Jeremy Malcolm

I am Jeremy Malcolm, a tech-savvy attorney who was admitted to the New York Bar in 2009. I offer legal services remotely, covering all areas of law with a particular focus on intellectual property, Internet, and AI law. My deep understanding of emerging technologies allows me to provide strategic guidance on complex legal issues that arise at the intersection of law and innovation. My practice includes copyright, trademarks, privacy, cybersecurity, and regulatory compliance in the digital landscape... but I thrive on the diversity of my practice, so yes I can also handle your divorce, will, or criminal defense.

I am adept at advising startups, creators, and tech companies, combining legal acumen with technical insight to deliver effective solutions in an evolving legal environment. I am also the founder of AskLex.ai, a unique AI-enabled online legal advice service that allows you to have AI legal answers reviewed by a real lawyer.

I was first admitted to practice law in Australia in 1996 and later in New York in 2009. I am the author of "Multi-Stakeholder Governance and the Internet Governance Forum" (2008), and I serve as the Chair of the Center for Online Safety and Liberty.

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New York

New York State Office of Court Administration

Since 2009

High Court of Australia

Since 2006

Supreme Court of Western Australia

ID Number: 2507786

Since 1995

Murdoch University

Ph.D. (2008) | Law

2006 - 2008

Activities: Thesis on "Multi-Stakeholder Public Policy Governance and its Application to the Internet Governance Forum"

Murdoch University

LL.D. (1994) | Law

1990 - 1994

Honors: Honors

Australian Open Source Award

Australian Unix and Open Systems Users Group (AUUG)

2004

For outstanding contribution to the understanding of para-technical and legal issues.

Center for Online Safety and Liberty

Chair

2018 - Current

Multi-Stakeholder Governance and the Internet Governance Forum

Terminus Books

January 1, 2008

Certified Payments & Fraud Prevention Professional

Merchant Risk Council (MRC)

2023

Q. What can I do if another student recorded my child in a school bathroom and posted it online?

May 17, 2025

A: I’m so sorry that your family is going through this. Here are some important steps to consider:

1. Document Everything

• Preserve the video evidence, including the original video and any screenshots or metadata (timestamps, usernames, platform), but do not upload it or copy it anywhere new in case it is classed as child pornography which would be illegal to possess.

• If possible to do so without reproducing possibly illegal content, take screenshots of where the video was posted (including comments or shares if possible) in case it’s removed later.

2. Report to the School

• Contact the principal or administration as soon as possible on Monday. Request a formal meeting.

• Provide them with a written summary of the incident, including dates, names (if known), and evidence.

• Ask them to confirm their next steps in writing, including what protections will be in place for your child.

• Request that they consider Title IX (if you’re in the U.S.), as this may constitute sexual harassment in an educational setting.

3. File a Police Report

• This may constitute a criminal offense: invasion of privacy, child pornography laws (even if the offender is a minor), or unlawful surveillance, depending on your jurisdiction.

• Bring the video and documentation to the police. They may involve juvenile authorities or cybercrime units.

4. Contact the Social Media Platform

• Report the video immediately using the platform’s reporting tools. Flag it as non-consensual content involving a minor.

• If necessary, submit a privacy violation report under their child safety policies. Many platforms act quickly in such cases.

5. Speak to a Lawyer

• You may want to consult an attorney who deals with juvenile law, education law, or civil rights.

• They can advise on your child’s rights, potential civil actions (against the family of the student who recorded), and remedies if the school fails to act appropriately.

6. Support Your Child

• This can be traumatic. Consider involving a therapist or school counselor who is trained in dealing with privacy violations and online harassment.

• Ensure your child knows they are not at fault.

7. Follow Up with the School

• After your Monday meeting, send a follow-up email summarizing what was discussed and ask for written documentation of actions taken.

• If the school does not respond appropriately, you may wish to escalate to the school district or board of education. ... Read More

Q. Can I get in trouble if an online contact lied about their age? In MI, met someone online claiming to be 18, later found out they were 17. No lewd images, just flirtatious texts. Could I get into legal trouble if they press charges despite having proof of their age misrepresentation?

May 13, 2025

A: It is unlikely that you will face any trouble over this. Technically, anyone can report anything to the police, but police and prosecutors evaluate intent, content, and harm. A charge is unlikely to be pursued unless there’s clear evidence of grooming, sexual content, or coercion. The person’s documented age misrepresentation strengthens your defense, and in any case, the age of consent for sex in Michigan is 16 (though it's 18 for exchanging lewd images).

You should keep a screenshot of the chat showing their initial claim of being 18, just in case you need it. But most likely you will not hear anything more about it. There is nothing wrong with blocking the person for your own safety in this situation. ... Read More

Q. Legal consequences for a minor admin involved in cybercrime activities.

May 13, 2025

A: You could be implicated in conspiracy to commit a crime or aiding and abetting cybercrime, even if you didn't commit any hacks yourself. This could include wire fraud and money laundering crimes, or crimes under the Computer Fraud and Abuse Act (CFAA) for trafficking in stolen credentials.

Juvenile courts often handle first-time offenders under 18 differently. The focus is more on rehabilitation. However, if the crimes are serious enough or if the minor is close to 18, the government may try to charge them as an adult, especially in federal court.

It doesn't necessarily say much that you haven't had any law enforcement involvement as they can be investigating quietly. Participation in sites like BreachForums, especially in a visible role (e.g., admin, public-facing posts), means you are almost certainly on the radar.

If prosecuted as a juvenile, penalties might involve probation, juvenile detention, or restitution. If charged as an adult, depending on the charges and extent of involvement, significant prison time is possible — especially for money laundering and trafficking in stolen data.

I recommend that you not make any further admissions online, cease involvement in any illegal activity, and keep the details of a local criminal lawyer on hand in case you are ever contacted by law enforcement. ... Read More