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Assessing the Challenges Affecting the Investigative Methods to Combat Online Child Exploitation Material Offenses

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Assessing the Challenges Affecting the Investigative Methods to Combat Online Child Exploitation Material Offenses Aggression and Violent Behavior 55 (2020) 101464 Contents lists available at ScienceDirect Aggression and Violent Behavior journal homepage: www.elsevier.com/locate/aggviobeh Assessing the challenges affecting the investigative methods to combat ☆ online child exploitation material offenses T ⁎ Thomas J. Holta, , Jesse Caleb, Benoit Leclercb, Jacqueline Drewb a Michigan State University, United States of America b Griffith University, Australia ARTICLE INFO ABSTRACT Keywords: Technology has dramatically simplified the process of engaging in a variety of crimes, particularly the dis- Child sexual exploitation tribution of child exploitation materials, or CEM. The ability to share photos and video across the globe through Sexual abuse high speed Internet connections and mobile devices has made it easy to access CEM. At the same time, tech- Policing nology has complicated the investigation of these crimes by increasing the scope of spaces to police that is Investigation operated by public and private entities. This review outlines the challenges inherent in the investigation of CEM Internet in the context of Wall's typology of policing online spaces, recognizing formal and informal sources of social Cybercrime control. The methods used by law enforcement to affect CEM are discussed, highlighting current limitations inherent in online investigations; namely the sheer scope of the problem and the nexus between rapid techno- logical advances and commensurate legal responses, among others. The review highlights the need for en- gagement from industrial and non-governmental organizations in addition to law enforcement in order to fa- cilitate the investigation of CEM offenses; strategies to improve the state of policing CEM need to include integrating public and private sphere responses to these offenses. The proliferation of the Internet, digital technology, and mobile 2015). Though terminology associated with such offenses varies from computing devices has transformed the social and financial lives of country to country (Brenner, 2011; Holt et al., 2017), there is general human beings. We can now engage directly with individuals around the agreement that the phrase Child Exploitation Material (CEM) may be globe in real time through text and video-based chat, as well as pay for preferable as it recognizes any image, video, or related content that goods and services through distributed payment systems at all hours of depicts a child, or a representation of a child in a sexual or offensive the day (Holt & Bossler, 2016; Newman & Clarke, 2003; Wall, 2001). context, including cruelty and abuse (Broadhurst, 2019; ECPAT, 2016). Many of our online activities are enabled through social media plat- Offenders can utilize technology to create and distribute images and forms like Facebook, Twitter, and Instagram, as well as text-based apps video of children engaged in sexualized behavior, as well as solicit like WhatsApp and Telegram. Additionally, we can now share lives- youth for meetings in physical spaces in order to cultivate relationships treaming images and video through platforms like SnapChat and Peri- (Broadhurst, 2019; McLaughlin, 2000; Seto, 2015). Additionally, as scope. juveniles gain access to mobile devices and computers at earlier ages, As our dependence on technologies increase, so too do the oppor- offenders' access to potential victims increases through online en- tunities for individuals to engage in crime and deviance through these vironments (Broadhurst, 2019). In light of these concerns, law en- platforms (Brenner, 2011; Holt & Bossler, 2016; Wall, 2007). There are forcement agencies have continuously adapted their investigative and a range of economic and person-based cybercrimes that may occur human resources to improve the response to offenses involving child (Holt & Bossler, 2016; Leukfeldt et al., 2017), but there is substantial victims (Hinduja, 2004; Holt et al., 2015; Senjo, 2004; Stambaugh social concern over the ways that the Internet and devices are being et al., 2001). In fact, CEM cases are one of the most frequently in- used to target children for various forms of sexual victimization on and vestigated and prosecuted forms of cybercrime globally (Holt et al., off-line (Alexy et al., 2005; Durkin, 1997; Durkin & Hundersmark, 2010; Marcum & Higgins, 2011; Wolak et al., 2011). This may be due in 2007; Holt et al., 2010; Mancini, 2014; Rosenmann & Safir, 2006; Seto, part to the relative criminalization of sexual offenses against youth ☆ Grant number: P18-320: Australian Institute of Criminology. ⁎ Corresponding author at: 655 Auditorium Road, 434 Baker Hall, School of Criminal Justice, Michigan State University, East Lansing, MI 48864, United States of America. E-mail address: [email protected] (T.J. Holt). https://doi.org/10.1016/j.avb.2020.101464 Received 18 December 2019; Received in revised form 17 May 2020; Accepted 26 June 2020 Available online 03 July 2020 1359-1789/ © 2020 Elsevier Ltd. All rights reserved. T.J. Holt, et al. Aggression and Violent Behavior 55 (2020) 101464 (Brenner, 2011; Holt et al., 2017), as well as the generally negative ownership and operation of technological infrastructure. sentiment held toward child-based offenders (Mancini, 2014). This typology also demonstrates the inherent challenge of policing While it is clear that law enforcement is becoming increasingly fo- offenses that depend on various technology infrastructure to produce, cused on CEM cases, there remains a paucity of research considering the distribute and store CEM (Holt, 2018; Holt et al., 2015). Public law actual methods employed to investigate and arrest offenders enforcement agencies have the greatest overall power to investigate (Broadhurst, 2019; Mitchell et al., 2011). Contemporary research on and arrest offenders, but are understaffed and funded compared to the this topic is characterized by a broader focus on the emotional and technology companies operating the infrastructure where CEM may be psychological risks to investigators who must interact with CEM in the found (Stambaugh et al., 2001; Wall, 2007). Technology operators also course of their day-to-day employment (e.g. Burruss et al., 2018; Holt & have greater knowledge as to their specific platform's limitations, vul- Blevins, 2011; Sanchez et al., 2019; Seigfried-Spellar, 2018). The ab- nerabilities, and user bases, including their specific identity informa- sence of evaluation and assessment of methodology may be partially tion. As a result, law enforcement agencies are dependent upon industry due to the difficulties in accessing law enforcement populations to comply with subpoenas, respond to requests to take down informa- (Burruss et al., 2018; Sanchez et al., 2019). Additionally, there is ne- tion, and mitigate CEM through various proactive and reactive means cessary secrecy surrounding the operational methodologies employed (Holt et al., 2015; Wall, 2007). by specific law enforcement agencies to disrupt CEM communities to Both law enforcement and industry are, however, dependent on the ensure that investigations are not compromised. As a result, it is unclear broader population of Internet users to properly report when they ob- from a research perspective how well law enforcement agencies can serve CEM online. In fact, Wall (2007) identified Internet users and respond to CEM, or what the potential barriers are that may emerge as virtual security managers as the largest body of actors who could offenders adapt to new technologies (see Broadhurst, 2019). identify and report online crimes when they occur. Internet users come To address these issues, this study provides a survey of the current into contact with a variety of content across multiple platforms in their state of practice and challenges to affect CEM content in online spaces daily lives, whether via social media, web sites, or forums (Wall, 2007). generally. We utilize Wall's (2007) typology of policing online spaces to If they observe questionable content and actively report it to the web- evaluate the general nature of the law enforcement response to CEM at site operators, Internet users are serving as informal agents of social all levels of social control, with an emphasis on the response among control in the same way as a bystander on the street in the context of Western nations. We then discuss the various forms and methods of offline offending (Holt et al., 2015; Wall, 2007). investigation and mitigation of CEM that have been discussed in the It is unclear how often the average Internet user will come into current academic and practitioner literature. We also consider the contact with CEM content during a normal session of online activity. limitations and challenges these agencies face when dealing with online Such an event is likely to depend on the individual's browsing habits environments in general. Next, we follow with a discussion of the rise of and general interests. For instance, it is possible individuals may in- industrial and non-governmental organizations who respond to CEM advertently observe questionable content while seeking out traditional offenses, and the inherent risks presented by empowering private in- pornographic content (Westlake et al., 2017). They may also view such dustry to engage in otherwise traditional conventional criminal justice content on traditional platforms like Snapchat, though it is unclear how procedures. This work concludes with a series of implications on ways often this content is observed or reported (Broadhurst, 2019). to transform the entire ecosystem involved in
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