The questions below offer a general framework on account takeover, fake accounts, the liability of a person who lets others use an account, and digital evidence. In a specific case, the time limits, the documents and the regulations in force are assessed separately.
Showing 1–4 of 4 questions
Which records should be preserved first when a social media account is taken over?
Account access notifications, session history and the platform’s security records should be preserved without delay.
When changing the password and enabling two-step verification, the dates of screenshots, suspicious IP/device information and unauthorized transactions should be recorded. The public prosecutor’s office may be asked to request the platform and service provider records through the proper procedure.
Does opening a fake account using someone’s identity information constitute a crime?
Depending on the specific act, provisions on cybercrime, personal data or other criminal provisions may come into play.
The purpose of the account, whether it misled others, the personal information used, the access records and the harm suffered are examined. Not every fake account automatically constitutes the same type of offense.
Is a person who lets someone else use his or her bank account necessarily liable for fraud?
No; the person’s knowledge and intent and contribution to the offense must be determined with concrete evidence.
The opening of the account, money inflows and outflows, communication records, commission or benefit, the persons who actually accessed the account and the time at which the event was learned of are investigated. The mere fact that the account belongs to the person does not prove that every element of the offense has been fulfilled.
Is a screenshot of a digital conversation reliable evidence on its own?
A screenshot may be considered as evidence; however, the integrity of its content and its source may be disputed.
The original device or platform record, time information, identification of the user, any suspicion of editing and a proper examination are important. Whether private conversations obtained unlawfully can be used as the basis of a judgment is assessed separately.