Law Times

Law Times • January 25, 2010 BRIEF: FORENSICS & PRIVATE INVESTIGATORS PAGE 13 Beefing up skills to catch online criminals BY ROBERT TODD Law Times to expand their knowledge of web-based tools to help track down fraudsters. "We are experiencing right A now a marked increase in the amount of crime being com- mitted with the use of the in- formation that's available over the web," says lawyer Lorne Lipkus of Kestenberg Siegal Lipkus LLP. In particular, he says private investigators work- ing on counterfeiting cases have faced a growing challenge over the past year caused by a rapid spike in Internet-based crime. "Th e biggest thing that we have found is the large increase in Internet investigations, the large amount of counterfeit be- ing sold through the Internet, and the use of the technology, especially what's available on the Internet, to assist the coun- terfeiter in getting their prod- ucts to market," says Lipkus. But at the same time, the In- ternet is helping investigators nab those online crooks. Th e shift in online crime that Lipkus is referring to is about more than individuals snagging video or music fi les for free. He says the rise has been in "hard-core, dangerous products" being sold online. An example is the illegal sale of North America's most popular hair-straightening unit, manu- factured by Farouk Systems Group, on the web. "Th ere have been an inor- dinately high number of cases sharp rise in online crime has private in- vestigators scrambling that have come about because somebody has either been sell- ing it on their Facebook page . . . where they're using that to show pictures of what's for sale, the pricing, the descrip- tion, and then taking orders," says Lipkus. With the advertisement and sale of such counterfeit products happening online, investigators have sought out new skills to help them track down the perpetrators. Lip- kus, for example, has built up his technical knowledge by taking a seminar through open-source training and support provider Toddington International Inc. Th e Port Coquitlam, B.C., company created a program specifi cally for Kestenberg Siegal Lipkus investigators on open-source software search- es for counterfeit goods. Law enforcement offi cers and other investigators receive similar training. "As a result of that, we start- ed solving a bunch of cases," says Lipkus. "Including dur- ing the training, we would give [the instructor] stuff that we had hit a dead end on, and he would fi nd it." Th e training has transformed the way the fi rm approaches many fi les. In the past, for ex- ample, an investigator would physically attend and observe a property, something that's now changed. "You can get a picture of the place somewhere on the Inter- net, whether it's Google Earth or something like that, so that you coming more lucrative," says Moulton, who founded the electronic crime committee of the Canadian Association of Chiefs of Police. "Any time you have mon- ey moving, you're going to attract a certain criminal el- ement. Th e phrase I use, it goes back to Alvin Karpis' time back in the '30s when he was robbing banks. Th ey asked him, 'Well, how come you're robbing banks?' And he said, 'Th at's where they keep the money.' Th e Inter- net really is where the money is in the information age." Lipkus, meanwhile, expects 'There's a reason why, when I go to conferences around the world and people hear about what the situ- ation is in Canada, it's like we're a laughingstock,' says Lorne Lipkus. know whether it's residential or not," he says. "Ten years ago, fi ve years ago, four years ago, people would pay for investigators just to see if a place was residential or commercial. You don't have to do that anymore." Blogs and social networking sites also contain lots of key in- formation for investigators, he adds. Earl Moulton, a former RCMP offi cer, now works for Toddington International and is an instructor at seminars like the one Lipkus describes. He isn't surprised to see a reported spike in online crimes given the rapid growth in Internet commerce. "Th e various criminal activi- ties that are out there are be- Forensic titles Internet-based crime will only continue to grow as society continues to shift into the online world. Nevertheless, tracking people down remains a challenge. Lipkus, for ex- ample, points out that Can- ada and many other countries don't require the accurate fi ling of identifying information with certain online activities. For example, any person can cre- ate a web site and attach a fi c- titious address, phone number or name to it. Internet service providers are not compelled, in most cases, to off er up informa- tion on users, he adds. "Th at's like fi ghting with your hands tied behind your back," says Lipkus. "Th at's like saying, 'Well, the crime is taking place at 123 Yonge St., and there's no place to search to get accurate information on who owns 123 Yonge St.' We have a system in place where you can fi nd out who owns any kind of real prop- erty in Canada. For some reason, our laws in intellectual property aren't catching up." Lipkus hopes the govern- ment will take a harder stance toward such crimes and tough- en relevant laws to make it harder for criminals to exploit online opportunities. Oth- erwise, he says, the situation could "spiral out of control." Canada's actions on intellec- tual property crime may already have caused damage to the country's global reputation, he suggests, pointing to the Offi ce of the United States Trade Rep- resentative's decision last year to elevate Canada to its prior- ity watch list on the adequacy and eff ectiveness of legal pro- tections. Th e move prompted controversy on both sides of the debate over copyright laws. "Th ere's a reason why, when I go to conferences around the world and people hear about what the situation is in Canada, it's like we're a laughingstock," he says. As a result, many legal ob- servers have called on the gov- ernment to implement legisla- tive changes to deal with the issue. But in the meantime, even people as experienced in this area as Moulton feel the pressure of keeping up to date on what on- line criminals are doing. "Th e best thing to keep in mind in front of the Internet is a real position of humility," he says. "As much as I know, it's re- ally representative of how little I know. Because it's so big and vast and changes so rapidly, it's a constant learning process." LT McWilliams' Canadian Criminal Evidence, Fourth Edition Available electronically on Criminal Spectrum Renowned as the authority, McWilliams' Canadian Criminal Evidence, Fourth Edition offers an understanding of how the rules operate at the admissibility stage and when judges come to deal with evidence either in their reasons or in the charge of the jury. Includes the perspectives of criminal law experts from the bench, bar and academia. Looseleaf & binders (2) • $434 • Releases invoiced separately (2-3/yr) P/C 0496034000 • Vol. 1/2 ISBN 0-88804-371-6/-442-9 Cox's Criminal Evidence Handbook, 2009-2010 This book codifies the whole body of criminal evidence in one resource. Inside you'll find landmark decisions along with other cases that have shaped the law of evidence. 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Tanovich, arris and Professor Ronalda Murphy Editor- in- Chief: Gary Chayko; Associate Editor: Edward Gulliver

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