Child Pornography

Abstract

Child pornography access through the Internet is easier than ever before. While most researchers and policymakers agree that this media is both enveloping and harmful to our community, we have yet to come to a harmony on how to remove this threat to kids worldwide. This assessment reviews fences the global society must overcome to successfully react to the abuse of children whose sexual maltreatment is chronicled by websites and Internet distribution. Mystery, lack of harmony on pertinent definitions, poor resource allocation, not consistent enforcement, and new threats are examined. To really attack the issue of child pornography, nevertheless; a coordinated reaction of education, cooperation, standardized legislation, and resource allocation is needed.

Introduction

The Internet has opened a virtual Pandora’s Box of sexually explicit images, containing child pornography. New and enhanced equipments/tools such as digital cameras and editing program/software have made it easier to make and deliver child pornography (Meier, 1999; Ong, 2005). And while there is argument as to the utility and legitimacy of sexually explicit images of adults, most would agree that there is no satisfactory disagreement in support of legalizing portrayals of children forced to involve in sexual activity or poses.

Child pornography can be observed as a higher amount of offense than simple child sexual maltreatment in that the sexual exploitation is chronicled by pictures or videos, for the executor or whomever he/she selects to view again and again. In this, the pictures are a permanent record of the child’s maltreatment (Medaris and Girouard, 2002). Yet, the harm in child pornography is not limited to the inherent harm to its sufferers. Certainly, the injury can be extended to how the material is employed by sexual predators, who may display sexually explicit photos of kids to potential sufferers in an attempt to break down hurdles and desensitize them to sexual action and/or activity (Adler, 2001; Medaris and Girouard, 2002; Ong, 2005).

What constitutes ―child pornography is hard to express given the vagaries of the law. In New York v. Ferber, the American Supreme Court established that child pornography is not constituted under the 1^st Amendment and that it should be banned because of the harm sustained by sufferers during its making (1982) in addition to the severe continuing consequences for sufferers’ self-respect (Ong, 2005). In the wake of NY v. Ferber, American Congress passed the 1984 Child Protection Act, which described child pornography in very wide terms (Adler, 2001). One more Supreme Court ruling permitted states to ban depictions of child nakedness if there was graphic concentrate on the genitals, thus making control of child pornography prohibited (Adler, 2001).

Current American statute describes child pornography as ―a visual portrayal of a minor involved in sexually explicit conduct (18 U.S.C. 2256 [8]). On an international level, though, definitions differ from area to area, state to state. Erotica, degrading pornography, aggressive pornography – there is no harmony on major terms associating to this area. What is measured unlawful material in one state may be lawful in others. Furthermore, statues have to be written very cautiously because if they are too wide and far-reaching, they can be struck down as violations on people rights. Akdeniz warns that rules planned to defend children should not contain categorical prohibitions against Internet use to supply substance in areas where the material is willingly accessible to adults in other types. Some have resisted Internet regulation by the regime arguing that that it should be self-controlled by site owners, parents, and global collaboration.

Definitional problems also contain what constitutes a child and what constitutes pornography (Mitchell et al, 2007). In the America, the minimum lawful age for sexual activity can range from fourteen to eighteen. As well, the age of mainstream differs from one state to another, and various states have unlike standards as to what constitutes obscenity or pornography (Ong, 2005). For instance, while American believes computer produced sexually explicit pictures of children legal, they are prohibited in the United Kingdom, Hong Kong (Ong, 2005), and Canada. Additional, not all states make illegal sexually explicit images of kids. Furthermore, cultural mores may prohibit an open debate of problems such as sexual maltreatment, sex, and pornography, which may delay passage of legislation prohibition child pornography (Ong, 2005).

New Threats

Internet child pornography introduces a lot of challenges that conventional printed stuff does not. For instance, the Internet permits criminals the ease of anonymity  (Medaris and Girouard, 2002), and it is feasible that this capability to remain unrecognized may be a participating factor to the raised number of child porn users who may not otherwise seek this kind of stuff (Mitchell et al, 2007). In addition, the secrecy of the Internet permits adults to make online profiles demonstrating they are kids, thus giving them easier access to kids (Ong, 2005).

Compounding the issue is the comparative comfort in which online abusers can use anonymous proxy servers, several of which are free and situated in other states. Proxy servers enable a single computer linked to the Internet to act for one or more other computers. By utilizing a proxy server, a person’s online illegal activity emerges to have been done by the proxy server (Mitchell et al, 2007).

On the other hand, law enforcement tries to track online criminals are aided by secrecy as well. In the same way possible abusers can pretend to be kids when online, it is comparatively easy for an undercover agent to impersonate a child in chat rooms or social networking sites (Friel, 2006).

One more new challenge in addressing the issue of child pornography is that sexually open stuff is comparatively cheap and easy to make and access. Professionals worry Internet availability is leading to the abuse of more kids (Mitchell et al, 2007; Mueller, 2006) by generating a demand for new sufferers or moving from fantasy or voyeuristic action to hands-on crimes against kids (Medaris and Girouard, 2002). Additionally, this increased availability to online child pornography appears to be desensitizing abusers (Friel, 2006; Mueller, 2006; Schell et al, 2007); pictures are displaying younger children and more aggressive/graphic acts against them.. Alarmingly, several professionals agree that pornography performs a role in employing and controlling new sufferers by not only making kids believe sex between adults and kids is normal, but using the images taken of the sufferer as possible blackmail to make sure the sufferer’s silence (Medaris and Girouard, 2002). Furthermore, some online pornographers are taking additional measures to stop detection, such as utilizing file-sharing networks and encrypted web pages, anonymous proxy servers, utilizing stolen credit cards, and traveling to distant states to abuse kids (Mueller, 2006).

Not only are online abusers utilizing the computer to find potential sufferers, they are utilizing the technology to find other like-minded people. Computers permit pedophiles to interact with each other to find sufferers as well as to exchange and deliver sexually explicit pictures. For pedophiles, this online society assigns status based on the amount and quality of their photograph collections. This collecting behavior adds creditability to the disagreement that sexually explicit pictures of kids are both trophies and supplies (Quayle and Taylor, 2002).

As growing numbers of kids employ the Internet on a frequent basis, the possible of unwanted sexual solicitations also raises (Mitchell et al, 2007). Criminals may take benefit of the trusting nature of kids by obtaining personal information and increasing online contacts for the purpose of luring them away from home for sexual intentions (Medaris and Girouard, 2002). Mitchell et al 2007 discovered one in four youths who employ the internet got requests for sexually explicit images, therefore engaging kids to self-produce heir own pornography (2007). In addition, it is projected that kids between the ages of twelve to seventeen are among the largest users of pornography (Meier, 1999).

Resources Allocation

As several states concentrate law enforcement resource allocation on attempts to inspect terrorism, referrals for prosecuting suspected terrorists have raised (Mueller, 2006). In spite of the threat of terrorism, associations must locate a balance between distributing resources for counterterrorism with the demand for analyzing data in child abuse cases (Mueller, 2006). Internet child pornography cases are difficult and time taking endeavors and often need networking with other jurisdictions. Often, by the time examiners have effectively traced the supervisor of suspected child porn websites, the websites have transferred elsewhere on the Internet. Additionally, specifically sophisticated web admins can make their sites seem to be managed from overseas or can conceal the true “Internet protocol” IP address in order to hide their online locations (Medaris and Girouard, 2002, Mueller, 2006).

For several years, a lot of law enforcement agencies have relied on free software applications to help track IP locations of suspected online abusers, there is no responsibility for the programs to work precisely, there is no technical assistance, and the proof obtained utilizing freeware is not always admissible in court (Medaris and Girouard, 2002, Mueller, 2006). On the other hand, more recently, some agencies are utilizing a network analyzer program to capture and show user IP addresses, which increases some of the issues of freeware. Like several other industries, Internet child porn sites promote to potential new customers.

While the advertisements assist law enforcement in finding the sites, several sites use a sophisticated system of registering consumers so that only paying users are connected to the prohibited stuff, often masking the true location of the content (Medaris and Girouard, 2002, Mueller, 2006). In addition, some sites use 3rd party collection sites to get user payments. While American firms have been willing to help law enforcement with consumers records, foreign firms have not been as supportive (Medaris and Girouard, 2002, Mueller, 2006).

American Federal Bureau of Investigation (FBI) presents training on their Image Scan program, which permits examiners to recognize, isolate, and store images from a suspect’s computer onto a portable jump drive. Not only is this training presented to law enforcement within the America, it is presented to partner agencies in other states as well (Medaris and Girouard, 2002).

In addition, in response to the growing threat of online sexual abusers, the Internet Crimes Against Children Task Force Program was started in the America in 1998. The program helps state and local law enforcement agencies make policies for addressing problems associated to sexually-motivated cyber offenses, containing training and technical support, investigative and forensic components, sufferer services, and public education (Mueller, 2006).

Nevertheless, without enough resource allocation, tries to inspect online child pornographers effort. In police agencies without enough technological expertise or the funding to obtain advanced tools for conducting forensic computer inspections, several cases are possibly ignored (Medaris and Girouard, 2002).

Public Policy Issues

Given the definitional problems of what constitutes a kid or child pornography, one of the most significant policy problems of this issue is developing a uniform, cross-cultural definition or guidelines on what constitutes child pornography. In doing so, the legal action worldwide can be more successful and both purveyors and users can be held lawfully responsible for the harm they cause. Cassanova suggests a stress on protecting kids in enacting legislation as this concentrate usually supersedes right to privacy and free speech problems. Furthermore, legislation should contain provisions that enable for prosecution of child pornography processes, providers, sellers, and users in their home states for materials produced, supplied and sold in other states (Akdeniz, 2001).

A major component in capturing sexual abusers is cooperation (Mitchell et al, 2007) between global, national, state, and local law enforcement agencies (Medaris and Girouard, 2002, Mueller, 2006). Global support is an essential component as the technology branches across national limitations. Internet child pornography is an international threat. As a result, global collaboration is an essential (Mueller, 2006). Police agencies, specifically small agencies or those rural regions that might not have the resources to have trained employees must be willing to ask for support from agencies with employees particularly trained to carry out this type of inspection.

Cooperation with the private sector can also be a major element in fighting child pornography (Ong, 2005). Not only can private people assist the police in reporting suspected online abusers, but private business may be useful in developing policies for tracking criminals.

One more component for policymakers in addition to the media is to make sure the message of prevention and detection is given to the public, particularly parents (Mueller, 2006), educators, trainers, and child caregivers (Ong, 2005). It has been disputed that it is the parents’ duty—not the regime’s—to observe what their kids are evaluating on the Internet in addition to those with whom their children are interacting on the Internet (Akdeniz, 2001). On the other hand, while public awareness is growing, several parents and kids remain unaware of the possible threats of disclosing personal information to the strangers they meet online (Medaris and Girouard, 2002). Parents may not recognize web cameras and chat rooms as possible for child maltreatment (Mueller, 2006). And, parents may not be conscious that online abusers have approached their kids with unwanted sexual solicitations or demands to take sexual photos of themselves. Nevertheless, the message needs to be passed on to both kids and adults; public need to be aware that these kinds of requests are prohibited and should be informed to the police (Mitchell et al, 2007). Public service declarations and training for parents on strategies used by online abusers can be helpful tools in assisting the public realize how these offenders operate (Mueller, 2006). But the bottom line is that parents require to be more positive in observing their children’s Internet employ, containing keeping the computer in a public area of the house instead of the bedroom, teaching kids how to defend their personal information, discouraging the employ of webcams, and discussing to kids about those with whom they interact online (Mueller, 2006).

Additionally, attempts should be made to partner with Internet service suppliers in reporting prohibited content. By saving and giving this data to law enforcement, Internet service suppliers can play a major role in effectively prosecuting online abusers (Quayle and Taylor, 2002; Mueller, 2006). In the America, coordination between Federal law enforcement organizations and Internet service suppliers has been a comparatively smooth procedure, but more agencies should have approach to child pornography associated tips to the National Center for Missing and Exploited Children. And, some statutes limit distributing these tips with state and local agencies (GAO, 2002).

Conclusion

Obviously, there is much work to be accomplished to truly eliminate the availability of online child pornography. But, growing numbers of parents and kids are becoming conscious of the possible threats of the Internet and how to defend against online abusers. In addition, law enforcement officials are developing expertise sets to inspect and coordinate efforts to track and apprehend online criminals. Such coordination is necessary in decreasing the risk of a criminal having advance notice that the police have detained co-conspirators and may be on the way to arrest him (Medaris and Girouard, 2002, Mueller, 2006). Eventually, policymakers must develop standardized reactions to people arrested for this conduct. Laws addressing the making, sharing, and control of child pornography differ from area to area and state to state, allowing criminals ―safe pockets from which they can manage. Coming to a harmony on what constitutes child pornography and developing similar results for those who select to involve in this activity would eliminate safe havens for criminals.

Child pornography is a dangerous, destructive, and abusive act toward the adolescence of the world. On the other hand, with additional educational endeavors, raised resource distribution to police organizations and/or agencies, and a more coordinated, standardized reaction from policymakers, we can move forward in pulling the plug on child pornography.

 

References

Akdeniz, Y. (2001).  Governing pornography  and  child pornography on the Internet: the UK

approach.Cyber-Rights, Protection, and Markets: A Symposium.  University of West Los Angeles Law Review, 247-275.

Meier, E. (1999). Child pornography, the Internet, and congressional activity.  Pediatric Nursing, 25: 661

Ong, R. (2005).  Child pornography and the Internet in Hong Kong. Rutgers Computer  and

Technology Law Journal, 32(1): 81-108.

Schell, B. H., Martin, M. V., Hung, P. C. K., and Rueda, L. (2007).  Cyber child pornography: a

review paper of the social and legal issues and remedies – and a proposed technological solution.  Aggression and Violent Behavior, 12: 45-63.

Medaris, M. and Girouard, C. (2002).  Protecting children in cyberspace: the ICAC Task Force

ProgramOffice of Juvenile Justice and Delinquency Prevention Juvenile Justice Bulletin, January.

Adler, A. (2001).  The perverse law of child pornography.  Columbia Law Review, 101 (2): 209-

273.

Quayle, E.  and  Taylor, M. (2002).  Child pornography and the Internet: perpetuating a cycle of 

abuse. Deviant Behavior: an Interdisciplinary Journal, 23: 331-361.

Mueller III, R. S. (2006). Child pornography and the Internet: protecting the most vulnerable

among us.  Washington, D.C: Address delivered to the Project Safe Childhood Conference

Mitchell, K., Finkelhor, D., and Wolak, J.D. (2007).  Online requests for sexual pictures from 

youth: risk factors and incident characteristics.  Journal of Adolescent Health, 41: 196-203.

Jewkes, Y.  and  Andrews, C. (2005).  Policing the filth: the problems of investigating online

child pornography in England and Wales.  Policing and Society, 15 (1): 42-62.