Protecting children from online predators: The use of covert investigation techniques by law enforcement

As the range of cybercrimes expands, law enforcement agencies develop new strategies for their investigation. One method being adopted by police in some countries is to exploit the same anonymity that criminals use to operate online and engage with actual or potential suspects using assumed identities. For example, police investigating online child grooming may assume the identity of a child or young person and engage in chats or email or SMS communication with a suspect. In some situations they may take over the identity of a real child who has been contacted by a suspected child groomer, for example, if contacted by a concerned parent, but in others they may invent an entirely fictitious identity. Where this investigative technique results in arrest and prosecution, arguments about entrapment, or illegal/improper obtaining of evidence may arise. It is therefore important to clarify the legal basis on which such covert investigations may be conducted and to ensure that the substantive and procedural law that apply enable proper and effective law enforcement while at the same time guarding against improper manipulation of persons using electronic communications technologies. This article explores situations in which cybercrimes such as online child grooming can be covertly investigated and seeks to identify best practice for effective online law enforcement.