Cybercrime litigation calls for very specific skills that Cabinet FÉRAL mobilises for its clients.

Cybercrime, or computer crime, covers both special offences arising from the development of technology and the widespread use of it (such as the offences of fraudulent intrusion or infringement of data processing systems) and legal offences whose commission is permitted or facilitated by the use of the Internet (fraud, harassment, defamation, insults or acts of a racist or xenophobic nature, counterfeiting, violation of private correspondence, infringement of online gambling regulations ).

This new form of dematerialised crime raises specific questions: identification of the persons responsible – sometimes under a pseudonym -, responsibility of the various actors (publishers, hosts, Internet access providers), application of criminal law in space, proof of offences, etc.

Familiar with these issues, the lawyers at Cabinet FÉRAL assist their clients who are victims or defendants at all stages of criminal proceedings, from preliminary investigations in collaboration with the specialised offices (OCLCTIC, SDLC, BEFTI) to the holding of the trial and the execution, if necessary, of remedial measures.

Recent experiences

1. Assistance from a law firm in the regulatory, civil and criminal proceedings following a computer attack;

2. Assisting an individual in criminal litigation relating to fraudulent investments in Bitcoin;

3. Assistance to a company specialised in offering products and services to companies and their employees and to its director, victims of identity theft on social networks for the purpose of attempted fraud;

4. Assistance to a media group in the context of a criminal dispute relating to the provision of fraudulent IPTV subscriptions intended to allow unauthorised access to conditional access television service offers;

5. Assistance to a major conditional access television programme publisher in the context of a major dispute relating to the piracy of its encrypted channels and their content (in particular sports content), and their availability on the Internet free of charge and without its authorisation, involving major criminal sanctions and compensation claims, and accompanied by discussions on the methods of combating these frequent infringing acts upstream;

6. Assistance to a minor accused of having participated in the creation and supply of a forum making music and audiovisual files and computer software available to Internet users without the authorisation of the rights holders. The sums claimed by the latter as damages were considerably reduced by the Juvenile Court in its judgment.

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