Legislature(2009 - 2010)BUTROVICH 205

03/23/2009 01:30 PM Senate JUDICIARY


Download Mp3. <- Right click and save file as

Audio Topic
01:33:41 PM Start
01:35:25 PM Alaska Internet Crimes Against Children
02:43:54 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Joint w/ Senate Health & Social Services TELECONFERENCED
Presentation: Alaska Internet Crimes
Against Children Task Force
Detective Sgt. Ron Tidler, Anchorage
Police Department
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
                         JOINT MEETING                                                                                        
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
          SENATE HEALTH AND SOCIAL SERVICES COMMITTEE                                                                         
                         March 23, 2009                                                                                         
                           1:33 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
SENATE JUDICIARY                                                                                                                
                                                                                                                                
 Senator Hollis French, Chair, via teleconference                                                                               
 Senator Bill Wielechowski, Vice Chair                                                                                          
 Senator Gene Therriault                                                                                                        
                                                                                                                                
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                            
                                                                                                                                
 Senator Bettye Davis, Chair                                                                                                    
 Senator Joe Paskvan, Vice Chair                                                                                                
 Senator Joe Thomas                                                                                                             
 Senator Fred Dyson, via teleconference                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
SENATE JUDICIARY                                                                                                                
                                                                                                                                
 Senator Lesil McGuire                                                                                                          
                                                                                                                                
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                            
                                                                                                                                
 Senator Johnny Ellis                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Presentations: Alaska Internet Crimes Against Children Task                                                                     
Force                                                                                                                           
     HEARD                                                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DEREK DEGRAAF, Sergeant                                                                                                         
Alaska State Troopers                                                                                                           
Department of Public Safety                                                                                                     
Anchorage AK                                                                                                                    
POSITION STATEMENT:   Presented overviews on  the Alaska Internet                                                             
Crimes  Against  Children  Task  Force  on  behalf  of  Detective                                                               
Sergeant Tidler  with the Anchorage  Police Department,  and from                                                               
the perspective of an Alaska State Trooper.                                                                                     
                                                                                                                                
RON TIDLER, Detective Sergeant                                                                                                  
Cyber Crimes Unit                                                                                                               
Anchorage Police Department                                                                                                     
Municipality of Anchorage                                                                                                       
Anchorage AK                                                                                                                    
POSITION STATEMENT:   Provided information related  to the Alaska                                                             
Internet Crimes Against Children Task Force via teleconference.                                                                 
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:33:41 PM                                                                                                                    
CO-CHAIR  BETTYE DAVIS  called the  joint meeting  of the  Senate                                                             
Judiciary  Standing Committee  and the  Senate Health  and Social                                                               
Services Standing Committee to order  at 1:33 p.m. Present at the                                                               
call  to order  were Senators  Paskvan, Thomas,  Wielechowski and                                                               
Davis.  Senator  Therriault  arrived  soon  thereafter.  Senators                                                               
French and Dyson attended via teleconference.                                                                                   
                                                                                                                                
            ^ALASKA INTERNET CRIMES AGAINST CHILDREN                                                                        
                                                                                                                                
1:35:25 PM                                                                                                                    
CO-CHAIR   WIELECHOWSKI  announced   the   business  before   the                                                               
committees is to  hear a presentation on  Internet crimes against                                                               
children.                                                                                                                       
                                                                                                                                
DEREK  DEGRAAF,  Sergeant,  Computer and  Financial  Crime  Unit,                                                               
Alaska  State  Troopers  (AST),   Department  of  Public  Safety,                                                               
introduced himself and explained that  he is delivering the first                                                               
presentation on behalf  of Detective Sergeant Tidler  who is with                                                               
the Anchorage Police Department Cyber Crimes Unit.                                                                              
                                                                                                                                
SERGEANT  DEGRAAF related  that when  the Alaska  Internet Crimes                                                               
Against  Children  Task Force  (ICAC)  was  created in  2008  the                                                               
initial funding  included a $300,000  18-month grant to  APD. The                                                               
funds  were  used  to  enlist other  police  departments  and  to                                                               
provide money  for equipment, training and  prosecution. Prior to                                                               
2008,  Alaska  received minor  funding  as  an affiliate  of  the                                                               
Seattle ICAC Task Force. Currently  every state in the nation has                                                               
an ICAC task  force, but Alaska has unique challenges  due to its                                                               
size and geography.                                                                                                             
                                                                                                                                
The  Alaska  ICAC  partners  with  several  federal  agencies  to                                                               
provide   services,   investigations,    and   resource   pooling                                                               
particularly through  the Project  Safe Childhood  Program. These                                                               
agencies include  Immigration and Customs Enforcement  (ICE), the                                                               
FBI, U.S. postal inspectors, and military investigators.                                                                        
                                                                                                                                
State  affiliates include  the  Alaska  Bureau of  Investigation,                                                               
which  is  part  of  the  Trooper  division;  the  Department  of                                                               
Corrections; district attorney offices  in various locations; the                                                               
University  of  Alaska Anchorage  and  the  University of  Alaska                                                               
Fairbanks; and police departments  from Fairbanks, Kodiak, Sitka,                                                               
Kenai, Soldotna, Unalaska and Juneau.                                                                                           
                                                                                                                                
SERGEANT DEGRAAF displayed a three-page  chart of 2008 statistics                                                               
showing  the documented  complaints since  the Alaska  task force                                                               
was  created.  The  different  types  of  cases  that  have  been                                                               
investigated  include  traveler; enticement;  obscenity  directed                                                               
toward  minors; child  prostitution; and  child pornography  with                                                               
the subcategories  of manufacture, distribution,  and possession.                                                               
Year-to-date totals  for each  type of case  are included  in the                                                               
chart.  He   highlighted  the  fact  that   possession  of  child                                                               
pornography  and distribution  of child  pornography represent  a                                                               
preponderance of cases worked in 2008.                                                                                          
                                                                                                                                
1:40:06 PM                                                                                                                    
SENATOR THERRIAULT joined the meeting.                                                                                          
                                                                                                                                
Page 2  data shows  case dispositions  and referrals  for federal                                                               
state  and local  prosecution. Also  included  is information  on                                                               
court  actions including  subpoenas  or court  orders and  search                                                               
warrants. In  2008 over  100 search warrants  were served  in the                                                               
state for cases relating to  ICAC-type crimes. Almost exclusively                                                               
federal partners  assisted local  law enforcement  with subpoenas                                                               
for records  from Internet  providers such as  GCI or  ACS. These                                                               
are required as part of an investigation.                                                                                       
                                                                                                                                
Page 3  data shows the  forensic computer  examinations conducted                                                               
on electronic  media that  has been  seized. Last  year technical                                                               
support  was  rendered  53  times and  177  forensic  exams  were                                                               
conducted. The chart also contains  training statistics for local                                                               
law  enforcement  and  prosecutors  as  well  as  the  number  of                                                               
community  outreach  presentations   that  were  given.  Finally,                                                               
information is provided on task  force probation officer activity                                                               
which  includes home  visits and  computer searches  to determine                                                               
whether  known sex  offenders are  following their  conditions of                                                               
probation.                                                                                                                      
                                                                                                                                
In 2008 several  probation officers were trained  to capture data                                                               
from  computers using  software  loaded on  a  thumb drive.  They                                                               
conducted 223  home visits and  searched 26 computers  looking at                                                               
temporary  Internet   files  and  saved  pictures.   Alaska  ICAC                                                               
training  began at  the Microsoft  campus  in Seattle  Washington                                                               
using classroom experiences and webcams.  He noted that in Alaska                                                               
in particular the  Internet has made the world  much smaller, but                                                               
it  wasn't  until 2005  that  this  state  passed the  first  law                                                               
related  to  computers,  communication   on  computers,  and  the                                                               
Internet.  AS 11.41.452  - Online  enticement of  a minor  and AS                                                               
11.61.128  -  Electronic  distribution of  indecent  material  to                                                               
minors  were  added  to  the statutes  and  became  effective  on                                                               
11/28/2005.                                                                                                                     
                                                                                                                                
The   training  for   prosecutors  and   investigators  includes:                                                               
prosecutorial   training;   team-based  training   programs   for                                                               
investigators, examiners,  and prosecutors; and  participation in                                                               
mock  trials.  This  last  year APD  trained  one  examiner,  AST                                                               
trained one investigator,  and a DA prosecutor  was trained using                                                               
the team  concept. This last  year saw the first  jury conviction                                                               
under  the   Alaska  on-line  enticement  statute.   The  suspect                                                               
solicited  minors   under  the   age  of  16   for  sex   and  he                                                               
electronically transmitted  indecent images. The  minors actually                                                               
were undercover  investigators with APD. On  12/8/08 an Anchorage                                                               
jury found James  Clifton Moore, age 42, guilty on  two counts of                                                               
online  enticement  of  a  minor  and  one  count  of  electronic                                                               
distribution of indecent material  to a minor. Significantly, the                                                               
judge  publicly stated  that  the  investigators and  prosecutors                                                               
followed and met the national ICAC guidelines.                                                                                  
                                                                                                                                
1:45:13 PM                                                                                                                    
SENATOR THERRIAULT asked  if that case related  to the individual                                                               
who flew to  Alaska after conducting an  online solicitation from                                                               
out of state.                                                                                                                   
                                                                                                                                
SERGEANT DEGRAAF  answered no, but  he will talk about  that case                                                               
later in the presentation.                                                                                                      
                                                                                                                                
He highlighted that  70 percent of sexual  solicitations occur on                                                               
home  computers;  22 percent  occur  at  someone else's  home;  4                                                               
percent  occur on  a  school computer;  and 3  percent  are on  a                                                               
library computer.  Obviously, he said,  kids are most at  risk at                                                               
home  using their  own computers.  65 percent  of these  contacts                                                               
took  place in  chat rooms  and 24  percent in  instant messaging                                                               
programs such  as AOL, ICQ,  Yahoo, and MSN. These  programs have                                                               
online buddy  locators and they  allow file transfers as  well as                                                               
voice and  video live chats.  Most cellular telephones  are smart                                                               
phones that have  digital cameras and provide easy  access to the                                                               
Internet for sending  and receiving photos and  text messages. He                                                               
emphasized that the proliferation of  child pornography is one of                                                               
the  biggest  issues facing  Alaska  law  enforcement right  now.                                                               
Sexual  information is  being shared  and  Alaska residents  have                                                               
become involved.                                                                                                                
                                                                                                                                
SERGEANT   DEGRAAF  described   the   dynamics  of   peer-to-peer                                                               
investigations  as complex.  They begin  with a  properly trained                                                               
investigator going  online to identify in-state  suspects who are                                                               
actively sharing suspected child  sexual exploitation images. The                                                               
investigator records and downloads the  images and then obtains a                                                               
search  warrant  to  identify the  suspect  from  their  Internet                                                               
service provider (ISP). The suspect  is put under surveillance to                                                               
determine where they  live and work and then  search warrants are                                                               
obtained for those locations. Multiple  agencies work together to                                                               
plan, prepare  and execute these search  warrants. Media evidence                                                               
that  is  seized  undergoes   forensic  examination.  Once  child                                                               
pornography  or child  exploitation  images  are identified,  the                                                               
images are sent to the  National Center for Missing and Exploited                                                               
Children for  identification. A  district attorney  or prosecutor                                                               
is then consulted  to determine the appropriate  charges to bring                                                               
after which the suspect is subject to arrest and prosecution.                                                                   
                                                                                                                                
1:49:48 PM                                                                                                                    
SENATOR THERRIAULT asked  if the forensic program that  is on the                                                               
thumb  drive can  look at  sites that  were visited  even if  the                                                               
temporary files had been deleted.                                                                                               
                                                                                                                                
SERGEANT DEGRAAF  explained that a thumb-drive  examination might                                                               
take 30  minutes and is designed  as an on-scene preview.  If the                                                               
user is careful  and the temporary files have  been deleted, some                                                               
sites may be overlooked. Whereas  a forensic computer examination                                                               
is an  exhaustive search  using sophisticated  forensic software.                                                               
This  can  take  a  week  or two  and  deleted  material  can  be                                                               
recovered.                                                                                                                      
                                                                                                                                
He  cited the  peer-to-peer  Peacock case  study  and the  Harvey                                                               
traveler  case. Mr.  Peacock pled  guilty to  one count  of child                                                               
pornography and  was sentenced  just last  month. A  federal jury                                                               
convicted  Mr.  Harvey  of  aggravated  sexual  abuse,  attempted                                                               
manufacture  of  child  pornography,   and  possession  of  child                                                               
pornography. His sentencing is scheduled for next month.                                                                        
                                                                                                                                
SENATOR  THERRIAULT questioned  the decision  to prosecute  under                                                               
federal law and asked if there is a loophole in the state law.                                                                  
                                                                                                                                
SERGEANT DEGRAAF  said no; it  was preferable to handle  the case                                                               
through the  U.S. attorney's office because  the federal statutes                                                               
are stronger  in this  area and  the case  officer was  a federal                                                               
agent. He  explained that a current  issue is teen use  of mobile                                                               
devices for "sexting" with people  they don't know. Right now the                                                               
number of trained  personnel to address this issue  is limited so                                                               
their responses are more reactionary than proactive.                                                                            
                                                                                                                                
The U.S.  attorney's office in  Anchorage hosts the  monthly ICAC                                                               
task force meetings.  Multiple agencies come together  to do case                                                               
review, to talk  about things that were done right  and wrong, to                                                               
discuss industry trends, and to  address requests for assistance.                                                               
Pooling limited resources  and using the task  force approach has                                                               
been  significant in  helping law  enforcement  respond to  these                                                               
crimes.                                                                                                                         
                                                                                                                                
1:56:10 PM                                                                                                                    
A study by the APD cyber  crimes unit showed that in January 2008                                                               
there were  over 5,000  Internet protocol  (IP) addresses  in the                                                               
state that  had suspected  images of  child pornography  in their                                                               
file sharing software.  By January 2009 that number  had risen to                                                               
over 11,000  IP addresses unique  to Alaska. The  Hernandez Study                                                               
of convicted sex  offenders puts that into  perspective. It found                                                               
that over 80 percent of  persons who were arrested for possession                                                               
of child pornography admitted to  having committed an undisclosed                                                               
sexual abuse of  a minor. Typically the abuse  involved more than                                                               
one child                                                                                                                       
                                                                                                                                
CO-CHAIR WIELECHOWSKI  asked how it's  known that over  11,000 IP                                                               
addresses  have collected  child pornography.  He clarified  that                                                               
he's looking  at this from  a privacy perspective.  Although he's                                                               
happy  that  the  police  know about  these  IP  addresses,  he's                                                               
concerned  that  the  police  may be  looking  at  everyone's  IP                                                               
addresses.                                                                                                                      
                                                                                                                                
SERGEANT DEGRAAF explained that these  cases fall under the peer-                                                               
to-peer  technology.  When  this  free software  is  installed  a                                                               
public folder is created on the  computer and anyone in the world                                                               
can  look at  what's in  that folder  when they  are online.  Law                                                               
enforcement has  developed software tools  that allow it  to look                                                               
at  the data  that these  folks are  choosing to  share with  the                                                               
online public.                                                                                                                  
                                                                                                                                
1:59:03 PM                                                                                                                    
SENATOR THERRIAULT asked why 11,000  arrest warrants haven't been                                                               
issued.                                                                                                                         
                                                                                                                                
SERGEANT DEGRAAF deferred the question for several slides.                                                                      
                                                                                                                                
He pointed out that Alaska has  the highest per-capita use of the                                                               
Internet in the  nation and is close to the  highest for personal                                                               
computer ownership.  Utah has the  highest number  of pornography                                                               
website  subscribers and  Alaska  is second.  Studies have  shown                                                               
that  69   percent  of  children  that   establish  close  online                                                               
relationships live in  small towns, rural areas,  or suburbs. The                                                               
mean age of the children who  were considered was 14.78 years. 71                                                               
percent  have  online profiles  on  social  network websites,  69                                                               
percent receive  online messages from strangers,  64 percent post                                                               
photos or videos  of themselves, and 58  percent post information                                                               
about where they  live. Females are more likely  to post personal                                                               
photos or videos of themselves and  nearly one in ten have posted                                                               
their cell phone number online.  20 percent of teens report being                                                               
bullied online and this figure is on the rise.                                                                                  
                                                                                                                                
On average children/teens  use the Internet about  five hours per                                                               
week. 80  percent use  the Internet for  homework, 70  percent to                                                               
send email,  69 percent to  play games,  50 percent to  listen to                                                               
music and  42 percent  for chatting  and instant  messaging. With                                                               
respect to  online victimization, 1  in 3 is exposed  to unwanted                                                               
sexual material  and 1 in 7  receives a sexual solicitation  by a                                                               
stranger.  45 million  children between  the  ages of  10 and  17                                                               
years use the Internet, and 60  percent have received an email or                                                               
instant message from someone they didn't know.                                                                                  
                                                                                                                                
According to  the U.S. attorney  general's cyber crimes  unit, 20                                                               
percent  of children  say  that their  parents  do not  supervise                                                               
computer use,  52 percent say their  parents moderately supervise                                                               
their  computer  use,  71  percent   say  their  parents  stopped                                                               
watching them after they reached age  14, and 62 percent of teens                                                               
say their  parents know little  or nothing about the  Internet or                                                               
computers.                                                                                                                      
                                                                                                                                
MySpace  and Facebook  are two  popular  social networking  sites                                                               
used by children/teens. Law  enforcement gave presentations about                                                               
MySpace use to  random audiences in Anchorage,  Mat-Su Valley and                                                               
Bethel and found that audience  members knew some of the children                                                               
in the photos. These postings  are potentially there forever with                                                               
no expectation  of privacy. A  number of other  social networking                                                               
websites popular  with Alaskan  children judge  compatibility and                                                               
rate looks.  Well over  2,000 teens in  the Anchorage  and Mat-Su                                                               
area have  registered on these  sites. Some of the  pictures that                                                               
have been  posted would be disheartening  to a parent to  see and                                                               
offenders have  free rein to  look at the posted  information, he                                                               
said.                                                                                                                           
                                                                                                                                
2:03:19 PM                                                                                                                    
SENATOR PASKVAN said  if member's computers will be  added to the                                                               
11,000 IP  addresses that have accessed  pornographic material if                                                               
they were to visit the sites mentioned in the previous slide.                                                                   
                                                                                                                                
SERGEANT DEGRAAF explained that  those aren't pornographic sites;                                                               
they're  online social  networking sites.  The IP  addresses that                                                               
had child pornography were using file-sharing software.                                                                         
                                                                                                                                
SENATOR PASKVAN  asked if child  pornography overlaps  with those                                                               
social networking sites.                                                                                                        
                                                                                                                                
SERGEANT  DEGRAAF  replied  the  numbers do  not  overlap.  Child                                                               
pornography images  have been posted  to those  social networking                                                               
sites, but the companies are  mandated to report that. Alaska law                                                               
enforcement  has worked  cases that  have been  sent from  Yahoo,                                                               
Flicker, and  Photobucket all of  which are places that  post and                                                               
host online photo albums.                                                                                                       
                                                                                                                                
SENATOR THERRIAULT  asked how  easy or difficult  it would  be to                                                               
access those sites on his office computer.                                                                                      
                                                                                                                                
SERGEANT DEGRAAF  explained that  there is nothing  illegal about                                                               
accessing the  site or creating  and posting photos  or profiles.                                                               
Anyone can do that but the state web filter might disallow it.                                                                  
                                                                                                                                
2:06:21 PM                                                                                                                    
CO-CHAIR WIELECHOWSKI  asked if any  states have taken  action to                                                               
limit what is posted to these sites.                                                                                            
                                                                                                                                
SERGEANT  DEGRAAF  said  the  National  Center  for  Missing  and                                                               
Exploited Children  has been  stonewalled in  its efforts  to get                                                               
these sites  to install filters  that limit some of  the material                                                               
that's sent or received. Some  companies tout strict requirements                                                               
for users, but there is no way to police that.                                                                                  
                                                                                                                                
According  to   the  British-based  Internet   Watch  Foundation,                                                               
Internet-based  child pornography  is  becoming  more brutal  and                                                               
graphic. Sometimes images  of infants are posted.  More than half                                                               
of  the child  pornography domains  are located  in the  U.S. and                                                               
Russia comes in  second. Some Internet safety  resources that are                                                               
given  to  parents  include:  netsmartz411.org,  webwisekids.com,                                                               
ikeepsafe.org,  wiredsafe.org,   fbi.gov,  childsafenet.org,  and                                                               
muni.org/apd.                                                                                                                   
                                                                                                                                
To combat  Internet crimes ICAC emphasizes  education for parents                                                               
and children,  investigation, and training.  These investigations                                                               
should be of  top priority to all agencies that  are involved and                                                               
there  is continued  need to  focus efforts,  pool resources  and                                                               
dedicate personnel,  equipment and money to  this effort. Current                                                               
funding dedicated to this effort  is inadequate and estimates are                                                               
that  less  than  1  percent   of  the  offenders  are  targeted.                                                               
Increasing arrests  alone won't solve the  problem; education and                                                               
parental involvement  figure heavily  in the  long-term solution.                                                               
He noted  that ikeepsafe.org has  a page specific to  Alaska that                                                               
contains  the  governor's  cautionary message  to  parents  about                                                               
Internet risks.                                                                                                                 
                                                                                                                                
2:09:20 PM                                                                                                                    
SERGEANT DEGRAAF  said that  in March 2009  the APD  cyber crimes                                                               
unit  conducted  a  three-day  peer-to-peer  training  for  three                                                               
Alaska  State  Troopers.  This  resulted  in  increased  criminal                                                               
investigations  and  he  personally   knows  of  five  that  were                                                               
initiated on  people living in  Fairbanks, Kotzebue,  Bethel, and                                                               
Anchorage.                                                                                                                      
                                                                                                                                
He said  that Alaska  has a  compelling interest  in safeguarding                                                               
the physical  and psychological well-being  of its  minors. These                                                               
children  are  victimized and  this  continues  when the  act  is                                                               
memorialized in an  image. The images are a  permanent record and                                                               
the  child  is re-victimized  every  time  the photo  is  shared.                                                               
Research  shows  that   the  use  of  children   as  subjects  of                                                               
pornographic material  is harmful  to the  child's physiological,                                                               
emotional,   and  mental   health.   The   possession  of   child                                                               
pornography drives  the industry and production  will decrease if                                                               
those who  possess the  product are  punished equally  with those                                                               
who produce  it, he  said. Production  of child  pornography will                                                               
decrease if  there is a drop  in demand and demand  will decrease                                                               
if the law  punishes those who possess and view  the product. The                                                               
possession  of   child  pornography   inflames  the   desires  of                                                               
molesters and  pedophiles. Preventing harm to  children should be                                                               
one  of  the  most  important  interests  of  Alaskans,  Sergeant                                                               
Degraaf said.                                                                                                                   
                                                                                                                                
SERGEANT DEGRAAF told members that  Sergeant Tidler is online and                                                               
could respond to questions.                                                                                                     
                                                                                                                                
2:11:55 PM                                                                                                                    
SENATOR PASKVAN  asked if there is  a standard for the  number of                                                               
investigators that  is either based  on population  or department                                                               
size.                                                                                                                           
                                                                                                                                
DETECTIVE SERGEANT  TIDLER, Cyber  Crimes Unit,  Anchorage Police                                                               
Department,    Municipality    of   Anchorage,    speaking    via                                                               
teleconference,  explained  that  it's  a   matter  of  how  many                                                               
investigators individual  departments can  dedicate, but  in most                                                               
cases the  investigators from  smaller departments  fill multiple                                                               
roles.  They  are  trained  in  computer  forensics  so  they  do                                                               
investigations  in  homicide,  robbery, child  abuse,  and  child                                                               
pornography cases.                                                                                                              
                                                                                                                                
SENATOR PASKVAN asked  if there is an effort on  a national level                                                               
to  develop   a  standard  number   of  investigators   based  on                                                               
population or department size.                                                                                                  
                                                                                                                                
SERGEANT  TIDLER   replied  he  hasn't  heard   that,  but  basic                                                               
investigation  guidelines  have  been   discussed  and  there  is                                                               
emphasis on pooling resources and sharing information.                                                                          
                                                                                                                                
He  referenced Senator  Therriault's earlier  question about  why                                                               
11,000 arrest warrants haven't been  issued and explained that it                                                               
takes  a  great  deal  of  time to  do  each  investigation.  For                                                               
example, even  though the Peacock  case wasn't difficult  and the                                                               
suspect was  compliant, travel was  involved and it took  time to                                                               
investigate and  process the  evidence to  come up  with criminal                                                               
charges.                                                                                                                        
                                                                                                                                
2:15:18 PM                                                                                                                    
SENATOR  PASKVAN  referenced   the  case  disposition  statistics                                                               
indicating  28  arrests  in  2008 and  asked  the  definition  of                                                               
unfounded and  suspended cases. He  further questioned  why those                                                               
numbers are so high relative to the total number of arrests.                                                                    
                                                                                                                                
SERGEANT TIDLER  said he would  give hypothetical examples.  In a                                                               
divorce setting if one spouse  accuses the other of possession of                                                               
child  pornography,  law  enforcement needs  to  investigate  the                                                               
case.  If  there  is  a  determination that  there  is  no  child                                                               
pornography, the case becomes unfounded.  A suspended case is one                                                               
where  all  investigative  leads  have  been  exhausted  and  the                                                               
suspect can't  be charged.  If an IT  address had  reported child                                                               
sexual  exploitation  images but  there  were  no images  on  the                                                               
computer  by the  time a  search warrant  was executed,  the case                                                               
would be suspended.  It could be reopened at a  later date should                                                               
additional evidence come available.                                                                                             
                                                                                                                                
CHAIR  WIELECHOWSKI thanked  him for  preparing the  presentation                                                               
and asked if he had closing comments.                                                                                           
                                                                                                                                
SERGEANT TIDLER  told the committee  that he was pleased  to have                                                               
attended the  presentation last year in  Juneau with Investigator                                                               
Waters.  He expressed  appreciation for  the legislative  support                                                               
for  the task  force,  which  is in  its  first year.  Additional                                                               
funding has  been promised and  they anticipate  federal stimulus                                                               
funds  to   enhance  their  response  to   these  crimes  against                                                               
children.                                                                                                                       
                                                                                                                                
CO-CHAIR WIELECHOWSKI  said the  presentation last year  was very                                                               
powerful and had quite an impact.  He asked if stimulus money has                                                               
been allocated  to Alaska to  help fight against  Internet crimes                                                               
against children and if the governor has accepted those funds.                                                                  
                                                                                                                                
SERGEANT TIDLER explained that as  the primary task force for the                                                               
state, APD was  able to apply directly for  the funding. Although                                                               
he  doesn't  believe  that  at   this  point  it's  up  to  state                                                               
government to  accept or deny  the funds,  he would defer  to the                                                               
APD financial manager.                                                                                                          
                                                                                                                                
2:19:25 PM                                                                                                                    
SENATOR  THOMAS  asked  about the  potential  for  recording  and                                                               
tracking all  computer use  for convicted  sex offenders  so that                                                               
nothing could be erased.                                                                                                        
                                                                                                                                
SERGEANT TIDLER said  he's sure it's possible  but the individual                                                               
could access another  computer. What does help  is that convicted                                                               
sex offenders  are required to  register upon their  release from                                                               
prison  and probation  officers routinely  check their  homes. If                                                               
their computer use  is suspect the officer has the  ability to do                                                               
at least a cursory examination.                                                                                                 
                                                                                                                                
2:21:14 PM                                                                                                                    
SENATOR FRENCH,  attending via  teleconference, asked  the degree                                                               
to which  there is an  overlap between  people who look  at child                                                               
pornography online and people who are child sex offenders.                                                                      
                                                                                                                                
SERGEANT TIDLER  said statistics from the  Hernandez Study showed                                                               
that 85 percent of sex offenders  who are caught in possession of                                                               
child pornography have had contact  offenses. He said he believes                                                               
that an individual's psyche undergoes  a change when they look at                                                               
child pornography on  an ongoing basis, to the  extent that there                                                               
becomes a desire or need to  commit the offenses about which they                                                               
are  fanaticizing. "There  is a  definite correlation  there," he                                                               
said.                                                                                                                           
                                                                                                                                
2:23:07 PM                                                                                                                    
SENATOR DYSON,  speaking via  teleconference, recalled  APD asked                                                               
for  help several  years ago  to  expedite administrative  search                                                               
warrants to  get physical addresses  of potential  offenders from                                                               
IP addresses. He asked if more help is needed.                                                                                  
                                                                                                                                
SERGEANT TIDLER replied  they do need more help.  They still have                                                               
to  rely   on  their  federal  partners   to  get  administrative                                                               
subpoenas.  There  isn't  a  state  law  that  allows  state  law                                                               
enforcement to  get information from  companies that  do business                                                               
within the state but are located outside the state.                                                                             
                                                                                                                                
SENATOR  DYSON asked  him to  pass  along to  Senator French  the                                                               
specifics of what more legislators can do to help.                                                                              
                                                                                                                                
SENATOR PASKVAN  asked if the  Alaska State Troopers also  have a                                                               
cyber crimes division.                                                                                                          
                                                                                                                                
2:25:01 PM                                                                                                                    
SERGEANT DEGRAAF said his presentation will address that.                                                                       
                                                                                                                                
CHAIR WIELECHOWSKI commented on the  segue and asked him to begin                                                               
his presentation.                                                                                                               
                                                                                                                                
SERGEANT  DEGRAAF explained  that the  Alaska State  Troopers has                                                               
jurisdiction over  the Alaska Bureau of  Investigation (ABI). The                                                               
computer and financial crime unit is  within ABI and he and three                                                               
investigators  are tasked  with investigating  all financial  and                                                               
technology related crimes statewide.                                                                                            
                                                                                                                                
The top issue  for AST with respect to participation  in the ICAC                                                               
task  force is  the peer-to-peer  file sharing  programs such  as                                                               
LimeWire, BearShare  and Phex.  He displayed  a Google  Earth map                                                               
showing  villages and  communities throughout  the state  that in                                                               
the past  year are  known to have  computers that  have possessed                                                               
and  have shared  child pornography  images using  free software.                                                               
Each  red  dot  represents  a  particular  geographic  area  that                                                               
contains a  number of records  within the  area. He zeroed  in on                                                               
Anchorage to show the astonishing  number of IP addresses that in                                                               
the  past year  are  known  to have  possessed  and shared  child                                                               
pornography images.  Fairbanks, Juneau and Kodiak  also had large                                                               
numbers.  The  individuals  can be  identified  once  he  obtains                                                               
search warrants through the local Internet providers.                                                                           
                                                                                                                                
SENATOR  THERRIAULT  pointed out  that  he  wouldn't be  able  to                                                               
identify a particular individual if  the file sharing was done at                                                               
the library.                                                                                                                    
                                                                                                                                
SERGEANT  DEGRAAF acknowledged  that's  true.  Initially he  only                                                               
knows  a geographic  location, but  once he  serves the  provider                                                               
with  a  warrant he  learns  who  is  paying  the bill  for  that                                                               
particular IP address.  If it's a coffee shop, the  library, or a                                                               
school the  lead is difficult  to impossible to follow,  but most                                                               
of  the  cases  they've  worked  recently have  come  back  to  a                                                               
residence.  That's because  file  sharing requires  not only  the                                                               
software  but also  sufficient bandwidth  to download  and upload                                                               
the data.                                                                                                                       
                                                                                                                                
2:28:47 PM                                                                                                                    
SENATOR  THERRIAULT asked  if  the bandwidth  at  most Wi-Fi  hot                                                               
spots is generally insufficient.                                                                                                
                                                                                                                                
SERGEANT  DEGRAAF   replied  most   hot  spots   have  sufficient                                                               
bandwidth  speed;  it's just  that  the  task force  hasn't  come                                                               
across many of those cases yet. He believes they're out there.                                                                  
                                                                                                                                
2:29:30 PM                                                                                                                    
SENATOR THOMAS asked if he's  saying that school computers aren't                                                               
blocked from most if not all of these suspect sites.                                                                            
                                                                                                                                
SERGEANT DEGRAAF said he knows  that schools and state government                                                               
have filters that  do a fairly good job of  blocking contact with                                                               
these networks, but they aren't foolproof.                                                                                      
                                                                                                                                
SENATOR  THOMAS  asked  about the  potential  for  recording  and                                                               
tracking all  computer use  of convicted  sex offenders  or child                                                               
pornographers so  that nothing  could be  erased. He's  been told                                                               
that the offender might be  using someone else's computer, but he                                                               
has difficulty  believing that a neighbor  or even a friend  of a                                                               
sex offender  or child pornographer  would allow extended  use of                                                               
their  personal computer  without knowing  what the  offender was                                                               
doing.                                                                                                                          
                                                                                                                                
SERGEANT  DEGRAAF said  he agrees,  but  it only  takes a  couple                                                               
hundred dollars to  buy a second computer so you'd  be relying on                                                               
an  offender  to  have  integrity  and follow  the  rules  for  a                                                               
tracking  and recording  device  to  work. Monitoring  technology                                                               
works for  people convicted  of a  DUI who  are required  to blow                                                               
into a breathalyzer in order to  start their car because buying a                                                               
second  car to  circumvent the  check is  too expensive  for most                                                               
people to consider. Buying a  second computer to circumvent being                                                               
monitored is not that difficult or expensive.                                                                                   
                                                                                                                                
2:31:54 PM                                                                                                                    
SERGEANT DEGRAAF displayed a map  indicating that Barrow also has                                                               
some IP  addresses that have  recorded child pornography.  It's a                                                               
statewide problem and literally thousands  of leads have come in,                                                               
he  said.  Last  year  the   Legislature  funded  long-term  non-                                                               
permanent positions  for an investigator  and a  criminal justice                                                               
technician   for  CFCU,   which  has   been  helpful   but  their                                                               
responsibilities are great. Not only  does CFCU handle both types                                                               
of  crimes,  it also  has  a  mission  to assist  smaller  police                                                               
agencies. In  fact, most police  agencies in the state  will send                                                               
seized computers  or cell phones  that require  forensic analysis                                                               
to  AST   for  processing.   Police  departments   in  Anchorage,                                                               
Fairbanks and Juneau  have someone to do this  analysis, but most                                                               
other  agencies rely  on the  Troopers to  process evidence.  AST                                                               
also provides  training and support  to new recruits  through the                                                               
Public  Safety Academy  in Sitka.  Due  to the  nature of  crimes                                                               
against children  and the case  load, very few "white  collar" or                                                               
corruption crimes are worked, he said.                                                                                          
                                                                                                                                
2:34:16 PM                                                                                                                    
Last year  when AST  joined the ICAC  task force  they co-located                                                               
with Immigration  and Customs Enforcement  (ICE) agents  and have                                                               
received training  in peer-to-peer investigations  and forensics.                                                               
Agents from the  FBI and the U.S. Postal  Inspection Service also                                                               
will  move in  once their  offices are  ready. Since  joining the                                                               
task force  AST has  invested heavily  in new  software, forensic                                                               
computers,  cell phone  analysis  tools, and  server storage  for                                                               
evidence. They  have also conducted numerous  multi-agency search                                                               
warrants,  given public  education  presentations, and  partnered                                                               
with  small   police  departments   to  provide   assistance  and                                                               
training.                                                                                                                       
                                                                                                                                
SERGEANT DEGRAAF displayed a bar  graph of the number of computer                                                               
examinations the computer and financial  crime unit has conducted                                                               
between  2002 and  2008. In  2005 10  examinations were  done and                                                               
three years later  over 70 were conducted. A  subsequent graph of                                                               
ICAC child pornography cases within  ABI between January 2006 and                                                               
March  2009 shows  that there  were over  25 cases  in 2008.  The                                                               
number of cases  in the first quarter of 2009  is nearly the same                                                               
as the  total cases in  2007. Between 2006  and 2008 there  was a                                                               
400 percent  increase in the  number of child  exploitation cases                                                               
that  were  investigated.  In  Alaska   the  problem  is  growing                                                               
exponentially.  He cited  examples  from  Palmer, Talkeetna,  and                                                               
Soldotna  and said  they ask  themselves what  cases are  falling                                                               
through the cracks.                                                                                                             
                                                                                                                                
SERGEANT DEGRAAF provided the  following suggestions: provide ABI                                                               
with   more  investigators   and  forensic   computer  examiners;                                                               
separate  the  financial  crime  and  computer  crime  unit;  and                                                               
provide a more directed response  to rural residents because they                                                               
aren't adequately represented by law enforcement.                                                                               
                                                                                                                                
SERGEANT DEGRAAF offered the  following conclusions: AST believes                                                               
that  ICAC is  very necessary;  co-location of  agencies is  key;                                                               
continued   protection  of   Alaska's  children   with  proactive                                                               
investigation  is imperative;  more  investigators are  required;                                                               
the  disparity of  law enforcement  response  to rural  residents                                                               
needs to change; and progress is being made.                                                                                    
                                                                                                                                
2:39:25 PM                                                                                                                    
Co-CHAIR DAVIS asked  if the shortage of investigators  is due to                                                               
a funding shortfall or a lack  of trained individuals to take the                                                               
positions.                                                                                                                      
                                                                                                                                
SERGEANT DEGRAAF replied it's both.                                                                                             
                                                                                                                                
Co-CHAIR  DAVIS  asked  if  they have  requests  in  the  current                                                               
budget.                                                                                                                         
                                                                                                                                
SERGEANT DEGRAAF replied  he can't say specifically,  but he does                                                               
know they  are trying to  get funding  to increase the  number of                                                               
investigators for both ICAC and sexual abuse of minors.                                                                         
                                                                                                                                
Co-CHAIR DAVIS  asked if rural areas  need more VPSOs or  if they                                                               
need officers of higher rank.                                                                                                   
                                                                                                                                
SERGEANT  DEGRAAF said  he  can't  comment on  VPSOs  but AST  is                                                               
trying  to grow  the Bureau  of Investigation  and that  requires                                                               
heavy  investment  in  training  and equipment  in  a  central  -                                                               
probably urban - location.                                                                                                      
                                                                                                                                
SENATOR THERRIAULT tipped  his hat to Senator French  and said it                                                               
was  he  who proposed  to  put  this  in  statute in  2005.  That                                                               
legislation  ran  into  trouble  in Senate  Finance  and  Senator                                                               
French agreed  to add his language  to my bill that  was in House                                                               
Rules  at   the  time,  Senator  Therriault   explained.  Shortly                                                               
thereafter  law  enforcement was  able  to  use Senator  French's                                                               
language to catch some of these guys.                                                                                           
                                                                                                                                
CO-CHAIR   WIELECHOWSKI   thanked   Sergeant  DeGraaf   for   the                                                               
presentation and  for all the  good work  he is doing  to protect                                                               
the children of Alaska.                                                                                                         
                                                                                                                                
2:43:54 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Co-Chair Wielechowski adjourned the meeting at 2:43 pm.                                                                         
                                                                                                                                

Document Name Date/Time Subjects