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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience:  Over 5 years in practice
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I need urgent help on cyber law. Very urgent

Customer Question

Hi. I need urgent help on cyber law. Very urgent
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

How can I help with this please?

Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Dear Jo,
I hope this is private and confidential
Expert:  Jo C. replied 9 months ago.

Hi. No, this is a public site and your posts are visible but you are anonymous.

I can phone but do you want to tell me the issue so that we know whether I can help or not.

Customer: replied 9 months ago.
Jo. Please call me as soon as you can
Customer: replied 9 months ago.
I've committed a cyber crime
Expert:  Jo C. replied 9 months ago.

What specifically?

Customer: replied 9 months ago.
I have created an account in another person's name
Expert:  Jo C. replied 9 months ago.

And ?

Customer: replied 9 months ago.
Can you call me? I am sorry for this. I am very anxious now
Expert:  Jo C. replied 9 months ago.

Do I have the right number? It seems to be a foreign number ?

Customer: replied 9 months ago.
I'm calling from Ireland
Customer: replied 9 months ago.
Is it feasible?
Expert:  Jo C. replied 9 months ago.

I'm trying now.

Expert:  Jo C. replied 9 months ago.

It doesn't seem to be connecting. It might be that I'm in the UK.

Expert:  Jo C. replied 9 months ago.

I can deal with this online if that would help?

Customer: replied 9 months ago.
Okay. I created a fake Facebook profile out of humour. And now the person has reported to the police. What are the odds of me being caught?
Customer: replied 9 months ago.
Can you give me your number? I can try calling
Expert:  Jo C. replied 9 months ago.

You mean you used another person's identity?

A real person?

Customer: replied 9 months ago.
I have harassed the person's friends.
Expert:  Jo C. replied 9 months ago.

By doing?

Customer: replied 9 months ago.
Sending messages that spoiled the person's reputation.
Customer: replied 9 months ago.
Jo, I really wish you could give me a call
Expert:  Jo C. replied 9 months ago.

It is not connecting. Probably because you are abroad. I have tried twice.

Expert:  Jo C. replied 9 months ago.

In what specific way did you spoil their reputation?

How many messages roughly?

Customer: replied 9 months ago.
Oh. Sorry. Thank you for your efforts. What can I do now Jo? I have sent messages to the person's friends. How can I say this? Is there a private email you can use?
Expert:  Jo C. replied 9 months ago.

No, we have to have contact online. YOu are anonymous.

Expert:  Jo C. replied 9 months ago.

You can always paraphrase what you have said?

Customer: replied 9 months ago.
Okay. I created an account of this person. Also created a fake business page for his family business and promoted the business. Chatted with his friends. He has made a police report. Can you tell me what is going to happen from here onwards?
Expert:  Jo C. replied 9 months ago.

It depends what you have said really.

However, they are not going to consider this the crime of the century.

Almost certainly they can only trace you by IP address. They can do that but it is quite time consuming and they don't do it for every offence.

If this is a large amount of contact then possibly they would.

Expert:  Jo C. replied 9 months ago.

They would for things like offensive comments on a memorial site for instance.

Or for serious crime.

This isn't grave crime but it could be serious if there is a huge volume of contact.

Expert:  Jo C. replied 9 months ago.

Even if they do track you down though, it is only a S2 harassment. There are some aggravating features but it doesn't change the nature of the offence.

Customer: replied 9 months ago.
Okay Jo. I called his sister a gold digger. Then I used his 'shop' to promote discount for automobile services and tattoo services, when in reality there is no tattoo services. I offered discounts.
Customer: replied 9 months ago.
I used the profile to clicked like and shared photos of her friends.
Customer: replied 9 months ago.
I think they got offended with the 'gold digger' part. Is it defamation?
Expert:  Jo C. replied 9 months ago.

Well, that is high end.

Not calling his sister a gold digger but the corporate issues.

Customer: replied 9 months ago.
If they tracked me down, would they inform the person whom lodged the report of my identity?
Customer: replied 9 months ago.
Can I counter sue if he is to expose my identity online?
Expert:  Jo C. replied 9 months ago.

No, he is entitled to do that if he wishes.

Customer: replied 9 months ago.
I used incognito mode. Is it traceable?
Expert:  Jo C. replied 9 months ago.

In truth, he could force Facebook to identify the IP address.

Whether or not that would link is another matter.

Even incognitos can be traced but that gets extremely labour intensive. That is not likely.

Customer: replied 9 months ago.
Do the police look into every case? I'm sorry for the questions Jo. Thank you for being so patient with me.
Customer: replied 9 months ago.
Does Facebook usually respond or do they have tonnes of cases that they do no tend to?
Customer: replied 9 months ago.
Means the fact that I was imposing as him and calling his sister 'gold digger' wasn't a serious crime?
Customer: replied 9 months ago.
I chatted with about 5 of his contacts. But not more than that.
Expert:  Jo C. replied 9 months ago.

Facebook won't be able to trace an incognito IP but the police can. They do not usually.

Customer: replied 9 months ago.
Does the police usually 'tell' the 'exact' identity of the person committing the crime to the person reporting?
Expert:  Jo C. replied 9 months ago.

To bring any prosecution they will need to prove the identity of the poster.

Customer: replied 9 months ago.
Oh that's a relief. Under what circumstances do they go into the hassle of tracing the IP? Only as serious as life-threatening issues?
Customer: replied 9 months ago.
By proving, 'prove' means? It's up to the police or the person reporting?
Expert:  Jo C. replied 9 months ago.

Oh no, it depends how much manpower they have.

Expert:  Jo C. replied 9 months ago.

For very trivial offences they will waste fortunes sometimes.

But not always and not often.

Customer: replied 9 months ago.
Okay. Let me get through this calmly.
What are the odds of my case being looked into?
Are my offences considered 'grave' if viewed legally? Considering I have hurt the person's relationships with his contacts.
As for the corporate issues, what charges could they hold me accountable for?
Customer: replied 9 months ago.
If identified, what will they police do with the information? What happens if they traced my IP address? Would they 'find out' my name as well? Or only the IP?
Expert:  Jo C. replied 9 months ago.

No, it is only the IP but obviously if it was at home then that is fairly strong evidence that it was you.

Customer: replied 9 months ago.
Okay. Thank you for the clarification. I am currently residing in another country, and the person I 'offended' is residing in my home country. Under which country's law could they hold me accountable? Will they get my home address from the IP?
Expert:  Jo C. replied 9 months ago.

It is very unlikely they would pursue this cross border.

What they will probably do is close the Facebook page down.

Customer: replied 9 months ago.
Thank you. You've been very helpful. I've closed the page. Can I be rather sure that the police or the person lodging the report will not contact my employer about my cyber 'misconduct'?
Expert:  Jo C. replied 9 months ago.

The police won't.

The person concerned could I suppose. They have to identify you first though.

Customer: replied 9 months ago.
I'm sorry for flooding this channel with questions. I'm quite confused here. What are the steps required for them to 'identify' me? IP? Look into everything else I did on my computer?
Expert:  Jo C. replied 9 months ago.

IP first.

They could check your computer but they obviously need IP to trace that.

Customer: replied 9 months ago.
Oh I see. Physically track my computer? Or virtually?
Expert:  Jo C. replied 9 months ago.

No, your IP address.

It is your internet provider.

Customer: replied 9 months ago.
Oh, after they've tracked my IP address? Considering I'm living abroad, and has yet to register my new place. I just moved to a new place 2 weeks ago and hasn't updated my address legally.
Expert:  Jo C. replied 9 months ago.

Oh it will. You will have a unique IP. Everybody does.

Customer: replied 9 months ago.
How long does it take to track IP address? You mentioned that they can only track IP but not identity (unless proven). Is it easy to prove a certain identity using an IP address?
Expert:  Jo C. replied 9 months ago.

It depends. It is quite time consuming but there are so many variables it isn't possible to say.

As I have said really, it depends on the IP address. An internet cafe is used by a many. A home address is not.

Customer: replied 9 months ago.
Okay. Jo, I used a home address. 1. If they tracked me down, will the police inform the person reporting? 2. Will the police press charges? Or the said person press charges? 3. What are the things that they could legally do with the information? 4. Any possibility of jail or fine?
Expert:  Jo C. replied 9 months ago.

It is very unlikely they would pursue this cross border.

What they will probably do is close the Facebook page down.

Customer: replied 9 months ago.
Jo, I was using an ISP in another country. Does it mean the police need a warrant to 'pursue this cross border'? Even if it's just to trace my IP, does it require them to do come up with documents and procedure? Does what I'm saying resonates with your answer?
Expert:  Jo C. replied 9 months ago.

No, they just need the cooperation of the local forces which they can get but will do not seek.

Customer: replied 9 months ago.
Alright, Jo. Thank you. You've been of great help. I really appreciate this.
Expert:  Jo C. replied 9 months ago.

No problem.

All the best.

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