Private browsing mode goes by a few different names, including incognito mode. It just depends on what browser you are using, but the function is essentially the same: You are given a new browser session that is not going to record your online activity.
That said, one important thing to remember about using private browsing is that it just deletes the local storage. If someone else opens the browser after you use it and checks your search history, for example, they will not see the search terms that you typed in during your private browsing session. They will not be able to see a list of the websites you visited or the pages you read.
But because this is a local feature, all of that information likely still exists. It could be tracked by a network administrator in a professional or academic setting. It could be tracked by a person’s internet service provider (ISP). If that person logged into a website, the activity can still be linked to them, even if they were in private browsing mode.
Law enforcement can subpoena an ISP
In the context of criminal defense cases, it is important to know that law enforcement can often approach these other entities to get a record of online activity. They could serve a subpoena on an ISP, for instance, which may then turn over the necessary records.
For example, perhaps the police believe that you were involved in online financial fraud. They think that you searched for how to commit that fraud or used the internet to communicate with other people who were also involved in the scheme. Your ISP may be able to provide them with evidence that can be used against you.
The complexities of digital evidence make modern criminal cases much different than they were in the past, and it is very important to understand all of your legal options.
