DDOS Attacks Lawyer
How Lawful are DDOS Attacks?
The lawfulness of DDOS attacks has been contended in countries across the world and right here in the United States. Some people say that the penalties for a DDOS attack are too severe, and they liken DDOS occurrences to peaceful protest. Then there are those that stand to the contrary and outright call DDOS instances and their participant’s criminal. Some DDOS attorneys are on the fence about the treatment of this particular circumstance also.
The acronym DDOS stands for disturbed denial of service. Disturbed denial of service is the action of overpowering a server until it can longer function properly if at all. A simplified explanation of a DDOS attack is when a particular server (the target) is being sent repeated request at a rate that is in excess of the server’s capabilities and its bandwidth and causes if to shut down and go offline. There is no permanent or lasting damage, but it’s not until the systems attacks stop that the downtime and irregular issues will cease.
There have been petitions sent to the White House in order to take the DDOS attacks into a new light and from under the laws, they are currently governed by. Some say this should be treated like a protest and should not have such severe fines. But if you’re a DDOS victim, it might seem more important for you. There are some DDOS attorneys who are arguing the same thing but it is really a matter of opinion and a matter of national security some say.
DDOS Attacks Lawyer Can Be Your Legal Shield
The final decision about is there a necessity to involve any legal forces often bases on various emulating issues. On the one hand, a growth of the abundance of DDOS attacks drives to substantial increasing of attention from many different law enforcement organizations, that later leads to increased effectivity in recognizing and prosecuting probable offenders. It is usual for federal law agencies to possess basic knowledge about groups or individuals who may be responsible for organizing and operation DDOS attacking, so they also often understand how is possible to remediate or react for them. On the other hand, that information may be later used as a resource for a mutual exchange between the law enforcement agency and another organization, so they don’t rush to share it completely. Furthermore, alerting different law enforcement agencies leads to even bigger involving it into investigation process, which also gives it considerably more control. From both sides, the issue doesn’t look perfect. That’s why in the case of DDOS attack an organization needs to immediately contact its legal representant to find out all possible privileges as well as disadvantages of involving law enforcement depending on unique details of the concrete situation.
There are some ways to ensure a protection for a client of DDOS attacks attorney. First of all, a primary move for the efficient response, as well as for sufficient investigation, for each of probable cyber crimes, is attracting high professional New York cybercrime defense lawyer to be confident all important investigative documents and basic information are under attorney-client privilege protection. Some significant moves to protect this privilege are attracting skilled legal expert into the investigation process at the earliest stage, explaining all the potential circumstances and consequences of the litigation proceedings, and keeping cyber security and judicial professionals throughout the whole counseling.
If website operation process and main business options are broken, further goals include analyzing even the smallest details of the actual DDOS attack to define what kind of legal involvement is obligatory in this case. Speaking about the technical side, it’s necessary to set up specific indicators to limit the risks of future losses. The special analysis will be also required to understand what exactly personal data and important information probably was damaged.
The main aim of the organization is to assure all services are back to normal working and the most significant data and processes are preserved. After that, it is imperative to contact NYC DDOS attacks attorney to be sure that all necessary measures are taken and that they will not endanger substantial evidence.
Learn More About DDOS Attacks Charges and Penalties
DDOS attacks fall under the federal statute here in the United States. It is possible for a person to be charged with both civil and criminal complaints about service DDOS attacks. A DDOS attorney should be highly skilled in this area of law and should let their client know that there is relatively no difference between a distributed attack and denial of service as both occurrences fall under the same law. Your DDOS attorney should also let it be known from the beginning that you only need to have culpability in the occurrence or attempt it to be accountable for prosecution.
While this is generally worded, DDOS can be categorized as transmission of a “program, command, or information code”. And the disruption in service can be addressed under 18 U.S.C. § 1030(e)(8). According to the law and sentencing guidelines, an individual can be sentenced up to 20 years in prison. Retaining a specialized DDOS attorney is a priority decision when faced with consequences like these.
In addition to criminal charges and penalties, there are hefty fines from a civil perspective that a person will face and may need to utilize a DDOS attorney to help contain the situation. Depending on if a denial of service attack was used in the commission of a crime will also determine if more time will be added to a sentence if one is charged. Denial of services occurrences is usually used for a distraction for a larger purpose, normally some kind of fraudulent activity taken place behind the scenes.
NYC DDOS Attacks Defense
A person’s DDOS attorney needs to be knowledgeable of the Computer Fraud and Abuse Act if they are to adequately defend their client from such charges. The basis of a DDOS successful or attempted attack is addressed under 18 U.S.C. § 1030(a)(5)(A).
Whenever you or someone you know is a victim of the DDOS attack, or if you were wrongfully charged for the cyber crime you are not responsible for, it is crucial to contact tempered cyber crime litigator to protect yourself and your business if it is involved. If you have any questions or need a legal consultation, contact the Law Office of Yelena Sharova P.C. Our New York legal specialists are ready to provide you help your case demands.