Practice Areas

Cyber Crime Victim Attorney

Technological advancements in today’s digital world have revolutionized how we live, work, and communicate. While these technological innovations offer numerous benefits and conveniences, they also present new challenges and risks, particularly cybersecurity.

At Mason LLP, we understand cyber crimes’ complex and evolving nature and their impact on victims. Each cyber crime victim attorney on our team is committed to advocating for the rights and interests of individuals and businesses affected by cyber-attacks and helping them seek justice. Contact us to schedule a free consultation and learn more today.

What are cyber crimes?

Cybercrimes encompass a wide range of illegal activities conducted through digital means. They often intend to steal sensitive information, commit fraud, or disrupt computer systems. One of the most common crimes is identity theft, which occurs when thieves steal personal information to open fraudulent accounts, incur debt, or damage a victim’s credit score.

Other frequent crimes include credit card fraud when credit card data is stolen and used illegally. Phishing scams trick victims into clicking malicious links or revealing sensitive information through deceptive emails.

Additional cybercrimes include:

Data breaches: Sensitive information like names, Social Security numbers, and financial data is compromised through unauthorized access to computer systems.
Malware attacks: Using software like viruses, ransomware, and spyware to infect devices, steal data, or disrupt computer systems.
Online extortion: Threats to release compromising information or inflict harm unless a victim complies with a financial demand.
Cryptocurrency scams: Fraudulent schemes involving fake cryptocurrency investments, pump-and-dump schemes, or hacking of digital wallets.
Piracy: Unauthorized use, copying, or distribution of copyrighted software or intellectual property.

What legal framework and legislation exist regarding cybercrime?

Cybercrime presents a unique challenge for legal frameworks and legislation because it is a constantly evolving threat. The digital realm transcends physical borders, making international cooperation and comprehensive legislation crucial.

Anti-cyber crime law is handled in the United States under the following legislation.

Computer Fraud and Abuse Act (CFAA) (1986)

Prohibits unauthorized access to computer systems, exceeding authorized access, and damaging protected computers.

Electronic Communications Privacy Act (ECPA) (1986)

Outlines privacy protections for electronic communications and establishes procedures for law enforcement to access electronic data.

Identity Theft and Assumption Deterrence Act (1998)

Amended the Federal criminal code to criminalize identity theft and related offenses.

Children’s Online Privacy Protection Act (COPPA) (1998)

Protects the privacy of children under 13 by regulating the collection and use of their personal information online.

Digital Millenium Copyright Act (DMCA) (1998)

Addresses copyright infringement in the digital age, including online piracy.

Cybersecurity and Information Sharing Act (CISA) (2015)

Encourages government and private sector collaboration on cybersecurity threats and incident reporting.

What rights do I have as a victim of cybercrime?

The rights of cybercrime victims vary depending on the jurisdiction and legal framework in which the crime occurs. However, cybercrime victims typically have the following rights:

Right to privacy and protection of their personal information
Right to information about the crime
Right to justice and redress for the harm they suffer
Right to protection and support from law enforcement and victim support services
Right to confidentiality and privacy in their interactions with relevant authorities
Right to participation in the legal process
Right to prevention and awareness aimed at preventing future victimization
Right to legal representation from a cyber crime victim attorney

What remedies do I have as a victim of cybercrime?

As a victim of cybercrime, navigating the aftermath can feel overwhelming, but several remedies are available to help mitigate the impact and potentially restore your security and losses. Here are the main pathways through which victims might seek financial recovery.

Restitution

In the context of criminal proceedings, the court may order the convicted cybercriminal to pay restitution to the victim. Restitution is intended to compensate for direct financial losses resulting from the crime, such as stolen funds or the cost of rectifying unauthorized transactions. However, the ability to collect restitution depends on the perpetrator’s ability to pay, sometimes making this recovery less reliable.

Civil lawsuits

Victims can file civil lawsuits against perpetrators or negligent third parties to recover damages. These lawsuits can seek compensation for a variety of losses, including:

Direct financial losses: Money stolen or fraudulently obtained by the cybercriminal.
Consequential damages: Additional costs incurred due to the cybercrime, such as the expense of credit monitoring services, fees for professional services (e.g., legal, financial advice), and lost wages.
Non-economic damages: In some cases, victims can claim compensation for emotional distress and other non-economic impacts of the crime.

Insurance claims

Personal Insurance: Some homeowners’ insurance policies may cover losses due to cybercrime, particularly identity theft. It’s important to review your policy or consult with your insurance provider to understand the scope of coverage.
Cyber Insurance: Many businesses carry cyber insurance policies that cover a range of losses related to cyber incidents, including data breaches, business interruption, and the costs associated with legal claims, notifications, and crisis management.

Fraudulent charges reversal

For cybercrimes involving unauthorized transactions (e.g., credit card fraud, bank fraud), victims can often work directly with their bank or credit card issuer to reverse the fraudulent charges. Consumer protection laws limit the liability of victims for unauthorized transactions, provided they report the fraud promptly.

Credit repair

Although not a direct form of financial recovery, taking steps to repair any damage to your credit score caused by cybercrime is important. This may involve disputing fraudulent transactions or accounts opened in your name with credit bureaus and working to remove inaccurate information from your credit report.

What are some cybercrime victim support resources?

Common examples of victim support resources include local law enforcement agencies, support groups, counseling professionals, and legal aid organizations. Additional support comes from:

If you’re the victim of a cybercrime, seek help, utilize available resources, and do not hesitate to consult with a cybercrime lawyer at Mason LLP to protect your rights and explore potential legal options for recovery.

How do you report cybercrime?

You can report a cyber crime in the following ways:

File a police report: Contact your local law enforcement agency.
Report it to the appropriate agency: Depending on the type of cybercrime, you can report it to various agencies.
Report it to financial institutions: Contact your bank or credit card company immediately and take steps to protect your accounts.
Report it to the platform: If the cybercrime occurred on a specific platform, report the incident to their security team.
Gather evidence: Document everything that can be used to prove the crime and immediately change your passwords for all potentially affected accounts.
Seek legal guidance: Consider consulting a cyber crime victim attorney. We can advise you on your rights, explore options for recovery, and guide you through the legal process if you choose to pursue legal action against the perpetrator.

How should you preserve evidence of cybercrime?

You should take the following steps to preserve evidence of the cybercrime committed against you:

Power down the compromised device and disconnect from networks.
Document everything by keeping detailed records of all related information.
Avoid deleting or altering emails, files, or other evidence.
Take screenshots or recordings of relevant information or activities on your device.
Preserve digital evidence.
Maintain a clear chain of custody for all evidence collected.
Use forensic tools to collect and preserve digital evidence.
Backup data and files related to the incident.
Report the incident.
Seek legal advice.

How can cybercrime be prevented?

Key strategies for preventing cybercrime include implementing employee education and training, strong password policies, and secure wi-fi connections. Your company’s IT team must establish procedures for regular software updates, patch management, and incident response plans. All employees and users should be cautioned against phishing attempts by staying informed and alert by attending awareness programs.

Additional measures include:

Firewall and intrusion detection systems
Encryption
Access control and least privilege
Data backup and disaster recovery plans
Vendor and third-party risk management
Regular security audits and assessments
Compliance with regulatory requirements
Social media privacy settings
Anti-virus and anti-malware software
Cybersecurity insurance

Case studies and real-life examples of cybercrime

Notable case studies of real-life cybercrimes include the Change Healthcare ransomware attack in February 2024. A ransomware attack by BlackCat accessed 6 TB of sensitive customer data, preventing pharmacies from filling patients’ prescriptions. The company paid BlackCat $22 million in ransom.

In the 2024 Mother of All Breaches (MOAB), over 12 TB of information and 26 billion records were breached from sources including X, MySpace, LinkedIn, Adobe, Dropbox, Canva, MyFitnessPal, Tencent, Weibo, and government sites. Hackers can purchase the breached information from the dark web for cybercrime use.

Finally, the T-Mobile data breach of January and May 2023 compromised the personal information of over 23 million customers. The company has already agreed to pay $350 million to affected customers in a legal settlement resulting from a 2021 data breach.

What are the emerging trends and future challenges of cybercrime?

Emerging trends, challenges, and considerations of cybercrime include:

Its rapid evolution: Cybercriminals constantly develop new methods, making it difficult for legislation to keep pace.
Technological advancements: Rapid technological advancements present new challenges for law enforcement and regulatory authorities in combating cybercrime.
Jurisdictional issues: Cybercrime often transcends physical borders, creating complexities in identifying the appropriate jurisdiction for investigation and prosecution.
Data privacy concerns: Balancing law enforcement’s need to access data for investigations with individual privacy remains critical.
International cooperation: Effective international cooperation is crucial for tackling transnational cybercrime organizations.

Our cyber crime victim attorneys are ready to help

Cybercrimes can cause significant financial and operational consequences. If you have been affected by cybercrime, you deserve justice, and our cybercrime victim lawyers at Mason LLP can help you obtain compensation for your losses. Contact us as soon as possible to learn how we can help you seek legal recourse against the party responsible for your losses.