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| {{Sex and the Law}} | |||
| '''Child pornography''' (also known as '''child abuse images''' <ref name= Wortley>{{cite book|title= Situational Prevention Of Child Sexual Abuse, Volume 19 of Crime prevention studies |first=Richard |last=Wortley |coauthors=Stephen Smallbone |publisher=Criminal Justice Press |year=2006 |page=192 |isbn=1881798615}}</ref><ref name= Sanderson>{{cite book|title= The seduction of children: empowering parents and teachers to protect children from child sexual abuse |first= Christiane |last= Sanderson |publisher=Jessica Kingsley Publishers |year= 2004 |page=133 |isbn= 184310248X}}</ref><ref name= Akdeniz11>{{cite book|title=Internet child pornography and the law: national and international responses |first=Yaman |last=Akdeniz| publisher=Ashgate Publishing, Ltd. |year=2008|page=11|isbn=0754622975}}</ref>) refers to images or films depicting ] activities involving a ]; as such, child pornography is a visual record of ].<ref name=finkelhor1994/><ref name="hobbs">{{cite book|title=Child Abuse and Neglect: A Clinician's Handbook |last= Hobbs |first=Christopher James |coauthors= Helga G. I. Hanks, Jane M. Wynne |year=1999 |page= 328 |publisher=Elsevier Health Sciences | isbn= 0443058962|quote="Child pornography is part of the violent continuum of child sexual abuse"}}</ref><ref name= O>{{cite book|title=Child Pornography: Crime, computers and society|first=Ian O'Donnel. |last=Claire Milner |year=2007 |publisher=Willan Publishing |pages=p123}}</ref><ref name=sheldon20/><ref name=Klain/><ref name=Wortley17/> Abuse of the child occurs during the sexual acts which are photographed in the production of child pornography,<ref name=finkelhor1994>{{ cite journal | last = Finkelhor| first = David| authorlink = | coauthors = | year = | month = | title = Current Information on the Scope and Nature of Child Sexual Abuse.| journal = Future of Children| volume = v4 n2| issue = Sum-Fall 1994| pages = p31–53 | url=http://eric.ed.gov:80/ERICWebPortal/custom/portlets/recordDetails/detailmini.jsp?_nfpb=true&_&ERICExtSearch_SearchValue_0=EJ497143&ERICExtSearch_SearchType_0=no&accno=EJ497143 }}</ref><ref name="hobbs"/><ref name=sheldon20>{{cite book|title=Sex Offenders and the Internet |first=Kerry |last=Sheldon |coauthors=Dennis Howitt |pages=p20 |publisher=John Wiley and Sons |year=2007|isbn=0470028009|quote='Child pornography is not pornography in any real sense; simply the evidence recorded on film or video tape - of serious sexual assaults on young children' (Tate, 1992, p.203) ... 'Every piece of child pornography, therefore, is a record of the sexual use/abuse of the children involved.' Kelly and Scott (1993, p. 116) ... '...the record of the systematic rape, abuse, and torture of children on film and photograph, and other electronic means.' Edwards(2000, p.1)}}</ref><ref name=Klain>{{cite book |title=Child Pornography: The Criminal-justice-system Response |first=Eva J. |last=Klain |coauthors=Heather J. Davies, Molly A. Hicks, ABA Center on Children and the Law |publisher=National Center for Missing & Exploited Children |year=2001 |quote=Because the children depicted in child pornography are often shown while engaged in sexual activity with adults or other children,they are first and foremost victims of child sexual abuse.}}</ref><ref name=Wortley17>{{cite journal|title=Child Pornography on the Internet |first=Richard |last=Wortley |coauthors=Stephen Smallbone |journal=Problem-Oriented Guides for Police |volume=No. 41|pages=p17|quote=The children portrayed in child pornography are first victimized when their abuse is perpetrated and recorded. They are further victimized each time that record is accessed.}}</ref><ref name=sheldon9>{{cite book|title=Sex Offenders and the Internet |first=Kerry |last=Sheldon |coauthors=Dennis Howitt |pages=p9 |publisher=John Wiley and Sons |year=2007|isbn=0470028009|quote=...supplying the material to meet this demand results in the further abuse of children Pictures, films and videos function as a permanent record of the original sexual abuse. Consequently, memories of the trauma and abuse are maintained as long as the record exists. Victims filmed and photographed many years ago will nevertheless be aware throughout their lifetimes that their childhood victimization continues to be exploited perversely.}}</ref><ref name= UNESCO1999/> and the effects of the abuse on the child (and continuing into maturity) are compounded by the wide distribution and lasting availability of the photographs of the abuse.<ref name=Wortley17/><ref name=sheldon9/><ref name=doj1/> | |||
| Child pornography is illegal in most nations, and carries severe penalties in almost all Western societies, but there are some countries that do not have relevant criminal statues in place. A large-scale movement is working to globalize the criminalization of child pornography, including major international organizations such as the United Nations, the European Commission, and others.<ref name= Akdeniz11/><ref name=worldcongress></ref> | |||
| In common usage and for research purposes, child pornography refers to images of ] children, and does not include post-pubertal teenage ]. But legal definitions generally refer to a wider range, including sexual images involving a minor or computer-generated images that appear to involve a minor.<ref name=doj1/> Most possessors of child pornography who are arrested are found to possess images of prepubescent children; possessors of pornographic images of post-puberty minors are less likely to be prosecuted, even though those images also fall within the statutes.<ref name=doj1/> | |||
| Child pornography is a multi-billion dollar industry and among the fastest growing criminal segments on the internet.<ref name=ncmec/><ref name=infoweek>{{cite news |url=http://www.informationweek.com/news/security/cybercrime/showArticle.jhtml;jsessionid=O1ALG302BNO2IQSNDLOSKH0CJUNN2JVN?articleID=183700580&_requestid=16251 |title=As Child Porn Industry Grows, Coalition Launches Counterattack |author=J. Nicholas Hoover |publisher=Information Week |date=2006-03-17}}</ref><ref name=indiatimes>{{cite news |url=http://timesofindia.indiatimes.com/articleshow/203486.cms |title=World wide porn: 260 mn, growing |author=C R JAYACHANDRAN |date=2003-09-26 |publisher=Bennett Coleman & Co. Ltd |work=Times of India}}</ref><ref name= Levesque>{{cite book |title=Sexual Abuse of Children: A Human Rights Perspective |first=Roger J. R. |last=Levesque |year=1999 |pages=p65|publisher=Indiana University |isbn= 0253334713}}</ref><ref name=Mattei>{{cite book |title=Investigating Child Exploitation and Pornography: The Internet, the Law and Forensic Science |first=Monique Mattei |last=Ferraro |coauthors= Monique Ferraro, Eoghan Casey, Michael McGrath |year=2004 |pages=p3 |publisher=Academic Press |isbn=0121631052}}</ref><ref name=Scherer>{{cite book |title=Victimization of the Weak: Contemporary Social Reactions|first=Jacqueline |last=Scherer|coauthors=Gary Shepherd |year=1982 |publisher=Charles C Thomas Pub Ltd |pages=p108|isbn=0398040435}}</ref><ref name=delisi>{{cite book|title=Violent Offenders: Theory, Research, Public Policy, and Practice |first=Matt |last=DeLisi |coauthors=Peter John Conis |year=2007 |publisher=Jones & Bartlett Publishers |pages=p264 |isbn=076375479X}}</ref> Producers of child pornography try to avoid prosecution by distributing their material across national borders, though this issue is increasingly being addressed with regular arrests of suspects from a number of countries occurring over the last few years.<ref name=doj1/><ref name=ncmec/> NCMEC claims that around 20 % of all pornography contains children.<ref> p3</ref> | |||
| Child pornography is viewed and collected by ] for a variety of purposes, ranging from private sexual uses, trading with other pedophiles, preparing children for sexual abuse as part of the process known as "]", or enticement leading to entrapment for sexual exploitation such as production of new child pornography or ].<ref name=CrossonTower208>{{cite book|title=UNDERSTANDING CHILD ABUSE AND NEGLECT |first=Cynthia |last=Crosson-Tower |isbn=020540183X |publisher=Allyn & Bacon |year=2005|page=208}}</ref><ref name=Wortley14>{{cite journal|title=Child Pornography on the Internet |author=Richard Wortley, Stephen Smallbone |journal=Problem-Oriented Guides for Police |volume=No. 41|pages=p14–16}}</ref><ref name= Levesque64>{{cite book |title=Sexual Abuse of Children: A Human Rights Perspective |first=Roger J. R. |last=Levesque |year=1999 |pages=p64|publisher=Indiana University |isbn= 0253334713}}</ref> | |||
| ==Terminology== | |||
| Recently, the term "child abuse images" has been increasingly adopted by both scholars and law enforcement personnel because the term "pornography" can carry the inaccurate implication of consent and create distance from the abusive nature of the material.<ref name= Wortley/><ref name= Sanderson/><ref name= Akdeniz11/> The similar terms "abuse images" and "child sexual abuse images" are also used. However, the term "child pornography" retains its legal definitions in various jurisdictions, along with related terms such as "indecent photographs of a child" and others .<ref name= Wortley/><ref name= Sanderson/><ref name= Akdeniz11/><ref name=copine>{{cite journal|title=The COPINE Project |first= Ethel |last= Quayle |issn=1649639X |volume= 5 |date=September 2008 |journal=Irish Probation Journal |publisher=Probation Board for Northern Ireland}}</ref> In 2008, the ''World Congress III against the Sexual Exploitation of Children and Adolescents'' stated in their formally adopted pact that "Increasingly the term 'child abuse images' is being used to refer to the sexual exploitation of children and adolescents in pornography. This is to reflect the seriousness of the phenomenon and to emphasize that pornographic images of children are in fact records of a crime being committed." <ref name=Mathew>{{cite journal|last=Mathew |first=Lina A. |title=Online Child Safety from Sexual Abuse in India |volume=2009(1) |journal=Journal of Information, Law & Technology |url=http://go.warwick.ac.uk/jilt/2009_1/mathew |page=21}}</ref> | |||
| ] and policing institutions of various governments, including among others the ], enforce internationally.<ref name=doj1/> Since 1999, the Interpol Standing Working Group on Offenses Against Minors has used the following definition: <blockquote>Child pornography is the consequence of the exploitation or sexual abuse perpetrated against a child. It can be defined as any means of depicting or promoting sexual abuse of a child, including print and/or audio, centered on sex acts or the genital organs of children.<ref name= UNESCO1999>{{cite web |url=http://unesdoc.unesco.org/images/0011/001147/114734eo.pdf |format=PDF|title=Sexual Abuse of Children on the Internet: A New Challenge for INTERPOL |author=Agnes Fournier de Saint Maur |month=January | year=1999 |publisher= UNESCO (United Nations Educational, Scientific and Cultural Organization) |work= Expert Meeting on Sexual Abuse of Children, Child Pornography and Paedophilia on the lnternet: an international challenge}}</ref></blockquote> | |||
| ==Child sexual abuse in production and distribution== | |||
| Children of all ages, including infants,<ref name=Infants>{{cite web |url=http://query.nytimes.com/gst/fullpage.html?res=990DE3DA1330F93AA25754C0A96E958260&scp=1&sq=dutch+sex+ring&st=nyt | |||
| |title=Dutch Say A Sex Ring Used Infants On Internet|accessdate=2008-05-01 |work=New York Times}}</ref> are abused in the production of pornography internationally.<ref name=sheldon20/><ref name=doj1/> The ] estimates that pornographers have recorded the abuse of more than one million children in the United States alone.<ref name= Levesque>{{cite book|title=Sexual Abuse of Children: A Human Rights Perspective|first=Roger J.R. |last=Levesque |year=1999 |publisher=Indiana University Press |pages=p66|isbn=ISBN 0-253-33471-3}}</ref> There is an increasing trend towards younger victims and greater brutality; according to Flint Waters, an investigator with the federal ], "These guys are raping infants and toddlers. You can hear the child crying, pleading for help in the video. It is horrendous."<ref>{{cite web|title=The Child Porn Pipeline Part Three: A child victim's story of betrayal and despair|url=http://www.buffalonews.com/339/story/184849.html |year=2008 |work=Buffalo News}}</ref> According to the World Congress against Commercial Sexual Exploitation of Children, "While impossible to obtain accurate data, a perusal of the child pornography readily available on the international market indicates that a significant number of children are being sexually exploited through this medium."<ref name="healty"></ref> | |||
| The ] Children's charity ] have stated that demand for child pornography on the internet has led to an increase in sex abuse cases, due to an increase in the number of children abused in the production process.<ref name="gu20040112">{{cite news | title = Internet porn 'increasing child abuse' | url = http://www.guardian.co.uk/technology/2004/jan/12/childprotection.childrensservices | work = ] | publisher = Guardian News and Media Limited |date=2004-01-12 | accessdate = 2007-06-01}}</ref> | |||
| In a study analyzing men arrested for child pornography possession in the United States over a one year period from 2000 to 2001, most had pornographic images of prepubescent children (83%) and images graphically depicting sexual penetration (80%). Approximately 1 in 5 (21%) had images depicting violence such as bondage, rape, or torture and most of those involved images of children who were gagged, bound, blindfolded, or otherwise enduring sadistic sex. More than 1 in 3 (39%) had child-pornography videos with motion and sound. 79% also had what might be termed ] images of nude or semi-nude children, but only 1% possessed such images alone. Law enforcement found about half (48%) had more than 100 graphic still images, and 14% had 1,000 or more graphic images. Forty percent (40%) were "dual offenders," who sexually victimized children and possessed child pornography.<ref name=Quayle>{{cite web |url=http://www.missingkids.com/missingkids/servlet/PageServlet?LanguageCountry=en_US&PageId=1504|title=What is Child Pornography|accessdate=2008-04-30 |work=NCMEC}}</ref> | |||
| A recent study in Ireland, undertaken by the ], revealed the most serious content in a sample of over 100 cases involving indecent images of children. In 44% of cases, the most serious images depicted nudity or erotic posing, in 7% they depicted sexual activity between children, in 7% they depicted non-penetrative sexual activity between adults and children, in 37% they depicted penetrative sexual activity between adults and children, and in 5% they depicted sadism or bestiality.<ref name= O/> | |||
| Masha Allen, who was adopted at age 8 from the former Soviet Union by an American man who sexually abused her for five years and posted the pictures on the Internet testified before the United States Congress about the anguish she has suffered at the continuing circulation of the pictures of her abuse, to "put a face" on a "sad, abstract, and faceless statistic," and to help pass a law named for her.<ref name=Masha>{{cite web |url=http://abclocal.go.com/kgo/story?section=news/national_world&id=4519048|title= Child-Porn Victim Brings Her Story to Washington|accessdate=2008-04-30 |work=Abc News}}</ref> "Masha's Law," included in the ] passed in 2006, includes a provision which allows young people 18 and over to sue in civil court those who download pornographic images taken of them when they were children.<ref name=Kerry>{{cite web |url=http://kerry.senate.gov/mass/family.cfm |title=Protecting Children and Families |accessdate=2008-04-30 |work=press release}}</ref> | |||
| ==Relation to child molestation and abuse== | |||
| {{Main|Relationship between child pornography and child sexual abuse}} | |||
| Experts differ over any causal link, with some experts saying that use of child porn reduces the risk of offending,<ref name="radio.cz">{{cite web|author=00:11 UTC |url=http://www.radio.cz/en/article/88189 |title=Child porn consumers safe from prosecution in the Czech Republic |publisher=Radio.cz |date= |accessdate=2009-10-16}}</ref> and others arguing that it increases the risk.<ref>{{cite journal|title=Child abuse, child pornography and the internet: Executive summary|first=John|last=Carr |year=2004 |publisher=NCH}}</ref> A 2008 American review of the use of Internet communication to lure children outlines the possible links to actual behaviour regarding the effects of Internet child pornography.<ref name=Onlinepred>{{cite journal |last=Wolak |first=James|coauthors=David Finkehor, Kimberly Mitchell, Michele Ybarra |year=2008 |month=February |title=Online "Predators" and Their Victims |journal=American Psychologist |volume=63 |issue=2 |pages=111–128 |accessdate=2008-03-07 |doi=10.1037/0003-066X.63.2.111 |url=http://www.apa.org/journals/releases/amp632111.pdf|format=PDF |pmid=18284279}}</ref> | |||
| According to the ] of the U.S.A., studies and case reports indicate that 30% to 80% of individuals who viewed child pornography and 76% of individuals who were arrested for Internet child pornography had molested a child, however they note that it is difficult to know how many people progress from computerized child pornography to physical acts against children and how many would have progressed to physical acts without the computer being involved.<ref name="mayoclinic04_2007">{{cite journal |url=http://www.mayoclinicproceedings.com/pdf%2F8204%2F8204sa.pdf |format=PDF|title=A Profile of Pedophilia: Definition, Characteristics of Offenders, Recidivism, Treatment Outcomes, and Forensic Issues |author=RYAN C. W. HALL; RICHARD C. W. HALL |journal=Mayo Clin Proc |date=2007-04 |volume=82|issue=4 |pages=457–471 |accessdate=2008-05-09 |doi=10.4065/82.4.457 |pmid=17418075}}</ref> | |||
| ==Typology== | |||
| In the late 1990s, the COPINE project ("Combating Paedophile Information Networks in Europe") at the University of Cork, in cooperation with the ] of the London Metropolitan Police, developed a typology to categorize child abuse images for use in both research and law enforcement.<ref name=copine/> The ten-level typology was based on analysis of images available on websites and internet newsgroups. Other researchers have adopted similar ten-level scales.<ref name=taylor2001>{{cite journal|last=Taylor, first=M. |coauthors=Quayle, E., and Holland, G. |year=2001 |title=Child Pornography, the Internet and Offending |publisher=ISUMA |journal=The Canadian Journal of Policy Research |volume= 2 (2): 94-100}}</ref> In 2002 in the UK, the Sentencing Advisory Panel adapted the COPINE Scale | |||
| to five levels and recommended its adoption for sentencing guidelines, omitting levels 1 to 3 and recommending that levels 4 to 6 combine as sentencing level 1 and that the four levels from 7 to 10 each form an individual severity level, for a total of 5 sentencing stages.<ref name=copine/> | |||
| {| class="wikitable" style="font-weight:normal;text-align:left;" | |||
| |+ The COPINE Scale | |||
| |- ! Level Number !! Level Title !! Description | |||
| |- | |||
| ! 1 | |||
| ! Indicative | |||
| | Non-erotic and non-sexualised pictures showing children in their underwear, swimming costumes from either commercial sources or family albums. Pictures of children playing in normal settings, in which the context or organisation of pictures by the collector indicates inappropriateness. | |||
| |- | |||
| ! 2 | |||
| ! Nudist | |||
| | Pictures of naked or semi-naked children in appropriate nudist settings, and from legitimate sources. | |||
| |- | |||
| ! 3 | |||
| ! Erotica | |||
| | Surreptitiously taken photographs of children in play areas or other safe environments showing either underwear or varying degrees of nakedness. | |||
| |- | |||
| ! 4 | |||
| ! Posing | |||
| | Deliberately posed pictures of children fully clothed, partially clothed or naked (where the amount,context and organisation suggests sexual interest). | |||
| |- | |||
| ! 5 | |||
| ! Erotic Posing | |||
| | Deliberately posed pictures of fully, partially clothed or naked children in sexualised or provocative poses. | |||
| |- | |||
| ! 6 | |||
| ! Explicit Erotic Posing | |||
| | Pictures emphasising genital areas, where the child is either naked, partially clothed or fully clothed. | |||
| |- | |||
| ! 7 | |||
| ! Explicit Sexual Activity | |||
| | Pictures that depict touching, mutual and self-masturbation, oral sex and intercourse by a child, not involving an adult. | |||
| |- | |||
| ! 8 | |||
| ! Assault | |||
| | Pictures of children being subject to a sexual assault, involving digital touching, involving an adult. | |||
| |- | |||
| ! 9 | |||
| ! Gross Assault | |||
| | Grossly obscene pictures of sexual assault, involving penetrative sex, masturbation or oral sex, involving an adult. | |||
| |- | |||
| ! 10 | |||
| ! Sadistic/Bestiality | |||
| | a. Pictures showing a child being tied, bound, beaten, whipped or otherwise subject to something that implies pain.<br /> | |||
| b. Pictures where an animal is involved in some form of sexual behaviour with a child. | |||
| |- | |||
| |} | |||
| ==Internet proliferation== | |||
| ] notes that there is "overwhelming evidence that is all but impossible to obtain through nonelectronic means."<ref>Jenkins, Philip (2005). "Law Enforcement Efforts Against Child Pornography Are Ineffective," in ''At Issue: Child Sexual Abuse''. Ed. Angela Lewis. San Diego: Greenhaven Press.</ref> The Internet has radically changed how child pornography is reproduced and disseminated, and, according to the ], resulted in a massive increase in the "availability, accessibility, and volume of child pornography."<ref>, Child Exploitation and Obscenity, Department of Justice</ref> The production of child pornography has become very profitable and is no longer limited to pedophiles.<ref>{{cite web|url=http://www.parade.com/articles/editions/2006/edition_02-19-2006/Andrew_Vachss |title=''Child pornography has expanded into a business so profitable it is no longer limited to pedophiles. Let’s Fight This Terrible Crime Against Our Children'', Parade, Andrew Vach, February 19, 2006 |publisher=Parade.com |date=2006-02-19 |accessdate=2009-10-16}}</ref> | |||
| Digital cameras and Internet distribution facilitated by the use of credit cards and the ease of transferring images across national borders has made it easier than ever before for users of child pornography to obtain the photographs and videos.<ref name=doj1/><ref name=ncmec/> The NCMEC estimated in 2003 that 20% of all pornography traded over the Internet was child pornography, and that since 1997 the number of child pornography images available on the Internet had increased by 1500%.<ref name=ncmec>{{cite web |url=http://www.ncmec.org/missingkids/servlet/NewsEventServlet?LanguageCountry=en_US&PageId=2064 |title=CHILD PORN AMONG FASTEST GROWING INTERNET BUSINESSES |date=2005-08-05 |accessdate=2008-03-13 |publisher=National Center for Missing and Exploited Children, USA}}</ref> | |||
| In 2007, the British-based ] reported that child pornography on the Internet is becoming more brutal and graphic, and the number of images depicting violent abuse has risen fourfold since 2003.<ref name=IWF/> The CEO stated "The worrying issue is the severity and the gravity of the images is increasing. We're talking about prepubescent children being raped." About 80 percent of the children in the abusive images are female, and 91 percent appear to be children under the age of 12. Prosecution is difficult because multiple international servers are used, sometimes to transmit the images in fragments to evade the law.<ref name=IWF>{{cite news |url=http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2007/04/16/international/i170148D42.DTL|title=IWF |accessdate=2008-04-30 |agency=Associated Press}}</ref> Some child pornographers also circumvent detection by using ]es to illegally gain control of computers on which they remotely store child pornography. In one case, a ] man was charged with possession of child pornography when ] used his computer to access pornographic sites and store pornographic pictures without his knowledge.<ref>{{cite web|last=Robertson |first=Jordan|url=|title=Google tackles child pornography |publisher=AP|date=2008-11-08 |accessdate=2009-10-16}}</ref> | |||
| Regarding internet proliferation, the U.S. Department of Justice states that "At any one time there are estimated to be more than one million pornographic images of children on the Internet, with 200 new images posted daily." They also note that a single offender arrested in the U.K. possessed 450,000 child pornography images, and that a single child pornography site received a million hits in a month. Further, that much of the trade in child pornography takes place at hidden levels of the Internet, and that it has been estimated that there are between 50,000 and 100,000 pedophiles involved in organized pornography rings around the world, and that one third of these operate from the United States. | |||
| In 2008 the ] ] adapted a ] program in order to faster track child pornography accessible through their site. The software is based in a ] engine.<ref>{{cite web|last=Shiels |first=Maggie |url=http://news.bbc.co.uk/1/hi/technology/7347476.stm |title=Google tackles child pornography |publisher=BBC News |date=2008-04-14 |accessdate=2009-10-16}}</ref>. | |||
| ==Collection by pedophiles== | |||
| Viewers of child pornography who are pedophiles are particularly obsessive about collecting, organizing, categorizing, and labeling their child pornography collection according to age, gender, sex act and fantasy.<ref name=CrossonTower200>{{cite book|title=UNDERSTANDING CHILD ABUSE AND NEGLECT |first=Cynthia |last=Crosson-Tower |isbn=020540183X |publisher=Allyn & Bacon |year=2005|pages=198–200}}</ref><ref name= Lanning/> According to FBI agent Ken Lanning, "collecting" pornography does not mean that they merely view pornography, but that they save it, and "it comes to define, fuel, and validate their most cherished sexual fantasies." An extensive collection indicates a strong sexual preference for children, and if a collector of child pornography is also a pedophile, the owned collection is the single best indicator of what he or she wants to do.<ref name= Lanning>{{cite journal|title=Child Molesters: A Behavioral Analysis 4th ed.|first=Kenneth V. |last=Lanning |year=2001 |publisher=National Center for Missing and Exploited Children|volume=86}}</ref> The ] describes researchers Taylor and Quayle's analysis of pedophile pornography collecting: | |||
| <blockquote>"The obsessive nature of the collecting and the narrative or thematic links for collections, led to the building of social communities on the internet dedicated to extending these collections. Through these 'virtual communities' collectors are able to downgrade the content and abusive nature of the collections, see the children involved as objects rather than people, and their own behaviour as normal: It is an expression of 'love' for children rather than abuse." <ref name= NSPCC>{{cite web|title=Child pornography: images of the abuse of children|year=2003 |url=http://www.nspcc.org.uk/Inform/research/Briefings/imagesofchildabuse_wda48219.html|publisher=National Society for the Prevention of Cruelty to Children}}</ref> | |||
| </blockquote> | |||
| These offenders are likely to employ elaborate security measures to avoid detection.<ref name=CrossonTower200/> The US DOJ notes that "there is a core of veteran offenders, some of whom have been active in pedophile newsgroups for more than 20 years, who possess high levels of technological expertise," also noting that pedophile bulletin boards often contain technical advice from child pornography users' old hands to newcomers."<ref name= Lanning/> | |||
| ==Child sex tourism== | |||
| {{main|Child sex tourism}} | |||
| One source of child pornography distributed worldwide is that created by sex tourists. Most of the victims of ] reside in the ] of the world. In 1996, a court in ] convicted a ] national of child molestation and production of pornography for commercial purposes; he was involved in a child pornography ring which exploited Thai children. A sizable portion of the pornography seized in ] and in the ] in the 1990s was produced by sex tourists visiting ].<ref name=healty/> ] works with its 186 member countries to combat the problem, and launched its first-ever successful global appeal for assistance in 2007 to identify a ] man, ], featured in a series of around 200 photographs in which he was shown sexually abusing young Vietnamese and Cambodian children.<ref name=Interpol>{{cite web |url=http://www.interpol.int/Public/ICPO/PressReleases/PR2007/PR200751.asp |title=Interpol |accessdate=2008-04-30 |work=press release}}</ref> | |||
| ==Organized crime== | |||
| ] is involved in the production and distribution of child pornography, which is found as a common element of organized crime profiles.<ref name=NCJRS>{{cite web|title=Remarks of Arnold I Burns Before the Florida Law Enforcement Committee on Obscenity, Organized Crime and Child Pornography |url=http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=109133 |publisher=National Institute of Justice |work=NCJ 109133 |date=1987-12-03}}</ref><ref>{{cite web|title=RCMP Fact Sheets: Organized Crime|url=http://www.rcmp-grc.gc.ca/factsheets/fact_org_e.htm |publisher=Royal Canadian Mounted Police |date=2008-04-28}}</ref> When criminals organize to produce and distribute child pornography, they are often called "sex rings".<ref>{{cite web |url=http://query.nytimes.com/gst/fullpage.html?res=9B05E7D9143FF93AA3575BC0A9679C8B63&scp=4&sq=child+pornography+ring&st=nyt|title=U.S. SAYS IT BROKE RING THAT PEDDLED CHILD PORNOGRAPHY|accessdate=2008-05-01 |work=New York Times}}</ref><ref>{{cite web |url=http://query.nytimes.com/gst/fullpage.html?res=9C05E1DC1530F934A35756C0A9639C8B63&scp=6&sq=child+pornography+ring&st=nyt|title=World Briefing Europe: Child Pornography Raid In 8 Countries|accessdate=2008-05-01 |work=New York Times}}</ref><ref>{{cite web |url=http://query.nytimes.com/gst/fullpage.html?res=9E04EEDA1539F933A25756C0A960958260&scp=7&sq=child+pornography+ring&st=nyt|title=45 Arrested in a Nationwide Child Pornography Ring, U.S. Says|accessdate=2008-05-01 |work=New York Times}}</ref><ref>{{cite web |url=http://query.nytimes.com/gst/fullpage.html?res=9B00E3DD1E39F937A25750C0A961958260&scp=11&sq=child+pornography+ring&st=nyt|title=French Police Arrest 250 Men Linked to Child Pornography Ring|accessdate=2008-05-01 |work=New York Times}}</ref><ref>{{cite news |url=http://news.bbc.co.uk/2/hi/uk_news/1109787.stm|title=Porn ring 'was real child abuse'|accessdate=2008-05-01 |work=BBC | date=2001-01-10}}</ref> In 2003, an international police investigation uncovered an immense Germany-based child pornography ring involving 26,500 suspects who swapped illegal images on the Internet in 166 different countries.<ref name=Germany>{{cite web |url=http://query.nytimes.com/gst/fullpage.html?res=9D01E0D6123DF934A1575AC0A9659C8B63&scp=2&sq=child+pornography+ring&st=nyt | |||
| |title=Germany Says It Uncovered Huge Child Pornography Ring|accessdate=2008-05-01 |work=New York Times}}</ref> In a 2006 case, US and international authorities charged 27 people in nine states and three countries in connection with a child pornography ring that US federal authorities described as "one of the worst" they have discovered. The assistant secretary for ] added that the case reflected three larger trends that are becoming more common in child pornography rings. One is the increasing prevalence of "home-grown" pornographic images that are produced by predators themselves, and include live ] images of children being abused, not just the circulation of repeated images. Another trend is the growing use of sophisticated security measures and of ], in which participants can share files with one another on their computers rather than downloading them from a web site. The group used ] and data destruction software to protect the files and screening measures to ensure only authorized participants could enter the chat room. A third trend is the increasingly violent and graphic nature of the images involving the abuse of younger children.<ref name=Chicago>{{cite news |url=http://www.nytimes.com/2006/03/16/national/16porn.html?_r=1&scp=1&sq=child+pornography+ring&st=nyt&oref=slogin | |||
| |title=27 Charged in International Online Child Pornography Ring|accessdate=2008-05-01 |work=New York Times}}</ref> | |||
| According to ], CEO of the ], around 50 per cent of sites showing children being abused are operated on a pay-per-view basis. "The people involved in these sites often aren't doing it because they're deviant by nature. They're doing it because they're business people. It's risk versus profits. We need to reduce the profit motivation." The CEOPP was established in 2006, and targets the finances of organised criminal gangs selling images of child abuse.<ref>{{cite web |url=http://www.guardian.co.uk/uk/2005/nov/13/childprotection.ukcrime|title=Task force to seize child porn profits|accessdate=2008-05-03 |work=guardian.co.uk}}</ref> | |||
| ==International coordination of law enforcement== | |||
| Recent investigations include ] that resulted in multi-national arrests and 7 convictions as well as uncovering 750,000 images with 1,200 unique identifiable faces being distributed over the web; ] which occurred in the ]; ] which occurred in ]; ]; ] based in the ]; ]; ]; the ] and the ]. | |||
| Even so, the UK based ] said that worldwide an estimated 2% of child pornography websites still had not been removed a year after being identified.<ref>{{cite web|url=http://www.guardian.co.uk/technology/2008/jun/06/internet.childprotection |title=Time taken to shut child abuse sites criticised |publisher=Guardian |date= |accessdate=2009-10-16}}</ref> | |||
| One of the primary mandates of the international policing organization ] is the prevention of crimes against children involving the crossing of international borders, including child pornography and all other forms of exploitation and trafficking of children.<ref name=interpol1>{{cite web|url=http://www.interpol.int/Public/Children/Default.asp |title=Crimes against children| publisher=Interpol}} | |||
| </ref><ref name= Bantekas266>{{cite book|title=International Criminal Law 2/E |first=Ilias |last=Bantekas |coauthors=Susan Nash |year=2003 |publisher=Routledge Cavendish |pages=p265|isbn=1859417760}}</ref> | |||
| The USA ] coordinates programs to track and prosecute child pornography offenders across all jurisdictions, from local police departments to federal investigations, and international cooperation with other governments.<ref name=doj1>{{cite journal | author = Wells, M.; Finkelhor, D.; Wolak, J.; Mitchell, K. | year = 2007 | title = Defining Child Pornography: Law Enforcement Dilemmas in Investigations of Internet Child Pornography Possession | journal = Police Practice and Research | volume = 8 | issue = 3 | pages = 269–282 | |||
| | url =http://www.unh.edu/ccrc/pdf/CV96.pdf |format=PDF| accessdate = 2008-07-01 |doi=10.1080/15614260701450765}}</ref> Efforts by the Department to combat child pornography includes the ], the world's largest database of child pornography, maintained by the ] of the ] and the ] (NCMEC) for the purpose of identifying victims of child abuse.<ref name="houston">'']'', "". 4 April 2003</ref><ref>'']'', "", 6 April 2003</ref> Police agencies have deployed trained staff to track child pornography files and the computers used to share them as they are distributed on the Internet, and they freely share identifying information for the computers and users internationally.<ref>{{cite web|url=http://comments.byethost4.com/chprn.html |title=Police methods for illegal pornography investigation |date=2008-06-05 |accessdate=2008-12-14 |author=Uncle Goose-head}}{{Verify credibility|date=December 2008}}</ref> | |||
| In Europe the ] Law Enforcement project is aimed at reducing the availability of abusive material on the Web, combining traditional police investigative methods and Police/Internet industry cooperation by blocking access to domains containing such files. The result is country specific lists according to national legislation in the participating countries. This police initiative has a world wide scope in its work but is partly financed by the ]. | |||
| When child pornography is distributed across international borders, customs agencies also participate in investigations and enforcement, such as in the 2001-2002 cooperative effort between the United States ] and local operational law enforcement agencies in Russia. A search warrant issued in the USA by the Customs Service resulted in seizing of computers and email records by the Russian authorities, and arrests of the pornographers.<ref>{{cite news |title=Transnational crime: The case of Russian organized crime and the role of international cooperation in law enforcement |url=http://findarticles.com/p/articles/mi_qa3996/is_200201/ai_n9061972/print |publisher='']'' |date=Winter 2002 |last=Shelley |first=Louise |accessdate=2008-12-14 |publisher=] |location=] |id={{ISSN|1074-6846}}}}</ref> | |||
| In spite of international cooperation, less than 1 percent of children who appear in child pornography are located by law enforcement each year, according to Interpol statistics.<ref name=Clues>{{cite web |last=Friedman |first=Emily |date=2007-09-28 |url=http://abcnews.go.com/print?id=3665900|title=Clues Caught on Tape Key to Child Porn Cases |accessdate=2008-12-14 |work=] |publisher=] |location=]}}</ref> | |||
| Google announced in 2008 that it is working with NCMEC to help automate and streamline how child protection workers sift through millions of pornographic images to identify victims of abuse. Google has developed video fingerprinting technology and software to automate the review of some 13 million pornographic images and videos that analysts at the center previously had to review manually.<ref name=Google>{{cite web |url=http://www.msnbc.msn.com/id/24113246/|title=Google enlists video ID tools to fight child porn|accessdate=2008-04-30 |work=Msnbc}}</ref> | |||
| ==International Law== | |||
| {{Main|Laws regarding child pornography}} | |||
| Child pornography is illegal in most but not all nations.<ref name= Akdeniz11/> In almost all Western societies, child pornography laws provide severe penalties usually including incarceration, for producers and distributors, with shorter duration of the sentences for non-commercial distribution depending on the extent and content of the material distributed. Convictions for possessing child pornography also usually includes prison sentences, but those sentences are often converted to probation for first-time offenders.<ref name= Akdeniz11/> | |||
| In recent years there have been increased international agreements to outlaw child pornography. The Council of Europe's Cybercrime Convention, the United Nations Optional Protocol on the Rights of the Child, and the EU Framework Decision that became active in 2006, require signatory or member states to criminalize all aspects of child pornography, including its production, distribution, transmission, making available in any way, as well as acquisition and possession.<ref name= Akdeniz11/> | |||
| However, while international efforts have made a difference and are continuing, the coverage of laws is not complete. A review in 2006 of child pornography laws in 184 countries by the ] (ICMEC) and other organizations including Microsoft Corporation shows that more than half have no laws that specifically address child pornography.<ref>{{cite web | url = http://www.icmec.org/en_X1/pdf/SummerNewsletter2006formatted.pdf | title = Child Pornography Not a Crime in Most Countries | year = 2006 | accessdate = 2009-09-19 | publisher = ] | format = PDF }}</ref> This review, however, did not take into account legislation outlawing child pornography ''"indirectly"'' by a ban on the ''"worst forms of child labor"'', or a ''"general ban on pornography"'' because of the absence of legislation ''specific'' to child pornography.<ref>, 2006 (page 7, footnote 15)</ref> | |||
| ==Artificially generated or simulated imagery== | |||
| {{Main|Simulated pornography}} | |||
| An unknown fraction of ] involving minors is produced without the direct involvement of children in the production process itself. Forms of such pornography include: modified photographs of real children, non-minor teenagers made to look younger (age regression), and fully computer-generated imagery<ref>, '']'', March 11, 2008</ref> or adults made to look like children.<ref>Paul, B. and Linz, D. (2008). "," ''Communication Research'', 35(1), 3-38</ref> Drawings or animations that depict sexual acts involving children but are not intended to look like photographs may also be considered by some to be child pornography. | |||
| ==Sexting== | |||
| ] refers to a recently increasing practice in which people use cell phone messaging to send nude or semi nude images of themselves to others (such as friends or dating partners). These may be passed along to others or be posted on the Internet. Due to sexting by minors, some teenagers have been charged with possessing and/or distributing child pornography resulting in unintended consequences and unintended uses of child pornography laws.<ref>{{cite web|url=http://abclocal.go.com/wpvi/story?section=news/technology&id=6555650 |title='Sexting' teens can go too far - 12/14/08 - Philadelphia News - 6abc.com |publisher=Abclocal.go.com |date=2008-12-14 |accessdate=2009-10-16}}</ref> Florida cyber crimes defense attorney ] wrote of this that "I do not believe that our child pornography laws were designed for these situations. A conviction for possession of child pornography in Florida draws up to five years in prison for each picture or video, plus a lifelong requirement to register as a sex offender."<ref>, December 2008</ref> | |||
| ==See also== | |||
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| ==References== | |||
| {{reflist|2}} | |||
| ==External links== | |||
| *{{cite web |url=http://www.ncmec.org/missingkids/servlet/PageServlet?LanguageCountry=en_US&PageId=2451 |author=National Center for Missing and Exploited Children (USA) |title=Child Pornography Fact Sheet}} | |||
| *{{cite web |url=http://www.nspcc.org.uk/inform/research/reading_lists/child_abuse_images_and_the_internet_wda65568.html |author=National Society for the Prevention of Cruelty to Children (UK) |title=Child abuse images and the internet: A reading list}} | |||
| {{Sexual ethics}} | |||
| {{Sexual abuse}} | |||
| {{DEFAULTSORT:Child Pornography}} | |||
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Revision as of 14:38, 6 February 2010
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