John T. Floyd
John T. Floyd
Travels to All Criminal Courts In
Texas
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440 Louisiana,
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Lyric Centre
Houston, TX 77002
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Federal and State Criminal Defense Top Attorneys: Criminal Defense - 2008 and 2009 HTexas
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Phone:713-224-0101
Toll Free:866-374-1327
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Computer Crimes
Fraud
Internet fraud is any dishonest misrepresentation of fact intended to induce another to do or refrain from doing something which causes loss. In this context, the fraud will result in obtaining a benefit by: altering computer input in an unauthorised way. This requires little technical expertise and is a not uncommon form of theft by employees altering the data before entry or entering false data, or by entering unauthorised instructions or using unauthorised processes; altering, destroying, suppressing, or stealing output, usually to conceal unauthorised transactions: this is difficult to detect; altering or deleting stored data; or altering or misusing existing system tools or software packages, or altering or writing code for fraudulent purposes. This requires real programming skills and is not common. Manipulating banking systems to make unauthorised electronic funds transfers or to divert the whole or part of the retail prices collected by a portal would be serious thefts (see salami slicing). An increasing problem is the unauthorised use of credit card numbers and other data collected as part of identity theft.
Confidence tricks and scams
Despite the fact that many of these cons that trade on human gullibility are genuinely old and notorious, the internet gives criminals the opportunity to reach millions of innocent people who may be tempted by the prospect of easy money, e.g. the Nigerian banking scam.
Piracy
Most states have enacted laws to protect copyrighted materials, and people who distribute and download copyrighted recordings without permission are liable to face civil actions for damages and penalties and/or criminal prosecution. For the most part, the criminal law is only used for commercial piracy except where a non-commercial distribution has a not-insignificant effect on the copyright owner's business. The theft of software, the copying of licensed software without permission, and software counterfeiting are not only a matter for the police but can also involve customs officers, agencies tasked to protect consumers and/or IPR holders, and agencies responsible for ensuring that advertising is not misleading.
distributes, sells or hires out unauthorised copies of CDs, VCDs and DVDs;
on a larger scale, distributes unauthorised copies as a commercial enterprise on the internet; possesses unauthorised copies with a view to distributing, selling or hiring these to other people; while not dealing commercially, distributes unauthorised copies on such a scale as to have a measurable impact on the copyright owner's business. The penalties for these "copyright theft" offences depend on the seriousness of the offences: before a Court, the penalties for distributing pirated files are a maximum fine of $5,000 and/or six months imprisonment; in the Court, the penalties for distributing pirated files are an unlimited fine and/or up to 10 years imprisonment. Also note s24 Copyright and Related Rights Regulations 2003 which creates a range of offences relating to the distribution of any device, product or component which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures. When this is for non-commercial purposes, it requires there to be a measurable effect on the rights holder's business.
Extortion
One of the things the malicious can do with root access to a computer is to hold its files for ransom. By encrypting them, they are rendered useless to the victim who will have to pay or otherwise to receive the decryption key needed to access the files again. Attacks of this kind were first described by Young & Yung (Malicious Crtypography, Wiley) and have now been seen in reality .
Pornography
A substantial quantity of both hardcore and softcore pornography, including material designed to appeal to paedophiles, is available on the Internet. Ostensibly, it is aimed at adults and it may or may not be illegal for adults to read or view depending on the rules of the state of residence. Child pornography is illegal in most states. Even if the pornography is not illegal per se, it may nevertheless be considered harmful or distressing for others to see, whether as adults coming across it unexpectedly or as children. The various offences relate to possession, storage and distribution of obscene material, although some states do not criminalise mere possession so long as there is no attempt to show it to others, and then only if distribution is for gain (English law: s2(1) Obscene Publications Acts 1959 and 1964). But child pornography, which features the sexual abuse of children, is often considered so serious that mere possession is an offence. The general test of "obscenity" is whether the material tends to "deprave and corrupt" those who are likely to read, see, or hear it.