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Assuming a hacker has sent somebody malware. It's a trojan (digitally signed by TeamViewer) which runs automatically when windows starts up and sends the login info to a web site using GET (sniffer proved) and runs in background so the victim could never see what's happening. So, the attacker connects to victim's PC using normal TeamViewer client and copies files containing sensitive information. Can the attacker be judged for this hack?

Some known facts:

  • Victim has sniffer logs
  • TeamViewer logs
  • ISP Can confirm the sniffer logs
  • Attacker's IP is static and it's not behind NAT and it's not using VPN - all the stuff goes directly
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    By "judged" do you mean "prosecuted in a court of law"? Assuming so, it is important to know which laws apply. That can depend on where the victim is, where the ISP is, where the attacker is, etc. I suggest editing the question to clarify. There are often multiple ways of getting to court (for a criminal matter it would require convincing the police to pursue it, which often depends on the value of what was stolen), but it also may be possible to sue, depending on the circumstances. And note that there probably aren't a lot of lawyers or prosecutors here....
    – nealmcb
    May 30, 2011 at 13:22

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The bit that's going to bite you is going to be the following:

If the attacker can be pinned down, and you end up going to court, do you have all the requisite "court tested" components in place.

For instance, are your logs stored in an malleable medium? For each transfer of those logs were they checksummed with the minimum checksum required by law? Do you have a clear chain-of-custody for that evidence up until the point you turned it over to the authorities? And ultimately the most important part, will the authorities consider the case?

If not and the above pre-requisites are met, you might be able to prosecute them civilly if they are within the court's jurisdiction. I am not a lawyer, and not a native of your country for what it's worth.

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