Internet & Dark Web Offenses

Cases built on digital evidence require counsel who understands the technology.

As more of life moves online, so does criminal enforcement. Prosecutors now regularly bring cases involving computer intrusion and hacking, online fraud schemes, sales on dark-web marketplaces, cryptocurrency transactions, cyberstalking and online threats, and the possession or distribution of illicit material. Federal agencies have developed sophisticated tools to trace activity across anonymizing networks and blockchains, and they frequently coordinate with foreign law enforcement.

Defending these cases requires more than legal skill – it requires technical fluency. The government’s evidence often depends on how investigators identified a user behind an IP address or a pseudonymous account, how they traced cryptocurrency, and how they searched and analyzed seized devices. Each of those steps involves assumptions and methods that can be wrong, and each raises potential constitutional issues about how the evidence was gathered. Attribution – proving that a specific person, rather than someone else with access to a device or account, did the alleged act – is often the weakest link in the government’s case.

IredaleRoth has substantial experience defending clients in cases involving digital evidence, online conduct, and cryptocurrency. We have substantial experience with cryptocurrency investigations and cases involving drug trafficking and money laundering on the dark web. We have experience challenging governmental investigative techniques like the use of P2P programs, online “stings,” and the like. We have handled cases involving online marketplaces, and understand how to attack efforts to match a person’s real-world identity to their online identity.

In cases involving online or dark-web activity, key questions include:

• How was the person identified? Investigative techniques used to unmask anonymous users can be subject to challenge, and the government may be reluctant to disclose how they work.

• Was the search lawful? Warrants for phones, computers, and online accounts must be specific, and searches that sweep too broadly can be challenged in court.

• Does the law actually reach the conduct? Courts have narrowed some federal computer-crime statutes in recent years, and conduct that violates a website’s terms of service is not necessarily a crime.