Gone Phishing

By David S. Casey, Jr. and Martin W. Edelman



Phishing.



It's not something you do with a rod and reel. It's not even the name of an alternative music group.



Instead, phishing is the latest trick being used by con artists to fool unsuspecting computer users into revealing personal financial information.



Here's how it works: you receive an e-mail that claims you need to provide personal information to help fight the war on terrorism. The e-mail claims that bank regulators will suspend the federal deposit insurance on your bank account until you verify your key personal and financial data.



Other incidents of phishing include e-mails purporting to come from a government agency, such as the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency or the Securities Investor Protection Corporation.



Users are then asked to click on a link that takes you to a web site that looks nearly identical to official government websites or a bank's site. There people are asked to update information such as name, account and credit card numbers, mother's maiden name, etc.



While there are no definite numbers about the number of phishing incidents and how many people have fallen victim to them, the use of this technique to con people has been spreading rapidly enough to attract the attention of the Federal Bureau of Investigation.



"They are a growing problem to say the least," says FBI spokesman Paul Bresson.



There are a number of things that people can do, however, to ensure that they too do not become victims of phishing:



• Ignore e-mails that warn about fraudulent charges to your account or claim that your bank account or credit card account will be shut down unless you reconfirm certain information. Most important, do not reply or click on the link in the e-mail. If you're worried the e-mail might be legitimate, call the company using a telephone number listed on your account statement or bill.



• Pay attention to the Web address. Most legitimate sites will have a relatively short Internet address that usually ends with .com or .org. Phishing sites are more likely to have an excessively long line of characters in the Web address with the legitimate business name included somewhere in the string, or possibly not at all.



• Forward any suspicious e-mails to the Federal Trade Commission (FTC) at uce@ftc.gov. If you believe you've been scammed, file your complaint at www.ftc.gov, then visit the FTC's identity theft Web site (www.ftc.gov/idtheft) for tips on minimizing the damage from identity theft. You should also contact your local police or sheriff's department and file a complaint with the FBI's Internet Fraud Complaint Center at www.ifccfbi.gov.



It is truly sad that we have to be so suspicious and untrusting, but it is essential if you want to keep your personal and financial data from falling into the wrong person's hands.



David S. Casey, Jr., president of the Association of Trial Lawyers of America, is a partner in the San Diego, CA law firm of Casey, Gerry, Reed, and Schenk.



Martin W. Edelman, president of the New York State Trial Lawyers Association, is a partner in the New York law firm of Edelman & Edelman, P.C.