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February 13, 2009

Chiefs, Sheriffs and CALEA - It is time to consider Internet crimes against children

Dr. Frank Kardasz, February 7, 2009

Most law enforcement agencies have standardized policies and written directives guiding their many areas of operation.  Directives and policies govern everything from mundane administrative matters to grave threats to public safety.  Polices develop after years of experience and in most cases, continue to evolve as new trends emerge.  A troubling exception to the continuous modernization of police directives is in the area of Internet crimes against children.  Most law enforcement organizations still fail to recognize the growing problem and do not have written directives that require any response to these grim threats to children and teens.

Internet Crimes Against Children

The luring and enticement of minors via cyberspace is alarming and continues to increase.  The Federal Bureau of Investigation estimates that 50,000 child predators are online at any time searching for potential victims (1).

Growing exponentially in the past 15 years, the numbers of Internet crimes against children has reached disturbing heights. According to a Congressional report in 2007:

Crimes involving the sexual exploitation of children over the Internet are a growing problem in the U.S. and around the world, due to the ease with which pedophiles and child predators can trade, sell, view, and download images of child pornography from the Internet (ibid).

Arizona, like many other states, is experiencing significant increases in the number of unlawful images being trafficked via the Internet (2).  The increase in Internet crimes begs a dedicated and permanent law enforcement response.  Most Arizona law enforcement agencies have no written directives mandating any response to Internet crimes against children.

Invisible Victims - Except in Cyberspace

Unlike spectacular crimes and incidents involving crashes, explosions, shootings and widespread newsworthy bloodletting, the evil offenses against children are committed in mostly dark and private places by offenders who often psychologically control for humiliate their victims into lifelong silence.  Although the criminal evidence is visible in cyberspace, the crimes are seldom reported to law enforcement officials.

Deceptive Statistics Ignore the Problem

Internet crimes involving child victims are under-reported and official statistics do not properly collect the numbers of crimes.  The National Incident-Based Reporting System (NIBRS) is ineffective in capturing statistics specifically related to such crimes.  NIBRS does not have specific categories that capture the numbers of Internet crimes against children (4).  The tragic failure to collect data permits statistics-driven administrators to deny and ignore the existence of the problem.

 Liability

Failure to investigate Internet crimes against children can result in significant liability for an organization.  Several agencies in the state of Washington suffered a substantial financial judgment when a failure to protect children was uncovered (3).

Purposeful Ignorance Driven by Repugnance

Crimes against children are particularly repugnant.  Most people, including police, wish to disassociate themselves mentally from thoughts of dreadful abuse involving helpless children.  According to former FBI agent Ken Lanning, "Law-enforcement investigators must deal with the fact that the identification, investigation, and prosecution of child molesters may not be welcomed by their communities—especially if the molester is a prominent person.  Individuals may protest, and community organizations may rally to the support of the offender and even attack the victims.  City officials may apply pressure to halt or cover up the investigation.  Many law-enforcement supervisors, prosecutors, judges, and juries cannot or do not want to deal with the details of deviant sexual behavior.  They will do almost anything to avoid these cases (5)."

Sex crimes against children are the most reviled types of investigations for law enforcement officers.  While respectful of the need to bring sex offenders to justice, many officers say, “I could never work those kinds of crimes.”  The true facts about the sexual victimization of minors can be so psychologically distressing that few can emotionally tolerate being deeply involved in the investigations.  Little wonder that crimes against children in cyberspace are widely ignored by policy makers.

CALEA

At the forefront of modern policy oversight is the Commission on Accreditation for Law Enforcement Agencies (CALEA).  The Commission began in 1979 as a professional consortium of law enforcement professionals who, among other duties, require that their member-agencies maintain model policies that are common to responsible departments nationwide.  Member-agencies of CALEA must adopt and comply with standardized written directives.  Agencies are periodically audited by CALEA assessors to insure compliance with the required rules. Some examples of a few simple CALEA standards include the following directives:

  • 43.1.1 The agency has a written directive for investigating vice, drug, and organized crime activities...
  • 61.3.1 A written directive governs performance of agency activities related to traffic engineering...
  • 42.2.8 The agency has a written directive concerning identity crime and procedures...
  • 61.2.2 A written directive defines agency response to the scene of any collision...

CALEA standards are applicable to member agencies based on the size of the organization.  Small agencies are not required to provide as many services as large agencies.  Sadly, CALEA has not yet recognized Internet crimes against children as subject worthy of policy attention.

Recommendation

Law enforcement policies and written directives must recognize Internet crimes against children.  If traffic enforcement and identity theft are crimes worthy of written directives aren’t children also worthy?  As a leadership organization whose guidelines are followed by many member-agencies, CALEA should include written directives that mandate a law enforcement response to the growing problem of Internet crimes against children.

References

(1) U. S. House of Representatives, Committee on Energy and Commerce. (January 2007). Sexual exploitation of children on the Internet: Bipartisan staff report for the use of the Committee on Energy and Commerce. 109th. Congress. Retrieved February 12, 2009 from http://republicans.energycommerce.house.gov/108/News/01032007_Report.pdf

(2) Kardasz, F. (January 3, 2009). Contraband Images in Arizona: Eight days in December 2008. Retrieved February 11, 2009 from http://kardasz.org/blog/2009/01/contraband_images_in_arizona_e.html

(3) Kardasz, F. (September 15, 2008). Liability for Deliberate Indifference and Failure to Investigate = $ 10.5 Million. Retrieved February 12, 2009 from http://kardasz.org/blog/2008/09/liability_for_deliberate_indif.html

(4) Finkelhor D., and Ormrod, R. (December 2004). Child pornography: Patterns from NIBRS. U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention. Retrieved February 12, 2009 from http://www.ncjrs.gov/pdffiles1/ojjdp/204911.pdf

(5) Lanning, K.V. (September, 2001). Child molesters: A behavioral analysis. National Center for Missing and Exploited Children. 4th Ed. p. 86. Retrieved February 12, 2009 from http://www.missingkids.com/en_US/publications/NC70.pdf

January 20, 2009

GPS Tracking of Internet Sex Offenders - Mapping Wireless Hotspots and Beyond

Dr. Frank Kardasz, January 20, 2009

Global positioning satellite (GPS) technology is commonly used to track offenders who are on probation or parole. Offenders wear battery powered ankle bracelets equipped with transmitters linked to cellular technology. The ankle bracelet transmitters report the person’s position on a map for the monitoring officer to see. The system helps officers track the offenders whereabouts.

GPS tracking technology has advanced to the extent that mapping markers can pinpoint the offender’s location and also mark surrounding locations that the offender may be prohibited from visiting. Prohibited locations for sex offenders might include grade schools, parks or places where children would logically congregate.

Some offenders' terms of probation or parole include computer restrictions. Computer restrictions often prohibit or restrict the offender from visiting cyberspace. Computer restrictions are difficult for parole and probation officers to enforce. Computers are ubiquitous and found almost everywhere. Complicating matters is the fact that free wireless access is available in many locations.
How can mapping technology assist probation and parole officers charged with monitoring offenders who used computers and cyberspace to violate?
  • Mapping markers might also be used to identify locations where unrestricted wireless Internet access "hotspots" are provided.

How can wireless hotspots be identified?

  • A Google search for free wireless hotspots in Phoenix Arizona revealed several hyperlinks including the following: http://ilovefreewifi.com/phoenix/. The site lists dozens of locations that would be attractive places for sex offenders to visit and take advantage of unrestricted wireless Internet access. First on the list was the Phoenix Public Library.
  • Net Stumbler is a popular freeware program that can be used to identify wireless hotspots. It detects wireless LANs that use the 802.11b, 802.11a and 802.11g WLAN standards. Other products perform similar duties. Alternatives to Net Stumbler include: MacStumbler, iStumbler, KisMAC, Kismet, Windows Vista netsh, Vistumbler, Inssider, and DISA Wireless Discovery Device (Flying Squirrel).

Perhaps the integration of mapping technology with GPS monitoring could identify wireless Internet hotspots and assist those who must monitor the offenders who have computer restrictions. The mapping software that shows the locations of schools might also be used to show the locations of wireless hotspots.

Beyond the mapping of wireless hotspots, what else might be done to monitor cyber sex offenders?

  • Further future advancements in technology might include ankle bracelets that incorporate radio frequency identifiers that sense those radio frequencies common to wireless Internet channels and report those frequencies to the monitoring system.

Although it may be too restrictive to prohibit an offender from ever entering any area where a free unrestricted wireless radio frequency signal is available, simply collecting and preserving the data may be enough to assist investigators who are tasked with later follow up of ongoing offenses. For example, an investigator who is tracing the source of unlawful Internet trafficked images might be led to a particular Internet protocol address at a particular location. If the location is found to be a free wireless hotspot, it would be nice to know whether or not an ankle-bracelet monitored offender was also at the location during the offense.

Arizona law now includes a section requiring registered sex offenders to provide their e-mail and Internet protocol (IP) addresses to the state. While this is a positive step towards monitoring offenders, registering e-mail and IP addresses is not a foolproof way to track offenders. Further work is needed in the area of tracking and monitoring Internet sex offenders.

Conclusion

Monitoring the offenders who use cyberspace is a challenging task for probation and parole officers. GPS monitoring through ankle bracelets is becoming a popular technology for those who must track offenders.

Businesses that produce and market GPS monitoring systems should consider adding a mapping feature that pinpoints Internet wireless hotspots in order to assist officers who must monitor the activities of cyber offenders. Mapping wireless hotspots might help probation and parole officers  know when cyber offenders are near locations where they might reoffend.

Future advancements in technology might include ankle bracelets that incorporate radio frequency identifiers that recognize those frequencies common to wireless Internet channels and report those frequencies to the monitoring system.

.

January 15, 2009

Contraband Images in Arizona: Eight days in December 2008

Dr. Frank Kardasz, January 3, 2009

During the eight day period from December 23 – 30, 2008, Internet traffic was reviewed to determine the characteristics of some of the unlawful images depicting the sexual exploitation of minors that were trafficked in Arizona during the time-period.

The data collection is limited by the fact that the Internet traffic reviewed represents only a very small portion of the Internet and likely under-represents the total amount of unlawful images being trafficked.

Data was collected from a proactive data source and examined. The examination indicated that approximately 8,170 “hits” were traced to sources in Arizona. Each hit represents a single felony incident of sexual exploitation of a minor (child pornography) in probable violation of Arizona Revised Statute 13-3553.

Of the approximately 8,170 hits, 2,252 unique data source locations throughout Arizona were identified representing 77 different cities and towns.

The hits and locations were associated with 1,054 unique unlawful contraband felony images or videos that have been previously identified as depicting the sexual exploitation of minors in violation of ARS 13-3553.

Breakdown of the hits by source city for eight day period from December 23-30, 2008:

Phoenix

 

 

2692

 

Tucson

 

1084

 

Mesa

 

788

 

Gilbert

 

450

 

Scottsdale

 

371

 

Chandler

 

299

 

Peoria

 

281

 

Tempe

 

237

 

Glendale

 

199

 

Yuma

 

144

 

Kingman

 

106

 

Flagstaff

 

104

 

Avondale

 

97

 

Laveen

 

89

 

Goodyear

 

88

 

Lake Havasu City

 

81

 

Sierra Vista

 

81

 

Surprise

 

81

 

Buckeye

 

67

 

Sun City

 

52

 

Apache Junction

 

51

 

Prescott Valley

 

46

 

Globe

 

43

 

Sahuarita

 

43

 

Cottonwood

 

37

 

Bullhead City

 

34

 

Litchfield Park

 

32

 

Prescott

 

31

 

Casa Grande

 

29

 

Cave Creek

 

28

 

Queen Creek

 

27

 

Paradise Valley

 

25

 

Fort Huachuca

 

23

 

San Luis

 

22

 

Safford

 

20

 

Golden Valley

 

19

 

Humboldt

 

19

 

Coolidge

 

18

 

Payson

 

18

 

Sun City West

 

16

 

Sedona

 

15

 

Maricopa

 

11

 

El Mirage

 

10

 

Fort Mohave

 

10

 

Tolleson

 

10

 

Show Low

 

8

 

Window Rock

 

8

 

Winslow

 

8

 

Parker

 

6

 

Chinle

 

5

 

Chino Valley

 

5

 

Rimrock

 

5

 

Youngtown

 

5

 

Benson

 

4

 

Camp Verde

 

4

 

Cashion

 

4

 

Red Rock

 

4

 

Vail

 

4

 

Green Valley

 

3

 

Morenci

 

3

 

Page

 

3

 

Snowflake

 

3

 

Thatcher

 

3

 

Vernon

 

3

 

Wellton

 

3

 

Clifton

 

2

 

Douglas

 

2

 

Eloy

 

2

 

Kearny

 

2

 

Rio Rico

 

2

 

Ajo

 

1

 

Arizona City

 

1

 

Ash Fork

 

1

 

Ehrenberg

 

1

 

Gadsden

 

1

 

Mammoth

 

1

 

Willcox

 

1

 

December 30, 2008

Training the police for cyber-realities: Recommendations for Arizona law revisions

Dr. Frank Kardasz, December 30, 2008, Revised February 11, 2009

Our Computer Culture

Cyberspace and computers have altered our lives, for better and sometimes for worse. Many people have computers in their homes and offices. School children often have computers in classrooms. Law enforcement officers have computers in the workplace. Police stations have computers for recording incidents and writing reports. Many police cars have computers to aid officers dispatched to calls. Victims and suspects of crimes have computers that are sometimes stolen or sometimes used during cybercrimes.

Cybercrime Explosion

Computers are also quietly used to facilitate sex crimes against minors including luring, enticement and unlawful images depicting exploitation. Most of the crimes against children go unreported because young victims cannot call the police. Part of our growing awareness of the large numbers of Internet crimes comes from thousands of reports of unlawful images through the National Center for Missing and Exploited Childrens' Cybertip line and also from the sad reports of a few victims (1).

Recent undercover investigative efforts to explore cybercrimes against children have resulted in surprising and increasing numbers of incidents in Arizona (2) and worldwide. Internet crimes against children are arguably among the most under-reported and rapidly growing types of crimes. Cybercrimes pose a dangerous threat to young people.

Law Enforcement Training Void

Despite the increases in computer crimes, law enforcement training has not kept pace with the trend. Police training regarding computer crimes is practically nil and not required at the basic academy level. Analogous to the proliferation of automobiles and subsequent development of traffic enforcement a hundred years ago, we now face the proliferation of computers but without the accompanying law enforcement response.

A Congressional report in 2007 said:
Additional resources should be assigned on both the federal and state level to investigate and prosecute these cases. These resources include federal and state law enforcement agents and prosecutors, forensic laboratories and law enforcement and prosecutorial training (3).
The slow law enforcement response is exacerbated by a denial and a wishful illusion that the crimes do not exist. Many police officers abhor investigating crimes against children. The emotional toll of acknowledging and investigating sex crimes against children is just too high. A common refrain among otherwise toughened cops is, "I could never work those disgusting kinds of crimes against kids." Changing these beliefs begins with training officers to recognize and investigate the crimes.

Basic Police Training in Arizona

In Arizona, basic police training includes a long list of topics that a fledgling officer must endure (4). State laws and regulations require training consisting of 585 hours of basic police instruction (4). The list includes many important and worthy subjects including firearms, pursuit driving, laws of arrest and defensive tactics.

Noticeably absent from the list of required basic police training topics is any reference to training about Internet crimes against minors. It is now time to formally recognize the growing problem of cybercrimes against children and provide basic training to officers.

Surely the problem of Internet crimes against children is at least equal in importance with traffic enforcement. Traffic law and traffic law enforcement is mentioned many times in the Arizona State requirements for basic police training. Problematic motoring is taught during Functional Area IV - Traffic Control (5). Students must learn about impaired driver cases, traffic citations, traffic collision investigation, traffic collision (practical), traffic direction, and substantive traffic Law. Aren't Internet crimes against children as important as traffic crimes?

Nay-sayers may argue that it is impossible to add more hours to current police academy training. The 585 hour schedule is packed with high-liability topics that each new officer must master. While that may be true, and while it may be difficult to extend the 585 hours to 586 or 587, why not combine or shorten some of the other courses and devote a little less time to them in order to make room for the growing needs of child victims in cyberspace. Could less time be spent on history, summonses, civil process, intoxication, or traffic?

Summary

It is time to act affirmatively to help children in cyberspace by educating the police. In 2008, we are finally passing the cyber-torch to a generation of new police officers who were raised with computers as we simultaneously retire those veterans who once abhorred computers. Arizona law enforcement academies should recognize Internet crimes against children by including training about the crimes within the basic police training curriculum.

Partly because children cannot call 911, Internet crimes against them will be ignored until legislation encourages basic training for law enforcement officers. The encouragement begins with educating officers to properly respond to and investigate the offenses. The suggested law revisions below are an affirmative move towards that goal.

Recommendations

The following three changes to Arizona Revised Statutes Title 41 and Arizona Administrative Code R13-4-103 regarding basic peace officer training would make education about Internet crimes against minors mandatory for new officers.

I. ARS 41-1822 - add paragraph (g)

Revise the Arizona Revised Statute 41-1822 regarding basic police training to include the language below in a new paragraph (g) under subsection 4 and a revised paragraph 5:

4. Prescribe minimum courses of training and minimum standards for training facilities for law enforcement officers. Only this state and political subdivisions of this state may conduct basic peace officer training. Basic peace officer academies may admit individuals who are not peace officer cadets only if a cadet meets the minimum qualifications established by paragraph 3 of this subsection. Training shall include:

(g) INTERNET AND COMPUTER CRIMES AGAINST MINORS

II. ARS 41-1822 - revise paragraph 5

5. Recommend curricula for advanced courses and seminars in law enforcement and intelligence training in universities, colleges and community colleges, in conjunction with the governing body of the educational institution.

SUCH RECOMMENDATIONS WILL INCLUDE CONSIDERATION OF
COURSES AND SEMINARS REGARDING THE INVESTIGATION OF
INTERNET CRIMES AGAINST MINORS.

III. Administrative Regulation R13-4-116 Academy Requirements - add paragraph xi

Revise the Administrative Regulations governing certification of peace officers (R13-4-116). Under functional area V - Crime Scene Management, add the following investigative area to the list of items:

xi. INTERNET AND COMPUTER CRIMES AGAINST MINORS


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References


(1) Jaffee, M. (October 18, 2007). Emotional testimony from online predator victim. WZZM13.com. Retrieved December 30, 2008 from http://www.wzzm13.com/news/news_article.aspx?storyid=82414


(2) Kardasz, F. (March 25, 2008). Contraband images in Arizona: Cities and Internet service providers, February through March 2008. Retrieved December 30, 2008 from http://kardasz.org/blog/2008/04/contraband_images_in_arizona.html

(3) Committee on Energy and Commerce. (January 2007). Sexual exploitation of children over the Internet. Staff report of the 109th Congress. Retrieved February 11, 2009 from http://republicans.energycommerce.house.gov/108/News/01032007_Report.pdf

(4) 2008 Arizona Revised Statutes. Title 41 - State Government. Article 8 Arizona Peace Officer Standards and Training Board. Retrieved December 30, 2008 from http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/41/01822.htm&Title=41&DocType=ARS

For ease of reference, relevant parts of the statute follows:

41-1822. Powers and duties of board; definition
A. With respect to peace officer training and certification, the board shall:
5. Recommend curricula for advanced courses and seminars in law enforcement and intelligence training in universities, colleges and community colleges, in conjunction with the governing body of the educational institution.


(5). Arizona Administrative Code. Title 13. Public Safety. Chapter 4. Arizona Peace Officer Standards and Training Board. Retrieved December 30, 2008 from http://www.azpost.state.az.us/

For ease of reference, relevant parts of the statute follows:

Title13. PUBLIC SAFETY
R13-4-116. Academy Requirements
E. Basic course requirements. The academy administrator shall ensure that the academy uses curricula that meet the requirements of R13-4-114 for the following basic courses of instruction.
1. The 585-hour full-authority peace officer basic training course shall include all of the topics listed in each of the following functional areas:
a. Functional Area I - Introduction to Law Enforcement.
i. Criminal justice systems,
ii. History of law enforcement,
iii. Law enforcement services,
iv. Supervision and management,
v. Ethics and professionalism, and
vi. Stress management.
b. Functional Area II - Law and Legal Matters.
i. Introduction to criminal law;
ii. Laws of arrest;
iii. Search and seizure;
iv. Rules of evidence;
v. Summonses, subpoenas, and warrants;
vi. Civil process;
vii. Administration of criminal justice;
viii. Juvenile law and procedures;
ix. Courtroom demeanor;
x. Constitutional law;
xi. Substantive criminal law, A.R.S. Titles 4, 13, and 36; and
xii. Liability issues.
c. Functional Area III - Patrol Procedures.
i. Patrol and observation (part 1),
ii. Patrol and observation (part 2),
iii. Domestic violence,
iv. Mental illness,
v. Crimes in progress,
vi. Crowd control formations and tactics,
vii. Bomb threats and disaster training,
viii. Intoxication cases,
ix. Communication and police information systems,
x. Hazardous materials,
xi. Bias-motivated crimes,
xii. Fires, and
xiii. Civil Disputes.
d. Functional Area IV - Traffic Control.
i. Impaired driver cases;
ii. Traffic citations;
iii. Traffic collision investigation;
iv. Traffic collision (practical);
v. Traffic direction; and
vi. Substantive Traffic Law, A.R.S. Title 28.
e. Functional Area V - Crime Scene Management.
i. Preliminary investigation and crime scene management,
ii. Crime scene investigation (practical),
iii. Physical evidence procedures,
iv. Interviewing and questioning,
v. Fingerprinting,
vi. Sex crimes investigations,
vii. Death Investigations (including training certified by the Department of Health Services on sudden infant death syndrome),
viii. Organized crime activity,
ix. Investigation of specific crimes, and
x. Narcotics and dangerous drugs.
f. Functional Area VI - Community and Police Relations.
i. Cultural awareness,
ii. Victimology,
iii. Interpersonal communications,
iv. Crime prevention, and
v. Police and the community.
g. Functional Area VII - Records and Reports. Report writing.
h. Functional Area VIII - Police Proficiency Skills.
i. First aid,
ii. Firearms training (including firearms qualification),
iii. Physical conditioning,
iv. High risk stops,
v. Defensive tactics,
vi. Vehicle operations, and
vii. Pursuit operations.

November 22, 2008

Cyber-assisted suicide prevention law is needed

By Dr. Frank Kardasz

The tragic story of a 19 year old Miami man who committed suicide while others watched via Internet web cameras was not an isolated incident. A nearly identical situation occurred in Phoenix, Arizona several years ago.

Occasionally the police receive information that someone in cyberspace is threatening suicide. Often the information is provided anonymously and with no follow-up information other than the screen name or email address of the suicidal person. Fortunately, while many people on the Internet contemplate suicide as a cry for help, only a few actually complete the sad act.  

Law enforcement is unable to investigate all of the many cyberspace suicide threats. Police are hampered not only by the shortage of investigators but also by the lack of a law that gives them jurisdiction.  Some states laws require that a criminal act must be under investigation before a subpoena can be issued to trace through the Internet service provider to the computer connected to the Internet. Suicide is not a crime in many places and many people believe that suicide by an adult is a personal choice that should not be legislated. In the case of adults it is difficult for law enforcement officers to prevent a determined person from suicide. Many suicidal persons are convinced by authorities to voluntarily surrender themselves to mental health counseling for treatment.

The situation is different when the person threatening suicide is a minor. Because of immaturity a minor is legally incapable of making an informed decision to end his or her life. For minors, law enforcement has a legitimate interest in preventing the suicide but still sometimes lacks the legal ability to investigate.

Suicide-prevention cyberspace emergency law is needed

In threatened cyber-assisted suicide cases investigators are caught between the mandate to preserve human life and the lack of legislation allowing them to effectively investigate. I recommend the creation of a law that would help the police locate and assist suicidal minors by mandating cooperation from Internet service providers.

Here is some draft language for legislators to consider:

Electronic Communications Emergency Exception Regarding Threatened Suicide Involving Minors

If,  while using electronic communications a person identifying himself as a minor threatens suicide, law enforcement may request subscriber information about the person from electronic communications service providers (also known as Internet service providers). The electronic communications service providers will provide subscriber information about the person threatening suicide when law enforcement states that there is reasonable suspicion to believe that the suicidal person is a minor. Internet service providers and electronics communications providers doing business in (name your jurisdiction) are required to comply.

Although the law probably would not have helped in the Miami nor Phoenix cases it may help law enforcement officers in the future when they are confronted with calls from citizens informing them of minors threatening suicide on the Internet.


-----------------------------------------------------

Kin outraged, distraught over teen's cyber suicide

By Rasha Madkour, Associated Press, 11/2/09

Miami, Florida – The family of a college student who killed himself live on the Internet say they're horrified his life ended before a virtual audience, and infuriated that viewers of the live webcam or operators of the Web site that hosted it didn't act sooner to save him.

Only after police arrived to find Abraham Biggs dead in his father's bed did the Web feed stop Wednesday — 12 hours after the 19-year-old Broward College student first declared on a Web site that he hated himself and planned to die.

"It didn't have to be," said the victim's sister, Rosalind Bigg. "They got hits, they got viewers, nothing happened for hours." Biggs announced his plans to kill himself over a Web site for bodybuilders, authorities said. He posted a link from there to Justin.tv, a site that allows users to broadcast live videos from their webcams.

A computer user who claimed to have watched said that after swallowing some pills, Biggs went to sleep and appeared to be breathing for a few hours while others cracked jokes.

Some members of his virtual audience encouraged him to do it, others tried to talk him out of it, and some discussed whether he was taking a dose big enough to kill himself, said Wendy Crane, an investigator with the Broward County medical examiner's office.

Some users told investigators they did not take him seriously because he had threatened suicide on the site before. Eventually, someone notified the moderator of the bodybuilding site, who traced Biggs' location and called police, Crane said. The drama unfolded live on Justin.tv, which allows viewers to post comments alongside the video images.

As police entered the room, the audience's reaction was filled with Internet shorthand: "OMFG," one wrote, meaning "Oh, my God." Others, either not knowing what they were seeing, or not caring, wrote "lol," which means "laughing out loud," and "hahahah."

His father, Abraham Biggs Sr., told The Miami Herald he didn't want to watch the video. "We were very good friends," he said. "It's wrong that it was allowed to happen."

An autopsy concluded Biggs died from a combination of opiates and benzodiazepine, which his family said was prescribed for his bipolar disorder.

"Abe, i still wish this was all a joke," a friend wrote on the teenager's MySpace page, which he described himself as a goodhearted guy who would always be available for his pals, no matter what time of day.

In a statement, Justin.tv CEO Michael Seibel said: "We regret that this has occurred and want to respect the privacy of the broadcaster and his family during this time."

It is unclear how many people watched it happen. The Web site would not say how many people were watching the broadcast. The site as a whole had 672,000 unique visitors in October, according to Nielsen.

Biggs was not the first person to commit suicide with a webcam rolling. But the drawn-out drama — and the reaction of those watching — was seen as an extreme example of young people's penchant for sharing intimate details about themselves over the Internet.

Montana Miller, an assistant professor of popular culture at Bowling Green State University in Ohio, said Biggs' very public suicide was not shocking, given the way teenagers chronicle every facet of their lives on sites like Facebook and MySpace.

"If it's not recorded or documented then it doesn't even seem worthwhile," she said. "For today's generation it might seem, `What's the point of doing it if everyone isn't going to see it?'"

She likened Biggs' death to other public ways of committing suicide, like jumping off a bridge.
Crane said she knows of a case in which a Florida man shot himself in the head in front of an online audience, though she didn't know how much viewers saw.

In Britain last year, a man hanged himself while chatting online.

Miami lawyer William Hill said there is probably nothing that could be done legally to those who watched and did not act. As for whether the Web site could be held liable, Hill said there doesn't seem to be much of a case for negligence.

"There could conceivably be some liability if they knew this was happening and they had some ability to intervene and didn't take action," said Hill, who does business litigation and has represented a number of Internet-based clients. But "I think it would be a stretch."

Condolences poured into Biggs' MySpace page, where the mostly unsmiling teen is seen posing in a series of pictures with various young women. On the bodybuilding Web site, Biggs used the screen name CandyJunkie. His Justin.tv alias was "feels_like_ecstacy."

Bigg described her brother as an outgoing person who struck up conversations with Starbucks baristas and enjoyed taking his young nieces to Chuck E. Cheese. He was health-conscious and exercised but was not a bodybuilder, she said.

"This is very, very sudden and unexpected for us," the sister said. "It boggles the mind. We don't understand."

Associated Press Writers Jessica Gresko and Lisa Orkin Emmanuel and the AP News Research Center in New York contributed to this report.

Retrieved November 22, 2008 from http://news.yahoo.com/s/ap/20081122/ap_on_re_us/webcam_suicide

November 05, 2008

Camera equipped cellular phones - Think before you snap-a-pic

Dr. Frank Kardasz, November 5, 2008, updated January 16, 2009

Modern cell phones often come equipped with cameras that can be used to capture images. Young people use their cell phone cameras to snap pictures of friends, families and special occasions. Images taken with cell phone cameras can be easily shared between users who can quickly send images to one another or to wider groups of friends.

Unfortunately, cameras are also sometimes used to snap images of nudism or sexual exploitation. Often the images are part of the "sexting" process. Sexting is the act of sending sexual text or sexual images from one electronic device to another for the purpose of grooming another person towards a sex act. Sexual predators often groom intended victims by sexting.

An increasing number of complaints are being received by law enforcement involving improper or illegal images taken and trafficked via cell phone. What can be done?

  • Parents, please monitor your child's use of a cell phone camera.
  • Young people, please think about the consequences of taking and sharing pictures taken with a cell phone camera.

Remember that once an image is released to others or into cyberspace, it is irretrievable. Pictures can be shared and duplicated across cyberspace and the image might not ever be erased.

Please think before you snap-a-pic.

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The following story by Mike Brunker describes an incident in Pennsylvania.

'Sexting’ surprise: Teens face child porn charges
6 Pa. high school students busted after sharing nude photos via cell phones

By Mike Brunker, msnbc.com, 01/15/09

In an unusual case arising from the popular practice known as “sexting,” six Pennsylvania high school students are facing child pornography charges after three teenage girls allegedly took nude or semi-nude photos of themselves and shared them with male classmates via their cell phones.

The female students at Greensburg Salem High School in Greensburg, Pa., all 14- or 15-years-old, face charges of manufacturing, disseminating or possessing child pornography while the boys, who are 16 and 17, face charges of possession, according to WPXI-TV in Pittsburgh, which published the story on its Web site on Tuesday.

Police told the station that the photos were discovered in October, after school officials seized a cell phone from a male student who was using it in violation of school rules and found a nude photo of a classmate on it. Police were called in and their investigation led them to other phones containing more photos, it said.

Police Capt. George Seranko was quoted as saying that the first photograph was “a self portrait taken of a juvenile female taking pictures of her body, nude."

The school district issued a statement Tuesday saying that the investigation turned up “no evidence of inappropriate activity on school grounds … other than the violation of the electronic devices policy.” The statement also said that school officials didn’t learn of the charges against the students until Monday.

In the WPXI story, which included contributions from the Associated Press, Saranko indicated that authorities decided to file the child pornography charges to send a strong message to other minors who might consider sending such photos to friends.

"It's very dangerous," he said. "Once it's on a cell phone, that cell phone can be put on the Internet where everyone in the world can get access to that juvenile picture. You don't realize what you are doing until it's already done." (Seranko could not be reached for comment on Thursday, and a woman who answered the phone at the Greensburg Police Department said, “Our department is not doing any more interviews on the case.”)

But Patrick Artur, a Philadelphia defense attorney who by his reckoning has handled at least 80 child pornography cases, said the prosecution of minors for photos they took themselves runs counter to the purpose of both state and federal child pornography laws: Preventing the sexual abuse of children by “dirty old men in raincoats.”

“It’s clearly overkill,” he said. “… The letter of the law seems to have been violated, but this is not the type of defendant that the legislature envisioned” in passing the statute. Artur said that because there is no mandatory minimum sentence under Pennsylvania’s child pornography law, unlike the federal statute, the students would not necessarily be incarcerated if they are found guilty. But he noted that convictions would have "serious, serious implications," including forcing them having to register as sexual offenders for at least 10 years. While Artur said the prosecution of a juvenile for allegedly creating and distributing child porn was new to him, a quick review of federal and state statistics showed there have been a handful of similar cases, and several convictions.

While few minors have found themselves in court for e-mailing or posting sexy photos of themselves, there is little doubt that ubiquitous cell phones and easy access to computers have tempted many to push the erotic envelope.

The National Campaign to Prevent Teen and Unplanned Pregnancy reported last month that a survey of 1,280 teens and young adults found that 20 percent of the teens said they had sent or posted nude or semi nude photos or videos of themselves. That number was slightly higher for teenage girls — 22 percent — vs. boys — 18 percent.

Retrieved January 16, 2009 from http://www.msnbc.msn.com/id/28679588/from/ET/

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The following story by Laura Legre also discusses the situation nationwide.

Students trading nude photos not isolated incident

By Laura Legere. The Times-Tribune.com. 11/12/08

Tunkhannock, Pennsylvania area students caught trading sexually explicit pictures of classmates are part of a growing trend. But unlike many teenage fads, what may have seemed like a harmless act could leave them facing life-altering legal consequences.

Incidents of similar trading of nude images by high school students — either by cell phone, e-mail or social networking Web sites — have been reported in at least 12 other states, including New Jersey, Ohio, Illinois, Texas, Wisconsin, Utah and Georgia.

John Shehan, director of the exploited children division of the National Center for Missing and Exploited Children, said this year alone his organization has received more than 100 reports of child exploitation involving a cell phone. That number includes cases of exploitation by both adults and minors.

In Tunkhannock, police confiscated five cell phones from students between the ages of 11 and 17. One of the phones contained about 100 pictures, according to Wyoming County District Attorney George Skumanick Jr. He said “some of the girls” in the pictures were also taking the photos, which likely showed females between the ages of 14 and 16.

The punishment for teens taking, sending or receiving such photos can often be very adult. In Texas in October, a 13-year-old boy was arrested on child pornography charges after he received a nude picture of an eighth-grade student on his cell phone.

In Utah, a 16-year-old boy was charged with a felony for sending nude photos of himself over a cell phone to female classmates.

In May, a Wisconsin teen who posted nude pictures of a 16-year-old girl on his MySpace page was charged with possession of child pornography, sexual exploitation of a child and defamation.

Pennsylvania students who trade nude images could be charged with sexual abuse of children, unlawful contact with a minor, or criminal use of a communication facility, all of which are felonies punishable by up to seven years in jail.

That point was made repeatedly to the ninth- and 10th-graders gathered in the Abington Heights High School gym Wednesday to hear about the dangers of such behavior. Although there have not been any reported incidents of students trading nude photos in the district, assistant superintendent Thomas Quinn, Ph.D. said, “It certainly would be naive to think it couldn’t happen here.”

Lackawanna County Deputy District Attorney Frank Castellano told the teens that taking, possessing or distributing pictures of people under the age of 18 constitutes child pornography in Pennsylvania, whether or not the person taking the photos or sharing them is a minor. “Please don’t think that you are immune from this type of prosecution or this type of arrest simply because of your age,” he said. “It makes no difference.”

Assistant District Attorney Robert Klein said students who receive nude images should immediately delete them. He emphasized images conveyed by cell phone often end up on the Internet and are spread widely. The legal and social ramifications of such an act can limit a person’s ability to get into college, join the military or get a job for the rest of his or her life, he said.

High School Assistant Principal Michael Beamish put the possible repercussions in even more personal terms, referring to the “tarnish” a pornography charge would have “on your family name.” “Everybody, take a minute and think about what your grandparents would feel if you were in court being prosecuted as a sex offender,” he said.

Nils Frederiksen, spokesman for the state Attorney General’s Office said law enforcement and prosecutors determine the charges to file when teens trade nude photos based on the individual circumstances of each case. But, he cautioned, “If you are sending sexually explicit material to someone under the age of 18, you are facing a potential felony charge.”

Mr. Shehan, of the National Center for Missing and Exploited Children, said prosecutors’ dilemma whether to “prosecute or try and educate or seek counseling” is very difficult, and will become more prevalent as the issue continues to spread. “A lot of damage is done when an image like that is taken and shared and essentially becomes available to the world,” he said. “Teenagers have a different mentality than adults do. A momentary lapse of judgment can have a lifetime of repercussions.”

But Daniel Macallair, executive director of the California-based Center on Juvenile and Criminal Justice, a nonprofit that advocates alternatives to juvenile incarceration, said the focus on the strictest criminal punishments is not the best way to address the issue. “Labeling some teenager who does something stupid as a lifetime sex offender solves no problems,” he said. “It will create more problems than it will solve.” He encouraged a community-wide response to the incident that involves parents and schools, but not the criminal justice system. “Are you trying to push someone to the margins of society for the rest of their life, is that the goal here?” he said. “And have we really thought this through?”

Retrieved November 17, 2008 from
http://www.thetimes-tribune.com/articles/2008/11/12/news/doc491b83902cae9324790271.txt

September 15, 2008

Liability for Deliberate Indifference and Failure to Investigate = $ 10.5 Million

Dr. Frank Kardasz. September 15, 2008

The information below pertains to an incident from the state of Washington concerning liability for failure to investigate a report of unlawful images.

Background

The National Center for Missing and Exploited Children (NCMEC) sends cybertips to the 59 nationwide ICAC Task Forces on a daily basis. Cases are also sent to the FBI, ICE, or US Postal Service depending on the perceived original jurisdiction of the case. The sad case described below was the result of tips sent to the Seattle, Washington ICAC Task Force in 2003.

Seattle Washington ICAC

In 2003, the Seattle, Washington ICAC Task Force received a NCMEC cybertip accompanied by two unidentified images of a boy being abused. The initial report indicated that the possessor of the images used the screen name, "fosterdad". The source of the images was determined to be a computer in Tacoma, Washington.

The case was first received and documented by the Seattle ICAC and then sent to their Tacoma affiliate for investigation. Seattle is the statewide recipient and clearinghouse for incoming NCMEC cybertips and has a computer virtual private network connection with NCMEC for the purpose of receiving incoming complaints.

In this case, Seattle preserved their case assignment log indicating that they sent the investigation to Tacoma. Washington state law requires that cases of child abuse must be reported to the Washington Child Protective Services agency. The NCMEC Cybertip in this case was not reported to the Washington CPS.

A conscientious and dedicated NCMEC analyst was alarmed by the images and contacted Tacoma PD to follow-up on the first report. The analyst was advised by a Tacoma detective that the images were not prosecutable. It was later leaned that the detective may have been less than truthful in this statement.

Then, a few months later, in a second cybertip, additional images from the same offender were reported to NCMEC. The second cybertip report was more thoroughly investigated by the Tacoma detective and in March, 2004 the offender, Ronald Young, a state-certified foster-parent, was arrested. It was discovered that he had molested several of his foster children over a long period of time and had photographed them and shared the images via the Internet. The same Tacoma detective who handled the original investigation also handled the subsequent arrest. He was initially lauded as a hero for his work on the case and later vilified after the initial delays were uncovered.

Washington Lawsuit

In 2006, a victim’s rights attorney filed suit on behalf of the foster children against Tacoma PD, Seattle PD, and Washington Child Protective Services. The suit alleged in part, that there was deliberate indifference in failing to investigate the original cybertip. CPS was sued for failing to investigate the background of foster-parent Young.

Washington Damages

Recognizing their difficult positions, Tacoma PD and the State of Washington CPS quickly settled with the plaintiffs. Although the Seattle ICAC had documented the fact that they sent the case to Tacoma - Seattle also paid. City of Seattle attorneys recognized that if they did not settle they would be the only defendant left in front of a jury that would likely be looking for someone to blame.

Total payout was reported as 10.5 million. The City of Seattle / Washington ICAC Task Force paid 1.9 million of the total. The Seattle ICAC Task Force now has the policy of notifying CPS on all of their investigations and an improved policy for following up on the cases they receive.

Key Points

The Washington situation is a tragic reminder to those investigative agencies who dismiss child pornography investigations as trivial that there are true victims behind the images, and that those victims may have lawyers. Child pornography is not just one picture of a baby in a bathtub that was created overseas and circulates the Internet among a few pedophiles who do not live in your city. It is a big problem, it cannot be ignored, and improved law enforcement efforts are needed.

Due to the high workloads and limited resources available for Internet crimes against children throughout the United States it is possible that a case similar to the one in Washington will occur, or has already occurred in other jurisdictions.

Recommendation

Law enforcement agencies must recognize that unlawful images depicting the sexual exploitation of minors are serious crimes worthy of significant investigative efforts and the devotion of increased resources.


Selected News Reports from the Washington Case

The following reports from various news sources begin with a story that describes the fine work of the Tacoma, Washington ICAC investigators.

Detectives Add High-Tech Tools to Law Enforcement Arsenal

05/07/04. By Jeffrey M. Barker. Seattle Post-Intelligence Reporter

Tacoma - In a Police Department office here lighted largely by computer-screen glow, two detectives chase technology. They're helping law enforcement catch up with the gadgets that now pervade our daily lives: the Internet, digital cameras, computer chips that are found in everything from cell phones to a car's engine. Just a few years ago, police ignored or fumbled with those things. In many places, they still do.

But they are the pieces of evidence detectives now need to convict criminals. Take, for an example, Ronald Harold Young, the Key Peninsula foster father charged in March with 44 counts of child rape, molestation and exploitation. He was found at the end of a cybertrail that included anonymous Internet bulletin boards, search warrants of Internet service providers and seizure of hard drives and cameras. It was a trail blazed by Detectives Richard Voce, 46, of the Tacoma Police Department and Greg Dawson, 45, of the Pierce County Sheriff's Department. The two make up the county's computer crimes unit.

"I don't have a computer science degree," said Dawson, a former Army aviator who bought his first computer - a Commodore 64 - in 1982. "I just wanted to play games -- flight simulators and things like that." Computers crowd his office. Connecting cables hang from walls. A child-pornography case brought Dawson to computer detective work. The case involved a man who took his hard drive filled with illegal pictures to a computer store for maintenance.

Same story for Voce. "I did a couple cases that just pushed me in this direction," he said, sitting in his dark office, hunting and pecking on his keyboard. Hanging on the wall behind him, a fake street sign reads "Pervert Parking Only." "He's what we call a natural," Dawson said of Voce.

Voce said that before 1999, he didn't know much more about computers than the average person who has one at home. Now, he teaches a three-hour class on computer crime at the local police academy. The class covers the rise of identity theft, fraud cases, proper seizure of a computer - all stuff that had never been discussed before during basic police training.

In most police departments across the country, the trail would have gone dead long before reaching Young, said Frank Clark, a former detective who works with the Pierce County Prosecutor's Office and started the computer crimes unit here. He also founded Computer Technology Investigators Northwest, a cooperative that helps train detectives and puts them together with private-sector computer experts.

When Pierce County Executive John Ladenburg -- then the county's prosecutor -- hired Clark away from a pioneering computer crime unit in Fresno, Calif., computer evidence here wasn't being properly investigated. "They (Pierce County detectives) were seizing a number of computers," Clark said. "They just didn't know what to do with them."

He said most departments simply don't have officers trained in computer forensics. And because of that, fraud and child pornography - the bulk of what Voce and Dawson deal with - are going unaddressed. The Seattle Police Department does not staff any full-time computer detectives.

The only full-time computer forensics lab in this state, other than Pierce County's, is run by the Washington State Patrol. Clark said departments should have at least one computer detective for every 200,000 residents. "If you gave me five people tomorrow, I could keep them busy, and more," Dawson said, adding that once detectives are trained to look for computer crimes, they find more and more.

On the flip side, just because many cities are not looking for the crimes, and therefore not prosecuting them, it doesn't mean they don't have a high-tech crime problem. "If I don't have a drug unit, I don't have a drug problem in my town. The same can be said of high-tech," Dawson said. Clark agreed, saying Pierce County doesn't have more fraud and illegal pornography cases than other region -- "we just work 'em."

The Pierce County/Tacoma lab gets about 40 tips annually like the one that led to Ronald Young, the detectives say.

And Dawson and Voce said there are more people out there who are able to commit crimes from the mostly anonymous comfort of their homes, rather than having to seek out child pornography in dark alleys and through regular mail. "The Internet is a wonderful, wonderful tool," Dawson said. "But it's got a dark side -- it's a delivery system that wasn't there just a few years ago."

Detectives investigate bomb threats, which often are made through e-mail; improper use of private companies' computers; check fraud; and identity thefts. Dawson and Voce also help other detectives on more traditional cases. In a homicide, for example, a death threat or other evidence might be found on a computer.

That's the kind of slip-up that might not be found in the course of non-computer police work. "But you can afford to be stupid right now," Dawson said, "if there are no cops out there to catch you."

Reporter Jeffrey M. Barker can be reached at 206-870-7852 or jeffreybarker@seattlepi.com

Retrieved September 3, 2008 from http://seattlepi.nwsource.com/local/172341_vprofile07.html

Online Postings Describe Struggle with Sexual Urges

03/31/04. Mike Carter, Michael Ko and Jonathan Martin. Seattle Times staff reporters.

Police say a Pierce County foster dad charged with molesting and photographing young boys in his care posted messages in an Internet newsgroup catering to Christian pedophiles, saying he struggled "minute by minute" with his urges and describing himself as a "boylover that has devoted my life to boys and introducing the love of Christ to them."

Tacoma Police Detective Richard Voce yesterday confirmed that 41-year-old Ronald Harold Young used the Internet identity "Homeanon" to write of his battle with his sexual urges for children, and counseled other struggling pedophiles in a "Christian" forum on religion and their pedophilia.

Young also used that identity to post dozens of pornographic photographs in another pedophile-oriented newsgroup, police said. Many of the pictures were of his foster children, and some were so graphic that they offended others in the group. Young, a licensed foster parent, was arrested last week at his house in Home, on the Key Peninsula, and has been charged with 30 counts of first-degree child rape, eight counts of sexual exploitation of a minor and six counts of first-degree child molestation. Voce said detectives believe the pseudonym Homeanon refers to Young's residence in Home, as well as his desire to remain anonymous.

According to some members of his family, Young became "super-religious" in recent years, right around the time he applied for and received a foster-parent license from the Department of Social and Health Services.

On Dec. 1, 2003, Homeanon joined a debate in a "Christian" pedophile newsgroup over whether there is biblical justification for pedophilia or homosexuality. "Married for over 20 years, I still find boys attractive in a lustful way and can only remove those thoughts with praises to our loving God," he wrote. He concluded, after a lengthy analysis, that "homosexual desire is unnatural because it causes a man to abandon the natural sexual compliment God has ordained for him — a woman."

In another posting Jan. 16, Homeanon responded to a pedophile who opined that a man who has sexual urges for children should confront his temptations. "I do not think an alcoholic should hang out in a bar, a boylover probably should not take on a Boy Scout troop without examining his true motives," Homeanon wrote.

Charging papers state that the first pornographic photos of some of the six foster children in Young's care — clearly showing a sex act — were posted to the Internet by Young under another identity, "fosterdad," on Sept. 10, 2003, more than two months before he posted his missive on the Christian forum.

On Sept. 16, 2003, Homeanon appeared in another newsgroup that caters to pedophiles. A few days later, he wondered in that newsgroup "how safe is this. to post or not to post. That is my dilema. Much to lose."

About every six weeks, Homeanon posted a series of photographs, some with a theme and many of sex acts between men and boys, or other degrading acts involving children.

In several of the postings, Homeanon wrote that he hadn't taken the pictures. "Please note that I have only posted these Beautiful pictures and that I DO NOT know these boys," he wrote Dec. 2, 2003.

The charges against Young state that police have recovered the camera that took the photographs and have identified Young and some of the foster children in the photographs. Homeanon's appearance in one group created quite a stir. While many of its members urged him to keep posting new photographs, a few took offense at some of the more graphic photographs.

In a posting in February, one group member complained about a photograph that appeared sadistic. "I posted that pic," responded Homeanon, who added that the "photographer would NEVER hurt this boy."

Voce, the Tacoma detective, said Young "may be telling the truth" about a longtime battle with sexual urges. Homeanon and the photographs appeared late last summer, Voce said. Young, he said, found solace in the pedophile newsgroups. "It's common that people like this will seek validation. And what better place to find it than among those with similar likes and dislikes?" he said.

Richard Packard, the president of the Washington state chapter of the Association for the Treatment of Sexual Abusers, reviewed some of Homeanon's writings. He said the use of religious language shows an attempt to create a moral justification for behavior Young knew to be wrong. "To me, it's indicative that there is a struggle and an awareness of the wrongfulness. His use of the term 'boylover' is a frequently used term among homosexual pedophiles to pasteurize their behavior, to turn it into something that's kinda nice," he said.

Efforts to treat offenders rise or fall on their willingness to abandon the religious moralization, Packard said.

DSHS spokeswoman Kathy Spears said the agency would not comment on Young's case or release records until the conclusion of police and DSHS investigations, which could take several weeks. Spears said DSHS does not have the manpower to monitor Internet activity in its 6,300 licensed foster homes.

Meanwhile, records show that Ronald Young's stepfather was involved in a child-molestation case in 1989. Harold Young pleaded guilty to two counts of child rape in Skagit County Superior Court and was sentenced to two years and 10 months in prison.

Police and prosecutors said Harold Young raped his two step-granddaughters (the children of Ronald Young's older sister) between January 1988 and January 1989, when the girls were 11 and 7 years old. At the time, Harold Young and his wife were managing the Skagit Valley Mobile Manor, a mobile-home park.

"He used his status as a grandfather and then scared my daughters with his threats if they told me or anyone else," the girls' mother wrote in a statement filed with the Skagit County prosecuting attorney in December 1989. "It has left a lasting effect on me and both my daughters. They will have to grow up with this haunting them, and I feel it will keep them from leading a normal adult life when it comes to marriage and children."

Roy Jamison, who has lived at the Mount Vernon mobile-home park for 17 years, said that he knew the Youngs and that Ronald took over as manager at the park for a couple of years after Harold was arrested.

Ronald Young's mother, who lives in Alabama, said her husband's case has "nothing to do with Ronald."

Seattle Times staff reporter Christine Willmsen contributed to this report. Mike Carter: 206-464-3706 or mcarter@seattletimes.com

 

Retrieved September 3, 2008 from http://community.seattletimes.nwsource.com/archive/?date=20040331&slug=foster31m

Child-Sex Case Jolts Family, Small Community

3/27/04. The Seattle Times

Tacoma - Ronald Harold Young, the Pierce County foster parent charged yesterday with 44 crimes of child pornography and rape involving six boys in his care, gave his family the impression that taking in broken children was his personal "ministry."

Young, 41, became "super-religious" about two years ago, said his 25-year-old niece, who only gave her first name as Bev. She said Young presented himself as "a good, God-fearing Christian of all things, super foster dad."

For most of his adult life, he told family members he was an atheist, said a woman who identified herself only as Young's sister and Bev's mother. One day, she said, "he started wearing a cross and preaching." Neither Young's sister nor his niece knew what caused the transformation. About that time, in July 2002, Young and his wife received a license to become foster parents.

Young said little yesterday before pleading not guilty in Pierce County Superior Court to child rape, molestation and sexual exploitation of a minor. He is being held on $2 million bail in the Pierce County Jail.

In charging papers, Pierce County prosecutors said that by September 2003, Young was engaging in sexual acts with the six boys, ages 5 to 7, taking hundreds of digital pictures and sending them all over the world via the Internet.

In fact, tips that sparked the investigation came from Europe and the United States. Investigators overseas found child pornography originating from the Tacoma area under the e-mail address fosterdad@hotmail.com. The e-mail address was connected to Young, who was arrested about 7:15 a.m. Thursday.

Young has had at least five other foster children who no longer lived at his home, and detectives are talking to them about whether they were victimized. Prosecutors said Young has contacted foster children after they've left his care.

The attorneys believe the boys, who lived with Young from December 2002 until three weeks ago, were molested. Young has no known criminal history. Pierce County sheriff's Detective Ed Troyer said investigators last night were trying to determine if Young previously went by a different name and had been charged or convicted of a sex crime under that name.


Young spent at least the past five years in Home, a sleepy community in northwest Pierce County in the middle of the Key Peninsula. Neighbors said Young raised two of his own boys. One is in the Air Force, and the other still lives in the area. Jane Coby, a cashier at the Home Country Store, recalled that Young came by about once a day to buy cereal and milk.

Young used to be a contractor, but recently, he was a full-time foster parent who did odd jobs. State officials say foster families are paid $366.31 to $514.95 per month for a child whose needs are average.

Linell Warnes, another cashier at the Home Country Store, said Young was "very nice, very quiet, very well-mannered. He was always correcting (his boys) firmly: 'No, you can only get one thing.' 'No, you don't behave like that.' "

Unrest in Home, court

But few people in Home had sympathy for Young yesterday. Many wished him harm or said he should die. Young's sister said his family "is not standing by him." "I don't want none of it, he's a sick bastard," she said. "What we have to say is he's very sick and we don't condone it." Young's niece, Bev, was so upset after the court hearing yesterday that she charged at Young's wife in the crowded hallway. Bev, who was restrained by her mother, accused Young's wife of wrongly supporting him.

retrieved September 3, 2008 from http://www.zoominfo.com/people/Young_Ronald_483770550.aspx

The Stranger

03/31/04. David Schmader. Index Newspapers, The Stranger (weekly column).

Speaking of sex crimes and cyberspace: Today brought some fascinating background to the case of Ronald Young, the 41-year-old Key Peninsula foster father charged last week with 30 counts of first-degree child rape, eight counts of sexual exploitation of a minor, and six counts of first-degree child molestation.

Today the Seattle Times reported on the spooky postings left by Ronald Young over the years on the Internet. Tacoma police have confirmed that Young used the name "Homeanon" to write of his battle with his sexual urges for children and to post photographs of sex acts between men and boys. According to the Times, Young's anguished testimonials took place primarily in newsgroups catering to Christian pedophiles, with "Homeanon" (detectives believe the pseudonym refers to Young's residence in Home, WA, and his desire to remain anonymous) detailing his "minute by minute" struggle with his urges, and characterizing himself as a "boylover that has devoted my life to boys and introducing the love of Christ to them." More disturbingly, "Homeanon" also posted dozens of pornographic photographs, many featuring Young's foster children, sometimes in settings so graphic they reportedly offended other pedophiles in the newsgroup.

Ronald Young remains in a Tacoma jail pending $2 million bail.

Retrieved September 3, 2008 from http://www.thestranger.com/seattle/Content?oid=17762

Child Abuse Tips Gain Priority for Tacoma and Seattle Police

07/10/08. Stacey Mulick. TheNewsTribune.com

Tacoma and Seattle police have started making changes in how they handle Internet child abuse tips after issues with their policies surfaced in a lawsuit involving eight boys whose foster father sexually abused and photographed them.

Allegations about how the departments handled the abuse tip were part of the lawsuit, whose $11 million settlement was announced Wednesday. On Tuesday, the Tacoma City Council approved payment of its portion of the settlement – $7.6 million.

Basically, the departments are strengthening their processes for tracking the tips they receive so they’re quickly reviewed and passed on to the appropriate agencies. Among the changes:

• Tacoma police now have a written policy on how tips on Internet child sex crimes are received, logged and assigned to a detective.

• Seattle police have a more efficient way to track when they send tips to other police agencies.

“We are very saddened for the victims and disappointed about our performance in this case and have taken every measure to avoid this from happening again,” Tacoma Police Chief Don Ramsdell said Wednesday. Tacoma police also are conducting an internal investigation of how detective Richard Voce handled the case, which was not begun for at least two months or as many as five after the department received the abuse tip.

Voce, a member of the computer crimes unit, remains on duty. He could not be reached for comment Wednesday, but in 2004 he told The News Tribune that his heavy caseload prevented him from investigating the tip sooner.It’s a “systemwide issue, and there are a lot of moving parts to it,” Ramsdell said. “It’s very complicated, and these cases are very complex.”

Photos Posted on the Internet

The lawsuit was brought on behalf of eight boys sexually abused and photographed in 2003 and 2004 by their foster father, Ronald Young, in his Key Peninsula home. Hundreds of photos were posted on the Internet. Young later was convicted and sentenced in the case.

In the lawsuit, attorneys for the boys, who were between 5 and 12 at the time, alleged Seattle and Tacoma police officers failed to follow state law by not reporting the suspected abuse to the state Department of Social and Health Services.

The suit also claimed that Tacoma police failed to act quickly on the tip. As the case sat untouched, the boys continued to be abused. Tacoma police “did act on it but did it very, very slowly,” said Jack Connelly, an attorney for the boys. “The problem with this case is everyone sat on it and nobody was acting very quickly.”

In addition to the $7.6 million Tacoma has agreed to pay to settle the suit, the City of Seattle will pay $1.9 million and the state $1.5 million. The state has paid $500,000 on behalf of Young’s wife, Wendy, who was accused of negligence for failing to be a proper foster parent.

A judge still must approve the settlement; no hearing has been scheduled.

Police Notified in 2003

The case began in September 2003 after the National Center for Missing and Exploited Children found sexually explicit photos that had been uploaded on the Internet by someone with a computer in the Tacoma area. The center told the Seattle Police Department’s Internet Crimes Against Children Task Force that the person who posted the photos used the names “fosterdad” and “homeanon.”

At the time, the Seattle task force was the clearinghouse for such tips in Alaska and Washington. The nine-member task force, created in 2001, passed tips to the appropriate law enforcement agencies for further investigation. In the Young case, Seattle police contended they sent the tip to Tacoma police in September 2003. Tacoma police said they received it in December 2003. No records confirm when it was sent and received.

Voce, who is assigned to a joint computer crimes unit with the Pierce County Sheriff’s Department, didn’t start investigating the tip until February 2004, after the National Center for Missing and Exploited Children contacted Tacoma police directly.

Investigators obtained search warrants and arrested Young, a state-licensed foster parent, in late March. The boys were removed from his home. Young later pleaded guilty to eight crimes related to the case. He was sentenced in April 2005 to 26 years in prison.

A lawsuit against the state on behalf of the victims was filed in 2005. Seattle and Tacoma were added in December 2006.

Policies Reviewed

After Tacoma was added to the lawsuit, the Police Department hired outside consultants to review its policies for handling the Internet crime tips and to make recommendations. “We didn’t have a clean process” for handling the tips, Ramsdell said Wednesday.

In March, Tacoma police commanders met with the consultants and, based on their input, put a new written policy in place. Under it:

• Internet tips are routed through a supervisor, who logs them, reviews them and assigns them to a detective.

• The supervisor also monitors the progress of the investigation.

• Both the detective and supervisor are responsible for alerting state social workers to possible child abuse allegations.

“We do that to ensure that nothing falls through the cracks and to ensure that these are the done way they should be,” Ramsdell said.

The Seattle Police Department and its Internet Crimes Against Children Task Force also has made changes. The task force now is a six-member team of Seattle police officers responsible for taking the tips and doling them out to agencies in Washington only. It now forwards tips using certified mail. “Our record keeping wasn’t what it should have been,” Seattle police spokesman Sean Whitcomb said.

The National Center for Missing and Exploited Children has developed software that tracks tips as they are forwarded to law enforcement agencies for investigation. Seattle police also plan to talk with the U.S. Department of Justice and the National Center for Missing and Exploited Children about whether any other steps need to be taken. They also will be meeting with state Department of Social and Health Services officials to “see if there are better ways for the agencies to communicate,” Whitcomb said.

Stacey Mulick: 253-597-8268. blogs.thenewstribune.com/crime

Retrieved September 3, 2008 from http://www.thenewstribune.com/331/v-lite/story/409021.html

Tacoma, Seattle Settle Foster Father Abuse Lawsuit

Tacoma -The cities of Tacoma and Seattle have agreed to settle a lawsuit over the sexual abuse of eight children in foster care for a total of $10.5 million. The cities were added as defendants to a lawsuit filed in 2005 in Pierce County Superior Court against the state Department of Social and Health Services.


The state agency was accused of failing to adequately screen Ronald Young before licensing him as a foster father and then of failing to properly monitor children in his custody. Young pleaded guilty in 2004 to multiple counts of child rape and sexual exploitation of a minor and was sentenced to more than 26 years in prison.

The Tacoma City Council on Tuesday approved a $7.6 million payment to settle the lawsuit. The remaining $2.9 million would come from Seattle. The settlement is subject to approval by a judge. Tacoma is paying the larger share because it had the greater exposure, City Attorney Elizabeth Pauli told The News Tribune newspaper.

Young's wife, Wendy Young, was added as a defendant at the same time as Tacoma and Seattle, and a $500,000 settlement in her case was reached in February, court records show. Wendy Young was accused of negligence for failing to provide proper foster parenting but not of participating in sexual abuse.

The state licensed the Youngs as foster caregivers in July 2002. They cared for 11 children until Ronald Young's arrest, and sheriff's officials said Young abused at least eight of the boys. At the time of his arrest, Young was staying home with the children while his wife worked as a baker in a grocery store.

Prosecutors said Young posted pornographic pictures of his foster children, ages 5 to 12, on the Internet. The photos were traced to Washington state in September 2003 by the National Center for Missing & Exploited Children, which notified Seattle police, Tacoma lawyer Jack Connelly said.

Investigators in Seattle were legally obligated to notify state Child Protective Services within 24 hours, Connelly said in 2006, but instead sent the information to police in Tacoma after determining that Young was from Pierce County .

Tacoma City Manager Eric Anderson said a police officer on duty at the time the information was received "failed to recognize the serious nature" of it, so the case was not immediately investigated. More than five months later, in early March 2004, Tacoma started a criminal investigation and Young was arrested on March 25, 2004. Anderson said Tacoma has improved its process for handling reports of sexual abuse, but a detailed investigation is continuing. "The lesson we have to learn is that we always have to be vigilant about children, and this underscores it," he said.

Information from: The News Tribune, http://www.thenewstribune.com

Retrieved September 3, 2008 from http://seattletimes.nwsource.com/html/localnews/2008041776_apwafostercareabuse1stldwritethru.html

Seattle Settles Foster Care Abuse Lawsuit

07/10/08. Associated Press

Tacoma – The cities of Tacoma and Seattle have agreed to settle a lawsuit over the sexual abuse of eight children in foster care for a total of $10.5 million.

The cities were added as defendants to a lawsuit filed in 2005 in Pierce County Superior Court against the state Department of Social and Health Services. The state agency was accused of failing to adequately screen Ronald Young before licensing him as a foster father and then of failing to properly monitor children in his custody.

Young pleaded guilty in 2004 to multiple counts of child rape and sexual exploitation of a minor and was sentenced to more than 26 years in prison.

The Tacoma City Council on Tuesday approved a $7.6 million payment to settle the lawsuit. Another $1.9 million would come from the city of Seattle and the remaining $1 million would come from the state of Washington. The settlement is subject to approval by a judge. Tacoma is paying the larger share because it had the greater exposure, City Attorney Elizabeth Pauli told the News Tribune newspaper.

Young's wife, Wendy Young, was added as a defendant at the same time as Tacoma and Seattle, and a $500,000 settlement in her case was reached in February, court records show. Wendy Young was accused of negligence for failing to provide proper foster parenting but not of participating in sexual abuse.

The state licensed the Youngs as foster caregivers in July 2002. They cared for 11 children until Ronald Young's arrest, and sheriff's officials said Young abused at least eight of the boys. At the time of his arrest, Young was staying home with the children while his wife worked as a baker in a grocery store.

Prosecutors said Young posted pornographic pictures of his foster children, ages 5 to 12, on the Internet. The photos were traced to Washington state in September 2003 by the National Center for Missing & Exploited Children, which notified Seattle police, Tacoma lawyer Jack Connelly said.

Investigators in Seattle were legally obligated to notify state Child Protective Services within 24 hours, Connelly said in 2006, but instead sent the information to police in Tacoma after determining that Young was from Pierce County.

Tacoma City Manager Eric Anderson said a police officer on duty at the time the information was received "failed to recognize the serious nature" of it, so the case was not immediately investigated.

Retrieved September 3, 2008 from http://www.spokesmanreview.com/local/story.asp?ID=252307

Father of Sex-Abuse Suspect was Abuser: State had no Sure Way to Know That About Accused Child Rapist

03/30/04. Jennifer Langston and Rugh Teichroeb. Seattle Post-Intelligencer Reporters.

Mount Vernon - The father of a man who now faces more than 30 counts of child rape involving foster sons in his care was himself a child rapist, according to court records.

Fifteen years ago, Harold Edgar Young pleaded guilty to second-degree child rape after two of his granddaughters accused him of sexual molestation, prompting residents of the mobile-home park he managed to draft a petition to keep him away. Court documents in the case also say Harold Young may have molested his own stepdaughters.

State child-welfare officials said yesterday that they could not discuss Harold Young's son, Ronald Harold Young, who was charged last week in Pierce County with raping his foster children. The case, they said, is under investigation. Nor would they say whether they knew about his father's conviction.

But it is clear that if child-welfare officials knew about the conviction before licensing Ronald Young as a foster parent, he, his wife or someone else close to the family would have had to tell them. The state does check the criminal background of prospective foster parents, but depends on those people to tell them about other parts of their lives that court checks wouldn't reveal. The state has no authority to delve into the criminal background of the families of prospective foster parents.

"If someone is going to be devious and deceitful, we don't have perfect safeguards," said Nancy Zahn, who oversees the licensing of foster homes and other children's facilities for the state Department of Social and Health Services.

DSHS officials said that such information as his father's conviction would not necessarily have ruled out Ronald Young as a foster parent, although it would have prompted more questions. "You can't make the assumption that the child of a sex offender will be a sex offender," Zahn said. What occurred was hardly a secret in the Young family.

The mother of the girls who Harold Young abused had little sympathy for her brother Ronald Young at his arraignment last week. He is accused of posting hundreds of pornographic images on the Internet of himself and six foster boys engaged in a range of sexual acts.

Ronald Young, a seemingly devout born-again Christian who was studying to be a minister, and his wife began caring for abused and neglected children in their rural Key Peninsula home in the summer of 2002.

The state expanded the family's license from three to six children last year. Prospective foster parents not only undergo criminal background checks but are also asked specific questions about their family histories, including whether they were abused as children and whether any relatives are sex offenders, Zahn said. "Certainly that isn't information that we'd just ignore," Zahn said.

An applicant who is related to a convicted sex offender might still be granted a foster care license on the condition that the relative not have any access to children placed in the home, Zahn said. During the screening process, prospective foster parents also provide three personal references. One of those three references can be a relative. Those references are asked about whether the applicant has any history of domestic violence or abuse. "People are usually very forthcoming if they have any concerns," said Paula Bentz, who also works in the licensing division.

DSHS can ask applicants to undergo a psychological evaluation, parenting evaluation or even a sexual-deviancy evaluation, Bentz said. An applicant who refuses can be denied a license. But there are also limits on what DSHS can uncover during the screening process. Applicants must give their permission for criminal background checks to be done, and such checks can't legally be run on relatives who don't live in the home, Zahn said. And the screening process depends to a large part on the honesty of the applicant, she said.

Identifying pedophiles is difficult, said Lucy Berliner, director of the Harborview Center for Sexual Assault and Traumatic Stress. "We're really lousy at it. We don't have a way to do it yet," Berliner said. But she hopes DSHS re-examines its screening process in light of this incident, including looking at whether relatives should routinely be interviewed.

In Harold Young's child rape case, court documents from 1989 do not mention any relationship with a son. But two of his grandchildren, ages 7 and 11, told police their grandfather would take off his clothes and molest them. The eldest grandchild said he warned her that if she ever told anyone, she wouldn't live to see her next birthday, according to court documents. The girls' mother and two aunts described similar abuse from their stepfather after he moved into their home, according to statements in the court record from the late 1980s.

In December 1989, Harold Young entered a guilty plea in Skagit County Superior Court, despite his insistence that he did nothing wrong and that he was the target of a vendetta against him. He was sentenced to 34 months in prison and was ordered to register as a sex offender.

Roy and Carolyn Jamison, who lived in the Skagit Valley Mobile Manor in Mount Vernon, were among those who signed a petition to keep Harold Young from coming back to the manufactured home park that he and his wife managed. Residents circulated the petition after Young was charged. They said Harold Young had a low tolerance for children, constantly yelling at them for riding bicycles in the street or for setting up badminton nets in their own yards.

"There were a lot of kids at the time," said Carolyn Jamison. "We didn't want him back -- after hearing that you didn't want anyone else's kids getting molested." Harold's wife and Ronald's mother said this weekend that she and her husband started a new life in Alabama seven years ago and wouldn't comment on any prior sexual abuse accusations in the family. "We're leading a new life here," she said. "It would crush (Ronald) if the whole family was dragged into the mess."

P-I reporters Jake Ellison and Jeffrey M. Barker contributed to this report. P-I reporter Jennifer Langston can be reached at 425-252-5235 or jenniferlangston@seattlepi.com

Retrieved September 3, 2008 from http://seattlepi.nwsource.com/local/166922_fosterfolo30.html

August 16, 2008

Photographer publishes questionable images of her children

Dr. Frank Kardasz, August 15, 2008

An Arizona newspaper recently printed a controversial article about a photographer who publicizes pictures of her own children posing nude.  The article included a chronology of dozens of nude images of the photographers’ pre-pubescent children ranging in age from less than one year to ten years.  The children were not posed in sexually suggestive positions and were not engaged in sex acts.  Although genitals were visible in the pictures, the specific focuses of the images were not zoomed on the child’s genitals.

The published images were probably not unlawful according to present United States Supreme Court standards.  The Court might consider the images to be lawful pictures of nudity or art.  The images probably did not violate the difficult-to-measure-and-enforce community obscenity standard.  The pictures might fall outside the legal definitions of images depicting the sexual exploitation of minors.  The photographer appears to be attempting to straddle the sometimes-confusing borderline between art and illegality, at the expense of her children.

While barely lawful, some would consider the nude pictures of children to be erotica.  Erotica includes lawful and non-pornographic items that may stimulate a sexual reaction from the viewer.

Those who would consider nude images of children to be sexually stimulating might include the ranks of pedophiles and others who are sexually attracted to pre-pubescent minors.  Anyone who considers sharing nude images of a child should consider that others may find their benign images sexually stimulating.

Those who consider photographing children nude and sharing the images should also know that doing so may make the children the targets of those who will enjoy the images for sexual masturbatory purposes.

The same persons who sexually enjoy the images may also try to befriend the children depicted and ingratiate themselves with the family for the predatory purpose of grooming the targeted children towards actual molestation.

Predators may pose as admiring "fans" of the young model. They may pose as professional photographers interested in advancing the modeling career of a young person: A young person who’s only protection from harm are the same star-hungry parents who send them to the photographer-predator.  This does not mean that all photographers are bad, only that parents must be vigilant.

Distributing and publishing erotic images of children also means that the pictures will likely be duplicated and distributed throughout cyberspace.  That means that once the children depicted are old enough to knowingly object to the pictures the images will already be irretrievable.  Once the child reaches middle school and is confronted with the pictures by crass adolescent peers who found the pictures on the Internet, the subsequent embarrassment will be irreversible.

Benign and innocent images may also be used for alteration or blending with other images for the purpose of creating pornography.  For example, innocent images of the famous child twin actresses Kate and Ashley Olsen have been duplicated, cropped, pasted and altered into sexual images for many years by deviants who enjoy the altered pictures for sexual self-gratification and who then trade them via the Internet.  Deviants often use software programs to cut the young faces from the Olsen twins and superimpose the images onto the nude or sexually active bodies of others so that the deviants can imagine having sex with the young girls.

It is also likely that the images will become part of someone’s larger collection that includes unlawful images depicting the sexual exploitation of minors.  For example, those who collect and enjoy unlawful images also sometimes collect lawful images of erotica and nudism.  Some go so far as to collect newspaper advertisements from retailers who sell children’s underwear or pajamas.  While there is nothing unlawful about images of children in pajamas, those who derive sexual gratification from such images might be considered by the psychology community as having pedophilic tendencies.

Unlawful images that depict the sexual exploitation of minors are often called child pornography.   Unlawful images of child pornography are different from lawful adult pornography.  Unlawful images should not be confused with lawful art, nudism, medical images or erotica.  The exact legal lines and definitions are often blurry and confusing to the average person.

The photographer who took nude pictures of her children under the legal umbrella protections of “art” should consider the wider ramifications of sharing the images.   Ramifications include the way in which others will perceive the images and the future possible uses of the images by persons with sexually deviant motives.  The barely-legal exploitation of children displayed in the newspaper article is disturbing.

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 More information about unlawful images

Unlawful images and videos that depict the sexual exploitation of minors are commonly called child pornography.  In most jurisdictions child pornography is a serious crime.  Why is child pornography a serious crime? Beyond sexual self-gratification, possessors and traffickers of unlawful images use the images for one or more reasons including (Child pornography, 1996):

  • To blackmail children into keeping silent about the abuse.
  • To preserve a child's youthful image at the age preferred by the pedophile.
  • To establish trust and camaraderie with other pedophiles.
  • To gain access to other markets and children by exchanging material with other pedophiles.
  • To duplicate, produce and sell for profit.
  • To reassure themselves that their deviant behavior is shared by others and therefore not abnormal.
  • To seduce children and lower the child's inhibitions as part of the grooming process intended to model deviant sexual behavior.

Danger

Are the possessors of unlawful images dangerous? Is someone who looks at pictures a threat to offend against a child? Recent research (Hernandez, 2006) suggests that there may be a correlation between those who possess child pornography and those who are also "hands-on" contact offenders.  One surprising study of federal prisoners indicated that 85% of those in custody for possession of child pornography were also"hands-on" molesters whose contact offenses had never been discovered.

Other professionals agree that there is a danger that possessors of unlawful images depicting the sexual exploitation of minors could escalate and eventually offend against real children.  Dr.  Chris Hatcher, (1997) Professor of Psychology at the University of California said, "It begins with fantasy, moves to gratification through pornography, then voyeurism, and finally, to contact."

Former FBI profiler John Douglas (Mindhunter, 1995, p.  108) described the relationship between pornographic images and sex offenders.  He said, "With most sexually based killers, it is a several-step escalation from the fantasy to the reality, often fueled by pornography, morbid experimentation on animals, and cruelty to peers."

Some possessors of unlawful images use the contraband as a "unique solution" to their pedophilic preferences.  They rationalize that sexually gratifying themselves after viewing images is a justifiable alternative to committing "hands on" contact offenses against actual children.

Victims

What about the effect of child pornography on the victims? Are there any lingering problems for children who are the subject of abuse? Researchers found that the effects of unlawful images on child victims are often devastating.  According to Klain, Davies and Hicks (Child pornography, March 2001, p.10) child sex abuse victims suffer a multitude of physical and psychological problems.

The innocent victims of child pornography sometimes suffer a lifetime of psychological anguish and torment wondering when where and how their tortured images will re-surface.  Those who traffic in, possess and derive gratification from child pornography perpetuate the anguish.  Some argue that each image tacitly re-victimizes the child whenever the image is viewed.  Many victims of child pornography will never disclose their victimization to anyone.  They suffer in silent, haunted purgatory.  As adults, many do not wish to relive past abuse.

What is child pornography?

Child pornography depicts the sexual exploitation of minors.  It does not include child erotica. 

It does not include nudism and it does not include "baby in the bathtub" images.  Unlawful images are contraband.  They are the only form of contraband that is introduced into the human psyche through  the sense of sight.  Because unlawful images are now often produced in video form, the images are often accompanied by the sounds of children suffering.

What are some of the differences between lawful and unlawful images?

A California court offered some insight into the differences between lawful nudism and unlawful images depicting the sexual exploitation of minors.   An instructive set of guidelines for determining the differences was provided in the case of United States v.  Dost, 636 F.  Supp.  828, 830-32 (S.D. Cal. 1986).

The Dost factors give a more defined test for determining whether a visual depiction of a minor is a "lascivious exhibition of the genitals or pubic area".

The Dost factors include the following guidelines:

  1. whether the focal point of the visual depiction is on the child's genitalia or pubic area;
  2. whether the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity;
  3. whether the child is depicted in an unnatural pose, or in inappropriate attire, considering the age of the child;
  4. whether the child is fully or partially clothed, or nude;
  5. whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity;
  6. whether the visual depiction is intended or designed to elicit a sexual response in the viewer.

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A case study

In 2003, former Arizona high school teacher Morton Berger was convicted on 20 counts of possession of child pornography and sentenced to 200 years prison.  He appealed the sentence based on arguments of equal protection under the law and cruel and unusual punishment.  In December 2004, the conviction was affirmed by two of the three judges of the Arizona Court of Appeals (State of Arizona, 2004, December 14).

Judges Susan Ehrlich and Philip Hall dismissed Berger's appeal with arguments including (citations omitted):

* It is evident beyond the need for elaboration that a State's interest in safeguarding the physical and psychological well-being of a minor is compelling.

*...the victimization of a child continues when that act is memorialized in an image.  The materials produced are a permanent record of the children's participation and the harm to the child is exacerbated by their circulation.  Unfortunately, the victimization of the children involved does not end when the pornographer's camera is put away.

* The legislative judgment…is that the use of children as subjects of pornographic materials is harmful to the physiological, emotional, and mental health of the child.

* …the possession of child pornography drives that industry and…the production of child pornography will decrease if those who possess the product are punished equally with those who produce it.

* …it (the law) will decrease the production of child pornography if it penalizes those who possess and view the product, thereby decreasing demand.

* …the possession of child pornography inflames the desires of child molesters, pedophiles and child pornographers.  The State has more than a passing interest in forestalling the damage caused by child pornography: preventing harm to children is, without cavil, one of its most important interests.

* …we cannot fault the State for attempting to stamp out this vice at all levels in the distribution chain.

* Berger downloaded images from the Internet, and every time he visited a website, he demonstrated to the producers and sellers of child pornography that there was a demand for their product.  Berger's demand served to drive the industry; there need not have been a direct monetary exchange.  Berger maintains also that, because his possession of the pornographic images was passive and because he did not use threats or violence in the commission of his crimes, his sentence is grossly disproportionate.  This logic is abstruse.  As was described by this court in Hazlett, 205 Ariz.  at 527 p.  11, 73 P.  3d at 1262, and as is evident from the violent pornographic images in this case, child pornography is a form of child abuse.  The materials produced are a permanent record of the children's participation and the harm to the child is exacerbated by their circulation.

The U.S. Supreme Court denied Bergers next request for an appeal.  His 200 year prison sentence was upheld.  Berger is scheduled for release from the Arizona Department of Corrections in 2157.

Law enforcement

Disturbing unlawful videos of the sexual abuse of minors are often accompanied by the horrible audio sounds of suffering young victims.  The typical offender arrested by the Arizona ICAC Task Force possesses dozens and often hundreds of unlawful images and videos.  As law enforcement officers, once we overcome the sickening shock of witnessing the brutal recorded acts of terrible sexual violence we are left with a tenacious resolve to bring offenders to justice.

Conclusion

Contraband images and videos depicting the sexual exploitation of minors are serious crimes.  Offenders use the images for many disturbing reasons.  The victims of child pornography deserve to be protected from their torturers and from those who enjoy witnessing the torture.  Law enforcement efforts to stop unlawful images must continue.

References

Child pornography and pedophilia: Report made by the Permanent Subcommittee on Investigations of the Committee on Governmental Affairs, United States Senate. (1986). 99th Congress, Second session. Washington : U.S. G.P.O.1986. iii. 54: 24 cm.

Douglas , J. and Olshaker, M. (1995). Mindhunter: Inside the FBI's elite serial crime unit, New York : Pocket Books.

Hatcher, C. (1997, October). Cited in: Armagh , D. A. Safety net for the Internet: Protecting our children. Juvenile Justice Journal (on-line) Volume V, Number 1, May 1998. Retrieved March 15, 2003. From http://ojjdp.ncjrs.org/jjjournal/jjjournal598/net.html

Hernandez, A. E. (2006, September 26). Statement of Andres E.  Hernandez before the Subcommittee on Oversight and Investigations, Committee on Energy and Commerce.  U.S.  House of Representatives.

Retrieved October 20, 2007, from http://www.projectsafechildhood.gov/HernandezTestimonyCongress.pdf

Klain, E.J., Davies, H.J., & Hicks, M.A., (2001, March). Child Pornography: The criminal justice system response, American Bar Association Center on Children and the Law for the National Center for Missing and Exploited Children. Retrieved October 20, 2007, from http://www.missingkids. com/en_US/publications/NC81.pdf

State of Arizona Division One Court of Appeals.  (2004, December 14). Appeal from the Superior Court in Maricopa County.  1 CA-CR 03-0243. Retrieved October 20, 2007, from http://www.cofad1.state.az.us/opinionfiles/CR/CR030243.pdf/CR/CR030243.pdf

August 13, 2008

The law enforcement victims of unlawful images: Draft victim impact statement

Dr. Frank Kardasz, August 14, 2008

Law enforcement personnel whose duties obligate them to view unlawful images have a sad duty. Seeing images and videos that depict the exploitation of minors is a disturbing task. Observing minors being brutally assaulted and hearing their cries creates psychological victimization for those who must review the images and gather or present evidence towards the arrest and prosecution of offenders.

As caring humans, investigators and prosecutors have a natural affinity and empathy for young victims. The empathy and affinity for minors is so profound that many in law enforcement are psychologically unable to accept assignments that routinely deal with the victimization of children.

Unlike other forms of contraband, unlawful images are the only type of banned substance introduced to the human psyche through the perceptions of sight and sound. Although the victims who suffer most are the children who endure the "hands-on" contact offenses, proximate victims of unlawful images also include those who view the images and hear the sounds of suffering. Investigators and prosecutors become psychological victims. Particularly disturbing are the video images that are accompanied by the audio pleas of child victims.

Federal law and many state laws now have victims’ rights provisions. The laws permit victims to describe the effect of crime to the court using a victim impact statement. Depending upon the rules in the jurisdiction, the statement may be provided during pre-sentence oral testimony or in written text.

Below is a draft victim impact statement that I wrote in my capacity as a law enforcement supervisor assigned to review unlawful images during the course of ICAC investigations. My situation is not unique. My investigative experiences are shared by many others in the law enforcement community. The following information may be useful to others who can employ the information as a basis for similar victim impact statements. The information may also be useful in educating the judiciary about the impact of unlawful images.
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Victim impact statement of Frank Kardasz

Your Honor,

Pursuant to the Federal Law (18 U.S.C. § 3771), a victim is described as any person directly or proximately harmed as a result of the commission of a federal offense. Arizona law (A.R.S. 13-4401.19) describes a victim as a person against whom the criminal offense has been committed. I am writing this statement to you for the purpose of sharing my story of proximate victimization. I do not wish to invoke any other legal rights enumerated in the victims rights act. I only wish to submit this statement to the court for consideration.

My name is Frank Kardasz. In the course of my employment as a law enforcement officer and during this investigation it was my sad duty to view the images depicting the sexual exploitation of minors that are the subjects of the present case. Seeing the disturbing images of children being sexually abused caused me despair. Knowing that the defendant received sexual gratification from viewing the images is
particularly abhorrent to me.

Thinking about the images is emotionally troubling. When I consider the abuse that the victims in the images suffered I am deeply affected. I am simultaneously aware that my level of victimization is minimal compared to that of the child who was depicted in the images. Although I am troubled, my worst day in law enforcement is still exponentially better than the day that the child victims in this case were abused, photographed and recorded for the deviant sexual enjoyment of the defendant.

Because I am a law enforcement officer, most people would not consider me a victim in the classic sense. I am a dutiful and humble member of the State in the case of the State versus the defendant. I hope that you will not consider me less of a victim because of my job. I was not physically assaulted and I did not suffer property loss. I was not personally sexually abused. But as you are aware, you Honor, exposure to unlawful images is different. Images are the only kind of contraband that enter the human body through the sense of sight. Unlike other kinds of crimes, psychological victimization from viewing images happens to anyone who sees the images. My victimization was emotional. My memory now retains recollections of horrors that no ones mind should possess.

I am disturbed too because I am aware of troubling research about possessors of unlawful images. According to a Congressional report (Child pornography, 1986) possessors and traffickers of unlawful images use them for one or more reasons including:
  • To blackmail children into keeping silent about the abuse.
  • To preserve a child's youthful image at the age preferred by the pedophile.
  • To establish trust and camaraderie with other pedophiles.
  • To gain access to other markets and children by exchanging material with other pedophiles.
  • To duplicate, produce and sell for profit.
  • To reassure themselves that their deviant behavior is shared by others and therefore, not abnormal.
  • To seduce children and lower the child's inhibitions as part of the grooming process intended
  • tomodel deviant sexual behavior.

I am also troubled because my training and experience suggests that possessors of unlawful images are sometimes also dangerous on a physical level. Recent research (Hernandez, 2006) suggests that there may be a correlation between those who possess child pornography and those who are also “hands-on” contact offenders. Surprising studies of federal prisoners indicated that 85% of those in custody for possession of unlawful images were also “hands-on” molesters whose contact offenses had never been discovered.

It disturbs me to know that other professionals agree that there exists a danger that possessors of unlawful images could escalate and that possessors could eventually offend against real children. Dr. Chris Hatcher, (1997) Professor of Psychology at the University of California said, "It begins with fantasy, moves to gratification through pornography, then voyeurism, and finally, to contact." Former FBI profiler John Douglas (Mindhunter, 1995, p. 108) described a relationship between pornographic images and sex offenders. He said, "With most sexually based killers, it is a several-step escalation from the fantasy to the reality, often fueled by pornography, morbid experimentation on animals, and cruelty to peers."

The ramifications of unlawful images was succinctly described in the case of Arizona v. Berger. In 2003, former Arizona high school teacher Morton Berger was convicted on 20 counts of possession of child pornography and sentenced to 200 years prison. He appealed the sentence based on arguments of equal protection under the law and cruel and unusual punishment. In December 2004, the conviction
was affirmed by the Arizona Court of Appeals (State of Arizona, 2004, December 14).

Arizona Judges Susan Ehrlich and Philip Hall dismissed Berger's appeal with opinions that have also been similarly reflected in previous US Supreme Court rulings. The AZ Appellate Court opinions included the following excerpts (citations omitted):

  • It is evident beyond the need for elaboration that a State's interest in safeguarding the physical and psychological well-being of a minor is compelling.
  • …the victimization of a child continues when that act is memorialized in an image. The materials produced are a permanent record of the children's participation and the harm to the child is exacerbated by their circulation. Unfortunately, the victimization of the children involved does not end when the pornographer's camera is put away.
  • The legislative judgment…is that the use of children as subjects of pornographic materials is harmful to the physiological, emotional, and mental health of the child.
  • …the possession of child pornography drives that industry and…the production of child pornography will decrease if those who possess the product are punished equally with those who produce it.
  • ...it (the law) will decrease the production of child pornography if it penalizes those who possess and view the product, thereby decreasing demand.
  • …the possession of child pornography inflames the desires of child molesters, pedophiles and child pornographers. The State has more than a passing interest in forestalling the damage caused by child pornography: preventing harm to children is, without cavil, one of its most important interests.
  • …we cannot fault the State for attempting to stamp out this vice at all levels in the distribution chain.
  • Berger downloaded images from the Internet, and every time he visited a website, he demonstrated to the producers and sellers of child pornography that there was a demand for their product. Berger's demand served to drive the industry; there need not have been a direct monetary exchange. Berger maintains also that because his possession of the pornographic images was passive and because he did not use threats or violence in the commission of his crimes, his sentence is grossly disproportionate. This logic is abstruse. As was described by this court in Hazlett, 205 Ariz. at 527 p. 11, 73 P. 3d at 1262, and as is evident from the violent pornographic images in this case, child pornography is a form of child abuse. The materials produced are a permanent record of the children's participation and the harm to the child is exacerbated by their circulation.

Please consider that the imaged victims who were the subject of the defendants’ sexual fantasies are unable to provide you with a victim impact statement. Try to imagine what they would say if they could appear before you in court. I know from my training and experience that some victims of child pornography suffer a lifetime of misery wondering when and where their images will reappear on the Internet. Researchers found that the effects of unlawful images on child victims are often devastating. According to Klain, Davies and Hicks (Child pornography, March 2001, p. 10) child sex abuse victims suffer a multitude of physical and psychological problems.

I am disquieted to know from my training and experience that some offenders are adept at creating public personas’ as trustworthy and demure persons while they are privately sexually deviant predators. Offenders sometimes practice techniques enabling them to thwart polygraph and penile plesmograph tests. They often feign religious transformations and plead for mercy from the court while privately
mocking the justice system and re-offending.

Your Honor, if you viewed the images in this case you may share my feelings and you may also have empathy for the victims. While I am anguished, I am also fortunate because unlike the victims depicted in the images, I am able to obtain counseling for my woes and I can use stress management techniques for my problems. I can turn my sadness into a strengthened resolve to continue to bring offenders to you for justice.

In the interest of protecting the public, I request that you impose the longest possible period of incarceration in this case along with lifetime probation and lifetime sex offender registration status for the defendant. In my humble opinion, a long period of incarceration is the best way to prevent the offender from victimizing others.

Thank you for considering my statement.

Kindest regards,

Frank Kardasz

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References

Child pornography and pedophilia: Report made by the Permanent Subcommittee on Investigations of the Committee on Governmental Affairs, United States Senate. (1986). 99th Congress, Second session. Washington: U.S. G.P.O.1986. iii. 54: 24 cm.

Douglas, J. and Olshaker, M. (1995). Mindhunter: Inside the FBI's elite serial crime unit, New York: Pocket Books.

Hatcher, C. (1997, October). Cited in: Armagh, D. A. Safety net for the Internet: Protecting our children. Juvenile Justice Journal (on-line) Volume V, Number 1, May 1998. Retrieved March 15, 2003. From http://ojjdp.ncjrs.org/jjjournal/jjjournal598/net.html

Hernandez, A. E. (2006, September 26). Statement of Andres E. Hernandez before the Subcommittee on Oversight and Investigations, Committee on Energy and Commerce. U.S. House of Representatives. Retrieved October 20, 2007, from http://www.projectsafechildhood.gov/HernandezTestimonyCongress.pdf

Klain, E.J., Davies, H.J., & Hicks, M.A., (2001, March). Child Pornography: The criminal justice system response, American Bar Association Center on Children and the Law for the National Center for Missing and Exploited Children. Retrieved October 20, 2007, from http://www.missingkids.com/en_US/publications/NC81.pdf

State of Arizona Division One Court of Appeals. (2004, December 14). Appeal from the Superior Court in Maricopa County. 1 CA-CR 03-0243. Retrieved October 20, 2007, from http://www.cofad1.state.az. us/opinionfiles/CR/CR030243.pdf

May 17, 2008

Supporting the Combating Child Exploitation Act of 2007

Supporting the Combating Child Exploitation Act of 2007

Dr. Frank Kardasz, May 17, 2008

The Combating Child Exploitation Act of 2007 will provide funding to fight Internet sex offenders in areas where support is desperately needed.  Historically, the success of the DOJ, OJP, ICAC Task Force program was due in part to the abilities of personnel at the local, state and federal levels to overcome egoism, empire-building, and jealousy in order to organize and cooperate towards the common goal of apprehending deviant offenders.  Since the programs' inception, some quietly dedicated and talented people who possess steadfast resolve to protect children have done some amazing work, mostly in the shadows of cyberspace and largely unnoticed by the community. Administrators at the Office of Juvenile Justice and Delinquency Prevention played an important role in these efforts.

My thoughts about the Combating Child Exploitation Act of 2007 are mixed.  It represents bright hope towards progress in our difficult endeavors against clandestine cyber-sex enemies, foreign and domestic.  If implemented, the Act will seek justice for those invisible child and teen victims who are marginalized; who have no political voice and who are unrecognized by traditional community based policing efforts.  The addition of more federal agents dedicated specifically to this battle is sorely needed.  Increased funding to the local ICAC Task Forces nationwide promises to permit more personnel, training and equipment to our understaffed, under trained and under equipped colleagues.

When the US Attorneys Office created Project Safe Childhood  a couple years ago, I was pleased to see that added attention was being given to the problem of Internet crimes against children. The predictable result of the increased attention included some inter agency jockeying, bruised feelings, and political maneuvering - that happens at every level of government. After the fallout, the law enforcement soldiers in this battle will regroup and press forward.

The fine work of local, state and federal law enforcement over the past ten years has resulted in enough attention being drawn to the subject that serious consideration is finally being given to horrible cybercrimes involving children. Although our numbers and resources are still far fewer that those of the criminals, the present initiative, the Combating Child Exploitation Act (S.1738), offers our best hope to date of progressing from the stone-age to the horse-drawn-carriage age of cybercrime enforcement.

Assuming that the bill passes the house and is approved, I hope that whoever is chosen as special counsel will be a non-partisan supporter of local, state and federal efforts. The position requires a person of high character and determined resolve.  The appointee should transcend political ladder-climbing ambitions and be someone deeply rooted in law enforcement.  The appointee should remember that although the power-base will be Washington DC, some of the most effective law enforcement efforts are still being made at the state and local levels nationwide.

It is important to remember that federal law does not grant enforcement responsibility for "hands-on" contact sex offenses to federal agents unless there is some interstate nexus.  Because many cyber criminals are also contact offenders the investigations must often be worked cooperatively between federal agents and local law enforcement.  The important local, state and federal partnerships established through the DOJ OJJDP ICAC Task Force Program must continue.

I support the initiative and hope that it passes.

see also : http://kardasz.org/blog/2008/04/investigating_internet_crimes_2.html

Information about the Child Exploitation Act of 2007: http://www.govtrack.us/congress/bill.xpd?tab=main&bill=s110-1738

April 26, 2008

Explanation of Unlawful Images

Dr. Frank Kardasz - revised April 26, 2008

Unlawful images and videos that depict the sexual exploitation of minors are commonly called child pornography. In most jurisdictions child pornography is considered to be a serious crime. Why is child pornography a serious crime? Beyond sexual self-gratification, possessors and traffickers of unlawful images use the images for one or more reasons including (Child pornography, 1986):
  • To blackmail children into keeping silent about the abuse.
  • To preserve a child's youthful image at the age preferred by the pedophile.
  • To establish trust and camaraderie with other pedophiles.
  • To gain access to other markets and children by exchanging material with other pedophiles.
  • To duplicate, produce and sell for profit.
  • To reassure themselves that their deviant behavior is shared by others and therefore not abnormal.
  • To seduce children and lower the child's inhibitions as part of the grooming process intended to model deviant sexual behavior.

Danger

Are the possessors of unlawful images dangerous? Is someone who looks at pictures a threat to offend against a child? Recent research (Hernandez, 2006) suggests that there may be a correlation between those who possess child pornography and those who are also “hands-on” contact offenders. One surprising study of federal prisoners indicated that 85% of those in custody for possession of child pornography were also“hands-on” molesters whose contact offenses had never been discovered.

Other professionals agree that there is a danger that possessors of unlawful images depicting the sexual exploitation of minors could escalate and eventually offend against real children. Dr. Chris Hatcher, (1997) Professor of Psychology at the University of California said, "It begins with fantasy, moves to gratification through pornography, then voyeurism, and finally, to contact." Former FBI profiler John Douglas (Mindhunter, 1995, p. 108) described the relationship between pornographic images and sex offenders. He said, "With most sexually based killers, it is a several-step escalation from the fantasy to the reality, often fueled by pornography, morbid experimentation on animals, and cruelty to peers."

Some possessors of unlawful images use the contraband as a "unique solution" to their pedophilic preferences. They rationalize that sexually gratifying themselves after viewing images is a justifiable alternative to committing "hands on" contact offenses against actual children.

Victims

What about the effect of child pornography on the victims? Are there any lingering problems for children who are the subject of abuse? Researchers found that the effects of unlawful images on child victims are often devastating. According to Klain, Davies and Hicks (Child pornography, March 2001, p.10) child sex abuse victims suffer a multitude of physical and psychological problems.

The innocent victims of child pornography sometimes suffer a lifetime of psychological anguish and torment wondering when where and how their tortured images will re-surface. Those who traffic in, possess and derive gratification from child pornography perpetuate the anguish. Some argue that each image tacitly re-victimizes the child whenever the image is viewed. Many victims of child pornography will never disclose their victimization to anyone. They suffer in silent, haunted purgatory. As adults, many do not wish to relive past abuse.

What is child pornography?

Child pornography depicts the graphic sexual exploitation of minors. It does not include child erotica. It does not include nudism and it does not include “baby in the bathtub” images. Unlawful images are contraband. They are the only form of contraband that is introduced into the human psyche through the sense of sight.

A case study

In 2003, former Arizona high school teacher Morton Berger was convicted on 20 counts of possession of child pornography and sentenced to 200 years prison. He appealed the sentence based on arguments of equal protection under the law and cruel and unusual punishment. In December 2004, the conviction was affirmed by two of the three judges of the Arizona Court of Appeals (State of Arizona, 2004, December 14).

Judges Susan Ehrlich and Philip Hall dismissed Berger's appeal with arguments including (citations omitted):

  • It is evident beyond the need for elaboration that a State's interest in safeguarding the physical and psychological well-being of a minor is compelling.
  • ...the victimization of a child continues when that act is memorialized in an image. The materials produced are a permanent record of the children's participation and the harm to the child is exacerbated by their circulation. Unfortunately, the victimization of the children involved does not end when the pornographer's camera is put away.
  • The legislative judgment…is that the use of children as subjects of pornographic materials is harmful to the physiological, emotional, and mental health of the child.
  • …the possession of child pornography drives that industry and…the production of child pornography will decrease if those who possess the product are punished equally with those who produce it.
  • …it (the law) will decrease the production of child pornography if it penalizes those who possess and view the product, thereby decreasing demand.
  • …the possession of child pornography inflames the desires of child molesters, pedophiles and child pornographers. The State has more than a passing interest in forestalling the damage caused by child pornography: preventing harm to children is, without cavil, one of its most important interests.
  • …we cannot fault the State for attempting to stamp out this vice at all levels in the distribution chain.
  • Berger downloaded images from the Internet, and every time he visited a website, he demonstrated to the producers and sellers of child pornography that there was a demand for their product. Berger's demand served to drive the industry; there need not have been a direct monetary exchange. Berger maintains also that, because his possession of the pornographic images was passive and because he did not use threats or violence in the commission of his crimes, his sentence is grossly disproportionate. This logic is abstruse. As was described by this court in Hazlett, 205 Ariz. at 527 p. 11, 73 P. 3d at 1262, and as is evident from the violent pornographic images in this case, child pornography is a form of child abuse. The materials produced are a permanent record of the children's participation and the harm to the child is exacerbated by their circulation.


The U.S. Supreme court denied Morton Bergers next request for an appeal. His 200 year prison sentence was upheld. Berger is scheduled for release from the Arizona Department of Corrections in 2157.

Law enforcement

Disturbing unlawful videos of the sexual abuse of minors are often accompanied by the horrible audio sounds of suffering young victims. The typical offender arrested by the Arizona ICAC Task Force possesses dozens and often hundreds of unlawful images and videos. As law enforcement officers, once we overcome the sickening shock of witnessing the brutal recorded acts of terrible sexual violence we are left with a tenacious resolve to bring offenders to justice. Efforts to eradicate the contraband images and videos depicting the sexual suffering of minors must continue and offenders must be brought to justice.

Conclusion

Contraband images and videos depicting the sexual exploitation of minors are serious crimes. Offenders use the images for many disturbing reasons. The victims of child pornography deserve to be protected from their torturers and from those who enjoy witnessing the torture. Law enforcement efforts to stop unlawful images must continue.

References

Child pornography and pedophilia: Report made by the Permanent Subcommittee on Investigations of the Committee on Governmental Affairs, United States Senate. (1986). 99th Congress, Second session. Washington: U.S. G.P.O.1986. iii. 54: 24 cm.

Douglas, J. and Olshaker, M. (1995). Mindhunter: Inside the FBI's elite serial crime unit, New York: Pocket Books.

Hatcher, C. (1997, October). Cited in: Armagh, D. A. Safety net for the Internet: Protecting our children. Juvenile Justice Journal (on-line) Volume V, Number 1, May 1998. Retrieved March 15, 2003. From http://ojjdp.ncjrs.org/jjjournal/jjjournal598/net.html

Hernandez, A. E. (2006, September 26). Statement of Andres E. Hernandez before the Subcommittee on Oversight and Investigations, Committee on Energy and Commerce. U.S. House of Representatives. Retrieved October 20, 2007, from http://www.projectsafechildhood.gov/HernandezTestimonyCongress.pdf

Klain, E.J., Davies, H.J., & Hicks, M.A., (2001, March). Child Pornography: The criminal justice system response, American Bar Association Center on Children and the Law for the National Center for Missing and
Exploited Children. Retrieved October 20, 2007, from http://www.missingkids. com/en_US/publications/NC81.pdf

State of Arizona Division One Court of Appeals. (2004, December 14). Appeal from the Superior Court inMaricopa County. 1 CA-CR 03-0243. Retrieved October 20, 2007, from http://www.cofad1.state.az.us/opinionfiles/CR/CR030243.pdf/CR/CR030243.pdf

April 19, 2008

Investigating Internet crimes against children: Seeking a new law enforcement paradigm

Dr. Frank Kardasz

Originally written: April 14, 2008, Revised: August 22, 2008

Abstract

For the first time in history, law enforcement officers in the 21st century possess proactive methods to identify and bring to justice those who sexually abuse minors. In years past, law enforcement had to wait for reports of child abuse before investigations could begin. But today, using innovative undercover techniques and the Internet, investigators can proactively seek out and apprehend offenders.  Although this is one of the greatest advancements in the history of the enforcement of crimes against children, investigators still cannot take full advantage of the innovations. This work explores some of the stakeholders in the cyber-struggle and the troubling reasons that more resources are not devoted to the growing problem. The paper explores legal, systemic, societal and psychological hurdles related to Internet crimes against children and suggests a new law enforcement paradigm that better recognizes such crimes.

Introduction

The Internet opened an uninhibited world of wild digital wonder to our generation. Cyberspace offers terrific opportunities for education, commerce, entertainment and information exchange. Sadly, a troubling dark side to the World Wide Web exists where improved law enforcement efforts are needed. The quiet collision of young people and sex offenders on the Internet has resulted in a desperate but sometimes purposefully ignored cyber-struggle for the protection of children. Those who abuse minors make extensive use of computers and the Internet. Better law enforcement is urgently needed. Law enforcement officers in the 21st century possess proactive undercover methods to identify and bring to justice those who sexually abuse minors. In the past, police had wait for reports of child abuse before investigations could begin. But today, using undercover techniques and the Internet, investigators can seek out and identify abusers. Although these are the greatest advancements in the history of crimes against children, law enforcement still cannot take full advantage of the innovations.

Proactive undercover methods can identify those who lure and entice minors towards sexual abuse. Undercover officers posing as minors have been very successful in identifying hundreds of offenders who have also committed contact “hands-on” offenses against real victims (Kardasz, April 25, 2008). Investigative operations can also identify those who traffic images and videos depicting the sexual exploitation of minors. Possessors of unlawful images are also often found to also be “hands-on” contact abusers. Surprising studies of incarcerated federal prisoners by Hernandez and Bourke (November 2000) indicated that a significant number of possessors of unlawful images were also contact offenders. Sophisticated investigative methods exist that can identify possessors of unlawful images (Koch, April 15, 2008, Software tracks child porn traffickers online). Increased investigative efforts into unlawful images will also result in an increase in the identification of molesters.

This work explores some of the stakeholders in the cyber-struggle and the troubling reasons that more resources are not devoted to the problem. The paper explores legal, systemic, societal and psychological hurdles related to Internet crimes against children and suggests a new law enforcement paradigm that better recognizes such crimes.

Constitutional Conflicts

The Commerce Clause of the US Constitution (Article I, Section 8, and Clause 3) has been interpreted as giving some authority over the Internet to Congress. Legislators are understandably reticent to tread on the First Amendment freedoms provided by the Internet. Efforts to safeguard cyberspace are sometimes perceived as costly by the business community and draconian “snooping” by free-speech advocates (McCullagh, April 14, 2006). At risk are the under-represented Fourteenth Amendment due process rights of children who have no socioeconomic power.

Those who assert Constitutional protections should review the words of Thomas Jefferson. Perhaps in anticipation of the Internet, he wrote (July 10, 1810),

I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.

Jefferson refers to the discovery of “new truths.” One of the new truths discovered in the exploration of cyberspace is that the Internet is a conduit of both good and evil. Jefferson may have opined that constitutionally protected rights to free expression are in question when they permit the rights of children to be horribly violated. Perhaps the free expression rights that protect offenders require review and controls. Progressive human minds invented computers and the Internet. Deviant human minds invented ways to misuse cyberspace. A middle ground favoring public safety must be found.

It is unlikely that the legal quagmire of conflicting rights will be resolved anytime soon. Until effective safeguards are in place, minors who become victims of Internet sex offenders are not receiving the equal protection and due processes guaranteed under the Fourteenth Amendment of the Constitution. More work is needed to resolve these constitutional conflicts.

Unlawful Images

Internet crimes involving unlawful images of the sexual abuse of children are now widespread and the number of images and videos available via cyberspace is probably incalculable. A Congressional study in 2006 identified several key factors that contributed to the proliferation of child pornography on the Internet.  First, and perhaps most problematic according to the study, is the sheer number of child abuse images on the Internet. United States law enforcement sources estimated approximately 3.5 million known child pornography images online (U.S. House of Representatives, January 2007).

The exact number of child pornography web sites is also difficult to determine. In the year 2001, the National Center for Missing and Exploited Children's CyberTipline received more than 24,400 reports of child pornography. Five years later, at the beginning of 2006, that number had climbed to more than 340,000. (National Center, March 15, 2006).

In 2008, during a 30 day period in February and March, offenders in Arizona were observed using one small avenue of the Internet to traffic 15,220 unlawful images (Kardasz, March 25, 2008).  The Internet has fueled a tremendous and immeasurable increase in the amount of child pornography being produced, trafficked and possessed worldwide.

Luring and Enticement

Curious and unsuspecting adolescents visit the Internet each day seeking friendship and information but sometimes instead encounter sexual deviance and menacing predators.  One study showed that one in seven youngsters received unwanted sexual solicitations and that 4% received aggressive solicitations involving a stranger who wanted to meet in person (Wolak, Mitchell & Finkelhor, 2006. p. 1).

In luring/enticement cases involving actual teens, few of the minors who are victimized ever report the crimes. Victimized teens are often too embarrassed to notify law enforcement and fearful of their parents’ wrath for disobeying rules against communicating with strangers online. Sometimes a teen returns home after secretly meeting an Internet stranger without his or her parents ever discovering the illicit tryst.

In 2002, an Arizona Internet Crimes Against Children (ICAC) Task Force undercover officer posing online as a young girl was contacted by a man who requested a meeting for sex. When the man went to the location where he believed that he would meet the minor he was arrested. Investigators learned that the offender had previously met two girls whom he had victimized and to whom he had given sexually transmitted diseases. In their shame, the girls had never notified their parents of the crimes. The girls' distraught parents only learned of the offenses when detectives informed them of the suspects’ confessions (Phoenix Police Department, Report No. 2002-2233604).

In some cases, a child's natural curiosity leads them to Internet places where they do not belong, and with sad results.Beginning at the age of 13, a California boy was repeatedly victimized by offenders who met him via the Internet after first seeing his image on a web cam. The boy suffered sexual abuses at the hands of the men who had first contacted him online. Some of the boys Internet acquaintances had assisted him in operating commercial pornography websites featuring sexual images and videos of himself (Eichenwald, December 19, 2005).

In many cases, the teens who are lured by sexual predators will never come forward due to fear or a misplaced sense of guilt. A few of them, like 13 year old Kasie Woody of Arkansas (Family Life, October 12, 2004), and 13 year old Christina Long  of Connecticut (CBS News, May 21, 2002), were forever silenced by Internet sexual predators who lured them via the Internet, sexually victimized them and killed them.

Child prostitution is also being facilitated via the Internet. Pimps use message boards and social networking sites to find customers seeking to engage in paid sex acts with minors. In January 2007, Cook County Illinois police arrested three adults who used Craigslist, a free Internet advertising site, to offer the sexual services of girls as young as 14 years old. The illegal prostitution business resulted in profits of tens of thousands of dollars for the pimps. Undercover officers investigated and solved the case by responding to postings on Craigslist (Gutierrez, January 11, 2007).

In the past, child molesters were characterized as often lurking near school yards. Folklore held that child molesters frequented school yards because that is where the children were. The Internet is the new proverbial schoolyard. Cyberspace provides a ready hunting-ground for those who seek children.

The Internet is an extraordinarily important part of the daily lives of millions of young people.  For some youngsters cyberspace is more influential than school, family or religion.  In March 2008, an Internet-obsessed Arizona teenager became so attached to a popular social networking site that when his father revoked his computer privileges he shot and killed him (Walsh, March 05, 2008).

Internet social networking sites are places in cyberspace where subscribers may post personal information about themselves and share the information with others. Children and adults use social networking sites to communicate and to make friends. A study in 2006 estimated that 55% of young people have established online profiles in one or more of the dozens of social networking sites (PEW, January 1, 2007).

Most social networking sites are free and permit users to register without providing information about the users’ true identities or whereabouts. The sites are well suited for molesters who can pose as harmless mentors while disguising their true intent. There have been many incidents of registered sex offenders who have created online profiles portraying themselves as inoffensive individuals seeking romance without reference to their malevolent pasts (Kardasz, Internet social networking sites. 2007).

Proactive undercover “sting” investigations often lead to the apprehension of Internet sexual predators. Undercover officers posing as teens are often solicited by cyberspace acquaintances who offer to participate in sex acts. Unfortunately, a very few law enforcement agencies have personnel devoted to proactive investigations of offenders who lure and entice minors.

Disenfranchised Youth are Perfect Victims

Children and teens are disenfranchised from social and political power.  They are unable or unwilling to express their needs for Internet safety. Some children who become the victims of child pornography offenses are too young to phone 911 for police assistance.  They cannot call their elected official and they are often too intimidated by the offender to ever tell anyone.

Helpless child victims of some sex offenders cannot summon the assistance of law enforcement. Some victims of child pornographers are too young to formulate words or use a telephone. The evidence of a child's victimization is invisible to the general public and the crimes are often unreported. Because crimes against children are not publicly apparent, law enforcement agencies may marginalize the problems and give the crimes lower priority than other offenses. Consequently, relatively few law enforcement resources are devoted to the problems of children.

Funding for Internet crime investigations is relatively small. Most police departments have many more traffic cops than crimes against children investigators. Abominations against children are mostly committed in private locations. The offenses do not create the conspicuous noise of gunfire or a car crash. The crimes do not have the noticeable smell of smoke from a fire and cannot be seen from the street like graffiti or broken windows so there is little public attention drawn to the crimes. Offenders know that children are easily intimidated into silence and often cannot communicate well enough to be understood by authorities. For offenders, disenfranchised children are perfect victims partly because the crimes are invisible to law enforcement and children are powerless.

Internet Service Providers

Internet service providers (ISP) are the unwitting facilitators of Internet crimes against children. ISP’s provide offenders with the connections to the web that allows crimes to occur. Without a cyberspace connection provided by an ISP, Internet crime would impossible. Some conscientious ISP’s are taking helpful steps to provide crime prevention education information to users but more assistance to law enforcement is needed.

Other unwitting persons who benefit from Internet services include businesses who advertise on web sites for the purpose of drawing buyers to their products. Some businesses have been surprised to learn that their advertising banners have appeared on web pages featuring child pornography. Some of the responsibility for cyberspace safety and enforcement also lies with those who benefit from advertising on the Internet.

Most ISP's charge a fee for service and individual subscribers often pay with credit cards. The subscription and payment process provides a path for law enforcement to use subpoenas or search warrants to trace back to a subscriber by following the money trail. The subpoena and search warrant response process can be time-consuming for both law enforcement and the ISP's. Delays in the response process can stall law enforcement investigative efforts. When an ISP does not retain subscriber data, the investigation sometimes ends.

In 1998, a federal law was passed (Cornell Law School, 2007) requiring ISP's to report child pornography to the National Center for Missing and Exploited Children (NCMEC). By 2002, thousands of reports were flooding into NCMEC from those ISP's that chose to comply with the law. Those reports were subsequently sent to federal, state and local agencies for investigation. The large number of reports quickly overwhelmed the small staffs of those few agencies that employed investigators who had the technical expertise needed to investigate Internet crimes. Investigators began to complain that ISP's were sometimes failing to respond in a timely manner to subpoenas or search warrants requesting subscriber information. Investigators noted that in some cases, ISP's retained no information whatsoever, leaving investigations to a dead end.

A small survey of law enforcement investigators in 2006 showed that the number one need of those who investigate Internet crimes against children was for improved responses from Internet service providers. At Congressional hearings in 2006, law enforcement officers requested improved data retention by ISP's (Kardasz, April 6, 2006). Representative Ed Whitfield from Kentucky responded to the request by saying, "I absolutely think that is an idea worth pursuing. If those files were retained for longer periods of time, it would help in the uncovering and prosecution of these crimes." When news of the request for improved data retention reached the Internet industry, some in the field denied that there was a problem and expressed reluctance about the idea to preserve data. The idea was subsequently mis-characterized as unnecessary government intervention in attempts to "snoop" and pry into private citizens’ lives (McCullagh, April 14, 2006).

The need for ISP's to retain data and to respond quickly to legal process from law enforcement is a critical need for investigators of Internet crimes. Lack of response to law enforcement subpoenas and search warrants can have dire consequences for victims and stall or end law enforcement investigations before an offender can be identified (Kardasz, February 12, 2008).

Special Agent Flint Waters of the Wyoming Internet Crimes Against Children Task Force testified before a Congressional Subcommittee that in one case, an ICAC investigator intercepted the Internet transmission of a video showing the rape of a two-year-old child and traced the video to a computer somewhere in Colorado.  When the investigator approached the Internet Service Provider, Comcast, to request the customer information for the Internet protocol address, Comcast replied that it had not retained the customer records for that address.  As of the date of the hearing (April, 2006), to Mr. Waters’ knowledge, the child in the video had not been identified (U.S. House of Representatives, January, 2007).

Internet service providers, credit card companies, social networking sites, gaming sites, providers of chat rooms, e-mail services and those who advertise in Cyberspace are all among the facilitators who are caught in the middle of the Internet crime problem. The providers tacitly assent to Internet crime while profiting from subscribers and advertisers. Providers should logically bear some of the responsibility for correcting the problems. In the same way that automobile manufacturers begrudgingly gave way, after thousands of roadway deaths, to regulations mandating vehicle safety, ISP's must provide improved Internet safety before the annual number of Internet crimes matches the annual number of vehicular accidents.

For Internet service providers, preserving information and providing it to law enforcement in response to legal process is an unwanted and unprofitable chore. As the tragedies associated with some ISP's reluctance to preserve and provide information gain increased attention, public pressure and legislative action may dictate that ISP's work harder to help law enforcement officers identify the suspects associated with Internet crimes. Eventually, reluctant ISP's will be unable to turn a blind eye to the crimes and might be forced to become partners in justice instead of facilitators of injustice.

Politics and Mute Constituents

Children can easily become a political afterthought because they do not make financial contributions to political campaigns and they do not vote. Teens cannot organize and hire influential lobbyists to represent them before legislators. Minors are the mute and powerless constituents of well-intentioned elected officials who are unknowingly blind to their victimization.

Media and Unlawful Images

In cases involving unlawful images and videos, the crimes against children facilitated by the Internet are sometimes so horrible that the news media is unable or unwilling to fully describe the incidents. Adding to the dilemma is the fact that unlawful images are themselves contraband and cannot be released for public viewing. When written in text the dispassionate descriptions of unlawful images use statutory legalese to explain the criminal sex acts involved. The pedantic written descriptions of the images and videos can never fully convey the abominations suffered by the victims.

Media and Luring/Enticement

Well intentioned media organizations in partnership with cybervigilante groups and sometimes with the cooperation of law enforcement have conducted undercover sting operations targeting Internet sexual predators (MSNBC, 2008). Such operations present unique and unusual challenges to law enforcement (Kardasz, March 17, 2008).  The sting operations do little to quell the onslaught of Internet predators and in some cases make the work of undercover officers more difficult.  The cybervigilantes often make the offenders more wary as the predators later demand more proofs from UC officers, asking the officers to show that they are not with law enforcement or the media before completing the criminal act.

Law Enforcement

Uniformed crime reporting.


The US Department of Justice (DOJ) Uniform Crime Reporting (UCR) service collects data describing the saturation of law enforcement officers within various regions of the US. In 2004 there were 675,734 sworn officers who provided law enforcement services to more than 278 million people nationwide (Dept. of Justice, FBI, 2004). The UCR also reports the number of officers per 1000 population in various regions of the US. Depending on the location, different areas of the US had between 1.8 and 5.5 officers per 1000 population. The DOJ does not gather statistics about the number of citizens who use the Internet and no information is reported in the UCR about the number of law enforcement officers engaged in battling offenders who use the Internet to victimize minors.

The National Incident-Based Reporting System (NIBRS) is ineffective in capturing statistics specifically related to Internet crimes against children. NIBRS does not have specific categories that capture Internet crimes against children (Finkelhor D., and Ormrod, R. December 2004). This tragic failure to collect data permits statistics-driven administrators to deny and ignore the existence of the problem.

Spending for enforcement.

The Internet crime problem craves increased resources for law enforcement services, training and equipment. Unfortunately, resources for law enforcement functions of any kind are sometimes scarce. The competition for the limited available funds occurs in environments where agencies contend with one another for each slice of the budget. Knowledgeable advocates for children continually hope that more government dollars will be devoted to the enforcement of Internet crimes against children. In his 2006 testimony to Congress (April 6) Grier Weeks, Executive Director of the National Association to Protect Children said:

The federal government must get serious. We are losing this war, (against child pornography) and we are not supporting our troops on the front lines. Recent estimates of the size of the exploding global criminal market in child pornography are in the multi-billion dollar range. Yet by no objective measure can we claim to be serious or prepared as a nation about stopping what is being done to these children. The FBI’s Innocent Images National Initiative is funded at $10 million annually. By comparison, the Department of Housing and Urban Development just announced it was awarding more money than the entire Innocent Images budget to build 86 elderly apartment units in Connecticut and almost 7 times their budget on the homeless in Ohio. The administration has proposed 20 times the entire Innocent Images budget for abstinence-only education programs through the Department of Health and Human Services. The Department of Justice’s Internet Crimes Against Children (ICAC) Task Force program received about $14.5 in fiscal year 2006. That is less than one-fifth the amount proposed for a new initiative to help former prisoners reintegrate into society. Last year’s budget included $211 million for the Department of the Interior for “high-priority brush removal” and related projects. $14.5 million doesn’t clear much brush.

Offenders, the public and law enforcement.

Crimes against children are particularly repugnant. Most people wish to mentally disassociate themselves from thoughts of dreadful abuse involving helpless children. 

Law-enforcement investigators must deal with the fact that the identification, investigation, and prosecution of child molesters may not be welcomed by their communities—especially if the molester is a prominent person. Individuals may protest, and community organizations may rally to the support of the offender and even attack the victims. City officials may apply pressure to halt or cover up the investigation. Many law-enforcement supervisors, prosecutors, judges, and juries cannot or do not want to deal with the details of deviant sexual behavior. They will do almost anything to avoid these cases (Lanning, 2001, p. 142).

Crimes against children are the most reviled types of investigations for law enforcement officers.  While respectful of the need to bring offenders to justice many officers say, “I could never work those kinds of crimes.”  The true facts about the sexual victimization of minors is so psychologically distressing that few can emotionally tolerate being deeply involved in the investigations.

Community based policing for invisible victims.

Traditional law enforcement approaches based on community oriented policing theories are not applicable in the area of Internet crimes against children. In a community oriented policing services publication intended to guide police administrators in evaluating their local child pornography problem, writers Wortley and Smallbone (May 2006, p. 29) recommend a curious statistics-based method for analyzing the problem. The publication clumsily counsels administrators to understand their local problem by determining how many complaints related to child pornography have been investigated in their jurisdictions. Unfortunately, because the victims of crimes against children cannot complain, using the suggested methods to evaluate child pornography crimes based on local crime statistics is an invalid over-simplification.

Unlike spectacular crimes and incidents involving crashes, explosions, shootings and widespread newsworthy bloodletting, the evil offenses against children are committed in dark and private places by offenders who often psychologically control or humiliate their victims into silence.  The crimes are mostly unreported.  Statistics will not reveal the true story.

Federal and local law enforcement.

Because of competing priorities, Internet crimes against children have received relatively little attention from federal law enforcement agencies.  Since 2001, Federal efforts have focused appropriately on terrorism and border protection. The continuing war on illegal drugs is also a proper federal priority. Several enforcement efforts against Internet film piracy, copyright violations and file-shared music were mounted after demands by influential and well-heeled victims in the movie and music industry (Dept. of Justice, November 17, 2006). The slow response to cybercrime is partly due to the fact that Internet crimes are a relatively new phenomena. Crimes against children were only added to Federal law enforcement duties in the mid 1980s, and Internet crimes against children only began to rise in the late 1990s. Law enforcement is far behind the criminals in the war against illegal images. In April, 2008, when asked about the war on child pornography, FBI Director Mueller admitted to Rep. Trent Franks of Arizona, "We're losing" (Ryan, April 23, 2008).

Local law enforcement resources at the state, county and city levels are drawn to homicides, sex assaults, gangs, drugs, burglaries, property crimes and other offenses of legitimate local importance. Consequently, those who fight Internet crimes against children are often overlooked under funded and understaffed. Advocates for children agree that more funding for the enforcement of cybercrime is needed (Koch, April 15, 2008, Limited funds hinder child porn fight).  As the issues become more apparent to the public and to lawmakers, perhaps funding will increase.

Advanced training and investigative skills are required in order to conduct proactive investigations of Internet sexual offenders.  Law enforcement investigators who are generalists and who must also carry caseloads involving other types of crimes are unable to conduct extensive undercover investigations involving Internet crimes against children. Consequently, few law enforcement agencies have staff who are devoted full time to proactive enforcement of Internet crimes against children.

Law enforcement educators.

Internet crimes against children are a troubling afterthought for many law enforcement agencies. Some agencies find it easier to mount Internet safety education efforts than to mount law enforcement effort aimed at arresting criminals. Internet safety education should not be confused with law enforcement.  One large metropolitan police department in the US boasts 99 school resource officers trained to conduct Internet safety education in schools but has only two investigators to conduct proactive Internet enforcement efforts.

Police are trained and paid to keep the peace and make arrests.  Unfortunately, their true enforcement efforts are sometimes detoured into the unfamiliar world of education where they must be re-trained as teachers. Internet public safety education efforts are important but administrators should consider whether they want sworn employees to be educators or law enforcers.

Recommendations

What can be done to improve law enforcement efforts towards apprehending Internet sexual predators and traffickers of unlawful images? How can funding be identified for more investigators to fight Internet crimes against children? Here are several suggestions.

  • Voluntary contributions from ISP’s customers
Citizen Internet users may be willing to designate a dollar from their monthly Internet service bill to be dedicated specifically towards the investigations of crimes against children. Those funds could then be used to hire and train more investigators dedicated specifically to the job of identifying and apprehending offenders who use the Internet to commit crimes against children.
  • Better statistics-gathering methods

Failure to capture the number of Internet crimes against children in the NIBRS system permits administrators to deny the existence of the problem. The system must be corrected to properly reflect the problem of Internet crimes.

  • More proactive investigators
Proactive investigations can lead to the apprehension of offenders before they commit "contact" crimes. More investigators are needed.
  • Basic law enforcement training
Law enforcement basic training academies need to recognize Internet threats by providing a block of instruction regarding Internet crimes against children for entry-level employees.
  • Permanent funding
Permanent funding sources specifically designated for the purpose of supporting proactive investigative (not citizen education) efforts should be designated. As of 2008, the successful Internet Crimes Against Children Task Force Program remained an optional Congressional earmark program with no guarantees of continuation. Federal agencies including the FBI, ICE, US Postal Service, US Marshalls Service and even the Secret Service are making increased efforts to assist in the efforts but more personnel and funding is needed.
  • Legislation
Internet Service Providers should be mandated to retain subscriber data and required to respond promptly to legal process from law enforcement.
  • Tax on Internet Service Providers
A luxury tax on Internet service providers. A small tax on Internet service providers with the proceeds dedicated towards supporting investigative (not citizen education) efforts towards apprehending Internet sex offenders.

Conclusion

Child victims of Internet sex crimes cannot summon assistance the way other victims can.  They cannot adjust agency manpower, set policy or change regulations for their benefit. They cannot notify their local elected official. They cannot form a citizen-action group and they cannot vote. All they can do is suffer and hope. Hope that someone will pick up the cause and summon the sustained resolve to overcome legal, systemic, societal and psychological hurdles to help them.

No single entity can claim to be in command of the Internet. Cyberspace has no single location on which to plant a flag. The Internet is like a new planet and we are still the early inhabitants. Because the Internet is not made of brick and mortar, it is easy to abdicate or ignore responsibility for authority over cyberspace. It is easy to succumb to those who might argue against any restraint whatsoever over electronic communications. While the Web remains unmanageable, offenders have quickly planted their flags and taken full advantage of the global communities’ inability to control cyberspace.

Law enforcement institutions must advance to keep pace with developments in cyberspace. Administrators should consider the number of Internet users and subscribers in various regions and consider deploying proactive Internet crime investigators based on Internet saturation ratios. Such considerations would represent a step towards a new paradigm in policing. The paradigm begins by recognizing the rights of children to be safe from offenders who use cyberspace to gratify their sexual desires. Undercover proactive investigative techniques must be improved. Instead of avoiding technology, we must embrace it for the purposes of protecting minors.

References

CBS News Web Site. (May 21, 2002). The two faces of a 13-year-old girl. Retrieved January 19, 2007 from http://www.cbsnews.com/stories/2002/05/31/
national/main510739.shtml

Cornell Law School. (2007). #13032. Reporting of child pornography by electronic communication service providers. Cornell Law School Web site. LII Legal Information Institute. U.S. Code collection. Title 32, Chapter 132, Subchapter IV, #13032. Retrieved January 15, 2007 from http://www4.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00013032----000-.html

Department of Justice, FBI. (2004). Crime in the United States 2004. Law enforcement personnel. Retrieved April 15, 2008 from http://www.fbi.gov/ucr/cius_04/law_enforcement_personnel/index.html

Department of Justice. (November 17, 2006). Raymond man sentenced in connection with Internet piracy scheme. Retrieved April 17, 2008 from http://seattle.fbi.gov/dojpressrel/2006/pr111706.htm

Eichenwald, K. (December 19, 2005). Through his webcam, a boy joins a sordid online world. The New York Times.com. Retrieved January 15, 2007 from http://www.nytimes.com/2005/12/19/national/19kids.ready.html?ex=1292648400&en=aea51b3919b2361a&ei=5090

Family Life Today. (October 12, 2004). Kacie Woody's Story. Radio interview with Rick Woody and Jerry Spurgers. Retrieved January 19, 2007 from http://
familylifetoday.com/fltoday/default.asp?id=7633

Finkelhor D., and Ormrod, R. (December 2004). Child pornography: Patterns from NIBRS. U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention. Retrieved December 28, 2007 from http://www.ncjrs.gov/pdffiles1/ojjdp/204911.pdf

Gutierrez, T. (January 11, 2007). Online probe uncovers underage prostitution. ABC7chicago.cnews.com Web site. Retrieved January 20, 2007 from http://abclocal.go.com/wls/story?section=local&id=4928094.

Hernandez, A.E. (November 2000). Self-Reported Contact Sexual Offenses by Participants in the Federal Bureau of Prison's Sex Offender Treatment Program: Implications for Internet Sex Offenders. Paper presented at the 19th Annual Research and Treatment Conference of the Association for the Treatment of Sexual Abusers, on file with the National Center for Missing and Exploited Children. Retrieved January 15, 2007 from http://www.kardasz.org/HernandezPrisonStudy.pdf

Jefferson. T. (July 12, 1810). Letter to Samuel Kercheval. The Jefferson Monticello. Quotations on the Jefferson Memorial. Retrieved April 16, 2008 from http://www.monticello.org/reports/quotes/memorial.html

Kardasz. F. (February 12, 2008). Ongoing survey of law enforcement re: ISP's responses to subpoena and search warrant requests. Retrieved August 22, 2008 from http://kardasz.org/blog/2008/02/ongoing_survey_of_law_enforcem.html

Kardasz. F. (March 17, 2008). Cybervigilantes: Issues to consider. Retrieved April 12, 2008 from http://www.kardasz.org/Cybervigilantes.html

Kardasz, F. (March 25, 2008). Contraband images in Arizona. Retrieved April 12, 2008 from http://kardasz.org/blog/2008/04/contraband_images_in_arizona.html

Kardasz, F. (April 25, 2008). Arizona: Internet crimes against children offenders. Retrieved April 14, 2008 from http://www.kardasz.org/Case_Studies.html

Kardasz, F. (2007). Internet social networking sites. Message posted to http://www.kardasz.org/Case_Studies.html  Message also posted to http://kardasz.blogspot.com/2008/03/contraband-images-in-arizona.html

Kardasz, F. (April 6, 2006). Sexual exploitation of children over the Internet: What parents, kids and Congress need to know about child predators. Testimony before the U.S. House of Representatives, Committee on Energy and Commerce, Subcommittee on Oversight and Investigations. Retrieved January 15, 2007 from http://www.kardasz.org/kardasz_testimony_040606.html

Koch, W. (April 15, 2008). Limited funds hinder child porn fight. USA Today. Retrieved April 17, 2008 from http://www.usatoday.com/news/washington/2008-04-15-childporn-main_N.htm?POE=click-refer

Koch, W. (April 15, 2008). Software tracks child porn traffickers online. USA Today. Retrieved April 17, 2008 from http://www.usatoday.com/news/nation/2008-04-15-childporn-side_N.htm?POE=click-refer          

Lanning, K.V. (September, 2001). Child molesters: A behavioral analysis. National Center for Missing and Exploited Children. 4th Ed. p. 86. Retrieved January 15, 2007 from http://www.missingkids.com/en_US/publications/NC70.pdf

McCullagh, D. (April 14, 2006). ISP snooping gaining support. CNET News.com. Retrieved January 15, 2007 from http://news.com.co/ISP+snooping+gaining+support/2100-1028_3-6061187.html

MSNBC. (2008). To catch a predator. Dateline NBC. Retrieved April 17, 2008 from http://www.msnbc.msn.com/id/10912603/

National Center for Missing and Exploited Children. (March 15, 2006). Financial and Internet industries to combat Internet child pornography: Child pornography fact sheet.

NCMEC Web site. Retrieved January 15, 2007 from http://www.ncmec.org/missingkids/servlet/NewsEventServlet?LanguageCountry=en_US&PageId=2314

PEW, Internet & American Life Project. (January 1, 2007). Social networking web sites and Teens: An overview. Reports Family, friends & Community. Retrieved Janary 15, 2004 from http://www.pewinternet.org/PPF/r/198/report_display.asp

Phoenix, Arizona Police Department. (2002). Phoenix Police Report no. 2002-2233604. Available from the Phoenix, Arizona Police Department Records and Identification Bureau. Phoenix Police Department web site, http://phoenix.gov/POLICE/pub1.html

Ryan, Jason. (April 23, 2008). Mueller: "We're Losing" the child porn war. FBI Director says task forces, more resources needed. ABC News (on-line). Retrieved August 22, 2008 from http://abcnews.go.com/TheLaw/FedCrimes/story?id=4712725

U. S. House of Representatives, Committee on Energy and Commerce. (January 2007). Sexual exploitation of children on the Internet: Bipartisan staff report for the use of the Committee on Energy and Commerce. 109th. Congress. Retrieved January 15, 2007 from http://72.14.253.104/search?q=cache:Lm4QGZZG5TEJ:burgess.house.gov/UploadedFiles/Subcommittee%2520on

Weeks, G. (April 6, 2006). Sexual Exploitation of Children Over the Internet: What Parents, Kids and Congress Need to Know About Child Predators. U.S. House of Representatives, Committee on Energy and Commerce, Subcommittee on Oversight and Investigations. Retrieved January 15, 2007 from http://www.protect.org/newswire/pdf/PROTECTtestimony4-6-06.pdf

Wortley, R. & Smallbone, S. (May, 2006). Child pornography on the Internet. Problem-oriented guides for police problem-specific guides series. No. 41. U.S. Department of Justice, Office of Community Oriented Policing Services. Retrieved January 15, 2007 

April 13, 2008

New Hampshire - Epping man arrested in Internet crime

Charged with possession of child porn

By Elizabeth Dinan. edinan@seacoastonline.com February 15, 2008 6:00 AM

EPPING — From an office in the Portsmouth police station, a detective traced Internet videos of prepubescent girls having sex with adult men to an Epping man, leading to a Wednesday arrest and cash bail.

Portsmouth Police say Miles Empey, 62, of 133 Exeter Road, Epping confessed to using his computer to search for "rape" and "teen sex" videos, that he "did it out of curiosity" and "did not think it was illegal to download child pornography as long as you don't share it with anyone."

Empey was arraigned in Portsmouth District Court on Thursday on a felony count of possession of child pornography and ordered held on $5,000 cash and $5,000 personal recognizance bail.

According to an affidavit by Detective Mike Leclair, an undercover investigation was launched in November, to search for people sharing child pornography over the Internet. Leclair's affidavit tells the court that several "clips" of minor girls engaged in sexual activity with adult men were traced to Empey's Internet address and on Nov. 28 a search warrant was obtained and his computer seized.

During the course of a subsequent forensic investigation, illicit still and video images were found, according to court records, some with incestuous themes.

Leclair's report to the court says that on Feb. 8, he learned Empey left his home after police seized his computer and while the investigation was ongoing, and moved to a Memphis, Tenn., motel room. By calling Empey on his cell phone, Leclair persuaded him to come back to Portsmouth for an interview, during which Empey said he recalled viewing specific child pornography, but "thought he had deleted it," according to court records.

Empey is being held at the Rockingham County House of Corrections and scheduled to return to the district court for a Feb. 21 probable cause hearing.

Leclair's investigation was in concert with the state Internet Crimes Against Children Task Force, which last year named him "Cyber Crime Investigator of the Year."

Retrieved April 12, 2008 from http://www.seacoastonline.com/apps/pbcs.dll/article?AID=/20080215/NEWS/802150378/-1/NEWS11&sfad=1

April 06, 2008

Congressman Trent Franks with NCMEC and QWest honors the Arizona ICAC

On April 3, 2008, Congressman Trent Franks honored the work of the Arizona ICAC Task Force at a ceremony in Washington D.C.  The ceremony was sponsored by the QWest Foundation and the National Center for Missing and Exploited Children.  Sgt. Frank Kardasz spoke on behalf of the Arizona ICAC Task Force.  "I am pleased to accept on behalf of my colleagues at the local state and federal levels who work hard each day to bring Internet sex offenders to justice."  Kardasz said.

At the awards ceremony NCMEC and QWest also announced a new service - Netsmartz 411.  Netsmartz 411 is an online resource where children and parents may find answers to questions about Internet safety. Learn more about Netsmartz 411 at: http://www.netsmartz411.org/

April 05, 2008

Contraband Images in Arizona: Feb - March 2008

CITIES AND INTERNET SERVICE PROVIDERS

Dr. Frank Kardasz, March 25, 2008

The following data was compiled from a source of information about contraband images depicting the sexual exploitation of minors. The report covers a 30 day period between February and March 2008.

During the reporting period there were 15,220 investigative "hits" in Arizona. Each "hit" indicates an unlawful image. The report noted 83 Arizona cities where investigative "hits" were observed. Fifty-two Internet service providers were the unwitting facilitators and provided Internet service for the offenders.

The information collected covers only a small portion of the Internet where images known to be of investigative interest are possessed. The report refers only to investigative targets in Arizona. Specific information related to individual offenders was redacted because many investigations are ongoing.

In the small part of the Internet examined, relating only to offenses in Arizona, the following items were noteworthy:

TOP TEN ARIZONA CITIES
The Arizona offenders were traced to cities as follows:


TOP TEN ARIZONA INTERNET SERVICE PROVIDERS

The Internet service providers used by offenders were reported as follows:



Other notable locations and public entities identified as Internet service providers associated with unlawful images included:

• Arizona State University
• Arizona State University including Phoenix Children Hospital
• City of Tucson. Server: Arizona.edu
• Headquarters, Fort Huachuca USAAISC, ARMY-RCAS
• Maricopa County Community College District
• Northern Arizona University
• Tucson Unified School District #1 Server:MAVERICK.TUSD.K12.AZ.US
• University of Arizona
• WestNet. including AZ Tri-University Network(ASU,UA,NAU)and Embry-Riddle Aeronautical University

DEFINITIONS
Hits - Each "hit" indicated in the report represents an image or movie file known by investigators to depict the sexual exploitation of a minor.

Cities - The cities described in the report were determined using computer software that estimates the global latitude and longitude of each Internet user identified as a possessor of contraband as the result of an investigative "hit".

Internet Service Provider (ISP)- The ISP's identified in this report are unwitting facilitators for the trafficking of unlawful images.

Internet Protocol (IP) Address - The individual investigations related to this study identified IP addresses associated with contraband images depicting the sexual exploitation of minors. The researcher redacted individual IP addresses and grouped like addresses according the Internet Service Provider associated with each address.

LIMITATIONS
1. The report covers a 30 day time span during the months of February and March 2008.

2. The report represents only cities in the state of Arizona, U.S.A.

3. The report does not represent a comprehensive estimate of all unlawful images trafficked via the Internet. The report represents only a small segment of the Internet being investigated by law enforcement personnel who are located throughout the U.S.

4. Further description of the investigative techniques used are beyond the scope of this report and would jeopardized ongoing investigations.

DELIMITATIONS
1. Similar results can be expected each month as the traffic in unlawful images is not believed to be seasonal.

2. Similar results can be expected to be found in other states with higher or lower number depending upon population and Internet service saturation.

3. Based on studies that indicate that some possessors of unlawful images are also "hands-on" contact offenders, it is reasonable to posit that some of the "hits" in the report are from suspects who are also contact offenders.

----------------------------------------------------------------------
IMAGE SOURCE LOCATIONS FOLLOWED BY NUMBER OF 'HITS' ON AN UNLAWFUL IMAGE (83 cities identified)
FEB-MARCH 2008

Phoenix 5120
Tucson 1853
Mesa 1039
Glendale 746
Tempe 633
Apache Junction 616
Scottsdale 558
Chandler 537
Casa Grande 496
Gilbert 476
Peoria 463
Surprise 290
Yuma 200
Avondale 179
Lake Havasu City 173
Flagstaff 136
Prescott Valley 125
Sierra Vista 119
Goodyear 113
Buckeye 107
Queen Creek 104
Bullhead City 101
Sun City 87
Prescott 83
Safford 77
Kingman 67
Litchfield Park 56
Sahuarita 44
Show Low 44
Cottonwood 39
El Mirage 37
Parker 34
Tolleson 33
Winslow 30
Payson 29
Rio Rico 26
Maricopa 25
Coolidge 24
Huachuca City 23
Sedona 23
Nogales 22
Globe 21
Duncan 13
Fort Huachuca 13
Clarkdale 12
Sun City West 11
Cave Creek 10
Chino Valley 10
Vail 10
Camp Verde 9
Sonoita 8
Youngtown 8
Chinle 7
Claypool 7
Fountain Hills 7
Morenci 7
Snowflake 7
Willcox 7
Arizona City 5
Laveen 5
Tsaile 5
Ajo 4
Bapchule 4
Central 4
Fort Mohave 4
Humboldt 4
Somerton 4
Williams 4
Golden Valley 3
Hereford 2
San Simon 2
Tonto Basin 2
Waddell 2
Bisbee 1
Black Canyon City 1
Jerome 1
Kearny 1
Mayer 1
Mohave Valley 1
Pine 1
San Carlos 1
Thatcher 1
Wickenburg 1
--------------------------------------
REPORTS OF ARIZONA BASED INTERNET TRAFFICKED UNLAWFUL IMAGES
Sorted by number of hits per Internet Service Provider.
The name of each ISP is followed by the number of hits. (15,220 hits total)
FEB-MARCH 2008

Cox Communications 9040
QWest Broadband including Sun Lakes Cable 3135
AT&T WorldNet Services including Orbitel Communications 689
NPG Cable, including Cablevision of Flagstaff, Sedona, Kingman, Payson, Lake Havasu, Bullhead City, Parker 433
Comcast Cable Communications 374
Cable One 342
Sprint 252
Road Runner Hold Co. 176
Cellco Partnership DBA Verizon Wireless 84
Comm Speed Arizona 72
Level 3 Communications including Valley Electric Cooperative and ENOM 70
Frontier Communications of America 57
Northern Arizona University 55
Electric Lightwave Inc 38
Convergent Internet Solutions 35
Covad Communications 32
Arizona State University 30
Ygnition Networks 26
XO Communications including LocalNet Corporation 23
Eschelon Telecom, including Air Command, Hotels-Hampton Inn Peoria and Gila River Telecom 23
Wildblue Communications 21
Arizona State University including Phoenix Children Hospital 21
ALLTEL Corporation 17
Time Warner Telecom including Valley Connections 16
WestNet, Inc. including Arizona Tri-University Network (ASU, UA, NAU) and Embry-Riddle Aeronautical University 15
T-Mobile 15
Southwest Wireless Group, L.L.C. DBA Transcend Broadband 15
Sense Networking including Saddleback Communications 13
FastQ 11
Unknown - no matching ISP 9
Gain Communications 9
Dakota Communications 9
University of Arizona 7
Pony Express.Net 7
Orbitel Communications 7
Distributed Mgt. Info. Systems University House @ 8th St AZ TU 8ST 7
Maricopa County Community College District 6
Maricopa Broadband, LLC 5
MCI Communications Services, Inc. DBA Verizon Business including Network Innovations - Truck Country 4
Phoenix Internet 3
Black Mountain Broadband 3
Tucson Unified School District #1 Server: MAVERICK.TUSD.K12.AZ.US, Server: QUILL.TUSD.K12.AZ.US,Server: ARIZONA.EDU, Server: NS1.HAIRYBUFFALO.COM 2
Secured Servers LLC. 2
Headquarters, Fort Huachuca USAAISC, ARMY-RCAS 2
Valley Connections LLC, Network Lubbock, Inc. 1
UUNET Technologies 1
Red River Communications 1
MegaPath Networks Inc. 207.145.0.0 - 207.145.255.255 1
GoDaddy.com 1
CopperNet Systems 1
City of Tucson. Name Server: Arizona.edu 1
Airband Communications 1

17 year fall for Ronald Sirull, owner of Brutus the Skydiving Dog

- AZ ICAC Task Force -

Police still seek to learn the identities of Sirull's victims

March 25, 2008
- Sentenced: Ronald Bruce Sirull, age 50
- Sentence: Maricopa County Superior Court - 17 years prison, lifetime probation, lifetime sex offender
- Original Charges: Sexual exploitation of a minor, Sexual conduct with a minor, Possession of marijuana, Possession of drug paraphernalia
- Agencies: Phoenix Police Department / Arizona Internet Crimes Against Children Task Force, FBI, ICE, Maricopa County Attorney’s Office.

Details
In August 2007, after a two-month undercover investigation, Arizona Internet Crimes Against Children Task Force detectives arrested Ronald Bruce Sirull, a 50 year old packaging employee at a Phoenix Fed/Ex Kinkos for sexual exploitation of a minor (unlawful images), sexual conduct with a minor and possession of marijuana.

During the investigation Sirull arranged for and completed a “dead drop” of unlawful images in exchange for money with an undercover investigator of the Arizona ICAC Task Force.

Pursuant to legal process and with the assistance of the Internet service provider, Qwest, investigators were able to gather important information that furthered the investigation.

Sirull was later found to possess videos depicting himself engaged in sex acts with unidentified persons believed to be minors. The true identities of the persons depicted in the images are still unknown.

Sirull was arrested at his workplace, a FedEx Kinkos in Phoenix. He offered no resistance to the arrest. Search warrants were served at the business and also at Sirull’s nearby home. Items of evidence were seized from both locations. Special agents from the FBI and ICE assisted in the search. Sirull’s vehicle was also seized for forfeiture because he used it to facilitate the offense.

Sirull has worked as a private investigator and possesses a concealed weapons permit. He has lived in Arizona and Florida and has traveled throughout the US. He gained notoriety several years ago as the owner of Brutus the Skydiving Dog. Sirull made numerous skydiving jumps accompanied by his pet daschund which he strapped to his stomach during the dives. Sirull and his dog possess a Guiness world record as the highest skydiving dog. He made promotional public appearances, accompanied by his dog, at skydiving events and air shows.

The investigation was submitted to the Maricopa County Attorney’s Office for prosecution. On March 25, 2008, Sirull plead guilty in Maricopa County Superior Court to charges related to the unlawful images. He was sentenced to 17 years prison, lifetime probation and lifetime sex offender status.

The victims depicted in the unlawful images with Sirull are still unidentified. Police are requesting that anyone with information about unlawful activities involving Sirull to contact Detective Jerry Barker Phoenix Police Crimes against Children Unit at 602-495-0681.

------------------------------------------------------------------------------------
Links to images of Sirull from the World Wide Web:
http://www.theinternetparty.org/images/dogdiving2.jpg
http://www.theinternetparty.org/images/dogdiving3.jpg
http://www.heferito.com/image_folder/skydog-large.jpg
http://www.flyingchutes.com/photos/1_story_brutus1002e.jpg
http://media.collegepublisher.com/media/paper410/thumbs/t_3dc788f39a9c4-72-1.jpg

March 11, 2008

Internet Crime - Unlawful images prevention tool - A black felt-tipped marker pen!

Today a parent asked me, "What is a good tool for preventing unlawful Internet images?"  My tongue-in-cheek answer was, "A black felt-tipped marker pen to blot out the camera lens on your childs cell phone."
 
Many teens are using cell phones equipped with cameras to create and share images and videos of nudism and sexual exploitation.  Sadly, the images created are sometimes felonies.  Young people do not realize that once a digital image is created it can become  difficult to obliterate.  If the image is sent across the Internet it is possible that it will duplicated, sent to others and become impossible to eradicate.

Many parents notify law enforcement agencies after finding unlawful images on their childs' cell phone.  Investigators often learn that the images have been traded back and forth between teen friends.

While parents should monitor cell phone use, obliterating the cell phone camera lens with black felt-tipped marker will truly prevent the creation of unlawful images.  Although the idea may sound like blasphemy to cell phone manufacturers and to cell phone owners, parents should ask themselves; "Does my teen really need a camera-equipped cell phone?"

March 07, 2008

Teen who killed dad angry he couldn't use Internet

Dr. Kardasz:
The social networking opportunities provided by the Internet have become part of the fabric of life for many young people. As parents we may underestimate the seductive power of computers and their importance to some children and teens. The following story describes a tragedy involving a depressed 15 year old who shot his father after the youths' Internet privileges were revoked.

Teen who killed dad angry he couldn't use Internet

Jim Walsh, The Arizona Republic, 03/05/08

A 15-year-old boy told Mesa police he shot his father in the back of the head last month because he wouldn't let the teenager use the Internet, saying My Space was his outlet. When Hughstan Schlicker heard officers talking about the investigation, he responded, "Dad came home, I shot him in the head, what investigation?" according to a Mesa police report.

Almost laughing, the teen told police, "along with murder, can you put me down for truancy, I ditched today," the report said. "Can we clean up this before my mom gets home, I don't want her to come home and see my dad dead." Later, he told detectives he was angry with his father but couldn't remember the reason. "But I was mad at him very much and I wish I could take everything back; I wish this was a bad dream but it's not."

Hughstan said during an interview with a homicide detective that he considered committing suicide in front of his father after finding a shotgun and ammunition in the garage of their home, but decided to murder his father instead and then commit suicide. Hughstan apparently surprised his father, Ted Schlicker, who was standing in the kitchen when the boy approached him from behind, aimed the gun and pulled the trigger as the family dog brushed against the teen's leg, the report said.

Police arrested Hughstan after the slaying in the 100 block of South 56th St., Mesa, and accused him of first-degree murder. Ted Schlicker, 49, was found on the floor with his pistol still holstered on his hip.

An officer guarding the homicide scene was approached later that afternoon by Treva and Clayton Crull, who told him that their son was Hughstan's best friend. They told the officer that when they came home from work, they discovered a message on their answering machine from Hughstan saying "he would not see them for a long time because he just killed his father. They said at first they thought it was a joke, but they tried to call Hughstan back several times, but they got no answer," the report said. In a subsequent interview with detectives, Treva Crull said she "thought very highly of Hughstan and said he was a polite boy." She said her son and Hughstan often spent the night at each other's house. The boys met when they were in third grade. Treva Crull said her son told her that Hughstan wasn't at Brimhall Junior High School that day, where they went to school together, but that Hughstan had missed class before and it wasn't unusual.

Hughstan told police that he called in sick to school that day, faking his father's voice, and spent the day lounging around the house.
The Crull's son also told police that Ted Schlicker always carried a handgun, but she never saw him take it out of the holster. The boy also said he never saw Hughstan handle a gun and never "expressed any curiosity with the many guns in the home," the report said.
Police seized numerous guns from the home during the investigation, according to the report.

Hughstan told detectives that he used the Internet to communicate with his friends, and that two of his friends helped him when he tried to commit suicide a couple of weeks earlier. The report had no details. Since his father took the Internet away, Hughstan said he was "just so depressed all the time," the report said. When his father came home, Hughstan said he pointed the 12-gauge shotgun at his father "and I was getting ready to pull the trigger" when his dog walked by and brushed his leg. He said he glanced down at the dog and squeezed the trigger, the report said. "I know it's not an accident I did intentionally kill," he told police. The transcribed tape Hughston's interview with detectives shows his mother entered the room at some point and began participating. "I know, I know it happened, we have to get passed this, it's not going to change anything between you and me," Judy Schlicker said. "You're still my son and I love you no matter what OK? I'll be there whenever you need me." Judy Schlicker then started crying. When she asked Hughstan why he shot his father, he said, "I didn't really mean to. I was just planning to scare him." Hughstan then contradicted what he had told detectives earlier, telling his mother that he accidentally squeezed the trigger and shot his father.

Retrieved March 2, 2008 from http://www.azcentral.com/news/articles/0305dadmurder0306-on.html

February 29, 2008

Judge OKs Trial in Dateline 'Predator' Suicide Case

Dr. Kardasz - The sad situation reported below by ABC News was the predictable outcome of some well-intended work by some over-zealous work individuals.
For more information about cybervigilantes see: http://kardasz.org/Cybervigilantes.html
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From ABC News on-line: Judge OKs Trial in Dateline 'Predator' Suicide Case
 
Lawsuit Blames NBC for the Suicide of a Texas Prosecutor Targeted in an Undercover Sting Against Alleged Pedophiles
 
By Brian Ross and Vic Walter Feb. 27, 2008
 
In a stinging rebuke to the NBC News "Predator" series, a federal judge has given the go-ahead for a lawsuit blaming the network for the suicide of a Texas prosecutor who was targeted in an undercover sting against alleged pedophiles.
 
U.S. District Judge Denny Chin ruled that "a reasonable jury could find that NBC crossed the line from responsible journalism to irresponsible and reckless intrusion into law enforcement."
 
The suit was brought by the sister of William Conradt Jr., an assistant district attorney in Rockland County, Texas, who shot himself in the head after a local police SWAT team, accompanied by a "Dateline" crew, surrounded his house and moved in to arrest him in November 2006.
 
Judge Chin dismissed claims of racketeering, negligence and unjust enrichment against NBC but said allegations of intentional infliction of emotional distress and certain civil rights violations could go to trial.
 
The judge said he concluded there were sufficient facts in the allegations to "render plausible" the suicide was foreseeable and that "the police officers and NBC acted with deliberate indifference and in a manner that would shock one's conscience."
 
"This decision shows law enforcement should never subcontract their uniform, badge and the oath they take," Bruce Baron, the attorney representing Conradt's sister Patricia in the lawsuit against NBC Universal, Inc., said. "Patricia looks forward to protecting the constitutional rights that were trampled upon on that very dreadful day."
 
Conradt's suicide was at the center of an ABC News "20/20" investigation looking into troubling questions for both law enforcement and the news media raised by the popular "Dateline" series.
 
When Conradt did not take the bait to go to the sting house set up by Dateline and Perverted Justice, a civilian watchdog group hired as a paid consultant by NBC, the decision was made to go get him at his home in Terrell, Texas.
 
Conradt's sister Patricia told "20/20" the police broke in and then headed down a hallway to the bedroom where her brother was waiting for them with a gun in his hand.
 
"They came in, and they see him," Patricia said. "He says, 'Guys, I'm not gonna hurt anybody.' And then he put the gun to his head and shot."
 
William Conradt died shortly after a helicopter called in landed at a Dallas hospital.
 
Walter Weiss, a former detective with the police department that partnered with Dateline, and who has since left the force in disgust, told "20/20," "I understand he took his own life, but I have a feeling that he took his own life when he looked out the door and saw there was a bunch of television cameras outside."
 
NBC and the Murphy police, who had partnered with the series, deny NBC played any role in the decision to make the arrest, which involved a swat team breaking down the prosecutor's door when he did not answer.
 
And in a response following the "20/20" broadcast, NBC called the ABC News investigation "seriously flawed."
 
"We think evidence will ultimately show that 'Dateline' acted responsibly and lawfully, and we will continue to defend ourselves vigorously, " NBC News said today in a statement responding to Judge Chin's ruling.
 
Retrieved February 29, 2008 from http://abcnews.go.com/Blotter/story?id=4353781&page=1

February 24, 2008

Ongoing survey of law enforcement re: ISP’s responses to subpoena and search warrant requests

Dr. Frank Kardasz, updated February 12, 2008

Introduction
I am conducting ongoing research into a contentious issue. The issue involves whether or not Internet service providers (ISP)’s should be mandated to retain basic data about their subscribers and subsequently report that information quickly to law enforcement upon receipt of legal process in the form of a subpoena or search warrant.

Contentious Issue
The issue is contentious because law enforcement investigators around the world must rely on ISP’s to provide the most basic information about their subscribers so that law enforcement can pinpoint the location of cyber-offenders. Delays in reporting information and the lack of information can stall or extinguish an investigation. Particularly in the cases involving sexual exploitation, young lives are sometimes at stake while investigators wait for responses from ISP's.

Privacy advocates sometimes argue that requiring ISP's to retain basic subscriber data is an invasion of privacy and involves government "snooping". Internet service providers themselves may be reluctant to retain and report information to law enforcement because of the additional time, equipment and resources required to preserve and report data.

Subscriber Data
Most Internet service providers already collect and retain subscriber data. Subscriber data is the most basic user information and usually includes the name, address and billing information of the person responsible for paying for Internet service. Most ISP's collect and retain subscriber data at least long enough to charge subscribers for their Internet service. ISP’s are not required by law to retain data. Some ISP's quickly discard data when the data is no longer needed.

Survey Data
In July 2007 I began conducting surveys of investigators by sending e-mails to my colleagues nationwide asking them for anecdotal stories involving recent problems with ISP’s. The stories are compelling. Here are some of the replies:

1. In November 2006 an Arizona homicide investigator sent preservation letters to Yahoo and MSN and followed up with a search warrant for the content of e-mails from both the homicide victim and the murder suspect. As of July 2007, eight months later, the investigator had not received the information requested from either Yahoo or MSN.

2. In April 2007 a Nebraska Internet crimes against children investigator served a subpoena to Hamilton.net, an Aurora, Nebraska based ISP, for the purpose of obtaining subscriber information. Although the company had responded to previous subpoenas, on this occasion they stated that they did not think a subpoena was legal. Investigators subsequently obtained an opinion from the Nebraska Attorney General's Office favoring the legality of the subpoena. The ISP responded on June 20, 2007, however, they had not retained all of the requested data. Investigators subsequently learned that the suspect had created child pornography involving his own daughter and had molested several child victims. (Note: Investigators often anguish over the possibility that while they await the response to one of their subpoenas, a child somewhere continues to be victimized because detectives do not know the location of the ongoing offense.)

3. In July 2007 a Colorado Internet crimes against children investigator reported that Denver Public Libraries destroy data after each patron logs off of the libraries computers. Investigators are unable to obtain any information about library computer users. In the past year, three child pornography cases have been unresolved due to lack of information. Arizona investigators report the same situation at Phoenix Public Libraries. Child pornography incidents that have been traced to public libraries are often unresolved because libraries do not enable simple logging features that retain basic information about computer users.

4. In July 2007 a California crimes against children investigator cited an America online (AOL) child pornography case in which the offenders’ originating Internet protocol (IP) address resolved to a Proxy IP address. AOL had only retained the needed information for five days and could not identify who was using the targeted IP address at the time of the offense.

5. In July 2007 a California crimes against children investigator also reported that in one child pornography case the suspect used Cingular Wireless to connect to a Yahoo email account. Cingular only retains Internet protocol (IP) logs for two days and could not identify the subject. The investigator has since identified this subject from other IP addresses, but if the suspect had used only the Cingular connection, the investigation would have been extinguished.

6. In July 2007 an Arizona investigator reported that a 16 year old victim met a 23 year old suspect at the Internet social networking site, blackplanet.com. The two also communicated via text messaging through the ISP Sprint. During the text messages the suspect was informed by the victim that the victim was 16 years old. The investigator needed to retrieve the text messages in order to show the suspects knowledge that the victim was a minor. The retention time for text messages from Sprint is only 14 days and the required information was not available to the investigator.

7. In July 2007 a North Carolina investigator stated: “This (ISP retention and reporting issue) is still a problem. In North Carolina, Time Warner RoadRunner is not responding in a timely manner. When they do respond the answer is often: ‘The information you requested is no longer available’. Time Warner has advised our agency that we send more subpoenas than the rest of the state combined. According to Time Warner our frequent subpoenas cause them problems and they are considering charging us administrative fees. We advised Time Warner that the reason we submit a large number of subpoenas is because as the ICAC for the entire state our agency has subpoena privileges. There is a huge need for better retention requirements and laws. Time Warner is just one example.”

8. In July 2007 an Arizona prosecuting attorney cited three child pornography cases wherein Cox Communication provided responses stating that the Internet protocol address in question was stolen, with no further explanation. Repeated attempts to obtain additional information about that Internet protocol address and how it was compromised have been unproductive. Luckily, there was another online session with the defendant where the subpoena results pointed to the defendant.

9. In July 2007 a Massachusetts detective investigated a threats and sexual harassment case involving hearing impaired students at Northern Essex Community College. The students there use communication devices called "Sidekicks" that permit text messaging. The ISP's involved were T-Mobile and Danger Co. The Sidekicks were sold by Danger Co. and Danger Co. was also responsible for serving the text traffic that went out over the devices. In several cases, the suspect sent messages to the Yahoo e-mail addresses of the victims. The investigator subpoenaed Yahoo and received six relevant IP addresses back from Yahoo. These IP addresses were each found to be owned by Danger Co. The investigator subpoenaed Danger Co. for subscriber information from all six IP’s. A representative of Danger Co. advised the investigator that the company does not keep a record of IP activity. The Danger Co. representative referred the investigator to T-Mobile stating that T-Mobile handled the information about the IP addresses being researched. T-Mobile referred the investigator back to Danger Co.

10. In 2007 an Arizona Internet crimes against children investigator states: Cell phone text messaging has been critically important to some of our cases involving minors and predators. The cell phone companies do not retain the messages or they purge them after a few days.

11. In a recent (2007) Michigan Internet crimes against children case involving Comcast, a preservation request and search warrant were sent to Comcast within the companies 30 day time frame for such requests but Comcast responded by stating that no data was found.

12. In 2007 a Texas investigator stated: “Verizon often claims technical problems prevent them from capturing data.” He cited eight stalled investigations involving child pornography and online solicitation cases that occurred in 2006 and 2007.

13. In July 2007 an Arizona Internet crimes against children investigator reported that the ISP Cox Communications did not provided needed log information related to the date of an offense that was specifically requested in a subpoena. The omission resulted in delays and extra follow-up work while the suspect continued to traffic child pornography via the Internet.

14. A Pennsylvania fraud investigator reported that in December 2006, four weeks after an order was mailed, the Earthlink legal department responded stating that they did not have access to the records about the requested Internet protocol address. Earthlink stated that the IP address in question was leased to Earthlink from Covad Communications. When the investigator inquired with Covad, he was informed that Covad had not retained the data. The Covad representative then referred the investigator back to Earthlink. As ofJuly 23, 2007 the investigator had not received a formal response from either company.

15. In July 2007 a Texas investigator worked a case involving a stolen laptop computer. The computer had a tracking device installed on it. The device sends a message with the IP address to a monitoring company if the laptop is reconnected to the Internet. In this case the device worked and the investigator was provided with the IP address from which the stolen laptop was being used. The IP address belonged to a RoadRunner subscriber account. Roadrunner was recently acquired by Comcast from Time Warner. Both companies informed the investigator that the IP is not one of their active accounts and to date there has been no subscriber information provided to the investigator.

16. In an Arizona identity theft case a Federal investigator spoke with a representative of the Earthlink/People PC compliance department on June 17, 2007, 40 days after the original subpoena was sent. The investigator was informed that the request would be handled the next day but as of July 23, 2007, there was still no response.

17. In August 2007, a Federal investigator in Arizona reported that after 22 days the ISP Cox Communications had not yet responded to two subpoenas involving a suspect who is believed to be actively molesting minors. The investigator said, "These types of turnaround times are clearly unacceptable."

18. A Massachusetts Internet crimes against children investigator reported that as of August 20, 2007, the ISP Earthlink had not yet responded to a subpoena that was sent to them on April 19, 2007, a delay of four months...and counting. The investigator said, "I have called the legal department-subpoena compliance on at least four occasions. To date, I have received nothing."

19. On July 11, 2007, an Arizona Internet crimes against children investigator sent a subpoena to Cox Communications requesting subscriber information about a suspect. There was no response from Cox. A second subpoena was sent on July 24, 2007. There was no response to the second subpoena. A third subpoena was sent on August 15, 2007. On August 17, 2007 the investigator phoned Cox and left a voice mail message with the subpoena compliance unit describing the problem and requesting an immediate response to the subpoena. The subpoena was again sent via fax to Cox on August 17, 2007. On August 22, 2007 the investigator received a response to the subpoena. The delay was 42 days.

20. On July 31, 2007, an Arizona Internet crimes against children investigator sent a subpoena to Cox Communications requesting subscriber information about an Internet protocol address. There was no response from Cox. A second subpoena was sent on August 15, 2007. At the time of this report. (August 21, 2007) Cox still had not responded.

21. In July 2007 an Arizona child pornography investigator made several attempts to contact the Earthlink legal department to request information concerning their subpoena requirements. The investigator phoned a number and was informed that the number was disconnected. The investigator then phoned the Earthlink emergency/after hours number and heard the recorded announcement, "the Nextel customer is currently unavailable." After several more failed attempts, the investigator searched the Internet for a customer service number and found 1-800-(number witheld). This number directs callers to a third party sales company and to an email address. The representative at the 800 number provided the investigator with a phone number for an Earthlink customer service representative but the representative would only provide a mailing address to the corporate office in Atlanta, GA. Through other sources the investigator found and called a phone number for the Earthlink legal department. This call resulted in a voice mail message that provided the investigator with an Atlanta mailing address and a voice prompt asking the caller to leave a message. The investigator left a voice message but as of a week later (July 30, 2007) Earthlink still had not responded.

22. In February 2006 a Texas child pornography investigator sent a subpoena to Earthlink requesting subscriber information related to a suspect’s IP address. When Earthlink did not respond, the investigator left several follow-up voice mails. The investigator spoke with an Earthlink representative who assured the investigator that the information would be sent via email the next day. It was not. A second subpoena was sent on April 4, 2007. Again there was no response from Earthlink. At the time of this report, (July 2007) seventeen months have passed since the original request and the information is now too old and stale for further follow-up.

23. In July 2007 a Pennsylvania Internet crimes against children investigator reported that 60 days after discovering two Verizon-affiliated Internet protocol addresses associated with child pornography the company reported that they had no record of either of the two addresses.

24. A former Missouri law enforcement officer who now works in private industry recalled past problems with the Time Warner (Roadrunner) company and with Earthlink. The investigator cited a homicide case in 2000 that involved an Earthlink subscriber. The former investigator said that during the investigation Earthlink did not respond to a request for information. The former investigator said, “Bad people are doing bad things and getting away with it simply because certain ISP's won't cooperate with law enforcement. Hopefully a framework can be set into place to encourage these ISP's to comply with a legal subpoena or search warrant.”

25. In August 2007 Arizona ICAC investigators received a report involving 640 unlawful images of child pornography. They traced the Internet protocol (IP) number to the ISP Cableone. A subpoena was sent to Cableone requesting subscriber information for the user of the suspect IP address. In response to the subpoena, the associate general counsel from Cableone wrote:

Our information technology department researched this IP address and informed me that they are unable to gather any information useful to you in response to your subpoena. They are struggling with a software gremlin that has recently reared its ugly head and is corrupting the tables of our IP servers in the archiving process. Until this is corrected, much historical IP information has been and continues to be lost. They can give me no certain date when the problem will be resolved but they are working with our vendors to fix it as soon as possible.

26. In September 2007 a frustrated Arkansas ICAC investigator wrote to her nationwide colleagues:


Does anyone have a number for someone, anyone at Comcast who will return your calls? I have tried (name witheld) at 856-(number withheld) and the Comcast Legal Response Center at 856-(number withheld) and left numerous messages. No one will call me back. Any help will be appreciated.

Note: Shortly after the investigator posted the preceding message she received a return phone call from a Comcast representative.

Conclusion
A subpoena request for basic subscriber information is not a highly invasive query. Basic subcriber information includes only such items as the name, address and phone number of the user. Basic subscriber information does not include the private text of e-mails or chat conversations. The subpoena request for subsciber information differs from a more invasive search warrant request for content.

A search warrant request to an ISP for content produces information of a more private nature including such things as the text of private e-mails. The courts recognize that such information is deserving of a higher level of protection from law enforcement scrutiny and consequently requires a sworn affidavit and search warrant.

The most invasive (and expensive) form of law enforcement inquiry involves capturing real-time electronic communications and is commonly known as a wiretap. In law enforcement circles a wiretap is also often called a "Title III", named after the Federal Wiretap Law. A court-ordered wiretap has additional requirements and time-constraints above and beyond those required of either a subpoena or search warrant.

The stories of investigations that ended because an ISP did not provide subscriber data are disheartening to those who seek to apprehend offenders and bring them to justice. The stories seem to indicate a need for a review of the data retention policies of Internet service providers.

Dr. Kardasz may be contacted via email at: kardasz@kardasz.org

Protecting On-line Undercover Investigations

By Frank Kardasz and Richard Whidden, February 5, 2008

Introduction

Undercover on-line activities conducted by law enforcement officers using the Internet are important towards capturing Internet sexual predators and traffickers of child pornography. Undercover investigators painstakingly labor to establish believable fictitious personas during on-line investigations. Sometimes the personas are maintained for long periods of time. Publicizing details of undercover identities and divulging undercover on-line investigative techniques can be detrimental to ongoing investigations.

Deciding whether or not information about undercover operations should be publicized is sometimes a subject of debate among law enforcement professionals. When deciding whether or not to reveal undercover Internet investigations to the media, administrators and media relations personnel should consider the following questions:

 Question: Does publicity of undercover Internet activities help educate good citizens and raise public awareness regarding Internet crime?

Answer: Yes, however alternative educational activities will have the same impact without damaging law enforcement operations (1). Internet Safety seminars can be conducted without discussing discuss specific undercover tactics.

 Question: Does publicizing undercover Internet activities have a deterrent effect on potential offenders?

Answer: Probably not. Some studies indicate that sexual predators are undeterred by any treatment or warning. Their sexual attractions are similar in strength to the attraction to drugs by addicts, with even less promise of eventual change and rehabilitation (2).

Example Case:
An Arizona Internet predator postponed his planned sexual encounter because he had seen a media report of an arrest in a nearby jurisdiction. He never canceled the meeting, only postponed it. The media reports only protracted and delayed the investigation. The report did not prevent the crime, it only delayed and temporarily frustrated the investigation.

Media exposure is sometimes frustrating when a planned arrest is imminent and investigators have carefully organized a safe operation only to be delayed and then required to re-organize later. When an undercover Internet operation is exposed in one jurisdiction, those who publicize it may be unwittingly impacting an ongoing investigation in another jurisdiction.

Example Case:
Using e-mail, one British predator sent the actual wording from the Arizona State law to his young intended victim in Arizona . Along with the wording from the law he stated in his e-mail, "We have to be careful because I can get in trouble." His demonstrated knowledge of the law did not deter him. He traveled from the United Kingdom intending to meet the victim for sex but was arrested instead. His arrest received media attention, but undercover investigative techniques did not. And after his release from jail he again attempted to contact the victim.

 Question: Does publicizing undercover Internet activities educate offenders as to law enforcement methods?

Answer: Yes, potentially making them wiser regarding law enforcement tactics, with the consequence that they, like drug offenders, continually develop new counter-tactics to thwart law enforcement. Savvy Internet predators, educated by the media, are now challenging undercover officers on-line, asking them prove that they are not cops. Predators are being further schooled each time Internet investigative techniques are revealed.

Example Case:
One Arizona offender collected newspaper and Internet media reports of sex crime investigations, attempting to educate himself about law enforcement tactics. A stack of printed news releases was found among his belongings during a search warrant.

 Question: The media will get the information eventually through public records requests or by listening at trial so why not give the information away now?

Answer: Perhaps the media will eventually get the information, but details do not become public record until after the investigation is complete, with an option for law enforcement to redact confidential information. Some information will come out at trial, but most reporters will not sit through the proceeding or take the time to read the transcripts later.

In most cases the arrest occurs at the same time as seizure of the suspect’s computer. The computer often holds information regarding additional crimes and victims. Widespread media coverage may hinder follow-up investigation if the case involves accomplices who cannot be identified until the computer forensics exam is completed.

Certain undercover techniques remain protected through case law. A reporter with the patience and perseverance to submit a public records request, or sit through a trial might be attentive enough to obtain some information. Instead of giving the information away and risking investigative problems, let the media work for the information.

 Question: Everybody knows that the police on-line undercover work, what is wrong with publicizing it?

Answer: It is a misconception to believe that everyone knows the details of on-line undercover work. Everyone does not know, and publicizing the exact details unnecessarily reveals tactics and improperly educates the offenders.

 Question: Does publicizing successful undercover Internet activities aggrandize the investigating and prosecuting agency?

Answer: Yes.

 Question: Do some people and agencies require publicity and aggrandizement to motivate funding sources, further individual careers, or gain re-election?

Answer: Unfortunately, yes.

 Question: What circumstances permit law enforcement to withhold information from release?

Answer: Case law permits certain details of undercover investigations to remain undisclosed during the life of the investigation. There is a qualified privilege to protect sensitive investigative techniques from disclosure (3). Courts have noted that, “disclosure depends upon the particular circumstances of each case and is determined by balancing the public's interest in non-disclosure against a defendant's interest in cross-examination and accurate fact finding” (4).

Additionally, statutes may protect this information from public records disclosure. For example, under the Federal Freedom of Information Act, an exception to the public records disclosure requirements can prevent the release of records or information complied for law enforcement purposes (5). Similar protections also exist in state statutory law (6).

Protected Information

In undercover on-line Internet investigations, sensitive information might include the following:

- Screen name and e-mail address of the undercover officer.
- Gender of the undercover officers' fictitious persona.
- Age of the undercover officers' fictitious persona.
- Arrest/meeting location if the location is being used frequently and during other ongoing investigations.
- Specific undercover techniques, tactics and conversations.

Conclusion

On-line undercover officers labor to establish believable fictitious personas' and their endeavors should be protected whenever possible. Law enforcement administrators should examine policies related to the release of information and consult with legal advisors and prosecutors before revealing sensitive undercover tactics.

Notes

(1) see the following Internet crime-prevention organizations:
National Law Center for Children and Families – http://www.nationallawcenter.org
I Keep Safe – http://www.ikeepsafe.org
Netsmartz - http://www.netsmartz.org/
ISafe - http://www.isafe.org/
Enough is Enough - http://www.enough.org/

(2) Davey, M. and Goodnough, A. (March 4, 2007). Doubts rise as states hold sex offenders. New York Times. Retrieved December 30, 2007 from http://www.nytimes.com/2007/03/04/us/04civil.html

(3) Walker , J.S. (May, 2000). The qualified privilege to protect sensitive investigative techniques from disclosure. FBI Bulletin.pp.26-31. Retrieved December

(4) See e.g. Johnson v. Maryland , 811 A.2d 898, 900 (Md. Ct. Spec. App. 2002) citing U.S. v. Green, 670 F.2d 1148 (D.C. Cir 1981).

(5) 5.5 United States Code § 552 (b)(7). As to Justice Department documents see 28 CFR §16.26(b).5. 5 United States Code.

(6) See e.g. §119.071(2), Florida Statutes.

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Frank Kardasz is Project Director for the Arizona Internet Crimes Against Children Task Force.

Richard R. Whidden, Jr. is Executive Director and Senior Counsel of the National Law Center for Children and Families.

NOTE: The preceding article is for education and informational purposes only. It does not constitute legal advice nor legal opinion on any specific matter. The information does not create, and receipt does not constitute a lawyer-client relationship between the authors and the reader. The reader should not act upon the information provided herein without consulting the readers own counsel.

December 28, 2007

Internet crimes against children: Issues and guidance for 2008

Dr. Frank Kardasz, December 28, 2007

There will be some sad events in 2008 involving Internet crimes against children. I did not need to consult Nostradamus nor Uri Gellar to make the following prognostications: psychic powers were not required. History and deductive reasoning were my mentors. My hope is that most of the following predictions do not occur. Although much of the forecast is troubling, some hope remains. Increased attention to the problem of Internet crimes against children may result in more funding directed towards crime prevention and law enforcement efforts.

Issues and guidance for 2008 - Internet Crimes Against Children

Young Offenders and Victims

1. Using their cell phone cameras, thousands of children and teens will create and trade pornographic images of themselves and others.

What can be done?

- Parents should consider purchasing phones that do not have camera capabilities or disabling the camera features of existing cell phones. Parents should ask themselves, Does my child really need a cell phone with a built-in camera? (1)

- Educate children about the potential problems with their images being trafficked via cell phones and the Internet. (2)

- Schools should consider rules prohibiting cell phone cameras and disciplinary steps for violators. (3)

2. Hundreds of images of minors engaged in sex acts will be posted to various social networking sites by scorned or vindictive teens who have suffered failed relationships with one another.

What can be done?

- Social networking sites should actively review the images posted to their sites in order to identify harmful images and delete improper images as quickly as possible. (4)

- Parents should actively monitor computer use. Some children have two or more social networking web pages. The child uses one page to show their parents that they are only posting harmless information. They have a second page that they use to secretly communicate with the persons whom they contact on the Internet.

- Children should be educated about the potential problems with permitting anyone to take their picture. (5)

Web Sites

3. Craigslist and other web-based advertising services will be used by pimps, prostitutes and human traffickers to facilitate sex with minors.

What can be done?

- Web-based advertising services should closely monitor content posted to their sites. Some users of Craigslist circumvent rules about posting improper text by converting posted items into a jpg format thus escaping the automated text filters designed to stop improper content. (6)

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (7)

4. Alter-ego web sites including Second life or RunEscape will remain popular online meeting places for persons who wish to victimize minors.

What can be done?

- Proprietors of the sites should monitor content and activities more closely to prevent improper use. (8)

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (9)

Facilitators

5. Libraries that fail to filter unlawful images will continue to be popular venues for offenders who traffic child pornography.

What can be done?

- Libraries should filter for improper content and sanction offenders. (10)

- Local governments and taxpayers should demand improved Internet safety in libraries. (11)

6. Businesses and homes that provide unencrypted wireless Internet access to the vicinity will remain popular places for criminals who will secretly use the free services to offend.

What can be done?

- Business and homeowners should educate themselves about the potential problems with providing unencrypted wireless Internet access to the surrounding community. (12)

- Wireless signals should be encrypted using the latest type of protection.

Offenders

7. A man will be arrested for possession of child pornography and the arrest will reveal that he committed several previously unreported contact "hands-on" offenses against a minor.

What can be done?

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (13)

- Parents should carefully select persons with whom to entrust children.

8. A person employed in the information technology industry will be involved in an Internet crime against children.

What can be done?

- Hiring authorities should carefully select personnel and investigate backgrounds thoroughly. (14)

- Pre-employment interviews should include questions regarding the applicants history with images depicting the sexual exploitation of minors (child pornography). (15)

- Business computers should be set to filter unauthorized access by employees and to actively monitor employee use. (16)

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (17)

9. A person in the religious community will be involved in an Internet crime against children.

What can be done?

- Religious leaders should carefully select personnel and investigate backgrounds thoroughly. Violators should be reported to law enforcement.

- Law enforcement should make improved efforts to identify offenders and bring them to justice. (18)

10. An educator will be involved in an Internet crime against children.

What can be done?

- Hiring authorities should carefully select educators and investigate backgrounds thoroughly. Violators should be reported to law enforcement.

- Pre-employment interviews should include questions regarding the applicants’ history with images depicting the sexual exploitation of minors (child pornography).

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (19)

11. A person employed in the justice system will be involved in an Internet crime against children.

What can be done?

- Hiring authorities should carefully select employees and investigate backgrounds thoroughly. Violators should be reported to law enforcement.

- Pre-employment interviews should now include questions regarding the applicants history with images depicting the sexual exploitation of minors (child pornography).

- Computers should be set to filter unauthorized access by employees and to actively monitor employee use.

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (20)

12. An offender accused of an Internet crime against children will commit suicide.

What can be done?

- Offenders should be provided with the appropriate mental health services when there is an indication of self-destructive behavior. (21)

13. An offender accused of an Internet crime against children will commit or attempt to commit "suicide by cop."

What can be done?

- Law enforcement officers must remain vigilante to the threat from sex offenders who wish to end their own lives.

- Non-lethal weapons may be employed on suicidal persons if it is reasonable and safe to do so.

14. A registered sex offender will be arrested for an Internet crime involving a child. The public will express surprise and outrage that the offender was ever released and wonder why he was not monitored more closely.

What can be done?

- Few offenders can be incarcerated for life and although civil commitment is a possibility, some offenders will re-offend. Citizens should consult with the national or state offender databases for registered sex offenders and remain vigilante to the possible threats. (22)

15. An offender involved in an Internet crime against a child will be arrested. His friends, neighbors and coworkers will be shocked exclaiming, "We never suspected him, he was always so nice around children."

What can be done?

- Some offenders spend their lives creating a persona of a trustworthy respectable person who can be trusted around children. It should not be a surprise when and offender is identified who was in a position of trust.

Cybervigilantes

16. A "Deathwish" style cybervigilante will take justice into his own hands and kill an Internet sex offender. The incident might not be reported as a cybervigilante killing because it may appear to have a robbery motive or be viewed by investigators as an unexplained random killing.

What can be done?

- Investigators should examine the computer(s) of persons who are the victims of homicides in order to research the persons background and reason for being at the location of the homicide.

Forensics

17. A teen will be reported missing and a forensics examination of the teen’s computer will provide important clues leading to the whereabouts of the missing youth.

What can be done?

- Parents should closely monitor their child’s computer use in order to try to prevent problems. Installing monitoring spy ware on a child’s computer is one option. (23)

Europe and Asia

18. An organization of child pornography traffickers will be identified in an Asian or European country.

What can be done?

- Asian and European countries should continue to work towards stopping the creation and trafficking of child pornography. (24)

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice.

19. A sex-tourism traveler will be arrested in a foreign country after traveling there for the purpose of having sexual relations with a minor.

What can be done?

- Foreign countries should continue to work towards stopping sex tourism. (25)

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice.

Statistics

20. The National Incident-Based Reporting System (NIBRS) will continue to be ineffective in capturing statistics specifically related to Internet crimes against children.

What can be done?

- Modifications should be made to the NIBRS system so that statistics specific to Internet crimes against children can be captured. (26)

Law Enforcement Resources

21. The community based policing philosophy, helpful for those who are able to report crimes, will continue to be ineffective in addressing Internet crimes against children, in part because young victims cannot phone the authorities for help. (27)

What can be done?

- Law enforcement administrators should place increased emphasis on the apprehension of Internet sexual predators. There will never be statistics that accurately reflect the problem and the young victims of Internet crimes are unable to report their victimization to authorities.

22. Considerable federal law enforcement resources will be consumed by the war on terror and by illegal immigration issues. Most state and local resources will be consumed by crimes reported from those victims who are able to complain to their local law enforcement agency. Children will remain marginalized because they cannot phone 911.

What can be done?

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (28)

- Child advocacy and human rights groups should continue to work towards making the problems of young victims a government priority. (29)

23. Relatively small groups of law enforcement officers at the federal, state and local levels will continue to attempt to turn a rising tide of Internet crimes against children.

What can be done?

- Law enforcement should continue to make efforts to identify offenders and bring them to justice. (30)

24. The increasingly high number of unsolvable reported Internet crimes against children will demand considerable investigative resources and detract from law enforcements' ability to instead conduct highly-effective proactive undercover operations.

What can be done?

- Proactive undercover investigations designed to identify luring/enticement suspects and traffickers of child pornography have been very successful. Such efforts should continue. (31)

Politics

25. The U.S. presidential election will dominate politics in 2008. Internet crimes against children will not be considered to be an issue of significance. Children will remain marginalized because children cannot vote.

What can be done?

- Child advocacy and human rights groups should continue to work towards making the problems of young victims a political priority.

- Candidates should recognize that Internet crimes against children are important.

- Campaign platforms should contain specific provisions meant to address the problem of Internet crimes against children.

Courts

26. Unlike narcotics, child pornography is the only form of contraband that is absorbed via the human sense of sight. Judicial rules of discovery demand that evidence be available for review by the defense. Although courts would never require that drugs be duplicated, many judges will order that unlawful images be reproduced so that defense attorneys and offenders can view the images pursuant to antiquated discovery rules.

What can be done?

- Courts should recognize the unique differences between child pornography and other forms of contraband.

- Contraband images depicting the sexual exploitation of minors should not be unnecessarily duplicated.

27. Several judges will complain about mandatory sentencing for Internet sex offenders.

What can be done?

- Judges should receive more training about Internet sex offenders.

Corrections

28. Prisons will remain overcrowded and mandatory sentencing for Internet sex criminals will result in more offenders being incarcerated. Rehabilitation efforts intended to correct deviant sexual behavior will remain largely ineffective.

What can be done?

- More prisons should be built to safely house sex offenders. Continued research should be conducted to attempt to find ways to rehabilitate offenders.

Internet Service Providers

29. Hundreds of investigations into Internet sex crimes will fail because the Internet service providers did not retain subscriber information or failed to expeditiously report subscriber information pursuant to legal process from law enforcement. Consequently, frustrated investigators will be unable to locate and assist many innocent victims.

What can be done?

- Internet service providers should retain subscriber information and respond quickly to legal requests from law enforcement.

Business

30. Hundreds of private businesses will discover employees viewing or trafficking unlawful images while using corporate computers. Many business leaders will not report the incidents to law enforcement because they fear unwanted publicity. The offenders will be quietly fired or permitted to resign.

What can be done?

- Businesses should take proactive means to prevent computer misuse. User agreements, filtering software, and proactive monitoring can prevent and discover problems.

- Business leaders should report Internet sex offenses to law enforcement authorities.

Lawmakers

What can be done?

31. Congress will be unable to pass legislation requiring Internet service providers to preserve data and retain subscriber information. Uninformed detractors will argue against any proposed legislation, incorrectly positing that such laws would facilitate government spying and invade privacy.

- Citizens may contact lawmakers and encourage legislation that requires Internet service providers to retain subscriber information and to quickly respond to legal process from law enforcement. (32)

Hope for 2008

32. On the bright side, legislation is pending that would provide increased funding for the battles against Internet sexual predators and child pornographers. Increased funding will assist in crime prevention and apprehension efforts. (33)

What can be done?

- Citizens may contact lawmakers and encourage increased funding for law enforcement efforts aimed at apprehending offenders and preventing Internet crime. (34)

Dr. Frank Kardasz is a sworn Arizona peace officer who supervises the investigations of Internet crimes against children. Opinions expressed are those of the author and do not represent the policy of any governmental agency. Dr. Kardasz can be contacted by e-mail at: kardasz@kardasz.org


Notes

(1) Lowe, C. (May 16, 2007). Parents weigh consequences of providing kids with cell phones. WRAL.com (web page). Retrieved December 27, 2007 from http://www.wral.com/news/local/story/1419575/

(2) The Ad Council. (March 23, 2007). The Ad Council partners with the U.S. Department of Justice and the National Center for Missing and Exploited Children to help prevent online sexual exploitation. Retrieved December 27, 2007 from http://www.adcouncil.org/newsDetail.aspx?id=192

(3) Walker Junior High School . (n.d.). Cell phone policy. Retrieved December 27, 2007 from http://www.walkerjhs.org/policies/cellphone.jspJohn Rolfe Middle School. (n.d.). Cell phone acceptable use policy. Retrieved December 27, 2007 from http://www.henrico.k12.va.us/MS/Rolfe/CellPhone.html

(4) Goodwin, D. (December 3, 2007). Pedophile gets 110 years in MySpace extortion scheme. Channel Register (web page). San Francisco . Retrieved December 27, 2007 from http://www.channelregister.co.uk/2007/12/03/hacker_gets_110_years/

(5) National Center for Missing and Exploited Children. (2007). Real-life stories: NetSmartz Workshop. (web site). Retrieved December 28, 2007 from http://www.netsmartz.org/resources/reallife.htm

(6) Associated Press. (January 12, 2007). Woman accused of pimping girls on Craigslist. msnbc.com. (web site). Retrieved Deceber 28, 2007 from http://www.msnbc.msn.com/id/16599035/

(7) Maynard, S. (December 18, 2007). Fife targets online sex ads: City cracks down on prostitution. The News Tribume.com (web site). Retrieved December 28, 2007 from http://www.thenewstribune.com/front/topstories/story/232418.html

(8) Lafsky, M. (May 9, 2007). De-incentivizing virtual rape. The New York Times, Opinion, Freakonomics. (web page). Retrieved December 28, 2007 from http://freakonomics.blogs.nytimes.com/2007/05/09/de-incentivizing-virtual-rape/

(9) Bergstein, B. (December 2, 2007). Police begin incorporating online worlds into patrols. NashuaTelegraph.com (web page). Retrieved December 28, 2007 from http://www.nashuatelegraph.com/apps/pbcs.dll/article?AID=/20071202/BUSINESS/312020013/-1/news01

(10) Noyes, D. (November 29, 2007). Porn, sex crimes at libraries. ABC 7 I-Team investigation. (web page). Retrieved December 27, 2007 from http://abclocal.go.com/kgo/story?section=i_team&id=4808374

(11) Zerschling, L. (December 28, 2007). Activist wants filters placed on library computers. Siouxcityjournal.com (web page). Retrieved December 28, 2007 from http://www.siouxcityjournal.com/articles/2007/12/09/news/top/09956c3afe343d86862573ac00109d77.txt

(12) University of Wisconsin Information Technology Services. (2007). Wireless security 101: Threats and solutions. (web page). Retrieved December 28, 2007 from https://www4.uwm.edu/uits/security/practices/wireless_security_101.cfm

(13) Florida Department of Law Enforcement. (November 1, 2007). Internet predators arrested as part of multi-agency “Operation Travelin’ Man”. Retrieved December 28, 2007 from http://www.fdle.state.fl.us/Press_Releases/20071101_predators_arrested.html

(14) AAA InfoSystems. (2007). Background checks: Free online information sources. (web page). Retrieved December 28, 2007 from http://www.aaainfosystems.com/

(15) Kardasz, F. (December 16, 2007). Interview and interrogation questions for Computer related child sexual exploitation suspects. (web page). Retrieved December 28, 2007 from http://interrogation.wikispaces.com/

(16) Internet Filter Software Review. (2007). 2008 Internet filter report. Top ten reviews Inc. Retrieved December 28, 2007 from http://internet-filter-review.toptenreviews.com/

(17) NBC5.com, Chicago. (December 18, 2007). Naperville man accused of having child porn. (web page). Retrieved December 28, 2007 from http://www.nbc5.com/news/14880340/detail.html

(18) Hicks, T. (December 7, 2007). KGO radio host faces child-porn charges. MercuryNews.com (web page). Retrieved December 28, 2007 from http://www.mercurynews.com/news/ci_7658629?nclick_check=1

(19) Associated Press. (December 24, 2007). Lakeland principal arrested on child pornography released on bond. ABC7 news (web site). Retrieved December 28, 2007 from http://www.wwsb.com/Global/story.asp?S=7539580

(20) O’Hare, P. (December 12, 2007). Waging the war on child porn: Prosecutors enlist help to track abusers, halt Web images. Houston Chronicle. (web page). Retrieved December 28, 2007 from http://www.chron.com/CDA/archives/archive.mpl?id=2007_4471058

(21) Zimmerman, N. (December 18, 2007). Gloucester man facing child porn trial kills himself in jail. Dailypress.com (web page). Retrieved December 28, 2007 from http://www.dailypress.com/news/dp-now-jailsuicide.d18,0,5977573.story?coll=dp-breaking-news

(22) Halpin, J. (December 1, 2007). Man (age 62) arrested in sex abuse of 3-year-old. Anchorage Daily News (web page). Retrieved December 28, 2007 from http://dwb.adn.com/news/alaska/crime/story/9527795p-9438612c.html

(23) Clark County Sheriff’s Office (December 7, 2007). Missing teen may have fun off with man he met online. KATU.com (web page). Retrieved December 28, 2007 from http://www.katu.com/news/12273756.html

(24) ABC Radio Australia. (December 14, 2007). China hosts child-sex tourism conference. (web page). Retrieved December 28, 2007 from http://www.radioaustralia.net.au/news/stories/s2119207.htm

(25) U.S. Department of State. (June 14, 2004). Trafficking in persons report. The Office to Monitor and Combat Trafficking in Persons. (web site). Retrieved December 28, 2007 from http://www.state.gov/g/tip/rls/tiprpt/2004/34021.htm

(26) Finkelhor D., and Ormrod, R. (December 2004). Child pornography: Patterns from NIBRS. U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention. Retrieved December 28, 2007 from http://www.ncjrs.gov/pdffiles1/ojjdp/204911.pdf

(27) Fisher-Stewart, G. (July 2007). Community policing explained: A guide for local governments. U.S. Department of Justice, Office of Community Oriented Policeing Services. Retrieved December 28, 2007 from http://www.cops.usdoj.gov/files/ric/Publications/cp_explained.pdf

(28) Internet Crimes Against Children Task Force Program. (2007). U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. Retrieved December 28, 2007 from http://www.icactraining.org/

(29) National Association to Protect Children. (2007). (web page). Retrieved December 28, 2007 from http://www.protect.org/

(30) FBI, Innocent Images National Initiative. (2007). (web page). Retrieved December 28, 2007 from http://www.fbi.gov/innocent.htm

(31) Arizona Internet Crimes Against Children Task Force. (July 18, 2007). Six month report: January-June 2007. Retrieved December 28, 2007 from http://azicac.org/docs/icac_report0607.pdf

(32) Needle, D. (December 7, 2007). New bill demands ISP’s report online child exploitation. Internetnews.com Networking. Retrieved December 28, 2007 from http://www.internetnews.com/infra/article.php/3715481

(33) S. 1738 Combating Child Exploitation Act of 2007. (2007) 2007-2008 (110th Congress). Retrieved December 28, 2007 from http://www.govtrack.us/congress/bill.xpd?bill=s110-1738

(34) Usa.gov. (2007). Contact elected officials. (web page). Retrieved December 28, 2007 from http://www.usa.gov/Contact/Elected.shtml

December 16, 2007

Mandatory sentencing overcomes an uninformed judge

Dr. Kardasz

The following story from the Savannah Morning News discusses a judge who disagreed with federal mandatory sentencing provisions for a possessor of child pornography. The case highlights the need for judges to be become educated about the implications of unlawful images.
 
Current research indicates that a significant number of persons who possess unlawful images depicting the sexual exploitation of minors are also contact, "hands-on" offenders. Landmark studies conducted by Dr. Hernandez and Dr. Bourke at the Butner Federal Correctional Facility illuminated the problem. Studies of persons incarcerated for possessing unlawful images at Butner resulted in disclosures and admissions from the prisoners about hundreds of previously unknown hands-on offenses. (see: http://www.iht.com/articles/2007/07/19/america/19sex.php - also -  http://www.cultureandmediainstitute.org/articles/2007/20070720125546.aspx)
 
Some people rationalize unlawful images as "just pictures" and harmless. The images are not "just pictures". The images are permanent records of terrible crimes.

Judges often have incomplete information when deciding upon sentencing. Presentence reports describing offenders often cannot provide a true evaluation of the person. Many offenders in sex crimes against children have the outward appearance of fine upstanding citizens. Many have spent their entire lives developing  an alternate persona in order to present themselves as trustworthy and capable of being trusted around children. The offender in the instant case was, according to the report, a music teacher.
 
Some Judges need to become better educated about the facts regarding harmful images and about the offenders who use images for sexual gratification.

As for those who created the laws that punish offenders, I am grateful to those legislators responsible for approving mandatory sentencing. Mandatory sentencing overcomes the uninformed opinions of those who marginalize children and ignore the harm caused by unlawful images.

-----------------------------------------------------

Teacher gets five years in porn case; judge calls sentence too severe

By Jan Skutch.  12/13/07.

Calling it a "sad day for justice," a federal judge Wednesday railed against a mandatory sentence he considered too harsh but was forced to impose in a child pornography case. U.S. District Senior Judge William T. Moore Jr. made the comment as he ordered former St. Andrew's School music teacher Joshua Henry Evans, 25, to prison for five years.

"The facts in this case do not justify the sentence the court is compelled to impose," Moore said. "Sixty months is a sentence that is much more severe than should be called for in this case."

Evans pleaded guilty Aug. 6 to a charge of attempted receipt of child pornography over the Internet involving what he believed was a 14-year-old girl.

The judge, who last month became eligible to retire, said he had "anguished" over the case. He postponed sentencing, hoping the U.S. Supreme Court or Congress would give him some leeway, Moore said.

Because the charge carries a mandatory minimum sentence, advisory guidelines giving Moore some discretion were not available.

In court Wednesday, Evans fought back tears. "I made some awful decisions in my past," the defendant told Moore. "Looking back, I am ashamed of my wrongdoing. I hurt God, my community, my family, my wife, my new daughter and myself. "Your honor, I know I did wrong, and I must face the consequences." Evans also faced supervised release for life after completing his prison term. However, Moore imposed two years of supervised release for Evans - the minimum that could have been imposed.

Probation officers wanted a 10-year period, a recommendation requested by Assistant U.S. Attorney Julie Wade. Evans' lawyer, attorney Alex Zipperer III, urged Moore to impose a lesser term.

Moore also ordered Evans to register as a sex offender. And the judge allowed Evans until 2 p.m. Jan. 14 to report to prison. Moore complained that the mandatory minimum sentence required in the case left him "handcuffed." "If there was any way I could avoid the mandatory minimum in this case, I assure you I would do it," Moore said. "Something else should have been done in this case, other than a plea resulting in a minimum mandatory."

Moore, a former U.S. attorney, said the prosecutor's office is independent and should have told the justice department, "I'm sorry, but I don't agree with your policy in this case." He said a more appropriate sentence would have involved "no or very, very little jail time for Mr. Evans. But as long as the mandatory minimum stands as a roadblock, the court is, in effect, handcuffed in this case."

He noted that Evans used his home computer, not one at the school, and that Evans did not attempt to traffic in or distribute the offensive material.

A counseling center where Evans has undergone treatment reported he did not "fit the typical profile of a sex offender" and said there was "little or no danger of any future activity of this kind by Mr. Evans."

"This is a sad day for Mr. Evans and for his family," Moore said. "It's a sad day for the court, and I think it's a sad day for justice."

Retrieved December 16, 2007 from  http://www.savannahnow.com/node/414835

A CP defense: “Under the influence of testosterone”

Here is some information about an Arizona ICAC Task Force case that was recently adjudicated.

The Arrest
In 2004, Keith Alan Jarrett, age 50, was arrested for possession of Internet-traded child pornography. Jarrett admitted to his crimes and said that he knew that child pornography was illegal. Jarrett immediately blamed his collection of child pornography on prescribed testosterone injections that had been given to him by a physician. The injections, he said, turned him into a “sexual superman.”

An Alleged Medical Problem
According to a letter later written by Jarrett, the testosterone injections had the following effect:

The shots slowly consumed me. They turned me into a mad man, with uncontrollable sexual urges. At the time I was oblivious to it because I felt great and was now dependent on them. I felt like a sexual superman.

I discovered Online chat rooms. My sexual urges now turned to the internet. I started spending every waking moment in chat rooms, opening any and every link that chatters posted. I was going through profiles looking for porn. I was masturbating constantly, 6 or 7 times a day, sometimes all day long if situation allowed it. I was in there night and day, watching web cams, reading nasty conversations, collecting photos, and masturbating. And to say there was some child porn and other inappropriate photos being posted in chat rooms, would be an understatement. They were every where.

The Explanation
Jarrett’s attorney began to build a defense around the testosterone-injection causation theory. The attorney, Antonio Zuniga, consulted with Dr. Richard Krueger M.D. of the Columbia University Medical Center Department of Psychiatry.

Dr. Krueger examined 12 documents related to the Jarrett case including reports by physicians, a polygraph operator and Mr. Jarrett himself. Dr. Krueger never personally interviewed Jarrett and did not review the police reports documenting the investigation.

Dr. Krueger authored a letter that Jarrett’s defense counsel used in his defense. In the letter, Dr. Krueger said that Jarrett had a history of being sexually victimized as a boy by an adult, and said that the history of victimzation could increase also his predisposition to view child pornography.

Dr. Krueger also documented the findings of others who said that Jarrett suffers from depressive disorder, alcohol abuse, and hepatitis C.

According to Dr. Krueger, Mr. Jarrett “engaged in his acquisition of child pornography while under the influence of testosterone.”

Here is an excerpt from a letter by Dr. Krueger to Antonio Zuniga, lawyer for Keith Jarrett:

It is my opinion, with a reasonable degree of medical certainty, that Mr. Jarrett during the period from approximately January of 2003 through November 2004 developed an excessive sexual drive which resulted in, among other things, his acquisition of child pornography, as a result of receiving excessive dose of testosterone from his medical physician. It is also my opinion, with a reasonable degree of medical certainty, that without these testosterone injections, Mr. Jarrett would not have engaged in the acquisition of child pornography.

It is also my opinion, with a reasonable degree of medical certainty, that even with an admission of guilt to crimes involving possession and/or distribution of child pornography that Mr. Jarrett’s risk of actually abusing a child is remote, and that he could be safely managed in the community.

The Sentence
Jarrett decided not to try his unusual defense before a trial court or a jury. On June 14, 2007 Jarrett waived trial and plead guilty to two counts of attempted sexual exploitation of a minor (child pornography) in Maricopa County (AZ) Superior Court. He was sentenced to five years incarceration, lifetime probation, registration as a sex offender, monitoring by a global positioning device and prohibition from consuming alcohol.

Minneapolis, MN baker gets nine years in Internet sex sting

Dr. Kardasz: The following story describes a convicted killer who was caught during an undercover luring/enticement operation conducted by a law enforcement agency. If more law enforcement agencies devoted more undercover personnel to catching Internet sexual predators the world might just be a little safer.

Minneapolis, MN baker gets nine years in Internet sex sting

By David L. Brommerich, For the Winona Daily News, 11/14/07

A convicted murderer from Minneapolis has been sentenced to nine years in prison for trying to arrange sex with a 15-year-old girl in Buffalo County.

Gary R. Lohmeier, 53, who has felony convictions in Minnesota dating back to 1977, will also have to serve 8 years of supervised probation.

Circuit Judge James Duvall exceeded the 5 year sentence recommended by Buffalo County District Attorney Tom Clark. Clark said Lohmeier’s criminal history was a factor in his sentence.

Two other men convicted this year in similar cases in Buffalo County got sentences of 18 months or less.

Lohmeier, who was working as a baker before his arrest, pleaded no contest to a felony charge of attempted second-degree sexual assault of a child under the age of 16. A charge of using a computer to facilitate a child sex crime was dismissed as part of a plea agreement.

Sheriff’s deputies arrested Lohmeier on April 24 near a convenience store in Alma, Wis., where he had arranged to meet with someone he thought was a 15-year-old girl but was in fact an investigator who had posed as a juvenile in an online chat room.

Lohmeier has an extensive criminal history, including a conviction for second degree murder for a 1984 shooting outside a Minneapolis bar in which one person was killed and two wounded. While serving a 19-year sentence, he was convicted of a narcotics charge stemming from the bust of a drug ring that smuggled heroin and cocaine into the Stillwater prison.

Transcripts filed in the Buffalo County case showed that Lohmeier claimed he was 35. He sent sexually explicit photos over the Internet, according to the complaint.

Lohmeier was credited for 197 days served since his arrest.

Retrieved November 14, 2007 from http://www.winonadailynews.com/articles/2007/11/14/news/03sexsting.txt

'My Space' hoax ends with suicide

Dr. Kardasz: The sad and tragic story below is a reminder that the improper use of social networking sites and chat rooms can have terrible consequenses. The Megan Meier incident is not an isolated occurrence. Several years ago a Phoenix teen was coaxed by his on-line "friends" to continue using drugs and alcohol until he overdosed and died while others watched him via his web-cam.


'My Space' hoax ends with suicide of Dardenne Prairie teen

By Steve Pokin. 11/14/07. From Suburban Journals, St. Louis MO (on-line)

His name was Josh Evans. He was 16 years old. And he was hot.

"Mom! Mom! Mom! Look at him!" Tina Meier recalls her daughter saying.

Josh had contacted Megan Meier through her MySpace page and wanted to be added as a friend.

Yes, he's cute, Tina Meier told her daughter. "Do you know who he is?"

"No, but look at him! He's hot! Please, please, can I add him?"

Mom said yes. And for six weeks Megan and Josh - under Tina's watchful eye - became acquainted in the virtual world of MySpace.

Josh said he was born in Florida and recently had moved to O'Fallon. He was homeschooled. He played the guitar and drums.

He was from a broken home: "when i was 7 my dad left me and my mom and my older brother and my newborn brother 3 boys god i know poor mom yeah she had such a hard time when we were younger finding work to pay for us after he loeft."

As for 13-year-old Megan, of Dardenne Prairie, this is how she expressed who she was:

M is for Modern

E is for Enthusiastic

G is for Goofy

A is for Alluring

N is for Neglected.

She loved swimming, boating, fishing, dogs, rap music and boys. But her life had not always been easy, her mother says.

She was heavy and for years had tried to lose weight. She had attention deficit disorder and battled depression. Back in third grade she had talked about suicide, Tina says, and ever since had seen a therapist.

But things were going exceptionally well. She had shed 20 pounds, getting down to 175. She was 5 foot 5½ inches tall.

She had just started eighth grade at a new school, Immaculate Conception, in Dardenne Prairie, where she was on the volleyball team. She had attended Fort Zumwalt public schools before that.

Amid all these positives, Tina says, her daughter decided to end a friendship with a girlfriend who lived down the street from them. The girls had spent much of seventh grade alternating between being friends and, the next day, not being friends, Tina says.

Part of the reason for Megan's rosy outlook was Josh, Tina says. After school, Megan would rush to the computer.

"Megan had a lifelong struggle with weight and self-esteem," Tina says. "And now she finally had a boy who she thought really thought she was pretty."

It did seem odd, Tina says, that Josh never asked for Megan's phone number. And when Megan asked for his, she says, Josh said he didn't have a cell and his mother did not yet have a landline.

And then on Sunday, Oct. 15, 2006, Megan received a puzzling and disturbing message from Josh. Tina recalls that it said: "I don't know if I want to be friends with you anymore because I've heard that you are not very nice to your friends."

Frantic, Megan shot back: "What are you talking about?"

SHADOWY CYBERSPACE

Tina Meier was wary of the cyber-world of MySpace and its 70 million users. People are not always who they say they are.

Tina knew firsthand. Megan and the girl down the block, the former friend, once had created a fake MySpace account, using the photo of a good-looking girl as a way to talk to boys online, Tina says. When Tina found out, she ended Megan's access.

MySpace has rules. A lot of them. There are nine pages of terms and conditions. The long list of prohibited content includes sexual material. And users must be at least 14.

"Are you joking?" Tina asks. "There are fifth-grade girls who have MySpace accounts."

As for sexual content, Tina says, most parents have no clue how much there is. And Megan wasn't 14 when she opened her account. To join, you are asked your age but there is no check. The accounts are free.

As Megan's 14th birthday approached, she pleaded for her mom to give her another chance on MySpace, and Tina relented.

She told Megan she would be all over this account, monitoring it. Megan didn't always make good choices because of her ADD, Tina says. And this time, Megan's page would be set to private and only Mom and Dad would have the password.

'GOD-AWFUL FEELING'

Monday, Oct. 16, 2006, was a rainy, bleak day. At school, Megan had handed out invitations to her upcoming birthday party and when she got home she asked her mother to log on to MySpace to see if Josh had responded.

Why did he suddenly think she was mean? Who had he been talking to?

Tina signed on. But she was in a hurry. She had to take her younger daughter, Allison, to the orthodontist.

Before Tina could get out the door it was clear Megan was upset. Josh still was sending troubling messages. And he apparently had shared some of Megan's messages with others.

Tina recalled telling Megan to sign off.

"I will Mom," Megan said. "Let me finish up."

Tina was pressed for time. She had to go. But once at the orthodontist's office she called Megan: Did you sign off?

"No, Mom. They are all being so mean to me."

"You are not listening to me, Megan! Sign off, now!"

Fifteen minutes later, Megan called her mother. By now Megan was in tears.

"They are posting bulletins about me." A bulletin is like a survey. "Megan Meier is a slut. Megan Meier is fat."

Megan was sobbing hysterically. Tina was furious that she had not signed off.

Once Tina returned home she rushed into the basement where the computer was. Tina was shocked at the vulgar language her daughter was firing back at people.

"I am so aggravated at you for doing this!" she told Megan.

Megan ran from the computer and left, but not without first telling Tina, "You're supposed to be my mom! You're supposed to be on my side!"

On the stairway leading to her second-story bedroom, Megan ran into her father, Ron.

"I grabbed her as she tried to go by," Ron says. "She told me that some kids were saying horrible stuff about her and she didn't understand why. I told her it's OK. I told her that they obviously don't know her. And that it would be fine."

Megan went to her room and Ron went downstairs to the kitchen, where he and Tina talked about what had happened, the MySpace account, and made dinner.

Twenty minutes later, Tina suddenly froze in mid-sentence.

"I had this God-awful feeling and I ran up into her room and she had hung herself in the closet."

Megan Taylor Meier died the next day, three weeks before her 14th birthday.

Later that day, Ron opened his daughter's MySpace account and viewed what he believes to be the final message Megan saw - one the FBI would be unable to retrieve from the hard drive.

It was from Josh and, according to Ron's best recollection, it said, "Everybody in O'Fallon knows how you are. You are a bad person and everybody hates you. Have a shitty rest of your life. The world would be a better place without you."

BEYOND GRIEF INTO FURY

Tina and Ron saw a grief counselor. Tina went to a couple of Parents After Loss of Suicide meetings, as well.

They tried to message Josh Evans, to let him know the deadly power of mean words. But his MySpace account had been deleted.

The day after Megan's death, they went down the street to comfort the family of the girl who had once been Megan's friend. They let the girl and her family know that although she and Megan had their ups and down, Megan valued her friendship.

They also attended the girl's birthday party, although Ron had to leave when it came time to sing "Happy Birthday." The Meiers went to the father's 50th birthday celebration. In addition, the Meiers stored a foosball table, a Christmas gift, for that family.

Six weeks after Megan died, on a Saturday morning, a neighbor down the street, a different neighbor, one they didn't know well, called and insisted that they meet that morning at a counselor's office in northern O'Fallon.

The woman would not provide details. Ron and Tina went. Their grief counselor was there. As well as a counselor from Fort Zumwalt West Middle School.

The neighbor from down the street, a single mom with a daughter the same age as Megan, informed the Meiers that Josh Evans never existed.

She told the Meiers that Josh Evans was created by adults, a family on their block. These adults, she told the Meiers, were the parents of Megan's former girlfriend, the one with whom she had a falling out. These were the people who'd asked the Meiers to store their foosball table.

The single mother, for this story, requested that her name not be used. She said her daughter, who had carpooled with the family that was involved in creating the phony MySpace account, had the password to the Josh Evans account and had sent one message - the one Megan received (and later retrieved off the hard drive) the night before she took her life.

"She had been encouraged to join in the joke," the single mother said.

The single mother said her daughter feels the guilt of not saying something sooner and for writing that message. Her daughter didn't speak out sooner because she'd known the other family for years and thought that what they were doing must be OK because, after all, they were trusted adults.

On the night the ambulance came for Megan, the single mother said, before it left the Meiers' house her daughter received a call. It was the woman behind the creation of the Josh Evans account. She had called to tell the girl that something had happened to Megan and advised the girl not to mention the MySpace account.

AX AND SLEDGEHAMMER

The Meiers went home and tore into the foosball table.

Tina used an ax and Ron a sledgehammer. They put the pieces in Ron's pickup and dumped them in their neighbor's driveway. Tina spray painted "Merry Christmas" on the box.

According to Tina, Megan had gone on vacations with this family. They knew how she struggled with depression, that she took medication.

"I know that they did not physically come up to our house and tie a belt around her neck," Tina says. "But when adults are involved and continue to screw with a 13-year-old - with or without mental problems - it is absolutely vile.

"She wanted to get Megan to feel like she was liked by a boy and let everyone know this was a false MySpace and have everyone laugh at her.

"I don't feel their intentions were for her to kill herself. But that's how it ended."

'GAINING MEGAN'S CONFIDENCE'

That same day, the family down the street tried to talk to the Meiers. Ron asked friends to convince them to leave before he physically harmed them.

In a letter dated Nov. 30, 2006, the family tells Ron and Tina, "We are sorry for the extreme pain you are going through and can only imagine how difficult it must be. We have every compassion for you and your family."

The Suburban Journals have decided not to name the family out of consideration for their teenage daughter.

The mother declined comment.

"I have been advised not to give out any information and I apologize for that," she says. "I would love to sit here and talk to you about it but I can't."

She was informed that without her direct comment the newspaper would rely heavily on the police report she filed with the St. Charles County Sheriff's Department regarding the destroyed foosball table.

"I will tell you that the police report is totally wrong," the mother said. "We have worked on getting that changed. I would just be very careful about what you write."

Lt. Craig McGuire, spokesman for the sheriff's department, said he is unaware of anyone contacting the department to alter the report.

"We stand behind the report as written," McGuire says. "There was no supplement to it. What is in the report is what we believe she told us."

The police report - without using the mother's name - states:

"(She) stated in the months leading up Meier's daughter's suicide, she instigated and monitored a 'my space' account which was created for the sole purpose of communicating with Meier's daughter.

"(She) said she, with the help of temporary employee named ------ constructed a profile of 'good looking' male on 'my space' in order to 'find out what Megan (Meier's daughter) was saying on-line' about her daughter. (She) explained the communication between the fake male profile and Megan was aimed at gaining Megan's confidence and finding out what Megan felt about her daughter and other people.

"(She) stated she, her daughter and (the temporary employee) all typed, read and monitored the communication between the fake male profile and Megan Â…..

"According to (her) 'somehow' other 'my space' users were able to access the fake male profile and Megan found out she had been duped. (She) stated she knew 'arguments' had broken out between Megan and others on 'my space.' (She) felt this incident contributed to Megan's suicide, but she did not feel 'as guilty' because at the funeral she found out 'Megan had tried to commit suicide before.'"

Tina says her daughter died thinking Josh was real and that she never before attempted suicide.

"She was the happiest she had ever been in her life," Ron says.

After years of wearing braces, Megan was scheduled to have them removed the day she died. And she was looking forward to her birthday party.

"She and her mom went shopping and bought a new dress," Ron says. "She wanted to make this grand entrance with me carrying her down the stairs. I never got to see her in that dress until the funeral."

NO CRIMINAL CHARGES

It does not appear that there will be criminal charges filed in connection with Megan's death.

"We did not have a charge to fit it," McGuire says. "I don't know that anybody can sit down and say, 'This is why this young girl took her life.'"

The Meiers say the matter also was investigated by the FBI, which analyzed the family computer and conducted interviews. Ron said a stumbling block is that the FBI was unable to retrieve the electronic messages from Megan's final day, including that final message that only Ron saw.

The Meiers do not plan to file a civil lawsuit. Here's what they want: They want the law changed, state or federal, so that what happened to Megan - at the hands of an adult - is a crime.

THE AFTERMATH IS PAIN

The Meiers are divorcing. Ron says Tina was as vigilant as a parent could be in monitoring Megan on MySpace. Yet she blames herself.

"I have this awful, horrible guilt and this I can never change," she said. "Ever."

Ron struggles daily with the loss of a daughter who, no matter how low she felt, tried to make others laugh and feel a little bit better.

He has difficulty maintaining focus and has kept his job as a tool and die maker through the grace and understanding of his employer, he says. His emotions remain jagged, on edge.

Christine Buckles lives in the same Waterford Crossing subdivision. In her view, everyone in the subdivision knows of Megan's death, but few know of the other family's involvement.

Tina says she and Ron have dissuaded angry friends and family members from vandalizing the other home for one, and only one, reason.

"The police will think we did it," Tina says.

Ron faces a misdemeanor charge of property damage. He is accused of driving his truck across the lawn of the family down the street, doing $1,000 in damage, in March. A security camera the neighbors installed on their home allegedly caught him.

It was Tina, a real estate agent, who helped the other family purchase their home on the same block 2½ years ago.

"I just wish they would go away, move," Ron says.

Vicki Dunn, Tina's aunt, last month placed signs in and near the neighborhood on the anniversary of Megan's death.

They read: "Justice for Megan Meier," "Call the St. Charles County Prosecuting Attorney," and "MySpace Impersonator in Your Neighborhood."

On the window outside Megan's room is an ornamental angel that Ron turns on almost every night. Inside are pictures of boys, posters of Usher, Beyonce and on the dresser a tube of instant bronzer.

"She was all about getting a tan," Ron says.

He has placed the doors back on the closet. Megan had them off.

If only she had waited, talked to someone, or just made it to dinner, then through the evening, and then on to the beginning of a new day in what could have been a remarkable life.

If she had, he says, there is no doubt she would have chosen to live. Instead, there is so much pain.

"She never would have wanted to see her parents divorce," Ron says.

Ultimately, it was Megan's choice to do what she did, he says. "But it was like someone handed her a loaded gun."

Retrieved November 15, 2007 from http://suburbanjournals.stltoday.com/articles/2007/11/14/news/sj2tn20071110-1111stc_pokin_1.ii1.prt

December 15, 2007

Online child-porn offender released early for learning about computers

Dr. Kardasz: The following story by Pablo Ros is an interesting report of justice gone wacko. I am of the humble opinion that persons convicted of computer-related crimes should be directed towards vocations in prison training classes that do not involve computers. Similarly, drug offenders should not be trained towards careers in pharmacy or chemistry. There are many career options and fields of study. Offenders should not be permitted to choose training that is aligned with the offense that originally resulted in their incarceration.

Online child-porn offender released early for learning about computers

Pablo Ros, Tribune Staff Writer. 11/24/07

South Bend, Indiana - A 58-year-old convicted sex offender recently cut his prison sentence short by completing a course on computer repair.

Larry B. Abshagen had always had a computer at home, and his ex-wife said she couldn't fail to see the irony in his sentence reduction.

"He was very knowledgeable with computers," said his ex-wife, whom The Tribune is not naming to protect her identity. "He knew how to fix 'em, how to get on 'em. He didn't need to take a course on computer repair."

Abshagen was sentenced to four years in prison in August 2006 for sending child pornography over the Internet. With credit for time served, credit for good behavior and a vocational studies certificate in computer repair, Abshagen finished his sentence in fewer than two years. He was released in October.

Abshagen's ex-wife said she is upset that he was given an additional three-month break from an already mild sentence."I'm upset that they cut his sentence short because of (the computer course)," she said. She added that she's not opposed to prisoners receiving credit for completing courses that benefit them, such as earning a GED.

"Why train him on something he got in trouble for?" she said.

Karen Cantou Grubbs, communications chief at the Indiana Department of Correction, said all prisoners are eligible for educational courses.

"There is no filter process for assignment to academic, vocational, college programs in the IDOC," she wrote in an e-mail. "It is an open-entry process for all offenders. Threshold qualifications for assignment to vocational programs would be credit class, education code, and length of time left to serve."

The DOC's educational program stems from "the department's mandate to provide an environment designed to promote restoration and public safety," said Randy Koester, a DOC spokesman. "Advancing an inmate's education reduces the likelihood they will reoffend, and promotes public safety."Abshagen's ex-wife said she doesn't think Abshagen is more dangerous now after taking a computer course because he probably learned little from it that he didn't already know. In that way, Abshagen would be atypical of most sex offenders, according to John Shehan of the National Center for Missing and Exploited Children.

Shehan, who is deputy director of the NCMEC's exploited child division, said sex offenders "come from all walks of life" and have varying educational levels. But those who are most easily caught by law enforcement, he said, lack a sophisticated knowledge of computers.

"Normally they aren't Internet-savvy," he said.

When asked whether by taking a course on computer repair a sex offender might become better equipped to reoffend, Shehan said that by learning the basic workings of a computer -- such as how to remove a hard drive and destroy it -- a person could more easily get away with Internet crimes."It's an interesting question," Shehan said, but he did not express an opinion on whether sex offenders should be eligible to take computer courses in prison.

"It's the first I've ever heard of a case like that," he said.

But Parry Aftab, executive director of the online safety volunteer organization WiredSafety.org, said she doesn't think access to computer education in prison is an added risk.

"I think that learning how to fix a computer has no relationship whatsoever to predatorial behavior," she wrote in an e-mail. "I am concerned about inmates having Internet access while in prison, or unsupervised access while on probation. That poses a risk."

Koester said inmates are not allowed to access the Internet in prison. Using the Internet or any other online service at any location without approval of a probation officer is a violation of the Indiana recommended special probation conditions for sex offenders, which are found on the state's Web site, although they become case-applicable at a judge's discretion.

Jerry Johnson, chief probation officer of St. Joseph County's adult probation, said he doesn't know offhand how often that probation condition is applied here.

Retrieved November 26, 2007 from http://www.southbendtribune.com/apps/pbcs.dll/article?Date=20071124&Category=News01&ArtNo=711240358&SectionCat=BIZ&Template=printart

'I'm a pervert,' suspected Phoenix voyeur tells police

Dr. Kardasz: Investigators are receiving a rising number of complaints about unlawful images being trafficked via cell phone cameras but this is a very unusual case.


'I'm a pervert,' suspected Phoenix voyeur tells police

By Colleen Sparks, The Arizona Republic, 11/27/07

A Phoenix man has been arrested for reportedly breaking into a home while the residents slept and taking sexually explicit photos of himself with one of the residents' cell phones.

"I'm a pervert," he allegedly told police after being arrested.

The crime was discovered when the resident found the photos of the man on her phone.

Ryan Houghton, 18, was arrested Nov. 20 on suspicion of "burglary of occupied residential structure," a Class 3 felony, and "voyeurism," a Class 4 felony.

The victim found the photos on Nov. 17, and earlier that morning had noticed that her arcadia door was ajar, said Phoenix Police Sgt. Joel Tranter.

Police believe that Houghton entered the home, in the 4500 block of East Kiowa Street near 48th Street and Elliot Road, sometime between 9:30 p.m. Nov. 16 and 6 a.m. Nov. 17.

The residents discovered that someone had signed onto a pornographic Web site on the home's computer. Part of Houghton's username was found on the Web site, Tranter said.

Friends of the victims researched the Web site and found Houghton's username and photo online. One of the friends recognized him as working at a fast food restaurant near 48th Street and Elliot Road, Tranter said.

The residents contacted police. Sex crimes detectives went to the restaurant and found out part of Houghton's name and a possible address for him, Tranter said. When police went to the address, Houghton was not there, he said.

Detectives learned in a follow-up investigation that Houghton skateboarded. Police went back to the victims' home on Nov. 20 and one of the detectives heard a skateboard, Tranter said.

Detectives saw Houghton and another male teen and asked them their names. They saw Houghton try to pass a pipe to his friend and they arrested him for that, Tranter said. Nothing was found in the pipe but police discovered Houghton could be the burglar and voyeur.

When interviewed, Houghton told police that he had entered the house through a side gate and an unlocked arcadia door while the three adult residents were sleeping, Tranter said. Houghton said he had taken photos of himself masturbating with the phone, according to police.

When asked why he did it, Tranter said that Houghton told police, "I'm a pervert."

Houghton "is not associated with the people that live in that house," Tranter said.

Tranter advised residents to keep their windows and doors locked when they are out or sleeping.

"It's fine leaving your doors open when you're awake and up," Tranter said. "If you leave the house or you're going to bed for the night you need to ensure that . . . your doors and windows are locked.

"There are people out there that are looking to take advantage of people."

Retrieved November 28, 2007 from http://www.azcentral.com/community/ahwatukee/articles/1127ar-voyeur1127.html

November 12, 2007

Libraries Can Be Made Safer from Internet Child Pornography

by Dr. Frank Kardasz, November 9, 2007

The arrest of another sex offender for Internet child pornography at a public library highlights the need for continued vigilance against this disturbing form of child abuse. While the Internet is an unprecedented source of worthwhile educational information, it is also the preferred venue of many sociopaths, thieves, fraudsters, bullies and sex offenders. Free public access to computers at libraries provide criminals with the means and mechanisms to facilitate their crimes.

Sometimes when I speak with community groups and describe the surprising number of crimes being facilitated via the Internet someone asks, "Why don't they just shut the whole thing down!" - as if a switch exists somewhere that will simply cut the power to the entire Internet. Although the Internet is with us to stay, I doubt that the framers of our constitution could have envisioned child pornography being accessed through computers at our tax-supported public libraries. In Minneapolis, the problem with people viewing all forms of pornography on library computers became so disturbing that in 2000, librarians there filed a hostile work environment lawsuit against the city and won a large settlement. (see http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1063212018621)

Some free speech advocates have tried to inhibit the use of Internet filters on public library computers. The argument about whether or not an individual has the right to view adult pornography on a public library computer has been decided by the Supreme Court. In 2003 the Court ruled against the American Library Association and pornography producers by authorizing filtering of pornography from public library computers. Justice Stevens said, "The interest in protecting young library users from material inappropriate for minors is legitimate, and even compelling, as all Members of the Court appear to agree." In his concurring opinion, the late Justice Rehnquist cited an expert who said, "The librarian's responsibility...is to separate out the gold from the garbage, not to preserve everything." (see http://supct.law.cornell.edu/supct/html/02-361.ZC.html)

The law classifies child pornography differently from pornography depicting adults. Child pornography is unlawful everywhere but its potential for harm is sometimes underestimated. Apologists for the possessors of child pornography argue that the images are "only pictures" and that looking at images is acceptable and preferable to molesting a child. Such ridiculous rationalization was best refuted by Canadian Michael Brier, a viewer of Internet child pornography who murdered 10 year old Holly Jones in Toronto. He confessed that viewing the images made him "long for it" (the sex act) "in his heart." (see http://www.independent-bangladesh.com/news/dec/31/31122004wo.htm)

In one Arizona appellate case (State of Arizona v. Morton Robert Berger, 2004) the defendant argued that because his possession of child pornography was passive and because he did not use violence, his long prison sentence was unfair. Judges Ehrlich and Hall of the Arizona Court of Appeals disagreed. They said that such logic is abstruse and cited other courts that have decided that child pornography is a form of child abuse. According to the courts, possessors of child pornography support the child pornography industry and thus support the subordination of children. The court in Berger also said that consumers of child pornography provide an economic motive for its creation and continuation; absent such encouragement and enablement, these children would not have been abused as they were. (see Haslett, 205, Ariz. at 527 P11, 73 P.3d at 1262)

Other apologists for possessors of child pornography argue that no proven link exists between those who view child pornography and those who commit "hands-on" contact offenses. This argument was refuted when a study of prisoners in Federal custody for possession of child pornography found that a significant number had committed previously unreported acts of contact sex offenses against minors. (see http://www.kardasz.org/HernandezPrisonStudy.pdf)

Meanwhile the troubles involving offenders viewing child pornography in libraries continue. In 2004, a Pennsylvania man raped and choked an eight year old girl in a public library restroom after viewing pornography on the computers there. (see http://citypaper.net/articles/2004-04-08/cb.shtml) Other similar incidents throughout the United States have caused some library administrators to take notice.

While some libraries have taken affirmative steps towards protecting patrons from both adult pornography and child pornography, more work is needed. Investigators need additional tools to assist them in stopping child pornography in public libraries. I recommend the following additional steps to further improve library safety and assist law enforcement officers investigating child pornography incidents:

1. Those who use public library computers should be required to provide and enter identification information, if only a library card number, before being permitted to use the computers. The library card number should be preserved on the library computer servers for 90 days so that in the event of a crime investigators could obtain a subpoena and retrieve the information.

2. Computer software that filters pornography must be actively and carefully monitored in order to keep computers safe.

3. Libraries should adjust their computer server logs to capture information about all Internet (URL) locations visited by each computer, and retain the information for at least 90 days. The captured information would not be revealed to anyone without the appropriate court order.

4. Libraries should retain information about the library materials checked out and later returned by patrons for a period of 90 days after the items are returned. This information would not be accessible without the appropriate court order.

5. Libraries must acknowledge that library computers become Internet service providers as defined in Federal law and subject to the provisions of law that requires them to report child pornography when it is discovered on computers. (see http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002510----000-.html)

6. Surveillance video collected in public areas of libraries is public information. Persons whose images are recorded at the library are not in a place where they have a reasonable expectation of privacy. Copies of such videos should be provided to law enforcement officers upon request and without requiring a court order.

7. Those who use information from a stolen or fraudulently obtained library card in order to access Library computers should be investigated. The Arizona law against computer tampering (ARS 13-2316.A.8) makes the offense a class six felony. Other states have similar laws.

Implementing these recommendations will help make libraries safer for citizens and give law enforcement additional avenues for finding offenders when incidents occur.

I can be contacted by e-mail at kardasz@kardasz.org

Collin, Texas: Prosecutors say cooperation was lacking; criticism an attempt to deflect blame, founder says

By Tiara M. Ellis / The Dallas Morning News. 06/06/07

Collin County prosecutors say they dropped charges in 23 sex-predator cases stemming from stings in Murphy because they couldn't prove crimes were committed here. Part of the problem, they say, was a lack of cooperation from the Internet watchdog group that set up the stings.

That group, Perverted Justice, has fired back on its Web site, calling the prosecutors liars trying to deflect blame for the dropped cases.

Perverted Justice worked with Murphy police and the television show NBC Dateline last year to lure alleged sexual predators to a house in Murphy. They used a chat room decoy pretending to be a teenage boy or girl.

Last week, Collin County First Assistant District Attorney Greg Davis announced his office would not prosecute the cases, calling the evidence insufficient. He declined to comment further, citing an office policy.But queries from the public prompted him to write an e-mail this week giving a more detailed explanation.

"In many cases, we found that we had no legal jurisdiction to prosecute because legally the crime occurred outside Collin County," he wrote. "In many cases, we could not prosecute because Perverted Justice refused to answer our questions, refused to participate as witnesses, or refused
to turn over potential evidence."

He went on to say, "... We advised all concerned that we were in the law enforcement business - not show business."

Perverted Justice founder Xavier Von Erck sharply criticized Mr. Davis and his office in a lengthy Web posting.

He said members of his group were never asked for more evidence or to be witnesses. If they had been, he said, they would have cooperated completely.

"We've gone from questioning the competency of the Collin County prosecutor's office to questioning their sanity," said Mr. Von Erck, who describes himself as a 27-year-old from Portland, Ore.

Perverted Justice became involved at the invitation of Murphy Police Chief Bill Myrick and City Manager Craig Sherwood, neither of whom could be reached for comment this week. A scheduled interview was canceled.

For the Murphy sting, Perverted Justice volunteers spent weeks going into chat rooms pretending to be 13- and 14-year-olds. They waited for men to contact them, chatted online, then let Murphy police review the conversations, Mr. Von Erck said.

Mr. Von Erck said the Murphy house was used only after police said there was sufficient evidence.

Texas law does not require a meeting to take place for a crime to occur.

For the charge of online solicitation of a minor, the Internet chat is enough.

But to prosecute the cases in Collin County, Mr. Davis said in an interview Wednesday, the suspect or intended victim must be using a computer in the county or the Internet discussion must have run through a server in the county.

"If none of those are present that communication did not occur here and we can't prosecute even with a confession. They can confess here, but if a crime didn't happen here," Mr. Davis said. "In the majority of these cases that was the case."

Mr. Von Erck said in response to an e-mailed question that some of the Perverted Justice volunteers were in Collin County conducting chats, along with others doing the same in other parts of the country. But the group's server that recorded the chats was in Collin County, he said.

Mr. Davis said jurisdiction was only part of the problem. Perverted Justice volunteers hindered any further investigation by not cooperating, he said.

Mr. Von Erck said his volunteers received one phone call asking whether they had a contract with Murphy police and requesting a copy of the contract between Perverted Justice and NBC Dateline.

As proof of his group's value and its methods, he pointed to nearly 200convictions since the creation of the Web site in 2004.

California's Riverside County Sheriff's Department and districtattorney's office worked with Perverted Justice and NBC Dateline in 2006. They made 51 arrests, according to news reports and the PervertedJustice Web site.

He said that while Perverted Justice was helpful, his office "relied onthe sheriff's investigation and case preparation for the filing of criminal cases."

"A lot of people blur the lines because they think of informants orneighborhood watch groups. But you rely on them to provide you withinformation, not to do the investigations.

Before the Murphy operation, a Collin County prosecutor sent a letter toChief Myrick saying the district attorney's office would not take partin the planning or execution of the sting, but would "vigorously"prosecute any solid cases.

"I did not like the way the integrity of our prosecutors was beingattacked," he said. "I just did not want to let that go unchallenged,because I knew we had acted in full integrity."

Kardasz Testimony - April 6, 2006

Testimony of Dr. Frank Kardasz, Sergeant / Project Director

from the
Arizona Internet Crimes Against Children Task Force

for the
UNITED STATES HOUSE OF REPRESENTATIVES
COMMITTEE ON ENERGY AND COMMERCE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS

“Sexual Exploitation of Children over the Internet: What Parents, Kids and Congress need to Know about Child Predators"

Mr. Chairman and distinguished members of the Committee, thank you for permitting me to speak today. Arizona joined the Internet Crimes Against Children (ICAC) Task Force Program in 2000. We work cooperatively with our law enforcement colleagues from the FBI, ICE, Postal Inspection Service and the Secret Service. Although the names of our agencies differ, we all share the common goal of trying to keep children safe from Internet sexual predators and child pornographers.

The AZ ICAC Task Force has recorded over 2,000 investigations, with over 200 arrests. Although Arizona has the toughest laws in the nation against child pornography, this has not stopped the trafficking of unlawful images, and like all of our colleagues nationwide, we have many more solvable case files at the ready than we have personnel and resources to bring in the offenders. Sadly, while these cases await investigation, children and teens continue to suffer at the hands of sex offenders.

I have had the opportunity to speak with many citizen groups about Internet crime, and at the end of each presentation there is often some senior individual in the group who raises a hand and asks: "Why don't they just switch that whole dang Internet thing off!"...as if we have a control panel somewhere with a dial that we can turn and it will regulate Internet misconduct.

Legislation is the closest thing we have to an Internet control dial. Although opponents of controls argue that regulations are costly, imperfect and violations of constitutional freedoms, I sometimes wonder what the framers of the Constitution would have thought if they had known what we now know about computers and the Internet. Would they have permitted the Internet crimes against children that we are witnessing today?

I would like to talk about two things today: the threat from those predators who use social networking sites, and the legal help we need regarding data retention by Internet service providers. The luring of minors for sexual exploitation remains a continuing threat to our youth.

Beyond the chat rooms that predators have always frequented, social networking sites are now wildly popular. There are dozens of such free sites, including MySpace, Xanga, Friendster, Facebook, and others. Curious young people visit the sites every day and post images and personal information about themselves. They can browse and search for others according to age, sexual preference, zip code or school name. They can communicate with one another and then arrange to meet in person. And as you might imagine, the sites are also popular among sexual predators.

We received a phone call a few months ago from an Arizona woman who said that her young daughter, while using a social networking site, was contacted by a man from their neighborhood who was know to her as a registered sex offender. We found the mans web page where he described himself as a kindly lover of poetry, plants and flowers who was seeking female friendship for dating. Fourteen other young people were listed on his profile as friends with whom he had networked through the site. There was no mention on his profile that he is a high-risk registered sex offender in Arizona. Since that time the mans original web page is no longer available at the site, but there is nothing stopping him from re-subscribing to the same site or one of the many other sites under another assumed name.

The use of the sites by sexual predators remains a serious threat to the safety of our children. The problem will likely get worse before it gets better as kids flock to the sites and more communities, schools, libraries and businesses provide unrestricted Internet access through wireless access points that sometimes leave law enforcement investigations at a dead end. My written attachments contain some suggestions for improving the social networking site environment, but in the interest of saving time I do not wish to review them all now.

I would like to talk about an item of importance to my investigative colleagues nationwide. Last week I sent a survey to Internet crimes against children (ICAC) investigators at all of our nationwide affiliates throughout the United States.

The survey asked one question: What law could be created or revised to best assist the investigators who work cases involving Internet crimes against children?

The most frequent response involved data storage by Internet service providers and the retrieval of data from Internet service providers. What our people are telling us is that investigators need ISP's to retain subscriber and content information so that when legal process in the form of a subpoena or search warrant are served, there is data remaining with the ISP that will help the investigator find the offender.

Most ISP organizations are operated by conscientious and professional business people who are horrified by Internet crimes against children. Some ISP's have graciously extended themselves to help investigators. Some reluctant ISP's will only assist to the extent that the law mandates them to assist.

Mandating that ISP’s retain data is not a privacy violation. Law enforcement only needs the data preserved but not disclosed to us, except in response to legal process. Internet industry professionals may cite the financial burden of data storage, but consider the potential human cost of not retaining data. For example, when law enforcement is seeking a predator identifiable only by the information associated with his screen name, but the responsible ISP did not preserve the information, the investigation ends while the predator roams free. Based on the requests of my colleagues

I respectfully ask for two improvements to the law:

    1. That Internet service providers be mandated to retain information about subscribers for at least one year, with penalties for non-compliance.

    2. That Internet service providers be mandated to respond to subpoenas involving crimes against children investigations within one week of receiving a subpoena, and more quickly under exigent circumstances where a child is missing.

I will conclude by saying that investigators need your help in order to navigate those dark alleys of the Internet where they work diligently to help protect children. I recognize that turning the Internet control dial comes with a cost, but failing to turn the dial carries a greater human cost to our young people.

Thank you again.

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SUPPLEMENTAL MATERIALS TO THE TESTIMONY OF DR. KARDASZ

Internet Social Networking Sites

Recent disturbing incidents involving Internet crimes against children have been prominent in the media. In some incidents, the crimes have involved suspects and victims who met each other via Internet social networking sites. Social networking sites are places on the Internet where people can meet one another, communicate and interact. Social networking and communication are normal parts of the human experience.

The Internet has become an important venue for people to network and interact. Young people are naturally curious about themselves, about others, and about the world. The sites permit them to reach out to others from around the globe, sometimes with tragic results. There are many social networking sites. Some of them are listed below:

• Myspace.com • Facebook.com • Friendster.com • Dittytalk.com • Cozydating.com • Interracialsingles.net • Livejournal.com • Friendsfusion.com • Intellectconnect.com • Prisonpenpals.com • Zogo.com

Why are the sites popular?

Most of the social networking sites are free and supported by advertisers who hope users will buy products or services advertised on the sites. Young people who are curious and seeking relationships and new experiences visit the sites to find others.

How do the sites work?

Any computer with Internet access can be used to permit someone to join a site. Some sites require only that the registrant provide an email address and often there is no verification process to check the truthfulness of any of the information that a registrant provides. Most sites require that users abide by conditions and terms of use meant to thwart improper conduct, but enforcement is often lax. Once a registrant becomes a member, he or she can post personal information, images or other information depending upon the features available at the site. Unless a user chooses to enable privacy options, all the information posted may be visible to all other users of a site.

What are the dangers?

Those who misuse the sites may do so in many ways including:

Luring / enticement – Internet sexual predators and known sex offenders have used social networking sites to locate and lure victims.

Identity theft – Criminals steal the identities of those who post personal information.

Cyberbullying / harassment – Agitators post derogatory, hurtful or threatening information about others.

Stalking – Stalkers can use personal information posted to the sites to locate and pursue victims.

Fraud schemes – Criminals who wish to defraud others of money or property can locate victims, gain their trust, and then take advantage of that trust for criminal purposes.

Inappropriate sexual content – Some users post sexually explicit information that is inappropriate for young computer users. Prevention What can you do to protect yourself from those who misuse social networking sites?

Do’s and Don’ts

Don’t -

• post personal images • post your true full name • post your home or cellular phone number • post your true age or date of birth • post your true home or business address • post your school name or the grad that you are in • post your calendar of upcoming events or information about your future whereabouts.

Do -

• discuss Internet risks with your child • enter into a safe-computing contract with your child • enable computer Internet filtering features if they are available from your Internet service • consider installing monitoring software or keystroke capture devices on your family computer that will help monitor your child's Internet activity • know each of your child's passwords, screen names and all account information • put the computer in a family area of the household and do not permit private usage • report all inappropriate non-criminal behavior to the site through their reporting procedures • report criminal behavior to the appropriate law enforcement agency including the NCMEC Cybertip line or the Internet Fraud Complaint Center • contact your legislators and request stronger laws against Internet crime • contact the corporations who place advertisements on the sites and let them know that their advertising is helping to support inappropriate Internet behavior. Also, let the corporations know that you intend to boycott or discontinue using their product or services because of the behavior they are supporting. • visit the NCMEC Netsmartz Workshop at http://www.netsmartz.org for more information • remember that every day is Halloween on the Internet. People on the Internet are not always as they first appear.

Making Social Networking Sites Safer

The following suggestions would make social networking sites safer for users and more law- enforcement friendly.

o On every social networking site web page, display a clearly visible hyperlink permitting users to easily report misconduct.
o For new users, make the default settings for viewing and sharing all account information ‘private’. This means that new accounts would be automatically set to exclude others and to not share information. The new subscriber would have to actively choose to share account information by checking the appropriate boxes in the account settings section.
o On every web page, display a link to the national sex offender registry.
o Proprietors of social networking sites should install filtering software to eliminate users from posting obscene words.
o Require that all new users enter verifiable credit card information when first subscribing.
o Require that all subscribers pay a nominal monthly fee.
o Include a provision in the social networking sites terms of use that notifies users that they have no expectation of privacy with regards to any of the content they post and that law enforcement may obtain any and all of their postings through the use of a subpoena only - without a search warrant.
o Retain profile information for deleted accounts for 90 days.
o Remove the browse and search functions that permit users to locate one another.
o On every social networking site page, display a link to the Internet Crime Complaint Center for incidents of theft or fraud. Their link is www.ic3.gov
o Include an admonition on social networking sites profile pages advising users that revealing personal information could lead to identity theft or victimization by offenders who are intent upon harassment, stalking, fraud or identity theft.
o Preserve changes to user’s pages and the Internet protocol address associated with the changes for 90 days.

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SELECTED ICAC CASE STUDIES – ARIZONA ICAC TASK FORCE

Milwaukee Boy Found in Phoenix Home of Sex Offender

From the Arizona Republic, Aug. 23, 2005, Reported by William Hermann

Phoenix police say the experience of the 13-year-old Milwaukee boy they found Monday night in the company of a man they suspect of using the Internet to lure the child to town is one that parents need to take to heart.

Phoenix Police Sergeant Kardasz said Milwaukee police on Aug. 17 had received a missing persons report from the boy's mother. Investigators went into her son's computer and found that he had been communicating regularly with a person using a Phoenix wireless Internet site. "We went to the address of the wireless user and pretty quickly found he was an innocent person whose wireless service was being used by someone else," Kardasz said. "Through investigative work my staff established who was using the wireless connection, we watched his house, and soon the man drove up with the boy in his car."

At about 11:30 p.m. police arrested Vernon Monk, 31."The suspect had no ID and was using a false name and a fictitious license plate and pretending to be the boy's father to people in the neighborhood," Kardasz said. Monk was arrested for custodial interference and booked into a Maricopa County Jail. Police also learned that there is an outstanding arrest warrant on Monk from Seminole County, Okla., for a sexual offense against a minor. The boy was taken to the county's Juvenile Court Center to stay until his mother could arrange for his return home.

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Internet Sexual Predator / Traveler Arrested and Imprisoned

Offender: David Jackson Donan, w/m, age 61

In September 2003, an investigation began involving an unidentified person using the Internet screen name "Brasshatter." Investigators learned that "Brasshatter" intended to travel via commercial aircraft from Austin, Texas to Phoenix, Arizona for the purpose of meeting a minor to engage in unlawful sexual intercourse.

"Brasshatter" was later identified as David Jackson Donan, age 61, with residences in both California and Texas. On October 20, 2003 Donan boarded a commercial aircraft and traveled from Texas to Arizona. To groom and entice his intended victim, he brought several packages of the candy - Skittles. To aid in his intended unlawful sexual acts he brought nine sexual aide devices, KY Jelly, a male sexual enhancement drug, a prescription for Viagra, and a digital camera - all in his carry-on baggage.

Donan was arrested without incident upon his arrival at Phoenix Sky Harbor Airport. He made no statements and was booked. Arizona ICAC investigators and FBI agents in Arizona, California, and Texas worked cooperatively in the subsequent investigation and search of Donan's residences for evidence. They uncovered computer evidence, firearms and other sexual aid devices belonging to Donan. Later forensics examinations of his computer also revealed a collection of child pornography.

Computer evidence indicated that Donan had bragged during Internet chat conversations about having victimized children while he had visited Thailand many years ago. Donan waived his right to trial plead guilty to one count of the Federal offense: Travel with intent to engage in a sexual act with a juvenile (Title 18, Part I, Chapter 117, 2423b).

Donans' presentence report was not favorable with indications that he had prior "hands-on" offenses with as-yet unidentified victims. On September 29, 2004, he plead guilty in U.S. Federal District Court (Phoenix).

Honorable Earl H. Carroll presided. Judge Carroll sentenced Donan to 7 years, 3 months prison, followed by one year residence in a transitional facility, $25,000 fine and lifetime supervised release. -

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International Cooperation Leads to Child Pornography Trafficker

Offender: Lee McCulloch, w/m, age 26, resident of Gwent, South Wales, U.K.

Occupation: Factory worker, Marital status: single

Arrest Location: Abertillery, Gwent - South Wales, United Kingdom Charge: Distributing Indecent Photographs of Children (United Kingdom)

Sentence: Eight months prison, Sex offender registration for five years. Agencies involved: Arizona ICAC Task Force, Phoenix P.D., Phoenix F.B.I., Heddlu Gwent P.D. South Wales, U.K.

In April 2003, an investigator from the Arizona Internet Crimes Against Children Task Force / Phoenix P.D. initiated an investigation into an unidentified child pornography trafficker. the investigation led to an unknown suspect in the United Kingdom.

Working with the FBI and the Heddlu Gwent (UK) Police Department, investigators assembled a case that led to the identification and arrest of 26 year old Lee McCulloch in South Wales, UK. McCulloch, a factory worker, used computers at his home in the United Kingdom to collect and traffic images of child pornography with other nefarious Internet associates. cCulloch, who is unmarried, was arrested on November 28, 2003.

Investigators in the UK developed further information leading to twenty (20) other suspects there with whom McCulloch traded unlawful images of child pornography. On August 26, 2004, McCulloch was sentenced to 8 months in prison in the UK and five years of sex offender registration status.

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David Mojica Santos - Internet Sexual Predator

Arrest Date/Time: October 8, 2003, 1530 hours.

Offense: Luring a Minor for Sexual Exploitation

On October 8, 2003, David Mojica Santos, age 65, was arrested for luring a minor for sexual exploitation in northwest Phoenix. Santos first came to the attention of law enforcement in July 2003, when he used the Internet to solicit sexual conduct with a minor. Santos traveled from his residence in Mesa to a location in Northwest Phoenix where he intended to meet a minor for sex. He was arrested, booked, and subsequently released on bond. He later plead guilty to the court.

SENTENCING HEARING – STATEMENT OF SGT. KARDASZ

(The recent trend among judges in Maricopa County is to sometimes sentence such offenders to probation only, with no jail time. Anticipating this, we prepared a detailed statement to the sentencing judge. Here is an excerpt):

Your Honor, the innocent children we struggle to protect are unable to appear here today. They are children whose innocence was stolen by Internet sexual predators like this defendant. Most of those children will never come forward due to fear or a misplaced sense of guilt. A few of them, like 13 year old Kasie Woody of Arkansas, and 13 year old Christina Long of Connecticut, were forever silenced by Internet sexual predators. According to reports from the National Center for Missing and Exploited Children, one in five girls and one in ten boys will be sexually victimized before they reach adulthood, and less than 35% of these crimes will ever be reported.

The Internet provides an unparalleled opportunity for criminals to unearth themselves and victimize unwary young people. Research indicates that of the estimated 24 million child Internet users, one in five received a unwanted sexual solicitation, but only one in four told a parent.

Curious and innocent youngsters are flocking to the Internet seeking friendship and information but are instead finding sexual deviants and predators. My undercover investigators and I have witnessed no shortage of adults chatting on the Internet with the stated intention of sexually victimizing minors. Over the past few years our caseload has skyrocketed while our resources have not.

Our investigation of this defendant revealed that his Internet chat was not an isolated incident butpart of a series of ongoing offenses occurring against multiple victims over an extended period of time. He was not the unfortunate victim of a "sting" caught at the wrong place at the wrong time. He is a practiced Internet sexual predator. Forensics analysis of his computer revealed that he did not spend his idle time enjoying normal retirement hobbies or mentoring his family or community.

    This former missionary spent his day prowling cyberspace in search of young sexual prey. We discovered Internet chat conversations he had with four as yet unidentified girls aged fifteen, fourteen and eleven. In each of the chats he quickly turned the conversation to sex and began to manipulate each girl towards meeting him for sex.

    I am going to read brief excerpts of the chat conversations the defendant had with various young girls he contacted on the Internet. Much of the language is so sexually graphic that I will not repeat it verbatim.

"Do you like older guys?"
"Have you had sex yet?"
"Are you curious about having sex?"
"Do you think you would like to have sex sometime soon?"
"I wish I was next door to you....and then maybe not. I might rape you."
"What city do you live in....I was just wondering if there is a    large airport nearby."
"You just don't know how badly I want to (expletive) you right now."

And I will stop there your Honor because the conversations deteriorate graphically from there.

Your Honor, I have watched defendants in similar circumstances appear in these courtrooms arguing that everything they did was fantasy role-playing and that they were the unfortunate victims of zealous police operations. That's hogwash. Was it fantasy when this defendant drove over 20 miles from Mesa to Northeast Phoenix for the expressed purpose of meeting a minor for sex? Was it fantasy when the defendant brought condoms with him to the meeting? Condoms that he admitted that he does not use with his wife. Apologists for this defendant may look at his age and surmise that he has little capacity for future offenses - I disagree.

This defendant had the physical capacity to proudly display on the Internet, graphic sexual images of himself, captured with a computer web camera and in a variety of poses. In similar cases my colleagues and I have watched defendants receive minimal sentencing by other courts, only to re-offend later. In one recent case the defendant mocked the court by continuing to solicit minors for sex while the defendant was out on bond only days after his original arrest. In another of our cases, the convicted defendant, while free on probation, immediately began producing, acting in, and trafficking child pornography, including images of himself sexually abusing three young children under shocking and horrifying circumstances.

The Arizona law as it stands permits the court to exercise wide discretion in sentencing this offense. We trust that this court will act in the best interest of our community and send a strong message to this and all other Internet sexual predators. Finally your honor, we request that this court's judgment provide a message of reassurance to the children unable to appear in your courtroom today that their rights are being defended at this, the highest level of County justice.

SENTENCE - On June 18, 2004, Santos was sentenced before Judge Hotham of the Maricopa County Superior Court. He received ten months jail and lifetime probation.

November 04, 2007

Louisiana: Internet crimes task force makes various arrests

NWLA News.com. By Daniel Davidson. 10/29/07

The Internet Crimes Against Children Task Force (ICAC) has been hard at work busting locals for various offenses through the computer.

Charles Melton Edwards Jr., 32, of the 200 block of Childs Road, allegedly traveled to a Webster Parish convenience store to meet with what he thought was an underage girl. Instead of finding a little girl, he found himself being arrested by ICAC agents. Officers said Edwards admitted to being addicted to pornography and spending a lot of time on the computer.

“Instead of spending time with his own wife and children, he admitted to staying on the computer from the time he woke up until the time he went to sleep,” said Webster Parish Detective Scott Tucker. Edwards was arrested and charged with computer aided solicitation; indecent behavior; and attempted carnal knowledge. He was booked into Bayou Dorcheat Detention Center on $175,000 bond.

Other recent ICAC arrests are as follows:

-  Thomas Williams, of the 9,000 block of Deren Rd. in Mooringsport, was arrested for computer aided solicitation of a minor for sexual purposes; indecent behavior with a juvenile; possession of schedule II (Marijuana); possession of schedule III (Lortab); possession of schedule IV (Xanax); possession of drug paraphernalia; and illegal carrying of a weapon. He was booked into Caddo Correctional Center on a $158,405.50 bond.

- Matthew Walter Schueler, of the 5,000 block of Greenwood Road in Shreveport, turned himself over to Hammond police on an active warrant for computer aided solicitation of a minor for sexual purposes.

Retrieved November 3, 2007 from http://www.nwlanews.com/index.php?option=com_content&task=view&id=6317&Itemid=57

Tennessee: Internet Crimes Against Children Task Force arrests La Vergne man

The Dickson Herald. 11/02/07. By Heather Donahoe

A La Vergne man was arrested today and charged with receipt, possession and distribution of child pornography by Franklin Police Department's Internet Crimes Against Children Task Force, in conjunction with the US Secret Service. Brian J. Files, 46, was indicted recently by the federal grand jury of the Middle Tennessee district, according to a news release from Franklin Police. Charges against Files resulted from a lengthy investigation initiated by the Connecticut State Police Computer Crimes and Electronic Evidence Unit in 2004. Information obtained in that investigation led authorities to the Knoxville Police Department's ICAC unit, which coordinated with Franklin's unit on an investigation. Files was turned over to federal authorities today. A detention hearing for him is set for Tuesday.

Retrieved November 3, 2007 from http://www.dicksonherald.com/apps/pbcs.dll/article?AID=/20071102/COUNTY09/71102052

October 31, 2007

Michigan: Ex-soccer coach gets jail after Internet sex sting

10/30/07. By John Tunison. The Grand Rapids Press

Grand Haven - The Internet became an addiction for Kevin Wolters.

Specifically, the 36-year-old Holland man was hooked on "Internet sex," as his attorney described it Monday in an Ottawa County courtroom.

The problem continued until he caught the attention of two Internet crime task forces created to nab predators.

Wolters, a former boys soccer coach at Holland Calvary Schools, was sentenced Monday in Ottawa County Circuit Court to 270 days in jail for using a computer to accost a child for immoral purposes and using a computer to disseminate sexually explicit material to a minor.

He was placed on five years' probation and, during that time, may not have access to a computer nor be in contact with minors unless another adult is present. He must register as a sex offender.

Police said Wolters tried to solicit online what he thought were two 14-year-old girls. They turned out to be undercover officers with the State Police Internet Crimes Against Children Task Force and the Macomb Area Computer Enforcement Team.

During more than a month of online chatting in February and March, Wolters sent sexually explicit images of himself and talked about meeting to "engage in erotic fondling," according to a Macomb County prosecutor.

He was arrested in early April. Wolters' attorney, Robert Hamilton, said Wolters has been in sex-offender counseling since June 1. He was out on bond before being sentenced to the jail term Monday.

"This was, frankly, a situation where Mr. Wolters was addicted to anonymous Internet sex rather than seeking out a young woman," Hamilton said. "This was not a problem with someone who was a pedophile. "It's just something that got out of hand, a bad habit that became an addiction," he said.

In court Monday, Wolters made a broad apology.

Wolters was a 15-year coach with the Calvary Schools boys soccer team, serving as assistant coach for nine years and head coach for six years. Police said there was no evidence he had any inappropriate contact with soccer players.

Monday's sentence stemmed from charges through the state police task force. Wolters earlier was sentenced to a jail term in the Detroit area for contact with the Macomb task force.

Send e-mail to the author: jtunison@grpress.com

Retrieved October 31, 2007 from http://www.mlive.com/news/grpress/index.ssf?/base/news-38/1193770610172490.xml&coll=6&thispage=1

Georgia ICAC - Attorney Arrested on Child Porn Related Charges

Submitted by Brandon Long on Tue, 10/30/2007 - 5:04pm. News Crime

As a result of two search warrants executed today in Monticello by agents of the GBI’s Milledgeville Office, local attorney Roy R. Kelly, 59, has been charged with Sexual Exploitation of Children and with violation of the Georgia Computer Pornography and Child Exploitation Act.

The search warrants were executed at Kelly’s law office at 121 East Greene Street and at his residence at 573 College Street. Images of child porn were found on his office computer.

A tip was received from federal law enforcement partners that stemmed from an investigation into a commercial child pornography website. This tip was forwarded to the Georgia Internet Crimes Against Children Task Force at the GBI which led to the investigation of Kelly. After his arrest, Kelly was transported to the Jasper County Jail.

As the investigation continues, additional charges are possible. The Internet Crimes Against Children Task Force (ICAC) is a multi-jurisdictional task force that investigates and prosecutes individuals who use the Internet to exploit children. The task force is funded by a grant from the Office of Juvenile Justice and Delinquency Prevention and administered through the Georgia Bureau of Investigation. The GBI’s administration of the ICAC Task Force is in keeping one of the mandates established by Governor Perdue’s Child Safety Initiative.

Source: GBI News Release

Retrieved October 31, 2007 from http://www.wmgt.com/node/4992

October 28, 2007

Pennsylvania man charged with child porn did time for killing stepson

By Chuck Biedka. Valley News Dispatch. 20/25/07.

A former New Kensington (Pennsylvania) Cub Scout leader now charged with having child pornography served almost 10 years in prison for killing his toddler stepson. Daryll Gene Hepford, 49, of Sherman Street, is accused of having child pornography and using the Internet to send six pornographic movie files to what he thought was a 14-year-old girl. The "girl" turned out to be a state trooper.

Pittsburgh Scouting spokesman Bob DeWitt said he didn't know about a Hepford's 1978 murder conviction. He said the Greater Pittsburgh Council is investigating it along with Hepford's tenure with Cub Scout Pack 134 in New Kensington.

Scouting officials said he was part of Pack 134 in the late 1990s. At one point he was the Cubmaster. "We checked with the Pack and we feel really confident that there was no inappropriate act in the context of Scouting," said Mike Surbaugh, Scouting executive for the Greater Pittsburgh Council, which oversees about 50,000 Scouts. "This is incredibly unusual for us."

According to court records, Hepford was found guilty 29 years ago of third-degree murder in the death of his 21-month-old stepson in Lower Paxton Township, Dauphin County. At the time of the boy's death, Hepford was working for a security company and was a member of the National Guard. He was married and he and his wife also had another child. Records show Hepford's stepson died on Feb. 22, 1978. Hepford told police that he was watching TV that afternoon when he heard a "thud" and went to see the boy face down near a mattress. He said the boy was "rubbery legged and unable to stand," and he took him to the restaurant where his wife was working. The boy was then driven to a hospital. The child had injuries to his abdomen and died that night. Hepford was later charged with murder. During trial, Hepford's attorney said there was evidence that the boy was prone to falling. However, a doctor insisted the injuries couldn't have happened from an accidental fall. Hepford was sentenced to 10 to 20 years in state prison. According to state Department of Corrections records, Hepford began the sentence in February 1979 and released on parole in June 1988.

Surbaugh said Hepford's 1978 conviction for the death of a child should have ruled out his service as a Cub Scout leader. Until 2003, when Scouting started to use a paid service to check backgrounds, the screening was done locally. "We relied on friends, neighbors and religious leaders" to tell Scout leaders if there was a problem, he said. Surbaugh didn't know what type of screening was done for Hepford or who vouched for him. He also didn't know if someone called the state police or state corrections officials to check databases. Scouting now uses a paid service to check nationally for criminal records or other reasons that would preclude a leader candidate from being around Scouts, he said.

In the child pornography case, Hepford is charged with having contact with a minor or a law enforcement officer assuming the identity of a minor and transmitted obscene or sexual materials to that person.

He also is charged with sexual abuse of children for possessing materials that depicted a child younger than 17 engaging in a prohibited sexual act or simulation of a sexual act.

Hepford was released on $25,000 non-cash bond pending his Dec. 6 preliminary hearing.

Chuck Biedka can be reached at cbiedka@tribweb.com or 724-226-4711.

Retrieved October 28, 2007 http://www.pittsburghlive.com/x/tribunereview/news/westmoreland/s_534492.html

October 14, 2007

Media relations for ICAC cases

The following link goes to a presentation regarding media relations specific to ICAC investigations. The information may be useful to investigators, prosecutors and administrators who supervise cases involving Internet crimes against children:

http://docs.google.com/Present?docid=ddhxr8zh_111f64rgg&fs=true 

ICAC Orientation and Wellness for Investigators and Prosecutors

ICAC Investigators and Prosecutors -

Click the link below for a short slide presentation. The presentation is an orientation to unlawful images and provides information about employee wellness:

http://docs.google.com/Presentation?id=ddhxr8zh_136fv9ccqg4

 

October 07, 2007

Federal Prosecutor Accused In Sex Sting Commits Suicide

October 5, 2007

MILAN, Mich. - John D.R. Atchison, the federal prosecutor who was arrested in an Internet sex sting after he allegedly traveled to Michigan from Florida to have sex with a 5-year-old girl, hanged himself in a Michigan federal prison Friday morning.

Atchison, 53, of Pensacola, Fla., was put on suicide watch after he used a bed sheet in an attempted suicide in September.

Detroit police confirmed Atchison's suicide death at 10:14 a.m. Friday. They have not released any details.

Atchison was a married father of three and a respected figure who coached girls' softball and basketball in a park a few blocks from his home in this well-to-do beach community.

Atchison had been communicating with an undercover sheriff's detective from Macomb County, Mich., who was posing online as the fictitious girl's mother and arranged for him to have sex with the child, police said.

He was arrested carrying presents for her, including a doll and earrings, and sexual materials, officials said.

"There were no red flags. He was normal. He went to work at the courthouse Monday through Friday. It's not like he carried dolls to the ballpark," said police Lt. Rick Hawthorne, who knew Atchison for more than 10 years and coached softball.

In the community that once applauded Atchison for his dedication to youth sports, people now worry that the assistant U.S. attorney might have held other secrets. But authorities have so far found no cases of child molestation in Florida involving Atchison.

The Pensacola mayor has tried to reassure parents and other residents alarmed by Atchison's arrest. "There was nothing involving local children and there should be no implication that there is," he said.

As a federal prosecutor, Atchison mostly worked on tax and financial crime cases. According to court records, it appears he never prosecuted child sex abuse cases.

Atchison's attorney, James C. Thomas, released a statement Friday: “We are deeply saddened to learn the death of John Roy Atchison. Our heartfelt regrets go out to his wife and children, his parents and his brothers and sisters. This is a man who has done a lot of good in his life. Unfortunately, he is going to be judged by his most recent charges and what we have read in the media, and not by the goodness, hard work or by the love of his family. I expect to be filing a Suggestion of Death and will request the federal judge to dismiss the case once I receive the necessary documents.”

Atchison was charged with three felonies, the most serious of which is crossing state lines with intent to have sex with someone under 12. Conviction carries a minimum 30-year prison sentence and a maximum of life.

Retrieved October 6, 2007 from clickOnDetroit.com. The Associated Press contributed to this report.

August 31, 2007

AZ ICAC Task Force arrest: Ronald Sirull

Valley man arrested on molestation charges

By Rebecca Taylor / 3TV (Phoenix AZ), 08/30/07

A Valley man famous for putting smiles on kid's faces is now accused of molesting them. Ronald Sirull is a traveling skydiver, famous for parachuting with his pooch. Sadly, police say the dog might have been a ploy to lure kids for pornography. Plunging from airplanes, landed Brutus the dog in the Guinness Book of World Records.

His owner Sirull, 50, landed himself behind bars. Police say he sold kiddy porn to undercover detectives. “Five of those photographs, there was more, but 5 actually showed Mr. Sirull engaged in sex acts with young boys,” said. Sgt. Joel Tranter.  Sirull was arrested Friday, at a Kinkos, where police say he worked and kept pornography. His home computer was also seized.

“God you never know, never know who you can trust,” neighbor Jill Pierce said. Pierce lives next door to Sirull who she describes as a recluse. “His dog was adorable, run up and down, friendly little guy,” Pierce said. “Usually too you think animals are some kind of indication of their owner, nice well rounded dog, then usually the owner's like that too, you'd think.”

While ringing the doorbell, we could see inside Sirull's home near 40th Street and Thomas Road. In the bedroom, there are stuffed-animals, Spiderman figurines and baby oil on the window sill. Detectives believe the  boys in the photographs live here in the Valley, but don't know their identity. It's possible kids outside Arizona were victimizes as well using Brutus as bait. “Particularly in the summer months, and during air show season he routinely traveled through out the country,” Tranter said.

Sirull has been charged with 12 counts of child pornography, and 5 counts of sexual misconduct with a minor. Police also found marijuana inside his home.

As for the dog, police assure us he is safe.

Retrieved August 31, 2007 from http://www.azfamily.com/news/local/stories/KTVKLNews20070830_sirull.8834211b.html

Persons with information about Ronald Sirull should call Det. Jerry Barker of the Phoenix Police Department at 602-495-0681.