The Limitations of IP Addresses in Proving Identity in Pennsylvania Computer-Related Offenses

In Pennsylvania, as in most other states, the burden of proof lies with the prosecution in criminal cases. This means that in order to secure a conviction for a computer-related offense, the prosecution must prove that the person charged with the offense is the same person who actually committed the offense. Merely having an IP address does not prove identity as required under Pennsylvania law in computer-related offenses.

An IP address is a unique identifier assigned to each device connected to the internet. In the case of computer-related offenses, law enforcement may use IP addresses to help identify the location from which the offense was committed. However, an IP address alone is not enough to definitively prove the identity of the person who committed the offense.

There are several reasons why merely having an IP address does not prove identity in computer-related offenses. Firstly, it is possible for multiple people to use the same IP address. For example, in a household with multiple people using the same Wi-Fi network, all users will have the same IP address. In such cases, it is not possible to definitively prove who committed the offense with the IP address alone.

Secondly, it is possible for someone to use a fake or anonymous IP address to conceal their identity. In such cases, the IP address obtained by law enforcement would not provide any useful information about the identity of the person who committed the offense.

Finally, it is possible for someone to use a remote computer to commit an offense. In such cases, the IP address obtained by law enforcement would only provide information about the location of the computer, not the actual location of the person who committed
the offense. So in other words the computer is guilty but there’s no proof of the person.

In conclusion, merely having an IP address does not prove identity as required under Pennsylvania law in computer-related offenses. To secure a conviction, the prosecution must use additional evidence to prove the identity of the person who committed the offense.
If you are facing charges related to a computer-related offense in Pennsylvania, it is important to work with an experienced criminal defense attorney who can help you understand your rights and build a strong defense.

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PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.