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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70708
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: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

How can I help with this please?

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear Jo,
I hope this is private and confidential
Expert:  Jo C. replied 1 year 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 1 year ago.
Jo. Please call me as soon as you can
Customer: replied 1 year ago.
I've committed a cyber crime
Expert:  Jo C. replied 1 year ago.

What specifically?

Customer: replied 1 year ago.
I have created an account in another person's name
Expert:  Jo C. replied 1 year ago.

And ?

Customer: replied 1 year ago.
Can you call me? I am sorry for this. I am very anxious now
Expert:  Jo C. replied 1 year ago.

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

Customer: replied 1 year ago.
I'm calling from Ireland
Customer: replied 1 year ago.
Is it feasible?
Expert:  Jo C. replied 1 year ago.

I'm trying now.

Expert:  Jo C. replied 1 year ago.

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

Expert:  Jo C. replied 1 year ago.

I can deal with this online if that would help?

Customer: replied 1 year 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 1 year ago.
Can you give me your number? I can try calling
Expert:  Jo C. replied 1 year ago.

You mean you used another person's identity?

A real person?

Customer: replied 1 year ago.
I have harassed the person's friends.
Expert:  Jo C. replied 1 year ago.

By doing?

Customer: replied 1 year ago.
Sending messages that spoiled the person's reputation.
Customer: replied 1 year ago.
Jo, I really wish you could give me a call
Expert:  Jo C. replied 1 year ago.

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

Expert:  Jo C. replied 1 year ago.

In what specific way did you spoil their reputation?

How many messages roughly?

Customer: replied 1 year 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 1 year ago.

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

Expert:  Jo C. replied 1 year ago.

You can always paraphrase what you have said?

Customer: replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
I used the profile to clicked like and shared photos of her friends.
Customer: replied 1 year ago.
I think they got offended with the 'gold digger' part. Is it defamation?
Expert:  Jo C. replied 1 year ago.

Well, that is high end.

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

Customer: replied 1 year ago.
If they tracked me down, would they inform the person whom lodged the report of my identity?
Customer: replied 1 year ago.
Can I counter sue if he is to expose my identity online?
Expert:  Jo C. replied 1 year ago.

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

Customer: replied 1 year ago.
I used incognito mode. Is it traceable?
Expert:  Jo C. replied 1 year 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 1 year 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 1 year ago.
Does Facebook usually respond or do they have tonnes of cases that they do no tend to?
Customer: replied 1 year ago.
Means the fact that I was imposing as him and calling his sister 'gold digger' wasn't a serious crime?
Customer: replied 1 year ago.
I chatted with about 5 of his contacts. But not more than that.
Expert:  Jo C. replied 1 year ago.

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

Customer: replied 1 year ago.
Does the police usually 'tell' the 'exact' identity of the person committing the crime to the person reporting?
Expert:  Jo C. replied 1 year ago.

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

Customer: replied 1 year 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 1 year ago.
By proving, 'prove' means? It's up to the police or the person reporting?
Expert:  Jo C. replied 1 year ago.

Oh no, it depends how much manpower they have.

Expert:  Jo C. replied 1 year ago.

For very trivial offences they will waste fortunes sometimes.

But not always and not often.

Customer: replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.

It is very unlikely they would pursue this cross border.

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

Customer: replied 1 year 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 1 year ago.

The police won't.

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

Customer: replied 1 year 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 1 year ago.

IP first.

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

Customer: replied 1 year ago.
Oh I see. Physically track my computer? Or virtually?
Expert:  Jo C. replied 1 year ago.

No, your IP address.

It is your internet provider.

Customer: replied 1 year 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 1 year ago.

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

Customer: replied 1 year 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 1 year 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 1 year 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 1 year ago.

It is very unlikely they would pursue this cross border.

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

Customer: replied 1 year 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 1 year ago.

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

Customer: replied 1 year ago.
Alright, Jo. Thank you. You've been of great help. I really appreciate this.
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.