You have been accused of a white-collar crime, such as financial fraud. It is a technical crime, so the police believe that you looked up advice on how to carry it out, simply by searching on the Internet. They may want to review your browser history to see what conversations you had with other people online, what types of websites you visited, what content you read, how long you stayed on those pages and other such details.
In other words, the police may believe that your browser history will give them key evidence showing that you intentionally researched the financial fraud and then carried it out. They may assume this will quickly lead to a conviction.
But whenever you use your computer, you always use incognito mode or another form of private browsing. Since you do this, does that mean that any potential evidence would be hidden from the authorities?
It is only hidden locally
The important thing to remember about these types of browser settings is that they are a local feature. Your browser does not store your web history if you are navigating in incognito mode. It is erased as soon as you close the window.
But information can still be found in other locations. A common example is your Internet service provider. Your ISP still has records of the sites that you visited, even if they are not saved on the local browser on your personal computer.
Another thing to consider is where the browsing took place. If you were on a work computer at the time, you were connected to your employer’s network. In that case, your employer likely has records of all the sites you visited as part of that network activity, even if the browser itself did not save the history.
White-collar crime accusations can be very complex, especially when considering digital evidence and online activity. This demonstrates why it is so important to understand all of your defense options.
