Cybercriminals have increasingly sophisticated tactics to commit crimes, including phishing scams, identity spoofing, and ransomware. AI-generated content is being used to infiltrate secure systems and deceive victims. Bad actors mask their digital footprints in multiple, complex ways.
However, law enforcement agencies are also using smarter, more sophisticated tools to track online activity in cybercrime cases. They combine legal processes, digital forensics, and intelligence gathering to uncover evidence and identify cybercriminals. Our Seattle cybercrime defense lawyer discusses how law enforcement tracks online activity and what that means for your criminal defense.
What Counts as a Cybercrime in Washington State?
The Washington Cybercrime Act defines cybercrimes. Cybercrime encompasses a wide range of illegal activities involving digital data, networks, and computers. Examples of cybercrimes include, but are not limited to:
- Electronic data interference
- Computer trespass
- Child exploitation
- Identity theft
- Hacking
- Online fraud
- Cyberbullying
- Electronic data tampering
- Ransomware
- Spoofing and phishing
- Cyberstalking
Essentially, any crime that involves a digital device or computer as a significant component can be classified as a cybercrime. The field of cybercrime is continuing to evolve as new technologies and devices become available for use, including AI technology.
How Law Enforcement Begins Tracking Digital Behavior
Law enforcement officers track digital behavior for many reasons, including intelligence gathering, monitoring potential threats, and criminal investigations. They may receive information from anonymous sources, voluntary disclosure, publicly available information, subpoenas from tech companies, or suspicious activity reports.
The FBI investigates malicious cyber activity. It is the lead investigating agency for cyberattacks and intrusions. The FBI has trained cyber squads in each of the 55 field offices, including the FBI Cyber Task Force in the Seattle Office.
The National Cyber Investigative Joint Task Force (NCIJTF) comprises over 30 agencies from the intelligence community, law enforcement, and the Department of Defense. The NCIJTF integrates, coordinates, and shares information to support cyberthreat investigations.
Tools and Techniques Law Enforcement Uses to Investigate Cybercrimes
Law enforcement agencies use many tools and techniques to investigate cybercrimes. Examples include, but are not limited to:
- Subpoenas to internet service providers (ISPs) and other service providers for metadata and other information
- Digital and device forensics to recover deleted files, trace online activity, analyze data, and compare data
- Using network monitoring tools to analyze and monitor network traffic to track data and identify malicious activity
- C2 Hunting to track communication between attacker-controlled servers and compromised systems
- Open-Source Intelligence (OSINT) involves gathering information from public sources, including social media analysis, extracting data from websites (i.e., web scraping), and public record searches
- Using CCTV footage and other surveillance techniques to gather evidence and track suspects
- Interviewing witnesses, suspects, and victims to gather information
- Analyzing financial transactions to identify suspicious activity and track money
- Cooperation with tech companies and working with other law enforcement agencies and government entities
- Monitoring, investigating, and analyzing information discovered on the dark web
- Using advanced technology such as IA for pattern recognition and data analysis
There are legal limitations, such as the protections against unreasonable searches and seizures under the Fourth Amendment to the U.S. Constitution and the protections afforded by the Washington State Constitution. The need to investigate and gather information must be balanced with privacy concerns, especially when sharing digital data involves individuals who are not suspected of a crime.
What You Should Know if You Are Under Investigation for Cybercrimes in Seattle, WA
There are several signs that you may be under investigation for cybercrimes in Washington, including unusual financial activity, increased surveillance, receiving subpoenas, contact from law enforcement, and changes in the behavior of your friends, family, and associates. You may receive a target letter from federal prosecutors, a search warrant, or have your account frozen.
Recognizing the signs early allows you to seek legal counsel from an experienced Seattle cybercrime defense attorney. If you believe you are under investigation for cybercrimes, contact an attorney immediately. Do not talk to law enforcement without an attorney present. Make sure to give your attorney all evidence that could be related to the case, including emails, digital records, and documents.
Contact Our Seattle Cybercrime Defense Lawyer
Attorney Jennifer Horwitz helps protect your digital rights and defends against overreaching prosecutions. Call Jennifer Horwitz Law today for help with cybercrime charges in Washington State.