberts in the court’s Wednesday opinion, is a confident yes. Roberts & Co. unanimously delivered a well-deserved gift to privacy advocates by holding that the police generally may not, without a warrant, search digital information on a cell phone seized from an individual who has been arrested. […]

30May 2014 2:08pm

How Does Google Respond to Criminal Investigation Search Warrants

By |May 30th, 2014|Videos|0 Comments

Back in March of this year, Google released an easy-to-understand (and entertaining) video regarding the complicated privacy considerations the company faces when responding to U.S. search warrants that it receives from state and federal investigators. We felt that our audience would be served well by our sharing of that video here on our NJ Cybercrime Lawyers blog, embedded above.

Google, and the Battle Between Data Privacy vs. Government Search Warrants

Google regularly updates its “Transparency Report” to reflect the trends in user data requests and the legal processes it needs to comply with, in order to maintain the public trust in the company. Google is actively pushing back against government warrants requesting users’ information, and the Transparency Report is designed to keep users abreast of the state of this battle.

“Government requests for user information in criminal cases have increased by about 120 percent since we first began publishing these numbers in 2009,” Google reported on it’s official blog.”You deserve to know when and how governments request user information online, and we’ll keep fighting to make sure that’s the case.” […]

15May 2014 12:01pm

“Hello World!” From NJ Cybercrime and Privacy Lawyers

By |May 15th, 2014|News, Press Release|0 Comments

“Hello, world.”  This basic computer program is typically the starting point for all computer science, IT and technology professionals because it signifies a proof in concept, and that the language or system is operating properly. For us, it’s a perfect metaphor for our introduction to what this new practice series website is about.

Frank Gonnello Jr., Esq. (CIPP/US), and The Law Offices of Jonathan F. Marshall have officially launched their newest legal resource site, NJ Cybercrime Lawyers (http://njcyberlaw.com) with hopes that the site can help spread awareness of the penalties and repercussions of criminal computer activity at both State and Federal levels.

“This is the starting point for a practice center that’s going to grow exponentially over the course of the next few years,” says Gonnello, who graduated from Seton Hall with a Computer Science bachelor’s degree, and a J.D./M.B.A. in IT Management. “With the way the government is scrambling to keep cybercriminals and criminal computer activity at a minimum, certain rights are potentially being violated every day.”

The site will keep an eye on the evolution of the law surrounding cyber criminal activity. A blog component will feature periodic updates of relevant case law and news stories that surround New Jersey and Federal crimes related to computer activity. This blog will also explain relevant emerging legislation, like the recent New Jersey Cyber-Harassment (A-2785) and Identity Theft clarification (A-2105) bills signed into law in January of this year, as they pass through the House, Senate and Governor’s desk.