Federal Consequences of Lying on the Internet (18 U.S.C. Section 1030)
While you may think that Internet trolling or jokes directed at someone online is all fun and games, there are serious consequences for those actions. The Computer Fraud and Abuse Act (“CFAA”) pursuant to 18 U.S.C. Section 1030, amended existing federal law in 1984 to prohibit the intentional, unauthorized access to any “protected computer” to obtain information. To be considered a federal crime, the unauthorized access must involve an interstate or foreign communication.
If you are facing charges of lying on the Internet, you should contact an experienced federal attorney right away to help you.
What is Considered Lying on the Internet? (18 U.S.C. Section 1030)
Intentional access to a computer without authorization or exceeding authorized access means obtaining information:
- Contained in a financial record of a financial institution or of a card issuer, or contained in a file of a consumer reporting agency on a consumer;
- From any department or agency of the United States; or
- From any protected computer;
The term “protected computer” broadly applies to any computer capable of interstate or foreign communication. Given the worldwide nature of the Internet, virtually every act of online communication involves interstate or foreign communication. Accordingly, any computer can be considered “protected” for the purposes of the CFAA.
Anytime you agree to a website’s terms of service, you are seeking authorization to use that site’s features. Among other terms of service, Facebook requires that you agree not to:
- Bully, intimidate or harass any user;
- Do anything unlawful, misleading, malicious or discriminatory;
- Provide any false personal information on Facebook or create an account for anyone other than yourself without permission; and
- Create more than one personal account.
If you violate the terms of service, you are no longer accessing the site “with authorization” and you could be federally prosecuted for unauthorized access to a protected computer.
Consequences of Lying on the Internet
If you are being charged with lying on the Internet under 18 U.S. Code Section 1030, you could be sentenced to up 10 years in federal prison. You could face even harsher penalties if you are convicted for a second offense of lying on the Internet.
Call the Federal Attorneys at Wallin & Klarich Today
If you or someone you care about has been accused of a cybercrime, you should speak to one of our experienced federal defense attorneys at Wallin & Klarich right away. If you are facing charges of lying on the Internet, you face serious consequences.
Our attorneys at Wallin & Klarich have over 40 years of experience successfully defending our clients facing federal charges.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our federal defense attorneys at Wallin & Klarich are available 24 hours a day, 7 days a week to provide you with the very best legal representation. We will help you get the best possible result in your case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.
