Using the Intenet and Modern Tools

For comments, please contact
the author at
Ettisch-EnchelmaierGmbH@t-online.de


first published in the P.I. MAGAZINE, Jan./Feb. 2001 and in the DETEKTIV in Ljublijana/Slovenia January 2001.

The author will sketch the origin of the Internet, its development to its use at the present time. In the main body of this essay the author will show various modes of employing this new medium for business pur- poses comparing investigators with other professionals.

History of the Internet

The Internet was first developed in 1969 as part of the US Department of Defense project, called ARPANET (Advanced Research Projects Agency network). The concept was to develop a communications system that incorporated several command centres. This project was developed during the Cold War when nuclear attack was a potential. If one command centre was destroyed, the others would remain operational: there is no central communications head office.

The Internet was mostly a command language, meaning that to send or retrieve data, commands were keyed. Thus, mostly scholarly and governmental entities were the main users of the Internet. The breakthrough came through the development of the World Wide Web with graphical Web browsers making navigating or surfing the Internet much easier: mostly a click away.

Today, there are millions and millions of people around the world using the Internet to access millions of Internet servers. Nobody knows the exact figures of either, and if published today, they would be obsolete tomorrow, since the growth rate is phenomenal and is making a major impact on society [1]

The Internet helping to downsize office work

Formerly documents were drafted, typed, dispatched to the intended recipient, who in turn expressed his comments which were then incorporated into the original document. After several iterations of this process, which takes anywhere from a few days to a few weeks, a completed document was available.

Attorneys take now advantage of the e-mail facility both to help speed up this drafting process as well as to downsize the additional cost for paper copies or those long-distance costly faxes. The writer attaches the draft to an e-mail message and send it off any where in the country (or the world for that matter) for the cost of a few pennies.

This mode of communication is even more evident in the investigative business: not only private investigators, information brokers, but also for instance medical examiners (UK: coroners), certified examiners send photos, drafts as attachments, which if needed can easily be re-edited.

Attorneys believe that having the e-mail facility helps to retain clients, both locally and nationally. In fact, some clients insist that their counsel has e-mail capabilities. E-mail facilities do not necessarily increase an attorney's client base. But being e-mail connected may prevent an attorney from losing a client. [3]

The picture is similar in other fields of activities. The term attorneys may be substituted by detectives, architects or advertising professionals. The email facility will be used as an additional mode of communication, will not totally replace either the common lettre or fax.

Listserves

On the internet there are virtual clubs, known as "listservs". They are mailing lists with Internet companies providing the facilities to groups of all kinds to form Internet or online clubs. These clubs have a common interest, be it because they are of the same profession (private investigators, certified fraud examiners, attorneys) or have the same hobby, originate from the same town or are employed by the same company. The author of this essay moderates a list too [4], to serves investigators in the boarder sense of the word in their communication with others in that profession, but in the main those interested in the international business.

There are groups or lists moderated to some or to more extend, others are not. The moderator -mostly also the owner and founder- takes care of the particular list. He admits, rejects or unsubscribes a member.

He also sets the rules which members have to abide to.

The moderator may set the software in such a manner that every email sent by must reviewed by him or he can leave choose not to edit any messages at all, relying on the members' common sense. At times he chastises them either privately or publicly depending on the particular instance.

If done publicly a moderator may starts: "The Moderator speaks:....", then stating what he has to say, followed by the closing words: "The Moderator shuts up."

Every member admitted is allowed to send an email to the group as well as receive all emails sent to the email address of the list which serves all members simultaneously.

The members avail themselves of this listserv or mailing list to either ask for assistance in a problem -be it professional or a non-PI problem, such as help when the software plays havoc- or use it as a quick and informal answer to somebody else's query or argument, perhaps also as an alert concerning a computer virus or of a new pending law, a potential danger to the group's profession, and asking to join forces against it (lobbying their political representatives for instance).

These mailing lists often have (very) strict rules. The moderator of a professional list most likely uses the Code of Ethics prevailing in the profession or of a traditional association, adapted to the online requirements based on the NETiquette (InterNET + etiquette), very much stressing: No spam (sending unsolicited emails, particularly any kind of advertising), no flaming (attacking a member in an abusive way).

Using email as a mode of communication is very accommodating. A writer often no longer uses the greeting phrases, such as Dear Sir, Dear Mr. Smith nor the closing ones, such as Yours sincerely, respectfully yours. [5]

Others set the email signature facility in such a manner that the signature is automatically added at the end of every email sent. The signature may consist only of a name but more likely of the full address, communication data, one or two lines of advertisement, the writer's memberships, an oncoming conference etc., comprising 12 lines or more, although Netiquette suggests 5-6 lines [6].

Once a writer has conquered the technical side of the email facility, he uses it extensively he no longer needs to insert the full address of the recipient, but only hits the reply key answering an email, or like the telephone and fax numbers directory, he opens the email address book where the recipient's address, often very cumbersome, is stored. The writer only marks and inserts the address and the email message is ready for despatch.

The address book can be sorted into groups. There is not always the need nor the possibility to group one's clients into a listserv, then the address book list is compiled to send out a newsletter to a group simultaneously, to cite an upcoming event such as a fair to take place in a month's time or closure of the business due to summer vacations but also tips, tricks or news concerning the investigative profession, computer and email topics.

Advertising: costs and ways

A publisher of a newsletter who by profession may be anything else but a publisher -perhaps a lawyer, a private investigator, architect- may use his newsletter only as an advertising tool in the true sense of the word or as an easy vehicle to remain in the clients' memory [7], update their readers (clients, business associates, employees) with important information like a new law, product).

The sort of sub-conscious advertising mentioned above often prompts (even potential) clients to write in general or send a request in particular to the writer.

Investigators are allowed to advertise, lawyers or physicians in most cases are not permitted to. In the legal profession even sending an email to the group as a whole the writer possibly advertises, or creates uninvertedly a lawyer/client relationship, thus acting against the ethical rules prevailing in his state, rules dealing with solicitations and advertising. [8]

Apart from advertising newletters may be used to find new colleagues or to form new business or private friendships.

The same applies to mailing lists.

Newsletters -as well as mailing lists- may be made available to the readers, recipients or users free of charge, being paid by others' ads, for others a small or a higher fee is levied.

Although nowadays many more emails are processed and sent in a much shorter time than letters in the past, because it is so easy to communicate, still being is much cheaper than the usage of most other telecommunication means even in those countries where a user has to pay for every bit and byte online.

In Germany at present the postage of a 20 g letter (two pages) is 1.10 DM or ca. US $0.50. To fax 2 pages cost 0.24 DM or US $0.10, but sent by email its cost is negligible even if the monthly flat rate is taken into consideration.

In the article E mail - Who needs the Royal Mail? [9] discussing British conditions the writer state that he could process 47 emails from contacts all over the world in less than an hour, costing him less than 40 Pence in contrast to 11.75 Pounds if sent via Royal Mail and by email off peak the telecommunication costs can be reduced even further. Because email is very flexible it will prove to be indispensable for busy solicitors and practitioners alike. [9]

One of the email drawbacks that a writer of an email expects an answer, a comment much quicker than in the past, true to the speed of the medium, namely nearly in cyberspeed.

The providers' conditions to use the Internet in general and the email facilities in particular change continuously. In the USA there are quite a number of providers supplying the facility to be online for 24 hours either for free or for a flat rate.

In Germany a flat rate was introduced about a year ago by the German Telecom. It is still in the trial stage. Telecom contemplates on forsaking this availability again soon, because on account of a recent court order they must extend the same facility to their competitors and THAT is NOT what they intend to, as Dr. Ron Sommer, the chairman, stated in mid November 2000.

Miss Ross summarizes that email is a very useful tool for communicating with clients and other attorneys. The benefits are great... It provides a means for group discussions with other lawyers. The risks do exist, but the risks are no greater for e-mail than they are for other forms of communication. Attorneys just need to keep educated as to what those risks are. Once done the email facility is just another added form of communication the practice [10].

As said before what applies to the legal profession can be transposed to any other profession, in particular dealing with confidential data like the investigative or the medical professions, but also manufacturers, architects to name a few, lastly even any private user.

According to Benjamin Wright,[11] cheap communication begets commerce and is the most cost effective medium of all.

This cheap advertising medium allows also small companies of any kind make the world be aware of their presence, advertising products and services at a minimal cost on the Internet. The cost costs vary on account of the website outlays and sizes.

The Internet used for advertising especially in form of a website, is not a substitute but as a supplement for any other advertising,[12]. The website helps to attract potential clients, outlays the firm's reputation and skills. But it is most important to update a website in all the sections.

But cheap or easy communication is not the prominent feature of the Internet and its derivates. One of its outstanding features if not THE outstanding one -at least in these days where e-commerce and online banking are really still in their infancy- is to locate: locate people dead or alive (those who disappeared evading financial responsibility, got lost, or a long missing friend or family member just to mention some instances). It is not only to find people but also documents, information of all kind, including financial, academic, historic and other data.

Much is available legally, i.e. without violating any local, national or international law.

Searching the Net

A US attorney for example wants to serve papers to a company in China but only has the name of the company China Potato Growers (an assumed name) and the address available is Mainland China. The task is to find the legal or registered address of the company and its legal representatives. A proper serving requires the legal representatives as the persons to be served.

Leading Mainland and Hong Kong Chinese credit reporting (due diligence) agencies could not help, because they needed the original name in Chinese characters.

Here is where the Internet comes in. First an investigator resorts to search engines such as yahoo.com, google.com and the search tool Copernic.de (US version: Copernic.com). The investigator was able to find not only the corporate's head office, but also the company's subsidiaries. Furthermore the investigator developped the names of the executives to whom the legal documents could be served and to round up the search the investigator also supplied the company's profile. The client was very pleased with this successful outcome of the search.

Similarly an Internet search may be successful when a client wants to get in business contact with a company, but for certain reasons has very limited information on the potential business partner. The data supplied are often not enough for the traditional due diligence agents to locate a newly established company, particularly when only a POB number with no telephone or fax or commercial registration information are at hand. In such instances the Internet search is often very helpful.

The search engines mentioned above are good for general data or a corporate research, however there are others for more specific topics [13]. One search engine helpful in one instance may turn to be useless in another, either because it is too general or not specialising the the particular topic. It is more conducive for a search in a legal matter to check with a legal search engine [14]. However, not all search engines are free of charge, some ask a fee for any search either by page or by minute and/or an additional membership fee.

The fees may vary considerably: from no fee to an open end.

Similarly to a search in a traditional library it is not uncommon that the search does not yield much or even appears to be unsuccessful at the start. However during the search the surfer may come upon links. Clicking on a link another website appears. A link is the electronic key leading from one website to another by just clicking this (hyper)link. Clicking one's way from one website to another is called surfing, an image taken from the marine surfing: moving from one (electronic) wave to another.

The Internet has also a great impact on private as well as business persons. Not only are people able to travel more easily around the globe, establish friendships or business relations in an easier way than before, but it also waves away the rigid working hours from say 9 - 5 and makes available services which up to now were only extended during working hours, such as shopping, banking or public services often forcing people to take time off work to avail themselves of these services.

More and more entities, public and private, supply online services. So a surfer can handle his banking business online, shop, check train connections, book a beautiful vacation trip.

An investigator transfers the online searches after office hours when the daily hassle has quietened down, unless the information is urgently needed. It often happens that other surfers think alike and the lines are clogged up and the investigator cannot surf the Net as quickly as he really wants. Still the time he saves by surfing the net is by far outweighing the time formerly needed to go to places on foot, by car, train or any other means: seconds or minutes in contrast to hours and days, even weeks.

Outlook to future developments

Although there are already millions and millions of websites available online partly available to the public at large, partly to certain groups or entities, yet they comprise but a friction of the knowledge available around the world.

However there are dramatic changes. When one day the Internet will be accessible as part of the home TV and supply better music and film videos millions and millions of more users will surf the Internet in addition to those who still do not have at present any access to the modern media at all.

Appendix

  1. http://www.internetlawyer.com/til/whatsnew/tutorial/tut1.htm by Mr. Andrew Z. Adkins III
  2. Ms Susan Ross cf. No. 11
  3. Ms Ross was already in 1998
  4. Investigationsworldwide Association http://www.kaleinvestigation.com/world.html and investigationsworldw@yahoogroups.com.
  5. the writer of this memo is personally quite against this practice and defer from acting likewise believing that showing some courteousness is like grease in the machinery.
  6. UKLEGAL (http://www.uklegal.com/articles/issue2.htm) states "...never more than 4 lines". (no longer available)
  7. in "cyberspace" you are often forgotten in a "cyberspeed" manner
  8. As Ms Ross says,
  9. (http://www.uklegal.com/article/issue1.htm) (no longer available)
  10. Ms Susan Ross cf. No. 11
  11. He is an attorney in Texas. (http://www.interlegal.com/1artelect.htm) (no longer available)
  12. Mr. Andrew Z. Adkins, III, The Internet for Florida Lawyers, http://www.internetlawyer.com/til/watsnew/tutorial/tut8.htm. (no longer available)
  13. http://www.law.emory.edu/LAW/refdesk/search or http://jonoatis.home.pipeline.com/bageht.htm, http://www.internetlawyer.com/til/research/articles/factfind.htm) only to name a few.
  14. e.g. Lexis-Nexis, asking for a fee