Instructions

Around June $2000,$ the FBI set up Invita, a sting operation posing as a computer security company in Seattle, Washington. Defendant Vasiliy Gorshkov and Mr$.$ Alexey Ivanov flew from Russia to Seattle, where they met with undercover FBI agents at the Invita office. During the meeting, Gorshkov used an FBI laptop computer to demonstrate his computer hacking and computer security skills. He also accessed his computer system in Russia. After the meeting, both men were arrested.

Following the arrest and without Gorshkov's knowledge or consent, the FBI searched and seized the laptop and all the keystrokes made by Gorshkov. The FBI then obtained Gorshkov's username and password that he had used to access the Russian computer. Using the login information, the FBI logged onto the defendant's computer system in Russia and downloaded the file contents of the computer$($s$)$ without previously obtaining a warrant.

According to the indictment, Ivanov and Gorshkov had defrauded PayPal through a scheme in which stolen credit cards were used to generate cash and to pay for computer parts purchased from vendors in the United States. The FBI's undercover operation was established to entice Ivanov and his accomplices responsible for these crimes to travel to U$.$S$.$ territory.

The Court found that the defendant could not have had an actual expectation of privacy in a private computer network belonging to a U$.$S$.$ company, Invita, and a computer that was not his. In addition, the defendant knew that the systems administrator could and likely would monitor his activities over Invita's network.

Additionally, the court held that FBI's actions were reasonable under the exigent circumstances. A previous judgment concluded that an unlawful temporary seizure is allowed if supported by probable cause and designed to prevent the loss of evidence while police obtain a warrant in a reasonable period of time. In this case, the agents had a good reason to fear that co$-$conspirators would and could destroy evidence, or make it unavailable since electronic data and evidence can be moved to a different computer with ease, and access to it could be prevented with a mere change of password or pull of the power plug.

Gorshkov and Ivanov were sentenced to serve $36$ months in prison on $20$ counts of conspiracy, various computer crimes, and fraud. Gorshkov was also ordered to pay restitution of nearly $$700,000$ for the losses he caused to Speakeasy and PayPal.

Case$-$related files

UNODC SHERLOC Case Law Database UNODC No$.$: USAx$103.$

DOJ Press Release.

United States v$.$ Gorshkov, $2001$ WL $1024026,$ U$.$S$.$ Dist. LEXIS $26306($W$.$D$.$ Wash. $2001).$

Google Scholar Case Law

Significant Considerations to Cover in your assignment:

Legality of a sting operation

Legality of transnational evidence gathering

Evidence gathering presents specific challenges in case of cybercrime. What are these challenges?

The Russian authorities $($i$.$e$.,$ the Federal Security Service$)$ filed criminal charges against an FBI agent, accusing the FBI of hacking. Please, discuss whether you believe that this accusation is justified and, if so$,$ why