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

• 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

Here is a link to a list of decision making process that may be useful to those who must educate others about ethics: http://www.kardasz.org/Decision_Making_Tools.html

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South Tucson (Arizona) police officer fired after probe

June 19th, 2008. Associated Press

A South Tucson police officer has been fired after becoming the focus of an FBI and IRS probe.

Lieutenant Richard Garcia came under suspicion of cashing checks intended for the city and its police department. Garcia was the second-highest ranking officer in the department. He was fired last week.

City manager Enrique Serna says South Tucson officials became aware of the federal investigation about a month ago. Garcia was promoted to lieutenant in May and would have marked his 13th year with the department later this month, city officials said.

Retrieved June 20, 2008 from http://ktar.com/index.php?nid=6&sid=871757&r=1

HICKORY, North Carolina - Every law enforcement officer has a sore spot. For some it’s abusive husbands or people who take advantage of the elderly.

For State Bureau of Investigation Special Agent Christopher Haas, it’s Internet predators, and his work with the North Carolina Internet Crimes Against Children Task Force gets personal.

“I have 6-year-old and 12-year-old daughters, so it certainly brings it home,” said Haas, 43. “When I talk to parents, I’m one of them. I’m having to learn as I go just like they do.”

Haas, along with Special Agents James Lewis and Alexis Carpinteri of the Federal Bureau of Investigation in North Miami Beach, were recognized earlier this month by the National Center for Missing and Exploited Children, the Fraternal Order of Police and the U.S. Department of Justice’s Office of Juvenile Justice and Delinquency Prevention for shutting down a child pornography ring.

Kenneth Rich, the ringleader of the child pornography ring, was sentenced to jail time this month as Haas, Lewis and Carpinteri were receiving their award.

The three were guests of honor at the 13th Congressional Breakfast in Washington, D.C., on May 7. They received plaques commemorating their recognition afterward by John Walsh, co-founder of NCMEC and host of “America’s Most Wanted,” at the NCMEC headquarters in Arlington, Va.

N.C. Attorney General Roy Cooper, who has been proactive in the fight against crimes against children, praised Haas and the task force for their continuous effort to find and arrest Internet predators.

“Our agents are dedicated to protecting children and I’m proud of the work they’re doing to make our communities safer,” Cooper said. “This award is well deserved.”

The child pornography ring at the center of the investigation used the Internet to share Web casts of children as young as 5 years old being sexually abused.

Haas began his side of the sting by chatting with Rich in what he calls an “incest chat room.” Officers with the Hickory Police Department, who, like Haas, are on the North Carolina Internet Crimes Against Children Task Force, helped Haas. Lewis and Carpinteri were the links on the Miami end.

“Rich distributed numerous movies and images of child pornography to me and also displayed his 5-year-old daughter on Web cam,” Haas said. “Literally, within a day, I flew down and a search warrant was issued on his residence.”

From the first communication with Rich, the sting progressed like dominoes falling, police said. Rich told agents about a father in Texas whom he had watched molest his two daughters over a Web cam, which led to that man’s arrest. That man, in turn, gave up two more people involved in the ring of abusive fathers.

In total, the FBI has saved 12 children who were victims of the pornography ring.

Haas is one of 10 law enforcement officials on the state’s ICAC. ICAC is a nationwide network of law enforcement officials and prosecutors working to protect children from Internet predators.

Retrieved May 21, 2008 from http://www.hickoryrecord.com/servlet/Satellite?pagename=HDR/MGArticle/HDR_BasicArticle&c=MGArticle&cid=1173355534750

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

Here is a link to a handy list of decision making process gathered from some knowledgeable sources: http://www.kardasz.org/Decision_Making_Tools.html

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Laredo, Texas - Ex-cops now reside in fed prisons 

05/12/2008 By Julian Aguilar, Laredo Morning Times (LMT online)

As Laredo waits to see who is chosen as police chief to bring integrity and unity back to the Laredo Police Department, three men responsible for LPD's recent woes find themselves hundreds of miles from the place they used to call home.Former police chief Agustin Dovalina, Sgt. Alfonso Santos and Lt. Eloy Rodriguez were each sentenced to about three years in federal prison by U.S. District Judge George P. Kazen last February.
 
The trio all pleaded guilty to a federal charge of conspiring to commit in a scam that saw more than $95,000 in cash wrenched from owners and operators of popular maquinita gambling establishments that were paying out more than state law permits.

The policemen took the cash in exchange for protecting the businesses from law enforcement interference.

Dovalina
Chris Adams, the public information officer for the federal detention center El Reno-FCI in Oklahoma confirmed Dovalina, 52, is currently serving his time at the medium-security facility.
The prison has an adjacent satellite camp on its premises that houses minimum-security inmates. The unit the former chief is serving his time in is not public information, however, according to Adams.

The facility is in Central Oklahoma, about 950 miles away from Laredo. According to the Bureau of Prisons Web site, Dovalina's projected date of release is November 2010. Adams said the date is contingent upon Dovalina steering clear of any trouble while serving his time.

Adams said that according to U.S. Bureau of Prisons policy, information concerning whether an inmate is assigned any work detail or other related information is not made available to the public unless written permission is granted by the inmate.

Santos
Santos, 52, is scheduled to be released from the FPC Duluth detention facility in Minnesota in September 2010, according to T.K. Rhodes, a prison spokeswoman.
The federal prison camp houses minimum-security offenders and is located on what used to be the Duluth Air Force Base near Lake Superior.

The detention center is halfway between Minneapolis and the Canadian border with the U.S. and is about 1,560 miles from Laredo.

Rodriguez
According to the Bureau of Prisons Web site, Rodriguez, 45, is serving his time in the USP Leavenworth detention facility in Leavenworth, Kan.
The facility is a medium-security prison but also has an adjacent satellite camp where minimum-security offenders are housed. Rodriguez's projected release date, according to the Web site, is December 2010. The facility is about 25 miles north of Kansas City, Kan. and 960 miles from Laredo.

Like Dovalina's release date, Santos' and Rodriguez's release dates may also be changed should the inmates run afoul of the rules of their respective facilities.

The bribery deal
Santos and Rodriguez were the first officers arrested in July 2007. The two were charged with accepting the bribes on an almost weekly basis in 2006 until November of that year when the transactions abruptly ended. Linh "Larry" Tuan Do, the former owner of the popular Entertainment World who initially did business with Rodriguez and later Santos, began cooperating with federal authorities and provided the evidence that led to the cops' arrests.
Rodriguez was also charged with multiple counts of cocaine possession but he and Santos agreed to cooperate with authorities and all charges, with the exception of conspiracy to commit extortion, were dropped.

The indictment also mentioned an unnamed co-conspirator that many assumed to be Dovalina because of his close relationship with Santos.

In October, Dovalina abruptly resigned as the chief of the Laredo Police Department. Four days later, the 30-year veteran of the force walked into Judge Kazen's courtroom and pleaded guilty to the same charge.

Restoring integrity
Since the scandal, city leaders have worked in earnest not only to find a new chief, but also to help restore integrity to the force and the city.
During sentencing, Kazen openly admonished all three former cops for smearing the reputation of the entire police force, which he said, was predominantly comprised of legitimate and honest cops.

Months after the scandal broke; the popular game rooms were still operating openly throughout the city.

Crackdown
In January, however, the police department began cracking down on the gambling parlors, seizing machines and cash and making arrests of operators and owners.
Once popular establishments that used to have overflowing parking lots even before nightfall now sit empty and abandoned. Some have fading "For Lease" signs while others have been transformed into restaurants or other businesses.

While Laredoans forget that the buildings were once hotbeds for illegal gambling, city officials undoubtedly hope the memories of the scandal that made headlines statewide will also begin to fade with time.

(Julian Aguilar may be reached at 728-2557 or by e-mail at jaguilar@lmtonline.com)

Retrieved May 12, 2008 from http://www.zwire.com/site/news.cfm?newsid=19681280&BRD=2290&PAG=461&dept_id=569392&rfi=6
 

• 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

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:

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

• 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

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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

Americans reported $240 million in online fraud losses in 2007 to the Federal Bureau of Investigation, an increase of $40 million from 2006, according to the FBI’s National White Collar Crime Center.

The FBI’s Internet Crime Complaint Center in 2007 received 206,884 complaints, of which 90,000 were referred to various law enforcement agencies, according to the FBI’s 2007 Internet Crime Report released last week.

"The Internet presents a wealth of opportunity for would-be criminals to prey on unsuspecting victims, and this report shows how extensive these types of crime have become," said FBI Cyber Division assistant director James E. Finch, in a statement. "What this report does not show is how often this type of activity goes unreported."

Median dollar loss in 2007 per complaint was $680, according to the FBI. Also, men lost on average $1.67 to every dollar women lost in online fraud last year, the FBI said.

Online auction fraud was the most-reported online crime last year, accounting for 35.7% of complaints, the FBI said. Non-delivery of goods or services was No. 2, accounting for 24.9% of complaints. So-called confidence scams accounted for 6.7% of complaints in 2007, credit-card fraud accounted for 6.3%, check fraud accounted for 6%, and computer fraud accounted for 5.3%.

Surprisingly given all the press attention they get, identity theft accounted for just 2.9% of all complaints and Nigerian letter fraud or 419 scams as they are also called, accounted for 1.1% of all reported online fraud, the FBI said.

The highest dollar loss per crime reported was from investment scams with a median loss of $3,547, the FBI reported. Check fraud was No. 2 at $3,000 and Nigerian letter fraud was No. 3 at $1,922, the FBI said.

Also, men were more often perpetrators and victims of online crime than women in 2007,