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1. INTRODUCTION
There are many documents describing the phenomenon of
child-pornography, and it's not easy to understand and to answer to
some easy questions, compulsory for a telecom-investigator: what is
exactly the "conflictual area1"? who are the actors moving on the
scene? Which are their objectives?
To answer the first question is quite useful to borrow a term from
the fantascientific literature used in the '80s: the concept of
"cyberspace1" that well explains Internet characteristics:
delocalized and immaterial. The "net" is an international reality
or even better a "global" reality, if we want to use a very abused
word. So it becomes absolutely unlikely to do any evaluation about
the fight to the criminal phenomenon on an international plan.
Using the net, in fact, it is possible to spread a lot of illegal
material anonymously and in a very short time, so a criminal action
absolutely irrelevant until a few years ago, has grown and now is
perfectly organized.
Because that Internet is the veicule and the value added to child
pornography spreading, it is necessary to solve the second part of
the problem: who are the actors moving on this scene with different
roles? The media over exposition of this subject doesn't contribute
to the clarification of this aspect, often taken back to the
wildest or grotesque features (ogres, monsters…).
If we want to set some conceptual limits to this subject, it is
necessary to use a precise criterion to establish different
analytical levels, useful for the comprehension and the explanation
of the phenomenon. If we distinguish on the basis of economical
profit, there are two great groups.
In the first group we can insert the people whose purpose is just
economical. It would be the people who want to earn money from the
sexual exploitation of children. Internet is swarming with many
commercial web sites where the registered users can download child
pornographic pictures and videos.
The second group is instead composed of people who wants sexual
satisfaction. They don't look for any kind of profit. This is the
darkest side of the web, based on the creation of real virtual
community ready to use the most sophisticated devices to remain
anonymous and to continue the exchange of illegal material.
These groups can interact sometimes, but it is not so common and
it doesn't happen following codified procedures.
The cases study described below, taken from real episodes followed
by Nucleo Operativo dei Carabinieri di Roma, can clarify the
explanation above, and they can give a precious contribute to
outline a strategic procedure to contrast the spreading of child
pornography on Internet.
2. CASES STUDY.
a. Case Study 1. "FALCON" INVESTIGATION. Italy - U.S.A.
Cooperation. The investigation comes from the
collaboration between U.S. Immigration and Customs Enforcement
(I.C.E.) and Italian Carabinieri. The investigative work, begun in
the U.S. to hit the economical profit coming from the spreading of
child pornographic material, led to the bielorussian company
RegPay Co. Ltd (having headquarters in the U.S.A., in France and in
Spain), responsible of the management and of the profit of more
than 50 web sites holding child pornography material, through a lot
of satellite little companies.
Also the managers of the western headquarters were found, the
group dismantled and all the customers of the site were pursued all
over the world.
For the Italian part of the investigation was requested the
contribute of the Carabinieri. A crossed check of all the data
concerning the analysis of electronical transactions made in Italy
and of the IP log file of Internet connections with child
pornographic sites was performed.
In conclusion, the investigative process has allowed to enquire on
96 people, towards whom were carried out many searchs, with
positive results.
The payment were performed by an electronic credit society
(e-billing), whose center was in United States. The
child-pornographic material was accessible only after the payment
of a subscription. Just to give an idea of the huge business volume
produced by this "economic enterprise", it's enough to say that the
subscription fee oscillated between 20 and 30 euro per month and
each web-site had an average of 3000 subscribers. The photos and
videos represented minors (whose age was between 11 and 16 years)
in attitudes that, following the categories traced in a famous
study of the University of Cork (Ireland), can be considered like
"Erotic Posing" that is images that show naked (or partially
dressed) minors in explicitly provocative situations from the
sexual point of view.
The web-sites under investigation were easy to reach because they
were linked with a lot of other pornographic web-sites and because
it was possible to find them through a normal search engine on
Internet.
Concerning the users of this material, i.e. the subscribers, it
goes here recalled a contrary element to that generally present in
the average; in fact we don't face the "usual above suspicion
professionals". The inquired people were distributed in several
social layers and they did not denote particular abilities in the
use of computer instruments. None of them admitted to be a
pedofile, neither has been found traces of contacts with other
people with the same interests. Omitting the more improbable and
fantastic excuses (hackers that have taken the control of their
computer...), the more frequent justification that the these people
supplied, was that it was an occasional curiosity, grown during
assiduous Internet navigations on pornographic web-site.
b. Case Study 2 - "TWINS" INVESTIGATION. Italy - Europol
Cooperation.
Surveying has been carried out by the cooperation and the
coordination of the Office of European Police and has involved
seven States of the European Union, between which Italy. This work
was aimed to contrast the production and the exchange of computer
child-pornography that happened between pedofiles connected in a
world-wide net and communicating each other through a BBS system.
This term is the acronym of the English expression Bulletin Board
of System and it is communication system that can be compared to a
sort of electronic "showcase" where every customer can leave
messages and other customers can answer to him or add some
considerations. The system of the BBS is very diffused among the
computer pedofiles because it guarantees the anonymity and the
security of conversations. And in fact, being the BBS an
instrument managed also technically from the same group that has
created, it turns out extremely difficult to obtain data about its
customers which do not know each other physically but virtually,
neither it can obtain information on the other members. This
simple outline can be implemented under the profile of the security
in a lot of different way, as the access with password, the use of
proxy server, the adoption of cryptography systems, steganography
and so on. In addition, the BBS are neither linked to other
web-sites, nor indexed in the classic search engines on
Internet.
We should note that the activity of analysis carried out from
Europol, on the base of data coming from the Countries members, has
allowed to trace a meaningful profile of the pedofiles that operate
in the "virtual communities" of Internet. The use of the term
"community" is surely appropriated to describe the BBS,
sophisticated and not so famous communication system, necessarily
stretch to connote its members as a closed group. Such
characteristics have made possible the aggregations of homogenous
and strongly structured society of people devoted to
child-pornography, although the nearly exclusive use of virtual
contacts. This is a fundamental point since the possibility to
giving life to the "group", meant in sociological sense as
aggregation of individuals in order to satisfy both psychological
and physiological needs, is an opportunity that for a pedofile is
granted only in the virtual dimension of the "cyberspace". If the
conversations appeared on the BBS are analyzed with attention, it
is obvious to recognize the features of a phenomenon known as
"groupthink". In social sciences, "groupthink" it comes considered
typical of very closed and homogeneous groups and has some typical
symptoms as: illusion of invulnerability, conviction of the own
rightness, stereotyped vision of the opposing field. Several the
messages appeared in the BBS are an obvious evidence in this
sense.
As an ulterior new evidence of that, the analysis of the present
messages on the BBS shows that its members don't just give
indications on the modalities of exchange of the child-pornographic
material. On the contrary, there are numerous messages concerning
security techniques (anonymous navigation, procedures to hide data,
behavior to hold in case of searchs...), so that the BBS can be
also viewed as a permanent forum on computer science security for
the people devoted to child-pornography. In this aspect it is
shown a clearly different profile compared to the aforesaid
child-pornographic subscribers, that is the consciousness of being
pedofiles.
Also the exchanged material is adapted to such atmosphere. The
age of the minors is remarkably lowered until touching also, in
some cases, children hardly an year old. Also the kind of
pornography is harder and shows, nearly always, scenes of explicit
sexual actions and, sometimes, also of violence. Being this a
closed within, the material able to go around has to be new (cannot
be sent the classic "series" that has been circulating on the net
for various years). This explains also because between the members
of the BBS there are often also the "producers" of such a
material.
However, we do not have to think to BBS members as a small group.
Since Internet has a planetary dimension, the BBS can contain also
thousands of customers. But this people, in order to take part of
the group, must necessarily possess the following "requirement":
meaningful computer science abilities, acquaintance of the English
language and ability to find new child-pornographic material.
3. CONCLUSIONS.
Both these cases, even if different, have similarities. In fact,
in a delocalized enviroment as the Internet virtual dimension, the
crime we are speaking about has always an international
development. The war against the widespreading of computer
child-pornography shows an important challenge in the next future,
that is to fill the gap between the technological "interdependence"
level that has assumed the worldwide structure (spontaneous
process) and the optimum "integration" level (both concerning laws
and organization) that the international community has necessarily
to reach.
Otherwise, it would be possible to guarantee impunity simply
putting a web-site, or a BBS, or a newsgroup... in a foreign
Country that doesn't collaborate. Obviously, this positioning
would be only virtual since a web-site can be recorded in a Country
and be technically managed from people in another State.
In conclusion, the aforementioned positive investigative
experiences testify that the way to international cooperation among
police enforcements is getting more and more important, even if
there is a strong risk that these activities remain something
temporary. So, in order to contribute to a wider and wider
international perspective on this sector, we list the more critic
elements, found during the investigative process, and towards whom
should be focused the attention in the future:
- a. Speed of information exchange. That is
because the informations in Internet can change or be removed very
often (for example, the storage of important data, as log files,
has different rules all around Europe).
- b. Possibility of utilization in the court of
the evidences collected in another Country. The procedures and the
laws concerning computer data collection show often great
differences among severalCountries and this fact can prevent other
Countries from using those data;
- c. Attitude to internationally think to
investigation.
The police enforcements that fight against the child-pornography
have to develop an operative praxis internationally oriented, using
all the possible and available instruments (Europol, Interpol,
connecting Officials in different countries,…) and communicating
all the useful elements (images, nicknames, e-mail, …) in order not
to omit any investigation, useful in this and in other
Countries.
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