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http://search.washingtonpost.com/wp-srv/WAPO/19990528/V000605-052899-idx.html
Police Get Personal in Online Crime
By Calvin Woodward
Associated Press Writer
Friday, May 28, 1999; 2:35 a.m. EDT
LEESBURG, Va. (AP) -- Go for a walk, drive a car or
dance in the moonlight and chances are, no one notices.
Journey on the Internet and a trail is left.
And police are hot on that trail in a growing number of
criminal investigations.
Armed with search warrants, police are looking into the
online activities of suspects, and sometimes victims, by
seizing evidence from Internet service providers and finding
material that people online never dreamed would end up in
the hands of the law.
Private e-mail between lovers. The threatening missives of
haters. The true identities of people hiding behind screen
names in a medium they thought was the essence of secrecy.
``Ultimately, if you break the law, it can be traced,'' said
investigator Ron Horack of the Loudoun County, Va.,
sheriff's department. Horack helps police around the
country apply for search warrants to get material from the
county-based America Online, the world's largest Internet
service provider with 18 million customers.
``I know who you are and where you live,'' an anonymous
hatemonger e-mailed a 12-year-old girl in Lancaster, Pa.
By peeking into the accounts of Internet providers, police
can often say the same thing: They know who the
threatening people are and where they live.
This week federal authorities said they had charged a
northern Virginia pediatrician with possessing child
pornography after investigating his AOL account and
finding at least 22 explicit images sent to him via e-mail
over the course of nearly six months. They said they then
found more child pornography on his computer. The doctor
could not immediately be reached for comment.
With a warrant, law enforcement authorities can look at the
electronic mail and other online communications of people
suspected of a range of serious crimes, getting information
not just from a home computer but often the company that
provides the Internet, e-mail or chat service.
They can do the same with victims, in the process seeing
mail from people who corresponded with them but had
nothing to do with a crime. Everything from humdrum
to-do lists to love letters from illicit digital dalliances
becomes potential evidence, and eventually a matter of
public record.
``It is a growing risk to privacy,'' said Marc Rotenberg,
executive director of the Electronic Privacy Information
Center, who says police should stick to traditional methods
such as stings, informants and forensic evidence, which
don't invade people's communications.
Said Horack: ``If they're going to use the Internet for their
crime, we're going to use the Internet to catch them.''
Authorities turned to AOL to see some of the online
activities of the two high school students who killed 13 other
people and themselves in Littleton, Colo., last month.
They've used it to try to track down some of the copycat
threats that have closed many schools since.
They took the same route, thus far with inconclusive results,
after a woman in Pennsylvania was told in a chat room, ``I
guarantee you I will hurt you if you don't listen to me,'' and
when a man in New York was charged with attempted
murder of his wife, who, police say, was having a passionate
online encounter her husband happened to see.
``AOL is extremely law-enforcement friendly,'' Horack
said. ``They don't hold anything back.''
America Online tells its nearly 18 million customers it
won't read or disclose private communication or personal
identifying information except under a ``valid legal process.''
Other major Internet service providers, or ISPs, as well as
separate online e-mail services and Internet hubs like
Hotmail and Yahoo, say much the same, although the
disclaimers may be hard to find in screens of small print.
``We have a long-standing policy of cooperation with law
enforcement,'' said AOL spokesman Rich D'Amato.
Communications such as e-mail are disclosed only in
criminal investigations and with a warrant, he says. In
response to orders in civil cases, AOL may give out
information allowing someone's real name to be matched to
a screen name.
So if a spouse is found to be having an online affair with
someone known only as Heart4U, the identity of that
cyberlover might eventually be uncovered in a divorce
proceeding.
Raytheon Inc. obtained subpoenas to identify 21 people,
most of them employees, said to have been spreading
corporate secrets and gripes in an anonymous online chat
room.
It then dropped a lawsuit it had brought against the 21, each
identified as ``John Doe,'' indicating to privacy experts that
the company had gone to court in the first place only to
learn the identities of the chatters. Four employees quit;
others entered corporate ``counseling.''
Privacy advocates worry that authorities could go on
increasingly invasive fishing expeditions.
``There are simply many more events that are recorded
(online) that would not be recorded in the physical world,''
said Rotenberg. ``I think it is going to become an enormous
problem as people become more and more dependent on
ISPs.''
Meanwhile, tools continue to be developed to protect
anonymity -- a site called anonymizer.com, for one, will
relay e-mail, stripping out the sender's identifying
information.
So far, at least, few warrants going to AOL look like goose
chases, an impression formed after a review of the more
than 100 that have been filed in Leesburg this year.
Most involve alleged pedophiles, stalkers and harassers who
have used the Internet to find prey and left evidence of their
intentions with victims or undercover police.
Horack prepares warrant applications for police from other
parts of the country, some so new to digital detective work
they need their children's help to get online. Once they are
approved by a magistrate, he takes them to AOL and
retrieves the information. It's almost a full-time job, offered
by the sheriff because the company gives such a big boost to
the county.
The warrants are especially effective against child
pornographers, Horack says. ``Pedophiles are pack rats. They
don't throw away anything.'' Even when they do delete
material from their computer, it might be found at the
service provider.
In the case of the 12-year-old Pennsylvania girl, nothing
turned up in the AOL search. Most of the time, something
does.
For example, police in Hendersonville, Tenn., turned to
AOL to see the Internet activity of Dennis Wayne Cope, 47,
shot and found dead in a crawl space of his home in
February.
In an affidavit seeking access to Cope's e-mail, ``buddy list
content'' and other online activities, police said he had been
corresponding online with the estranged wife of suspect
Robert Lee Pattee. They also say Pattee's hand print was
found at the scene.
Pattee has been charged with first-degree murder.