Child Exploitation on the Internet

1. Child Exploitation on the Internet By Mark, Mary Margaret, and Jenny

2. A Historical Perspective • 1977 - Protection of Children Against Sexual Exploitation Act (18 U.S.C. § 2251) • Made it a federal offense to create, transport, possess, receive, or selldepictions of children engaged in sexually explicit behavior when such person knows or has reason to know that such depictions will be transported in interstate commerce.

3. A Historical Perspective • 1988 – Child Protection and Obscenity Enforcement Act • First amendment to include reference to computers by expanding interstate movement to include “by any means including by computer.”

4. A Historical Perspective • 1990 – Child Protection Restoration and Penalties Enhancement Act (18 U.S.C. § 2252) • 1996 – Child Pornography Prevention Act ( 18 U.S.C. § 2252A) • These two statutes constitute the backbone of the statutory framework for child pornography. • Several other important amendments that we’ll discuss later (mostly reactionary in response to Supreme Court decisions)

5. Validity of Congressional Authority • Commerce Clause – Interstate commerce! • The Internet is “a system that is inexorably intertwined with interstate commerce”1 • Even where activity is local,federal law may still be triggered if the video camera or videotape traveled at any time in interstate commerce 1 U.S. v. MacEwan, 445 F.3d 237, 245 (3rd Cir. 2006)

6. 18 U.S.C. § 2251 – Sexual Exploitation of Children • Applicable to those individuals engaged in the sexual exploitation of children • For example: Those engaged in the production of child pornography • Mandates a 15-year minimum sentence to any person who uses a minor to create sexually explicit material

7. 18 U.S.C. § 2251A – Selling and Buying of Children • Makes it a crime to “sell[] or otherwise transfer[] custody” or “purchase[]” a minor with knowledge that the arrangement will result in, or promote, sexually explicit conduct. • Example: Child trafficking • Mandates a 30-year minimum sentence for such offenses

8. 18 U.S.C. §§ 2252 & 2252A – Activities relating to material involving the sexual exploitation of children • Nearly identical statutes; two subtle differences • Section 2252A adopts the broader sweeping language of “child pornography” instead of “the visual depiction of a minor engaging in sexually explicit conduct.” • Section 2252A additionally makes it illegal to possess “an image of child pornography.” • Most child pornography cases prosecuted under § 2252A • Both statutes operate to prohibit the transportation, reception, sale, and possession of both child pornography and visual depictions of minors engaging in sexually explicit conduct.

9. New York v. Ferber458 U.S. 747 (1982) • Issue: Constitutionality of a NY statute that prohibited the distribution of material depicting children engaged in sexual performances. • Premise of the Constitutional Challenge: The New York statute did not require the child pornography to be obscene. • Held: The state’s interest in protecting children outweighed First Amendment concerns and it is therefore permissible for the state to regulate child pornography under a broader standard than other pornography.

10. Ashcroft v. Free Speech Coalition535 U.S. 234 (2002) • Setting: The Child Pornography Protection Act of 1996 expanded the definition of child pornography to include “virtual” computer simulations of child-analogues engaged in sexually explicit conduct. • Issue: Constitutionality of the ban on “virtual” child pornography. • Held: The ban on virtual depictions was overly broad; the depictions were not obscene and did not involve the exploitation of actual children.

11. Congressional Response – The PROTECT Act • 2003 – Prosecutorial Remedies And Tools Against The Exploitation Of Children Today Act (PROTECT Act) • Sought to renew the ban on “virtual” child pornography by amending the definition of child pornography to include a depiction "that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct.” • Also amended the language of 18 U.S.C. § 2252A to prohibit the advertisement, promotion, and solicitation of child pornography.

12. U.S. v. Williams553 U.S. 285 (2008) • Issue: The constitutionality of the prohibition on solicitation, advertisement, and promotion of child pornography. • Held: The Court upheld the ban on the pandering of child pornography, so long as the prosecution proves that the defendant subjectively believed he/she was pandering or purveying child pornography.

13. Sentencing Guidelines • See §2G2.1. Sexually Exploiting a Minor by Production of Sexually Explicit Visual or Printed Material; Custodian Permitting Minor to Engage in Sexually Explicit Conduct; Advertisement for Minors to Engage in Production • "Minor" means (A) an individual who had not attained the age of 18 years; (B) an individual, whether fictitious or not, who a law enforcement officer represented to a participant (i) had not attained the age of 18 years, and (ii) could be provided for the purposes of engaging in sexually explicit conduct; or (C) an undercover law enforcement officer who represented to a participant that the officer had not attained the age of 18 years.

14. How to Calculate • Base offense Level: 32 • Age matters: • Under 12 - increase by 4 levels • 12 - 16 - increase by 2 levels • Did the offense involve commission of a sexual act or sexual contact? • Increase by 2 levels • If this involved force or threat then increase by 4 levels

15. How to Calculate • Offense involved distribution: +2 • Offense involved material portraying sadistic or masochistic conduct or other depictions of violence: +4 • Defendant was a parent, relative or legal guardian or in supervisory control: +2

16. And finally… • If, for the purpose of producing sexually explicit material or for the purpose of transmitting such material live, the offense involved: • (A) the knowing misrepresentation of a participant’s identity to persuade, induce, entice, coerce, or facilitate the travel of, a minor to engage sexually explicit conduct; or • (B) the use of a computer or an interactive computer service to • (i) persuade, induce, entice, coerce, or facilitate the travel of, a minor to engage in sexually explicit conduct, or to otherwise solicit participation by a minor in such conduct; or • (ii) solicit participation with a minor in sexually explicit conduct Increase by 2 levels

17. Special Instruction • If the offense involved the exploitation of more than one minor, Chapter Three, Part D (Multiple Counts) shall be applied as if the exploitation of each minor had been contained in a separate count of conviction.

18. Detecting Child Porn • Child pornography is typically detected by a person’s Internet Service Provider • The ISP sends the image to the National Center for Missing and Exploited Children (NCMEC) • NCMEC contacts the FBI office in that geographical location

19. The Investigation • Subpoena ISP for information about suspect such as name, address, DOB, etc. • Confirm suspect lives at the address listed. This is especially important if there is a wireless internet connection • Narrowing down the location helps in establishing probable cause • Investigator writes an affidavit • Judge issues warrant

20. Law Enforcement Posing as Victims • Police have to make sure the predators know they are speaking with a minor. • Police have to have something to arrest them for such as propositioning sex or sending sexually explicit material. • Police have to learn how to talk like teenagers and know where they hang out online to be believable. • If an online predator propositions sex, the undercover officer will agree to meet and the predator will be arrested. ROXYGIRL97: “Do u have nude pics of yourself?”
 SWIMCHICK108: ”Nooo! U?”
 ROXYGIRL97:”I’m sending u mine… send me urs k?”

23. Child Exploitation Cases • In 1998, police cracked the Wonderland Club, an Internet child pornography ring that involved members across 12 countries and whose chairman was an American, uncovering some 750,000 images of children. • Other rings promote the worst imaginable forms of child pornography, such as custom child pornography (images of child rape created for the consumer) and real-time child pornography, where members may watch the online rape of children as it occurs. • In early 2006, federal authorities shut down an Internet website called Kiddypics & Kiddyvids that streamed video of live child molestations involving children as young as 18 months. • Total federal prosecutions of child pornography cases increased more than 452 percent from 1997 to 2004.

24. Adam Walsh Act • The Adam Walsh Child Protection and Safety Act was signed on the 25th anniversary of the abduction of Adam Walsh from a shopping mall in Florida. Adam Walsh was found murdered 16 days after his abduction in 1981.

25. Retroactive Application Civil Commitment Database 3 Tiers for Sex Offenders Increases Mandatory Minimums Increases Penalties for Sex Trafficking and Child Prostitution Widens Federal Funding to Assist in Tracking Internet Predators Creates National Child Abuse Registry Limits Defense Access to Examine Child Exploitation Material that is Subject of the Charge Legal Applications

26. Procedural Issues • Adam Walsh Act restricts defense access to property or material that constitutes child pornography. See 18 USC 3509(m) • Material that constitutes child pornography shall remain in the care, custody and control of the Government or the court. • Defendant cannot request to copy, photograph, duplicate or reproduce any material that constitutes child pornography, so long as the Government makes the material reasonably available. • Material is reasonably available if the Government provides ample opportunity for inspection, viewing and examination at a Government facility.

27. Sex Trafficking and Tourism • It's already the second largest criminal industry in the world -- behind only the trade in illegal drugs -- and it's growing fast. • Child sex trafficking has been illegal in the United States since 2000 with the passage of the Trafficking Victims Protection Act. Under this law it is illegal to recruit, harbor, transport, provide or obtain a person under the age of 18 years for the purpose of a commercial sex act.

28. Human Trafficking Clinic The Clinic provides a range of services, including direct representation of foreign nationals trafficked in the United States, advocacy for both domestic and foreign national victims, and community education and trainings. Students will work with a variety of stakeholders, including survivors of human trafficking, law enforcement, government officials, and non-governmental organizations to identify solutions to combat human trafficking. The Human Trafficking Clinic offers students the opportunity to work on both domestic and international human trafficking issues.

29. Offenders • Include all income levels, education levels, marital statuses, and ages • All 1,713 people in study were men, 91% were white, and most were unmarried • 40% “dual offenders” • 15% arrested men were soliciting undercover agent • Not usually stranger • More than half of the victims were abused by someone they knew

30. Same guys… different venue • Internet has simply created a new venue for predators • “The internet predators of today are the same guys that would catching standing outside of the school yards 30 years ago these criminals are the same sick deviate individuals that preyed on children in the past; the internet has just created an entirely new avenue for them to find victims.” • Richard Peffall, involved in long-term sting operation that uses officers who look for offenders in online chat rooms • The Internet Allows Pedophiles: • Instant access to other predators worldwide • Open discussion of their sexual desires • Shared ideas about ways to lure victims • Mutual support of their adult-child sex philosophies • Instant access to potential child victims • Disguised identities for approaching children • Ready access to “teen chat rooms” • Means to identify and track down contact info • Ability to build a long-term “Internet” relationship with potential victim

31. What “types” of offenders exist? • Types of Internet Predators • Collectors • Travelers • Manufacturers • Chatters • Three Categories • Infantophilia • Interest in children 24 months and younger • Pedophiles • Sexual interest in prebubescent children • Hebephiles • Sexual attraction post-pubertal adolescents

32. Offenders’ Future Propensity • Future abuse is more likely because they can see their desires acted out on video • Feelings are validated that this is “normal” • Studies show that those who have child pornography are more likely to BECOME active abusers • Typical child sex offender molests an average of 117 children

33. Victims • No child is exempt! • Anonymity of internet allows teenagers to express themselves freely, but they’re all very vulnerable • Christina Long • Certain characteristics are targeted • Between 11-15 y/o • Male and female • Usually opposite ends of the spectrum: • Extremely sheltered and naïve • Likely to engage in risky behaviors • Low self-esteem • Loners • Any “typical” teenager who’s frustrated, angry, emotional, etc…

34. What to Watch For… • In kids... • Secretive about time spent online • Excessive time online • Beginning to behave differently, especially more aggressively • How can you handle it? • Keep the computer in a public room • Ask your child to tell you everyone on their buddy list, how they know them • Be INVOLVED!

35. Effects on Child Victims • Short-term • Physical Injuries • STDs, genital bruising, vaginal tearing, permanent physical scarring • Emotional Injuries • Guilt, Trust issues, self-esteem suffers, depression, anxiety • Long-term Injuries • Physical Injuries • Some female victims are unable to have children • Emotional Injuries • PTSD, Depression, Anxiety

36. What else happens to the victims? • Abused children are more likely to be arrested later in life • 36% of women in prison were abused as a child • 14% of all men in prison were abused as a child • Any abuse increases risk for sex crimes • Sexually abused children 4.7 times more likely to be arrested for sex crimes • More likely to become prostitutes • 30% of abused children will later abuse their own children • Link Between Child Abuse and Substance Abuse • Sexually abused children 2.5 times more likely to develop alcohol abuse • 3.8 times more likely to develop drug addictions

37. SEXTING • How many have sent/posted nude or semi-nude pictures of themselves? • 11% of young teen girls (13-16) • 22% of teen girls (13-19) • 18% of teen boys • How many have sent sexually suggestive messages? • 40% teen boys • 37% of teen girls • 48% of teens say they’ve received this kind of message • Who’s receiving these sexually suggestive messages and images? • 71% of teen girls and 67% of teen guys who sent them say they sent it to a boyfriend/girlfriend • 21% of teen girls and 39% of teen boys say they sent it to someone they wanted to date or hook up with • 15% say they’ve done it to someone they only knew online • How many have been shown content originally meant for someone else? • 38% of teen girls/39% teen boys say they’ve had seually suggestive text messages or emails originally meant for someone else shared with them • 25% teen girls/33% teen boys say they’ve had nude or semi-nude images originally meant for someone else shared with them • Why are the images/text messages sent? • 51% teen girls/18% teen boys say it’s from pressure from male/female counterparts • 23% teen girls/24% teen boys say pressured by friends • 66% of teen girls/60% of teen boys did to be “fun or flirtatious” • 52% of teen girls did so as “sexy present” for boyfriend • 40% teen girls said they sent them as a joke • 34% teen girls say they sent it to “feel sexy”

38. What happens when the message gets sent to more people?

39. What happens when the message gets sent to more people? • Philip Alpert’s Story

40. Where do we go from here? • Most legislation is targeted at INCLUDING text messaging into • Colorado: Adds telephone networks, data networks, text messages, and IMs as means to commit computer dissemination of indecent material to a child, internet luring of a child, internet sexual exploitation, and harassment (June, 2009) • Legislation being implemented • Vermont • Legalize exchange of graphic images between people between the ages of 13-1 • Passing along images to third parties is a crime • Ohio • Decrease it from a felony to a misdemeanor

41. The End