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  1. #1
    Join Date
    Feb 2017
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    Default Is an IP Address Sufficient to Support a Criminal Conviction

    My question involves criminal law for the province of: Ontario in Canada.

    Someone might me posing as me using my IP because my accounts got hacked and I want to know if they can trace the hacker's IP to me will they be able to charge me? I read that you can't charge someone on an IP alone because it does not indicate who it was SPECIFICALLY who did it.

    And if they can't charge me in court, can they still lock me up in holding until the court date? Like at the police station or courthouse?

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Is an IP Address Sufficient to Support a Criminal Conviction

    Although it is possible to spoof an IP address, if the police suspect that a crime is being committed from your IP address at your house, it's easy enough for them to get a warrant to verify the Internet activity from your home's Internet account. They may also have a MAC number for the computer that was used in whatever criminal activity they're investigating, and if so they can see if it matches one you own. It is going to depend upon what criminal activity they're investigating, and what resources they put into the investigation.

    Be aware that, "Somebody must have used my Internet connection" or "Somebody must have spoofed my IP" will be something that the police have heard before, and they're going to start from that point of experience that tells them, usually that's not true.

  3. #3
    Join Date
    Feb 2017
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    Default Re: Is an IP Address Sufficient to Support a Criminal Conviction

    Quote Quoting aaron
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    Although it is possible to spoof an IP address, if the police suspect that a crime is being committed from your IP address at your house, it's easy enough for them to get a warrant to verify the Internet activity from your home's Internet account. They may also have a MAC number for the computer that was used in whatever criminal activity they're investigating, and if so they can see if it matches one you own. It is going to depend upon what criminal activity they're investigating, and what resources they put into the investigation.

    Be aware that, "Somebody must have used my Internet connection" or "Somebody must have spoofed my IP" will be something that the police have heard before, and they're going to start from that point of experience that tells them, usually that's not true.
    But isn't it true that the IP doesn't prove it was ME directly? Even the internet activity doesn't say it was me. Is there really no way out of this, does this jerk who hacked me win?

  4. #4
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    Feb 2014
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    Default Re: Is an IP Address Sufficient to Support a Criminal Conviction

    Quote Quoting supervegeta
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    But isn't it true that the IP doesn't prove it was ME directly? Even the internet activity doesn't say it was me. Is there really no way out of this, does this jerk who hacked me win?
    There are sites all over the interwebs that discuss how IP addresses work/are assigned to most users, what network packets are and what information they contain. I suggest you go read up on those things before you make claims that have no basis in how networks and the hardware that runs them work.
    Don't make me quote Monty Python at you.

  5. #5

    Default Re: Is an IP Address Sufficient to Support a Criminal Conviction

    Lol, I had a very similar situation happen to me a few weeks ago with a woman in Canada posing as me on social media and harassing and threatening others I did not know. I contacted authorities in the US and they are investigating the IP addresses used to log into those social media accounts, and I was told by my personal defense lawyer that they can bring an impersonation and identity theft case to conviction on basis of that data.

    It's really hard to hack into someone's encrypted network connection, let alone spoof their personal IP address. And why would someone go to those lengths just to hack into your personal accounts, when they could just easily set up a VPN client that completely masks their identity anyways? And why are you immediately jumping to the conclusion that they could be using your own network credentials? Let alone, conducting criminal activity that might land you in trouble?

    Lastly, there is another post on this forum by Question4Law under the thread heading "almost viewed child porn", where authorities were able charge and convict an offender for attempted child porn access on basis of his personal IP address, which was used to click on a decoy link. Apparently that was enough to not only arrest and charge, but convince a jury that it was him who clicked the link.

    Quote Quoting supervegeta
    View Post
    But isn't it true that the IP doesn't prove it was ME directly? Even the internet activity doesn't say it was me. Is there really no way out of this, does this jerk who hacked me win?
    In the US, they don't need scientific fact to convict in many states. They can charge and convict off circumstantial evidence alone. Also, how do you know the internet activity doesn't say it was you? If you've accessed your 'hacked' internet accounts since this activity started, your ISP is going to have record of you being the one to visit those sites.

    ...so is your p-list registry on your computer. If you are knowingly under investigation for internet crimes, it is illegal to tamper with or destroy evidence. But just thought you should know that.

    Quote Quoting supervegeta
    View Post
    And if they can't charge me in court, can they still lock me up in holding until the court date? Like at the police station or courthouse?
    This is a confusing question, because the only way you'd have a court date is if you were formally charged in court. In the US, they need probable cause to arrest and detain you, and in a case like this if they had PC they'd probably have enough to also formally charge you with a crime in the court. In which case you would need to post bond for your release, else you will be incarcerated at the county jail until the case is adjudicated.

    Jenna, is that you?

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