Norris, McLaughlin & Marcus

The Crimes Are Virtual, But The Damages Are Real

The World Gathers In Brazil For The Congress On Electronic Crimes And Protection
An Interview with Brazilian Cyber Law Attorney Renato Opice Blum

BwoB had occasion recently to sit down with cyber law expert Renato Opice Blum to discuss some of the most pressing issues facing his international clients with regard to cybercrimes.  He shared with us some useful ways to address the growing proliferation of these tech crimes.

Renato chairs an international summit this month in São Paulo, Brazil sponsored by Fecomercio, a premier Brazilian business organization that represents over 600,000 companies in the trade, commerce, and tourism and hospitality sectors.  The summit will gather the world’s experts to address issues related to cyber crimes and security.

Q: Thank you, Renato, for sitting down with me to discuss the latest developments in tech crimes and what experts like you are doing to help businesses and individuals prevent these crimes and address them when they hit home.  Tell me a little bit about your background and the composition of your law practice.

A: My name is Renato Opice Blum and I am a Brazilian attorney and economist who specializes in high tech law. I am CEO of Opice Blum Attorneys at Law, one of the most respected South American firms.  Opice Blum Attorneys at Law has many years of solid experience in the main areas of law, and is recognized as a pioneer for its work in law as it relates to technology, electronic and digital law, information technology, computer law, and their variations.  We handle mediations, arbitrations, oral sustaining in Court, crisis management, cybercrimes, and corporate matters. Opice Blum Attorneys at Law handles matters throughout the Brazilian territories and maintains close relationships with international legal correspondents in main financial centers, such as in New York and Miami.  More detailed information can be found on the Opice Blum website.

Q: What types of cybercrimes are your clients seeing on a regular basis?

A: Unfortunately, the cybercrime scenario in Brazil is in an exponential growth mode. Companies and individuals are their main targets. Felonies vary from offenses in the social network context to theft of intellectual property. We have seen an increase in business security breaches involving both current and former employees and industrial espionage. Also, we see new techniques targeting financial institutions. Old schemes like regular phishing and simple malwares have been substituted with specialized scams and botnetcontrolled malicious software.  The consequences of such advanced cybercrime techniques can be disastrous to an unsuspecting business.

Q: What new techniques and enterprises are cybercriminals venturing into?

A: We have seen botnets being used to send more sophisticated phishing e-mail scams, called specialized phishing. The use of iFrames is also increasing, together with tabnapping methods. The growth of microblogging and social networks has brought fraud to URL shorteners, and crawler engines have been collecting thousands of profiles that are then used to identify theft crimes. The proliferation of internet use in mobile devices is also creating a menace to privacy when it comes to geolocalization services – the real-world location of a device. We have even seen satellite channels being used to broadcast illegal TV signals captured over the Internet.

Q: When a company learns that its data-security has been breached, what should the general counsel immediately do or not do?

A: The first thing to do is try to leave the environment intact.  Do not start turning off devices, trying to figure the problem out yourself, or otherwise tampering with the crime scene.  Leaving the crime scene, and treating it as such, enables trained professionals to collect adequately the chain of evidence. Much the same way an average person shouldn’t tamper with a bloody murder scene, the same investigative principles apply to cybercrimes.  For that, professionals with computer forensics knowledge are necessary and must be physically present at the crime scene. These experts will preserve the electronic data and all the equipment that can be used later to identify the source and as evidence in a judicial case.  Hence, the first thing to do is contact a reputable specialist with extensive experience in these matters. We have cases where millions of dollars have been spared to a client where proper measures had been taken – both preventative and reactive.

Q: Are you aware of any good examples of governments or laws demonstrating a new degree of flexibility regarding the growth of these criminal enterprises?

A: The Brazilian government has implemented some initiatives to deal with cyber menaces. The cyber approach to critical data infrastructures is a scenario that has been closely observed by our government. When it comes to laws, regulatory norms are being revisited and discussed publicly with the help of several levels of professionals, government officials, and business leaders, in a collaborative approach to these changing circumstances.  We are also seeing that legal decisions are being harmonized with the use of new technologies.

Q: How are laws able to keep up with the financial ramifications posed by cybercrimes?

A: Although changes in the legal system can never keep pace with the speed of developments in technology and cybercrimes, many of the practices in the virtual world already have current laws applied to them. We say that in Brazil, 95% of cybercrimes are already addressed in our penal code. The financial ramifications can be dealt with in a similar fashion to the methodology applied to organized crimes. We have specific laws directed at organized crimes that address and even predict more severe practices that are different from regular felonies. The prosecution procedure is also different and can be applied to organized cybercrime and its financial repercussions.

Q: What are the most common barriers you are seeing when it comes to using the law to protect your clients from cybercriminals?

A: The laws are not the most common barriers.  It is the lack of specific technical knowledge and experience that is the greatest barrier.  Moreover, the novelty of these tech crimes alarms members of the bar and the judiciary because it is all so new and technical. But that is changing. We have more than 30,000 decisions addressing cybercrimes, and electronic law in general. Judges have become more aware of the financial and social impact of cybercrimes. Cases have arisen in our Supreme Court and high courts, but it will take more time to remove the barriers altogether.

Q: Tell me about the symposium The Second Congress On Electronic Crimes And Protection, its organizers, attendees, and panelists.

A: With all the resources and facilities that the virtual world offers, crimes arise. How do we deal with them? What should we do to take advantage of this world with security? How can we protect ourselves from cybercriminals?

With questions like these, the Second Congress on Electronic Crimes and Forms of Protection will gather the world’s most influential experts on matters concerning cybercrimes and electronic law. The results of an extensive research project on cybercrime in Brazil will be presented together with other topics such as regulation of the internet, threats on the internet to children, the future of cybercrime prevention, the technological challenges facing nations of the world, and a technological approach on the prevention of cybercrime and cyberwar.

More information is available at:

http://www.fecomercio.com.br/?option=com_eventos&view=interna&Itemid=11&id=2730

"Fecomercio's Second Congress on Electronic Crimes and Forms of Protection"

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