As the internet has become a standard part of our life, judges have tried to figure out how our existing laws and precedents apply in the digital age. The courts must balance law enforcement’s need to investigate crimes with the constitution’s protections against unreasonable search and seizure. Similarly, they must balance the government’s interest in prosecuting criminals with the presumption of innocence of those accused of crimes. To those ends, they have determined that while IP addresses may be enough to justify the issuance of a warrant, they are insufficient to result in a conviction without additional evidence.
Investigating Cyber Crimes Using an IP Address
Computer crimes are notoriously difficult to investigate, which is why the San Diego Police Department has a special unit devoted exclusively to handling these types of cases. In many cases, the only thing investigators have to go on is an IP address, which can give them the name and address of someone who may be involved with the crime. Unfortunately, most criminals with a basic understanding of computers know this and rely on VPNs or IP spoofers, which is why IP addresses often lead investigators to suspect innocent people. Even with an IP address, it is incredibly difficult to prove who was actually committing a crime behind the screen. Merely identifying the specific machine used in a computer crime is hard enough, but discovering who was, or was not, using the computer when the crime actually occurred is even more challenging —especially if the computer is frequently used by more than one person.
Many privacy rights advocates and defense lawyers believe with the number of innocent people tied to IP addresses used by criminals, this information alone shouldn’t be enough evidence to use for a warrant. However, for the time being, the courts have ruled that IP addresses are still considered to be strong enough evidence to allow police to search your home. If the police have obtained a warrant for your home based on your IP address, they will attempt to discover enough proof to secure a conviction against you. If law enforcement agents want to search your home, computer, or network, immediately contact a criminal attorney with experience handling complex computer crimes.
An IP Address isn’t Proof of Guilt
Many hackers commit crimes by stealing someone else’s wireless internet. Others use services like TOR exit relays, allowing them to surf the web anonymously. As a quick web search will tell you, this can turn the lives of innocent people upside down when the police come knocking. In the case of those who allow others to use their IP for Tor exit relays, it can mean having your home searched, being subjected to incredibly personal questions, and either voluntarily letting investigators search your devices or having them seized as evidence for an indeterminate amount of time.
For one family living in a remote farm in Kansas, an internet mapping glitch even turned their home into a living hell as they happen to live at the default address provided when IP mapping services can’t identify where someone actually lives. This story shows why attorneys believe letting police use nothing more than an IP address to track down a criminal is a problematic concept.
Is an IP Address Enough to Convict Someone?
Over and over, judges have secured the rights of those accused of computer crimes by determining that an IP address cannot be used as proof of identity alone, meaning it does not provide enough evidence to pursue legal action against a person. Merely having the person’s name associated with a particular IP address provides little proof of who actually committed the crime. In a 2014 ruling, Judge Washington District Judge Robert Lasnik specifically noted that “While it is possible that the subscriber is the one who participated… it is also possible that a family member, guest, or freeloader engaged in the infringing conduct.”
What Does This Mean for You?
It’s important to recognize that an IP address can still be used as evidence to help prosecutors to secure a conviction. However, if the only evidence in your case is an IP address, then there is insufficient proof to result in a conviction. Unfortunately, law enforcement agents tend to know this, which is why they often use an IP address as a starting point to trick someone into confessing by acting like they already have enough proof to obtain a conviction. These tactics are one of the many reasons that attorneys always advise their clients to refuse to speak with police without a lawyer.
If you have been accused of any computer crime, please call (760) 643-4050 or (858) 486-3024 to speak with criminal defense attorney Peter M. Liss at any hour of any day.