A ceases and desist letter is an official document where and your legal council advise a criminal to cease and desist their actions against you. In it, it describes the criminal nature of their activities, it notifies the offenders that you expect them to stop immediately, and states the penalties or actions your attorney will take if they do not. When used strategically and in the right context, it can be a successful tool for protecting your legal rights and stopping criminals.
Why Do Some Consider a Cease & Desist to Be a Scare Tactic?
A cease and desist letter is at its core a legal tool and a first step to stop unlawful activity. But to be effective, it requires certain factors. This is where many criticize begin to criticize and label a cease and desist order a “Scare Tactic”(1) in the world of cybercrime.
Why? Because in most cybercrimes the recipient of this letter is unknown. As illustrated by both Cornell(2), and California State University(3) a cease & desist letter begins with the header listing the identifying information of the offender and the introduction which would re-state the offenders name in connection with the crime they’ve committed.
Listing a cyber blackmailer’s alias or the fraudulent name they used in a case of catfishing, or worse, not listing a recipient at all, can send a mixed message and potentially exacerbate the situation in cases of online blackmail, cyber extortion, romance scams, or sextortion.
Even worse, your blackmailer may interpret your engagement with an attorney as proof that you have the financial resources worth extorting. In response, they could raise their demands or opt-in for immediate exposure and sharing of your private privileged information. If they believe the legal action is impractical or useless, they could use the letter as leverage, refusing to delete the information unless their demands are met.
You Need The Real Identity Of Your Blackmailer.
To make a cease and desist letter effective, you need to first determine the blackmailer’s true identity. In most cases of digital blackmail, the offenders try to remain anonymous, by utilizing fake accounts, VPNs, or other tools of their trade. Without this information, the letter cannot be properly addressed or enforced.
If you still want to pursue legal action with your attorney, the best choice is to leverage the skills of a cyber investigation company. Cybersecurity professionals can remove digital obstructions between you, your attorneys, and your digital blackmailer. Ensuring that you have the necessary information to turn your scare tactic into an enforceable notice.
You Also Need An Attorney With Proper Jurisdiction.
Identifying your harasser is only the first step, usually, international law, legal authority, and jurisdiction add a layer of complexity to the attorney handling your case. When a blackmailer resides in a different country or state, attorneys might have to move through a different legal system or work with a separate law firm that is licensed and who has the authority to file criminal charges in that country. Depending on the severity of the case, moving through international laws could take months or years for justice to be served.
Your Attorney May Need Help From A Cyber Security Firm.
Companies that specialize in a specialized form of cyber security known as digital forensics frequently work with attorneys in cases of cybercrimes. These professionals may locate the source of illegal activity, identify the criminal, and gather evidence to establish that your attorney can use to effectively work on your behalf. When evaluating attorneys that can help you deal with your blackmail situation, be sure to ask if they work with experts in digital forensics as this can increase the likelihood of stopping the blackmailer and preserving your interests.
Let Digital Forensics Corp Help.
If you’re a victim of digital blackmail, Digital Forensics Corp (DFC) can be your best option in times of despair. Our team of professionals can assist you in tracking blackmailers and minimizing the risk of exposure. Here’s how we can help.
- Cyber Investigation: We use advanced forensic tools to trace your blackmailer’s identity with IP address detection and digital footprint identifier.
- Evidence Collection: We gather legally admissible evidence to support your investigation process.
- Collaboration With Attorneys: Our team can help give the correct information to your legal counsel to ensure they have everything needed to take action and build a strong case.
- Ongoing Protection: We advise you on how to strengthen your cybersecurity to prevent future incidents.
For more information and to speak to one of our specialists, please visit our Blackmail Helpline Page or call directly at 888.521.1551 for 24/7 assistance.
Sources:
- https://highswartz.com/legal-insights/cease-and-desist-letters/
- https://www.law.cornell.edu/wex/cease_and_desist_letter
- https://www.csulb.edu/college-of-business/legal-resource-center/article/cease-and-desist-letters-defined-usage-and
DISCLAIMER: THIS POST IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSIDERED LEGAL ADVICE ON ANY SUBJECT MATTER. DIGITAL FORENSICS CORP. IS NOT A LAWFIRM AND DOES NOT PROVIDE LEGAL ADVICE OR SERVICES. By viewing posts, the reader understands there is no attorney-client relationship, the post should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.
