Legislature(2007 - 2008)CAPITOL 120
02/15/2008 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Overview(s): Child Sexual Exploitation on the Internet | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 15, 2008
1:12 p.m.
MEMBERS PRESENT
Representative Jay Ramras, Chair
Representative Nancy Dahlstrom, Vice Chair
Representative Ralph Samuels
Representative Max Gruenberg
MEMBERS ABSENT
Representative John Coghill
Representative Bob Lynn
Representative Lindsey Holmes
OTHER LEGISLATORS PRESENT
Representative Anna Fairclough
COMMITTEE CALENDAR
OVERVIEW(S): CHILD SEXUAL EXPLOITATION ON THE INTERNET
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
FLINT WATERS, Special Agent
Wyoming Internet Crimes Against Children Task Force (ICAC)
Cheyenne, Wyoming
POSITION STATEMENT: Presented an overview on Child Sexual
Exploitation on the Internet.
ANNE CARPENETI, Assistant Attorney General
Legal Services Section
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Answered questions during the overview of
Child Sexual Exploitation on the Internet.
RON TIDLER, Detective Sergeant
Cyber Crimes Unit
Anchorage Police Department (APD)
Municipality of Anchorage (MOA)
Anchorage, Alaska
POSITION STATEMENT: Testified during the overview of Child
Sexual Exploitation on the Internet.
DEREK DEGRAAF, Sergeant
Alaska Bureau of Investigation
Division of Alaska State Troopers
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Testified during the overview of Child
Sexual Exploitation on The Internet.
ACTION NARRATIVE
CHAIR JAY RAMRAS called the House Judiciary Standing Committee
meeting to order at 1:12:15 PM. Representatives Samuels,
Gruenberg, Dahlstrom, and Ramras were present at the call to
order. Representative Fairclough was also in attendance.
^OVERVIEW(S): CHILD SEXUAL EXPLOITATION ON THE INTERNET
1:12:35 PM
CHAIR RAMRAS announced that the only order of business would be
the overview regarding child sexual exploitation on the
Internet.
1:13:52 PM
FLINT WATERS, Special Agent, Wyoming Internet Crimes Against
Children Task Force (ICAC), related that the ICAC Team is
located in Cheyenne, Wyoming in the District Attorney's office
and is comprised of five special agents consisting of one
Homeland Security agent, one Federal Bureau of Investigations
agent, and three support staff. The ICAC team concentrates on
the use of the Internet to exploit children. Agent Waters said
that his agents are trained in Internet undercover operations as
well as computer forensic examinations. The team is partially
funded by the federal Office of Juvenile Justice and Delinquency
Prevention. He explained that his office encounters some
bizarre material such as in "snuff" sites, which he said refers
to chat rooms for people looking to kill a person for sexual
pleasure. During his undercover operations in snuff chat rooms
several people approached him to purchase children with the
purpose of killing them, and were apprehended and prosecuted.
REPRESENTATIVE GRUENBERG inquired as to whether much of that
type of activity is international.
AGENT WATERS answered that the cases he made stemmed from
discussions in United States chat rooms.
AGENT WATERS began his slide presentation and offered examples
of men posing as girls. In one instance a local man arranged to
meet 13-year old Wyoming girl at the local mall for sex. The
perpetrator knew the mall since he was working at the mall.
Agent Waters advised members that a week after Christmas, he
arrested "Santa Claus" at the mall when he arrived to meet the
13-year old girl. He stated that it is not uncommon for these
criminals to place themselves in trusted positions to gain
access to children.
AGENT WATERS explained that the ICAC initially began its work in
chat rooms, but has moved to other arenas such as instant
messaging on cell phones. He stated that ICAC does reactive and
proactive investigations. He gave an example of a reactive
investigation, such as when a parent notifies ICAC that their
10-year old has been targeted on the Internet. In those
instances, the agent will compile the information and take the
identity of the child to apprehend the offender. In proactive
investigations, ICAC agents pose as children or co-conspirators
for these offenders to contact. He described cases to convey
that the crimes are local and interstate crimes.
AGENT WATERS spoke of his undercover work to locate and identify
persons targeting children for sexual exploitation or
trafficking child pornography. His agents' primary focus is to
insert themselves between the predator and the child in ICAC's
care. In some instances his unit has located predators that
have previously raped or molested children and are targeting
other children for abduction.
AGENT WATERS presented examples of several chat rooms
specifically designed for "Yahoo teens." He stated that one
site is set up to trade pornographic photographs. Another site
targets specific age groups from ages 9-14. He explained that
ICAC, in conjunction with the National Center for Missing and
Exploited Children, worked with Yahoo to shut down some of the
sites and make it more difficult to find such chat rooms.
Sexual offenders often refer to themselves as "real" which he
said is a theme often used by perpetrators to identify real
people to victimize.
AGENT WATERS showed the committee some Internet Relay Chat
(IRC). The names of the chat rooms are very specific for the
types of interests, he said. He showed a slide depicting an
actual chat with a suspect while working undercover. He said
that as disturbing as the material is to members, it is common
material on the Internet. He stated that while ICAC is
attempting to leverage the technology to find such predators,
and at the same time the predators are trying to leverage the
technology to locate children as potential victims.
AGENT WATERS displayed a screen, which displayed a cell phone
chat system. Children ages 9-11 year old can sign up and their
instant message chats are sent to everyone on the site. A
person in Wyoming contacted a girl, posing as a 17-year old boy,
and over a period of time convinced her to take sexually
explicit photographs of herself using her cell phone. Agent
Waters pointed out that the specific activity occurred by cell
phone. Of course, the perpetrator wasn't a 17-year old boy, but
was a middle aged man in Virginia, Agent Waters said. Once the
perpetrator was apprehended, law enforcement agents found
hundreds of photographs of victims. He highlighted that
offenders demonstrate extreme-needs behavior. He described an
instance in which a trafficker of pornography was arrested,
served time, and immediately upon release from prison, stopped
in a computer store and started downloading pornographic
material again.
AGENT WATERS stated that during his undercover operations when
he poses as a child, he is contacted by offenders who arrange
for sex acts, meetings, or who want to solicit the manufacture
of child pornography.
[Chair Ramras turned the gavel over to Vice Chair Dahlstrom.]
AGENT WATERS described several typical cases and provided
details of cases that demonstrated instances of perpetrators
attempting to abduct girls ages 9-13.
1:27:45 PM
AGENT WATERS stated that in one instance, a perpetrator
discussed his child pornography freely. However, the
perpetrator also had a methamphetamine pipe in his pocket during
the arrest, which he repeatedly insisted was not his.
AGENT WATERS spoke of another perpetrator, who boasted about
mastering young girls and having tons of pictures. Agent Waters
was on-line, and posed as a mother with a 9-year old daughter
and 7-year old niece. The perpetrator sent hundreds of images
of child pornography and requested to violently rape the two
girls.
AGENT WATERS played the initial contact he'd received from one
man who wanted to know what the child would be allowed to do
sexually. He said that in less than two minutes, the man
committed the federal crime of soliciting the manufacture of
child pornography. Agents ultimately arrested the perpetrator
and his roommate. The perpetrator claimed he'd been watching
children walk to school every day, wanting to rape them, but the
perpetrator said he had not acted on his impulses.
1:32:35 PM
AGENT WATERS said that sentencing differs in various states. He
said that he wants individuals to know that agents have
infiltrated chat sites to help curb activity. He stated that
many offenders film children under the age of eight, and he
opined that many films are of infants and toddlers, 30 to 40
minutes in length and contain audio with sounds of children
crying or calling out for help as they are abused.
AGENT WATERS advised members that these perpetrators often
attempt to justify or normalize their behavior. He related that
his work now spans 18 countries through the International
Criminal Police Organization (ICPO). He showed a slide of the
th
6 International Conference on Cybercrime in Cairo. He
explained that one operation, with over 800 investigators, which
represents the largest proactive undercover operation. He said
that he trains investigators from England and Finland, and that
one Finnish officer found a lead that led to a case in Wyoming,
which helps to illustrate the distances the perpetrators are
from their potential victims.
AGENT WATERS related that perpetrators use Internet software and
that his agents use software that goes behind their software to
help identify the offenders. He opined it is easier to download
a pornographic movie than it is to rent a regular movie.
AGENT WATERS referred to search terms frequently. He showed a
slide that lists distributors for downloads of child
pornography. He stated that agents are able to document
individual computers by use of a serial number and do not solely
identify the "IP" address. He said that ICAC law enforcement
agents have identified over 570,000 unique computers being used
in the United States to download pornography.
1:37:24 PM
AGENT WATERS showed a depiction of a map of the United States
that demonstrates the level of child pornography distributors
trading child sexual abuse images in a single day, along with
the computer location. He showed the number of site locations
since January 1, 2007 which demonstrates the level of saturation
throughout the United States. He pointed out that the density
directly corresponds with population centers.
AGENT WATERS pulled up a grid within the map that displayed dots
that depicted 392 distinct computers [in an area of Alaska] that
had been identified as being involved in pornography. He said
that his agency has modified the system so that once
administrative subpoenas identify the specific addresses. He
noted that with today's technology, ICAC's agents can generate
live maps in their vehicles for use in surveillance efforts.
AGENT WATERS stated that the scope of the problem is staggering.
Agent Waters said he started his work solely because Wyoming is
a large remote state and yet child exploitation is routine.
[Vice Chair Dahlstrom returned the gavel to Chair Ramras.]
AGENT WATERS gave an example in which a 2-year old girl was
abused by her father on her changing table. The man would film
the abuse, and sell it on the Internet. He displayed a
distribution map that represented the pattern that showed the
initial distribution, the distribution of the films 5 days
later, and then 10 days later, depicting the spread of the
film's distribution, which was dramatic.
1:42:28 PM
AGENT WATERS conveyed a sense of the problem by stating that
once the computer photographs are distributed, they do not
disappear, but can surface at any time during the child's life.
He said that victim's families often find that the Internet
compounds the trauma for victims and their families for 5 or 10
years later. He gave several real life examples to demonstrate
the harm that befalls victims.
1:45:16 PM
AGENT WATERS said that the U.S. leads the world in the volume of
child pornography on the Internet, due to the high level of
broadband saturation and high volume of computer use in the U.S.
However, per capita the U.S. drops to seventh in the world.
AGENT WATERS opined that software is available to assist law
enforcement to identify and display the worst offenders. He
said some offenders distribute films to rationalize and
normalize their own behavior because the sharing helps the
perpetrator feel that lots of people do what he/she is doing, so
it must be okay.
AGENT WATERS produced a video clip of a man who worked in a
clinic who victimized children in comatose states.
1:49:10 PM
AGENT WATERS stated that two separate studies that showed that
over 80 percent of offenders serving time for child pornography
had prior convictions for molesting children. He highlighted
that the studies showed that prior to sentencing, 210 victims
had been identified and as a result of the study, over 3,000
offenders were identified.
AGENT WATERS offered that the National Center for Missing and
Exploited Children, the University of New Hampshire, and the
U.S. Department of Justice conducted a study that showed that 40
percent of the cases involving child pornography possession also
included child sexual victimization in some form. He recapped
that the studies show that 30 to 80 percent of the individuals
that have been involved in child pornography are contact
offenders, as well. He referred to specific slides that
identified statistics that highlighted the number of
transactions uncovered in Alaska. He estimated that computer
serial numbers are identified about 50 percent of the time. He
said that his statistical information was not compiled using
information on Internet sites such as, Facebook, MySpace, or
social networking computers, in order to demonstrate the level
of child exploitation, which is rampant, he opined.
AGENT WATERS surmised that only two law enforcement agents in
Alaska have been trained to use the ICAC methods to identify and
find offenders in order to remove them from communities. He
stressed that critical pieces include training to issue search
warrants, conduct interviews, recover the information from the
computer, and to attempt to locate the children. He noted that
ICAC offers free courses and the State of Wyoming covers his
training costs.
AGENT WATERS opined that as forensic examinations are conducted,
the physical examinations of the children and digital
examinations of evidence will uncover more cases, which will
lead to the need for more prosecutors, an increase in prison
demand, and the need for more social services for victims and
offenders. He highlighted that one of the big hurdle is to
translate the IP address to a physical location. The Wyoming
constitution did not allow execution of extraterritorial search
warrants outside the state until Wyoming obtained administrative
subpoena authority to do so. He explained that in Wyoming, he
must take individual cases to the attorney general in order to
obtain subpoenas.
1:59:37 PM
AGENT WATERS displayed a screen showing the worst offenders and
the number of times the offender has been seen in the last 30
days. He pointed out that the top offender in Fairbanks has
been seen in Fairbanks 52 times in the last 30 days. He
scrolled slowly through the information by community, but noted
that law enforcement officers would have access to more detailed
information to assist them.
AGENT WATERS continued to show informational slides that
illustrated the numbers of perpetrators and level of activity in
other communities in Alaska. He said that law enforcement can
use these computer tools to make local investigations and not
have to bring in experts from other places. He noted that
warrants have been effective and he is not aware of any warrants
that have been overturned. He said that ICAC has a 96 percent
conviction rate on these types of cases. He explained that ICAC
does not always prove the names of the victims that have been
targeted, but when the offender is convicted and taken off the
street, those victims are no longer being molested and
exploited.
CHAIR RAMRAS inquired as to whether Ms. Carpeneti could provide
a broad sense to the committee on Alaska's resources to combat
child exploitation and whether the state's laws are adequate
with respect to warrant searches.
2:05:08 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), pointed out
that the governor's crime bill, HB 323, which has already had
one hearing, contains provisions specifically allowing them
extraterritorial search warrants. She said HB 323 has other
provisions dealing with search warrants, which is one area that
still needs to be addressed in Alaska procedural law. Other
areas in terms of search warrants will make investigators jobs
easier by allowing telephonic search warrants. She explained
that currently investigators are limited to specific cases in
which evidence may be in jeopardy of being lost. She offered
that the bill does help in that regard. She inquired as to
whether Agent Waters could suggest other areas to add.
2:06:12 PM
AGENT WATERS explained that several Wyoming laws were revised.
He pointed out that one problem Wyoming encountered with respect
to administrative subpoena authority is that its criminal code
did not list the child pornography traffickers as sexual
offenders. He noted that Wyoming law had to repair the language
on sex offender status with regard to the definition of images
after Ashcroft v. Free Speech Coalition.
MS. CARPENETI stated that she did not think that online
enticement is considered sex offense crime for sex offenders'
registration. She noted that Agent Waters has agreed to furnish
the Wyoming legislation. However, she opined that Alaska
doesn't have the constitutional issues that Wyoming had with
respect to extraterritorial search warrants. She stated that
some judges will currently issue those search warrants, but that
under HB 383, provisions will make it clear that they are
authorized to do so.
AGENT WATERS, in response to Representative Gruenberg, explained
that an administrative subpoena issued by the attorney general
authorizes the release of specific records in a criminal
investigation prior to filing prosecutorial charges.
REPRESENTATIVE GRUENBERG said he thought search warrants could
only be issued by judicial officers in Alaska.
MS. CARPENETI confirmed that in Alaska judicial officers issue
search warrants.
REPRESENTATIVE GRUENBERG cautioned that the Department of Law
should review any proposed statutory changes pertaining to
issuing search warrants for constitutional issues.
MS. CARPENETI opined that Alaska law enforcement officers have
not had problems obtaining search warrants except in cases in
which certain judges have not been inclined to issue a search
warrant.
REPRESENTATIVE GRUENBERG referred to the Alaska Constitution,
Section 1.14 - Searches and Seizures, and read:
The right of the people to be secure in their persons,
houses and other property, papers, and effects,
against unreasonable searches and seizures, shall not
be violated. No warrants shall issue, but upon
probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and
the persons or things to be seized.
REPRESENTATIVE GRUENGBERG stated that he did not see any
reference that requires a judge to issue the search warrant but
he said he was not sure.
2:09:44 PM
REPRESENTATIVE DAHLSTROM asked what happens when Agent Waters
identifies active duty military members on base or off base.
She offered her understanding that the major Internet providers
receive federal funding to provide services. She inquired
whether federal law could be changed to require retention of
records.
AGENT WATERS offered that he is aware of some discussion about
mandating records retention for a specific period of time. He
said he was not sure of the status of any potential legislation.
2:11:42 PM
RON TIDLER, Detective Sergeant, Cyber Crimes Unit, Anchorage
Police Department (APD), Municipality of Anchorage (MOA),
explained that he has two online investigators and three
forensic investigators. He said that he participates in a
federally funded program that consists of members from agencies
throughout Alaska, which meets monthly. He noted that the
Alaska ICAC works under the Seattle ICAC task force. He
surmised that since 2004, that his agency averages at least one
arrest per week in the area of child sexual exploitation.
MR. TIDLER, in response to Chair Ramras, offered specific
examples of suspects traveling from the Lower-48 to Alaska to
purchase children. He noted that offenders have been
intercepted and arrested at the airport. He noted that these
sex offenders that actively traded child pornography have also
molested children.
AGENT WATERS, in response to a question, explained how chat
rooms work and the types of questions that offenders will use to
gradually move the chat into more specific requests and
sometimes naming specific victims. Some offenders will request
and have manufactured films with a person directing another
person to commit specific acts with children. He explained that
some offenders use "peer-to-peer" technology in which they use
software to allow them to share film and photographs.
2:18:35 PM
AGENT WATERS stated that the offenders use the Internet to gain
a high degree of anonymity. Thus, some people commit these
crimes not recognizing how easy it is to identify them. Even
so, less than 2 percent of the cases that exist are ever
investigated. Thus, many offenders are willing to take that
risk. He also pointed out that this crime is need-driven, which
is similar to drug addicts that will go to great lengths to
obtain drugs.
REPRESENTATIVE GRUENBERG offered that he researched whether it
appears that a judge is required to issue a warrant in Alaska.
He said that he also checked the Alaska Rules of Criminal
Procedure. He referred to Rule 37(a)(1) and (2), which read:
(a) Search Warrant Issuance and Contents.
(1) A search warrant authorized by law shall issue
only on affidavit sworn to before a judge or
magistrate or any person authorized to take oaths
under the law of the state, or sworn testimony taken
on the record and establishing the grounds for issuing
the warrant.
(2) If the judge or magistrate is satisfied that
grounds for the application exist or that there is
probable cause to believe that they exist, the judge
or magistrate shall issue a warrant identifying the
property and naming or describing the person or place
to be searched.
REPRESENTATIVE GRUENBERG opined that only a judge or magistrate
can issue the search warrant in criminal matters.
2:22:35 PM
MR. TIDLER, in response to Chair Ramras, answered that the ICAC
grant is a statewide grant. He stated plans are for the ICAC to
use the Municipality of Anchorage as its main hub, with other
satellite hubs located in other areas of the state such as
Fairbanks.
CHAIR RAMRAS noted the proliferation of child pornography and
inquired as to how resources can be allocated or prioritized.
2:24:50 PM
AGENT WATERS noted that the ICAC task force has established a
set of guidelines that prioritize crimes such that the highest
priority is the child in immediate danger. He said that the
priorities are based on patterns that identify likely immediate
risk with an added factor of access by virtue of prior activity.
AGENT WATERS, in response to Chair Ramras, explained that some
crimes are directed by the viewers and have an element of
interactivity.
AGENT WATERS, in response to Representative Dahlstrom, answered
that viewers can also be located and prosecuted.
REPRESENTATIVE DAHLSTROM inquired as to whether the ICAC has
jurisdiction on military bases.
AGENT WATERS answered that the agents are cross designated as
United States Custom Agents and United States Marshals so his
agents can investigate cases on military bases. He pointed out
that it is far better to investigate the cases through the
military bases. Although, he noted, ICAC generally prosecutes
those cases through the federal court.
2:28:36 PM
DEREK DEGRAAF, Sergeant, Alaska Bureau of Investigation,
Division of Alaska State Troopers, Department of Public Safety
(DPS), in response to Chair Ramras, said that the Division of
Alaska State Troopers have two investigators. He pointed out
that currently there isn't any proactive effort on child
exploitation. However, the division does investigate based on
any tips that they receive, which often come from the National
Center for Missing and Exploited Children. Recently, due to the
ICAC task force, funding will be available to train new people
and make a more concerted effort to identify these sex
offenders. He noted that the division works with local law
enforcement on cases. He said he anticipates an increase in the
amount of effort due to the ICAC resources.
MR. TIDLER characterized the ICAC as a three pronged approach
that includes the prosecution of offenders, the training of
investigators assigned to the task force, and public education.
He said that ICAC brought Agent Waters to Alaska, in part, to
make people aware of the problems of child exploitation.
2:31:34 PM
REPRESENTATIVE SAMUELS inquired as to whether is Alaska is the
same as other states on a per capita basis in terms of the types
of offenders who make pornographic photographs and films and
those who watch them.
MR. TIDLER stated that Alaska has the highest Internet usage in
the [nation] per capita due to the remoteness of Alaska, he
opined.
AGENT WATERS explained that it is difficult to identify the
makers of this material.
2:33:35 PM
REPRESENTATIVE GRUENBERG referred to the statutes that allow for
issuance of search warrants. He highlighted that AS 12.35
speaks to the judicial officers. However, the definition of a
search warrant identifies judicial officers. He read AS
12.35.120 as follows:
A search warrant is an order in writing, signed by a
judge or magistrate or signed at the direction of a
judicial officer in accordance with AS 12.35.015,
directed to a peace officer, commanding the peace
officer to search for personal property and bring it
before the judge or magistrate.
REPRESENTATIVE GRUENBERG further noted that AS 12.35.015 refers
to the issuance of search warrant upon testimony communicated by
telephone or other means.
MR. TIDLER, in response to a Representative Gruenberg, stated
that the Division of Alaska State Troopers works closely with
the military, but that the cases are generally prosecuted in
federal or state court and not the military in the majority of
cases.
REPRESENTATIVE GRUENBERG asked who investigates cases on
military bases.
MR. TIDLER related a recent case in which an initial APD
investigator was contacted by someone in the military and that
the APD officer obtained the warrants, and processed the scene
with assistance. In further response to Representative
Gruenberg, Mr. Tidler said he did not know for certain if a
state warrant could be executed on base or if a federal agent
would need to enforce the warrant. He surmised that the
Division of Alaska State Troopers has issued search warrants for
residences and computers for suspects.
2:37:07 PM
REPRESENTATIVE GRUENBERG inquired as to the sentencing
jurisdiction since significant sentencing disparities might
occur between cases prosecuted through the civil courts and
those prosecuted through the military courts.
AGENT WATERS stated that in Wyoming the head military prosecutor
asked to have cases prosecuted federally since he could not
obtain adequate sentences.
REPRESENTATIVE DAHLSTROM related that commanders of the bases
near Anchorage work with local law enforcement. She surmised
that the legislature is unable to affect how the federal
military operates. However, she opined that the APD, the
Division of Alaska State Troopers, and the military work closely
together.
REPRESENTATIVE GRUENBERG expressed an interest in focusing on
sentencing guidelines and policies. He suggested that the
committee might be able to coordinate with the military, perhaps
through the National Conference of State Legislatures.
REPRESENTATIVE DAHLSTROM argued that the state cannot interfere
with sentencing guidelines at the federal level. She opined
that the legislature could offer a resolution only.
REPRESENTATIVE SAMUELS inquired as to the penalty structure in
the state versus the federal penalty structure.
2:42:45 PM
AGENT WATERS suggested that federal prosecution starts at five
years, and increases with aggravators such as torture, and age
of the child. He said he thought that most offenders that have
been prosecuted in federal court obtain sentences of about 15
years. He opined that those convicted of manufacturing
pornography sentences run about 20 years.
MS. CARPENETI offered that unlawful exploitation of a child can
be either a class B felony or class A felony depending on
whether it is a first or subsequent offense. Distribution of
child pornography is a class A felony if the person has been
previously convicted of a similar crime and a class B felony if
it is a first offense. She offered that the penalty for a class
A felony is a maximum of 20 years incarceration and a class B
felony carries a maximum penalty of 10 years. She added that
electronic distribution of indecent material to minors is a
class B felony.
REPRESENTATIVE SAMUELS inquired as to whether a person could
accidentally access a website and be convicted of a felony.
2:47:26 PM
AGENT WATERS offered that typically pornography can't be
accessed accidently. He offered that this material must be
downloaded, although it can happen. He said that he has had a
few cases in which law enforcement recreated the sequence of
events that led to downloading material inadvertently. However,
he noted that the law enforcement officers can also detect the
intentional selection of materials.
AGENT WATERS, in response to Representative Samuels, explained
that the map he showed with respect to activity referred to
computers actively trading pornography and not to computers that
had just one "hit" on some type of pornography. He suggested
that the focus of investigations is on active pornographic
users.
MR. TIDLER added that of 130 warrants issued, that cases have
been prosecuted in 128 instances.
2:52:13 PM
AGENT WATERS, in response to Chair Ramras, stated that one
person who was arrested claimed he had been victimized and had
stumbled on pornography. However, this person viewed over
21,000 images, he stated.
REPRESENTATIVE DAHLSTROM asked what probable cause is required
in order to obtain a warrant to be able to go into someone's
house.
AGENT WATERS referred to a slide that showed the number of
transactions of single person continuing to trade. He said that
the activity is on the rise. The next slide referred to the
unique serial numbers that have been identified.
2:55:49 PM
REPRESENTATIVE DAHLSTROM surmised that the statistics are lower
than the agency can actually track.
[Chair Ramras turned the gavel over to Vice Chair Dahlstrom.]
AGENT WATERS concurred that the numbers stated show the minimum
of the activity that has been identified. He said that he could
not put a distinct number on activity. He said that in Wyoming
the agency once identified 850 distinct serial numbers, but that
through subpoenas that law enforcement agents were able to
identify 1,800 individuals who had been involved in child
pornography.
REPRESENTATIVE GRUENBERG inquired as to whether organized crime
is involved in child exploitation.
[Vice Chair Dahlstrom returned the gavel to Chair Ramras.]
AGENT WATERS stated that many of the paid sites are linked to
organized crime in international jurisdictions such as Russia.
However, he noted that the presentation materials shown today
were based on free or bartered sites. He stated that credit
cards were not being used to conduct business; instead, the
offenders were bartering pornography.
SERGEANT DEGRAAF, in response to Chair Ramras, answered that
resources would not necessarily have to be funding, but could
relate to personnel. He offered that if the budget were
doubled, that several investigators would be assigned to
proactive efforts to apprehend offenders.
CHAIR RAMRAS asked what percentage are youth offenders.
AGENT WATERS answered that of the 850 warrants about 4 percent
were youth offenders.
MR. TIDLER added that it is easier to detect youth by the types
of other things such as music that they download.
3:01:51 PM
AGENT WATERS, in response to Chair Ramras, that the typical
offender is 98 percent male, typically middle-aged. In further
response to Chair Ramras, Agent Waters explained that if a 13-
year old was involved in illegal activity, the teen would be
viewed as needing treatment and not a prosecution.
CHAIR RAMRAS inquired as to how teens get involved in these
activities.
AGENT WATERS offered that predators tend to pursue children and
teenagers, so they go to sites where teens are online.
MR. TIDLER answered that prior to the Internet, predators would
hang out at the ice cream shops, at the malls, and select their
prey. Now, the predators act within their home and pick their
prey off the MySpace page, where kids are foolishly post
photographs that provide the predator with information. The
predator poses as a 13-year old until the predator can get alone
with the teen. In further response to Chair Ramras, Mr. Tidler
offered that the investigators often make arrests before the
offenders can act. He noted that about 80 percent of those who
collect pornography have also had inappropriate contact with a
child.
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:08 p.m.
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