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Journal of Digital Forensics, Security and Law

Volume 9 Number 4 Article 3

2014

Fighting Child : A Review of Legal and Technological Developments

Jasmine V. Eggestein Nova Southeastern University

Kenneth J. Knapp The University of Tampa

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Recommended Citation Eggestein, Jasmine V. and Knapp, Kenneth J. (2014) "Fighting : A Review of Legal and Technological Developments," Journal of Digital Forensics, Security and Law: Vol. 9 : No. 4 , Article 3. DOI: https://doi.org/10.15394/jdfsl.2014.1191 Available at: https://commons.erau.edu/jdfsl/vol9/iss4/3

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FIGHTING CHILD PORNOGRAPHY: A REVIEW OF LEGAL AND TECHNOLOGICAL DEVELOPMENTS Jasmine V. Eggestein Kenneth J. Knapp Nova Southeastern University The University of Tampa Fort-Lauderdale-Davie, Florida 33314 Information & Technology Mgt. Dept. [email protected] Tampa, Florida 33606 [email protected]

ABSTRACT In our digitally connected world, the law is arguably behind the technological developments of the Internet age. While this causes many issues for law enforcement, it is of particular concern in the area of child pornography in the United States. With the wide availability of technologies such as digital cameras, peer-to-peer file sharing, strong encryption, Internet anonymizers and cloud computing, the creation and distribution of child pornography has become more widespread. Simultaneously, fighting the growth of this crime has become more difficult. This paper explores the development of both the legal and technological environments surrounding digital child pornography. In doing so, we cover the complications that court decisions have given law enforcement who are trying to investigate and prosecute child pornographers. We then provide a review of the technologies used in this crime and the forensic challenges that cloud computing creates for law enforcement. We note that both legal and technological developments since the 1990s seem to be working to the advantage of users and sellers of child pornography. Before concluding, we provide a discussion and offer observations regarding this subject. Keywords: child pornography, cybercrime, cloud forensics, encryption, U.S. federal law 1. INTRODUCTION some have placed the sexual exploitation of children on the Internet to be a $20 billion In a famous speech, renowned Supreme black market globally (Brockman, 2006). Court Justice Oliver Wendell Holmes said, Some assess that the legal and larger "It cannot be helped, it is as it should be, pornography industry generates more that the law is behind the times" (Library of revenue than many of the largest technology Congress, 2010). In the digital age, these companies including Microsoft, Google, words ring truer than ever. In our hyper- Amazon, eBay, Yahoo! and Apple combined connected and ever-evolving technological (Family Safe Media, 2013), whereas others world, it seems increasingly challenging for conservatively measure the industry at about the law to keep up with today’s technology. the size of the U.S. bottled water market This is especially the case with regards to the (Spencer, 2012). In the United States, an crime of child pornography. estimated 50,000 people are believed to be Child pornography has been the number actively trading illegal images of child one child exploitation offense since the early pornography at any given time based on 2000’s (Motivans & Kyckelhahn, 2007). downloads of known prohibited videos and While numbers measuring the usage of illegal photographs that can be tracked to child pornography are difficult to assess, individual computers (Johnson, 2014). An

© 2014 ADFSL Page 29 JDFSL V9N4 Fighting Child Pornography: A Review of Legal ... This work is licensed under a Creative Commons Attribution 4.0 International License. investigative reporter claimed the vast technological and legal environments along majority of subscription-based child porn with a section on the contributions and sites operated by a Russian cybercrime limitations of the paper. A chief goal of our organization consists of Americans, paying paper is to create more awareness, about $40 per month. These sites are often particularly among policy makers, of the called “strawberry and Lolita” sites in the legal and technological challenges faced by Russian criminal underground. One network law enforcement in fighting child of these sites attracted more than 100,000 pornography. visitors per day while making over $5 million per month (Krebs, 2014). Moreover, the 2. LITERATURE REVIEW clearance rate for this crime is very low; it is The area of child pornography is not the only estimated that one in every 15 people caught field in which technology seems to outpace viewing child pornography is actually the legal realm. With new technologies arrested (Greenwood, 2013). impacting the fields such as medicine, oil The growth of the Internet with its exploration, and the relationship between functionality and conveniences has proven surveillance and privacy, the law will immeasurably beneficial to many industries naturally be reactive in addressing related and society at large. However, the expansion legal issues. Where computing technology is of cyberspace has also made the production concerned, however, the law seems especially and distribution of child pornography much behind the times. easier (Chawki, 2009). In addition, Our review may be illustrated as a technological developments have allowed timeline or framework comparing and listing offenders to create this material the major legal and technological events surreptitiously, increasing law enforcement’s relating to digital child pornography. Figure difficulties in apprehending and prosecuting 1 shows how significant technological offenders. Child pornography is a type of developments and enablers are frequent sexual exploitation. U.S. federal law defines occurrences since the 1990s, whereas at the child pornography as any visual depiction of federal level of U.S. law, significant court sexually explicit conduct involving a minor cases and laws impacting child pornography (less than 18 years of age) that includes are less frequent. In this paper, we will engaging in graphic bestiality, sadistic or unpack this timeline describing first the legal masochistic abuse or sexual intercourse, dimension followed by the technological including genital-genital, oral-genital, anal- dimension also covering forensics and how genital or oral-anal, whether between people they relate to the subject of digital child of the same or opposite sex (Cornell LII, pornography. Thus, Figure 1 provides an 2013b). U.S. federal law prohibits the overview and guide of the paper hitting the production, distribution, importation, major points on the temporal scale. The reception, or possession of any image of child remainder of this paper covers the timeline pornography (Department of Justice, 2013). material in greater detail. Digital child pornography is also referred to as “online child sexual abuse” in the literature in the United Kingdom and “child sex abuse images” within the United States. This paper will explore the evolution of both the legal and technological environments surrounding the child pornography market. It will end with a discussion about the relationship between the

Page 30 © 2014 ADFSL Fighting Child Pornography: A Review of Legal ... JDFSL V9N4 This work is licensed under a Creative Commons Attribution 4.0 International License.

Figure 1. Timeline of Major Technological and Legal Events Affecting Digital Child Pornography.

until 1957, when the Supreme Court adopted 2.1 Legal Environment a more defined test for obscenity, specifically: Prior to 1957, the ruling authority in the "whether to the average person, applying United States on the production and contemporary community standards, the distribution of materials considered to be dominant theme of the material taken as a obscene came from an English common law whole appeals to prurient interest" (Roth v. termed the “Hicklin Test”. In an 1868 case, United States, 1957). Nine years later, the Regina v. Hicklin, the English court held Court further narrowed this definition to that all material tending "to deprave and include only those materials which are to be corrupt those whose minds are open to such considered "patently offensive" and "utterly immoral influences" was obscene, regardless without redeeming social value" (Memoirs v. of its artistic or literary merit (Regina v. Massachusetts, 1966). Hicklin, 1868). In 1896, the United States In 1973, the United States Supreme Supreme Court based their opinion in Rosen Court again changed its definition of v. United States on the Hicklin Test, thereby “obscene materials” stating that materials officially adopting it as the standard for “judged to be obscene by the average person, obscenity (Rosen v. United States, 1896). applying contemporary community The Hicklin Test remained the standard standards" would not be protected under the

© 2014 ADFSL Page 31 JDFSL V9N4 Fighting Child Pornography: A Review of Legal ... This work is licensed under a Creative Commons Attribution 4.0 International License. First Amendment. However, addressing the Legislation to specifically criminalize the call to protect the freedom of expression, the distribution or transportation of digital child Court sought to limit state statutes designed pornography via computer was contained in to regulate obscene materials and more the Child Protection and Obscenity clearly define “obscenity”. In order to do so, Enforcement Act of 1988. This Act also the court established a three-pronged test required the makers of explicit portrayals to which is still used today. The test includes a preserve individually identifiable records set of criteria which must be met in order for relating to every performer in the portrayals. a work to be legitimately subject to state The Child Pornography Prevention Act of regulation: (1) whether the average person, 1996 criminalized virtual images of child applying contemporary community standards pornography that contained no human (not national standards, as some prior tests actors, banning images and videos in which required), would find that the work, taken as actors appeared to be children (Jones, 2011) a whole, appeals to the prurient interest; (2) by interdicting, "any visual depiction, whether the work depicts or describes, in a including any photograph, film, video, patently offensive way, sexual conduct or picture, or computer or computer-generated excretory functions specifically defined by image or picture" that "is, or appears to be, applicable state law; and (3) whether the of a minor engaging in sexually explicit work, taken as a whole, lacks serious literary, conduct." Further, Congress expressed the artistic, political, or scientific value (Miller v. concern that digitally produced images of California, 1973). children would interfere with the prosecution of child pornographers because as technology Four years after the Miller decision, the evolved, it would be progressively difficult to first federal law against child pornography determine which images were produced using was enacted: the Protection of Children a child and which were not (Kwan, 2009). Against Sexual Exploitation Act of 1977.At As a response to the United States Supreme this time, Congress expressed alarm that Court decision in Ashcroft v. Free Speech child pornography and prostitution had Coalition in 2002, Congress created the become a national problem and was Prosecutorial Remedies and Other Tools to systematically operated by criminal End the Exploitation of Children Today organizations. This act allowed for the (PROTECT) Act of 2003, which made illegal prosecution of individuals found to any visual depiction of minors engaged in manufacture or deliver child pornography, sexually explicit behavior where that image but required that the materials be considered depicts an act that is itself obscene, as obscene under the Miller test and only defined under the Miller test (Burke & Ford, protected children aged sixteen or younger. 2011). Revisions made to this Act in 2008 The Child Protection Act of 1984 removed also criminalize “child pornography that is an these restrictions and required manufacturers adapted or modified depiction of an of pornography to keep records ensuring that identifiable minor” (PROTECT Act of 2008). their performers were of legal age. This Act Finally, the Adam Walsh Act of 2006 increased the age of majority from sixteen to provided enhanced criminal penalties in cases eighteen while making criminal all in which the defendant can be shown to have production of child pornography regardless of put the victim through a process called whether it was produced for transportation “grooming”. This involves providing child in interstate commerce. The Child Sexual pornography to a minor with the intent of Abuse and Pornography Act of 1986 made encouraging the child to engage in the sexual advertising child pornography illegal and behavior (Moore, 2011). enabled victims of child pornography to bring civil suits against offenders (Cornell While the first federal law criminalizing LII, 2013a; Kwan, 2009). child pornography was enacted in 1977, it

Page 32 © 2014 ADFSL JDFSL V9N4 Fighting Child Pornography: A Review of Legal ... This work is licensed under a Creative Commons Attribution 4.0 International License. took several years before the courts began Coalition, 2002; Moore, 2011). In reaction to upholding these statutes. The first child the decision, former Attorney General John pornography case brought before the U.S. Ashcroft stated that the court had made the Supreme Court was New York v. Ferber.In prosecution of child pornographers this case, the Court was asked to determine “immeasurably more difficult” while stating, whether the First Amendment protected an “I am undeterred in my resolve to do all that individual’s right to manufacture and I can to protect our children from the distribute images and videos of child pornographers and other predators who pornography. The Supreme Court ruled that would prey on their innocence.” The decision the need to protect the emotional and was a victory for civil libertarians who feared physical well-being of the child superseded the Supreme Court would use Internet First Amendment protections in that pornography concerns to narrow the distribution of these materials is related to interpretation of the free-speech clause of the child abuse (New York v. Ferber, 1982). First Amendment (Mauro, 2002). Eight years later, in Osborne v. Ohio, the These U.S. Supreme Court cases have Supreme Court held that the First significantly impacted lower court decisions Amendment does not disallow states to across the United States. For instance, a outlaw not only the production and 2013 Texas court decision sited the distribution of child pornography, but also ‘Ashcroft’ and ‘Reno’ decisions. In the 1977 the mere possession and viewing of the Supreme Court case, Reno v. ACLU, the materials. The Court’s reasoning behind the Court struck the anti-indecency provisions of opinion was not to prohibit or limit free the Communications Decency Act of 1996, speech, but rather to decrease the market for which prohibited the dissemination of child pornography and thereby protect the indecent, and not simply obscene, children involved (Osborne v. Ohio, 1990). communications to children over the Internet In relation to virtual child pornography, (Reno v. ACLU, 1997). The Ashcroft and the Supreme Court heard Ashcroft v. Free Reno cases have been used to void state laws Speech Coalition in 2002. The Free Speech that deemed it illegal to communicate in a Coalition is a non-profit, pornography trade sexually-explicit manner with a person association. In this case, the Court ruled that believed to be a minor with the intent to law enforcement officers who investigate gratify one’s sexual desire. The Texas court, child pornography are responsible for citing these cases, struck down a state law in providing proof that the images seized are a concern that the law was overbroad and those of an actual child. This nullified may have been used to ban literary works portions of the Child Pornography that would enrich children (Ex Parte John Prevention Act of 1996, which had Christopher Lo, 2013; Hilden, 2013). previously criminalized the possession or viewing of images containing those perceived 2.2 Technological Environment to be minors engaged in sexual activity. The In the 1980s, child pornography trafficking Court made this decision in an effort to was nearly eliminated in the United States preserve the First Amendment freedom of due to targeted campaigns of law speech stating that while child pornography enforcement. The production and is not protected by the First Amendment, distribution of these materials was difficult virtual child pornography, produced without and perpetrators were numerically few and the use of actual minors, is protected (Hatch, isolated in society. Today, the child 2012, note 16.). This decision has had pornography market has expanded rapidly significant repercussions for law enforcement and substantially since the advent of the and prosecutors seeking to apprehend Internet (Department of Justice, 2013). Law pedophiles (Ashcroft v. Free Speech

© 2014 ADFSL 33 JDFSL V9N4 Fighting Child Pornography: A Review of Legal ... This work is licensed under a Creative Commons Attribution 4.0 International License. enforcement officials often struggle to different sources that clone locations and maintain a proactive approach to fighting orientations. The 2012 release of CS 6.0 this crime. Offenders are constantly finding included enhanced layering and masking innovative methods of committing their tools, a lighting effects gallery, and increased crimes, particularly with the goal of support for web integration (Adobe, 2012; generating more revenue at a lower risk. To Bjango, 2012; Creative Bloq, 2012) with the advantage of child pornographers, newer versions to offer cloud hosted software. information technology is advancing at an These capabilities allow for advanced unprecedented rate providing new ways to manipulation of digital imagery and media produce and secretly distribute illegal that can make it difficult for law enforcement material. Low-cost innovations such as smart to prove whether a digital image is that of an phones and thumb drives have made it easier actual child. Continued advancement of for offenders to collect, store and trade child photo manipulating software, graphics, and pornography. Electronic forums such as multi-media technologies will make both social media and virtual worlds have given altered photographs of human beings and criminals additional ways to market their computer-generated images indistinguishable imagery. Furthermore, advanced technologies from raw images of an actual human person. such as strong encryption and peer-to-peer networking have made it increasingly 2.2.2 Strong Encryption difficult for law enforcement to apprehend It is widely recognized that properly used child pornographers. In this section, we will modern encryption is exceedingly difficult to cover these topics and the most significant crack, making law enforcement’s job of technology advancements that have enabled deciphering encrypted child pornography online child pornography. evidence nearly impossible without knowing 2.2.1 Graphic Editing Software the secret key. Encryption tools that are widely available from the Internet are used The evolution of Photoshop alone has in various ways in the child pornography provided multiple tools for rapid production underground. Criminals will visit web servers of higher resolution child pornography. with encrypted proxy services and view and Today, Photoshop is the de facto standard transport illegal pictures and videos via graphics and digital imaging software; it is encrypted virtual private networks. They used across the world in various industries also use web-based email services such as and different contexts. The first version of Hushmail that use strong PGP encryption Adobe’s Photoshop was released in 1990 and that is difficult to defeat and designed to included only basic photo-editing options. keep communications secret (U.S. Sentencing While Photoshop 1.0 was written for Commission, 2012). Media may be secured Macintosh computers only, Adobe released with disk encryption products on the open Photoshop 2.5 for the Windows operating source market. Communication may occur systems in 1992. An upgrade significantly via encrypted social media. Many of these benefitting child pornographers was released encryption tools use industry standards such in 1999: Photoshop 5.5 allowed for the as Secure Sockets Layer/Transport Layer integration of their software with web Security (SSL/TLS), the Advanced hosting, making it easier to use the Internet Encryption Standard (AES) and the Triple as a distribution channel. Photoshop Digital Encryption Standard (3DES) Creative Suite CS3 in 2007 included major enciphered with robust, pseudo-random keys, improvements to image editing options, making cryptanalysis (i.e., code-breaking) including the introduction of the Quick difficult, if not impossible. Today’s Select tool and the Clone Source palette encryption technology is so strong that law (West, 2010), enabling the overlaying of enforcement often must find ways to get

Page 34 © 2014 ADFSL JDFSL V9N4 Fighting Child Pornography: A Review of Legal ... This work is licensed under a Creative Commons Attribution 4.0 International License. around the encryption. During searches, for functions, such as purchasing web domains example, law enforcement can use ruses such for the criminals. The trafficking of this as pretending to repossess an offender’s car material on peer-to-peer networks appears to draw the person out of his house before widespread, representing an enormous carrying out the search and/or arrest challenge to law enforcement. warrant so that the computer can be accessed by law enforcement in an 2.2.4 Cloud Computing Services unencrypted state (Cryptome, 2010). Cloud computing is raising new challenges 2.2.3 Peer-to-Peer Networking for digital forensic examiners, including those investigating digital child pornography. New developments are allowing for easier, Cloud computing utilizes hosted services over faster, and increasingly untraceable methods the Internet, rather than installing a service of digital production and distribution of child directly onto a machine. The definition of pornography. Distribution has now moved cloud computing from the National Institute beyond older electronic methods such as of Standards and Technology (NIST) states, visiting web sites or sharing email “Cloud computing is a model for enabling attachments. Today, significantly advanced ubiquitous, convenient, on-demand network distributive technologies include peer-to-peer access to a shared pool of configurable networking and cloud computing. Peer-to- computing resources (e.g., networks, servers, peer networking involves the linking of two storage, applications, and services) that can or more computers in order to share digital be rapidly provisioned and released with files, including music or video. Peer-to-peer minimal management effort or service networks are a popular mechanism for the provider interaction” (Mell & Grance, 2011). criminal acquisition and distribution of many While the cloud can be incredibly valuable types of illegal media, including child for legitimate users, it can cause difficulties pornography. Researchers, observing two for investigators who deal with digital different file sharing platforms over a one evidence. In a cloud computing system, files year period, detected about 2.5 million run on virtual machines, which use volatile distinct peers from over 100 countries dealing data. Volatile data cannot sustain without hundreds of thousands of files verified as power, and is thereby deleted when a virtual child pornography (Hurley et al., 2013). One machine terminates. A virtual machine may file sharing tool that has been used in terminate periodically, or may be forced to distribution is called Ares (Leon & Gonzalez, terminate under an attack, such as a denial- 2013), which is an open-source, peer-to-peer of-service attack. As soon as the virtual file sharing application that uses its own machine terminates, any volatile data is decentralized network while supporting the erased. This means there is no remote access BitTorrent protocol. Together, these to the deleted data. Another difficulty in technologies allow criminals to automate performing digital forensics in the cloud is domain name service updates to hide web that storage resources and locations are sites that host illegal activities such as child shared among users. Thus, various user data pornography and identity theft, among can be found on the same cloud server, others (ICANN, 2008). Illegal media is also making separation difficult without the routinely distributed using hacked or zombie potential to unlawfully violate the privacy of computers that may be part of a botnet (a others. This creates a challenge in malicious network of compromised computer establishing a connection between any devices) operated by an organized crime particular data and the alleged offender syndicate. Unknown to the user, a (Zawoad & Hasan, 2013). Further, cloud compromised computer can then store and computing allows users to store information distribute illegal materials and serve other using the Web, and thereby forego

© 2014 ADFSL 35 JDFSL V9N4 Fighting Child Pornography: A Review of Legal ... This work is licensed under a Creative Commons Attribution 4.0 International License. traditional geographical limitations, possibly described as the "largest facilitator of child causing the location of the physical data to pornography on the planet," provided a look be unknown. These problems associated with into the dark side of the Tor network cloud and virtual technologies make it (Poulsen, 2014). difficult and sometimes even impossible to Criminals can also compromise legitimate conduct traditional digital forensics (Coty, business servers in order to host illegal 2014). Offenders may store information on a material. Child pornography dealers can hack server located abroad, where legal into vulnerable servers and web sites to requirements and limitations may be create orphan folders that cannot be accessed drastically different from those within the from a site’s navigation system of links and United States. As cloud forensics are a menus. Unsuspecting small to medium sized relatively new area, there are currently few businesses (SMBs) that do not usually established forensic tools and procedures for maintain savvy technology and security acquiring digital evidence. To sum-up, professionals on staff can be especially today’s cloud computing architectures are vulnerable. In one case, a furniture store was designed for cost-effectiveness through hosting hundreds of images of extremely efficient computing and economies of scale violent child abuse in an orphan folder that and not for digital forensics. was only accessible to those who knew the direct web address (ITV, 2013). These 2.2.5 Anonymizers & Hosting hacked sites also serve as a redirect Services destination, tricking visitors to legal (adult) Today, a wide array of new programs offer pornography sites into clicking on a disguised anonymous hosting services on the Internet. web link that takes their browser to the A prominent example, once an acronym for illegal child imagery. The criminal’s goal “The Onion Router” network, Tor leads would be to get visitors interested in viewing Internet traffic across a global network of more and possibly addicted to the child relays to hide a user’s activity and depictions. Moreover, the use of orphan whereabouts from surveillance and discovery. folders hosted on web sites is a way to It is believed that Tor, with its layers of circumvent any pornography-blocking routing and encryption, has prevented content filters, since the web address would surveillance organizations like the U.S. be that of a legitimate business (Internet National Security Agency (NSA) from easily Watch Foundation, 2013). SMBs need to be reading its traffic. In slides provided by aware of these dangers and secure their former NSA contractor Edward Snowden, servers to prevent this type of illegal activity. the NSA stated, 'We will never be able to de-anonymize all Tor users all the time but 2.2.6 Social media with manual analysis we can de-anonymize a Child pornography is often traded using very small fraction of Tor users” (The electronic forums, newsgroup advertisements, Guardian, 2013). Allegedly operated by Eric social media, and email spam (Wikileaks, Eoin Marques, Freedom Hosting has been 2009). Social media sites such as Twitter and accused of storing large amounts of child Facebook can be used to exchange illegal pornography on the Tor network. Freedom digital content. In one case, Google+ was Hosting was a provider of Tor hidden accused by Consumer Watchdog that online services, which are sites using the top-level child predators used its service. In a press domains of “.onion”. The site was accused of release, the organization claimed that hosting 95 percent of the child pornography “hundreds of suspected pedophiles and sexual on the Tor network with sites attracting predator rackets who traffic in highly sexual thousands of users (Poulsen, 2013). The take- and exploitive images of their child victims down of Marques, a dual U.S.-Ireland citizen

Page 36 © 2014 ADFSL JDFSL V9N4 Fighting Child Pornography: A Review of Legal ... This work is licensed under a Creative Commons Attribution 4.0 International License. appear to be both using Google+ and posting real children into a scene depicting sexual these images to the social network” and that acts. Other social media sites such as Wickr “Google+ is also being used by suspected that enable strong encryption and provide pedophiles to troll for underage users in short-lived text messages may also provide order to engage them in sexually new challenges to law enforcement and suggestive/sexually explicit online opportunities for predators as they find ways conversations, texts, and even videos.” to manipulate social media services. (Consumer Watchdog, 2013). The Center for Missing and Exploited It has been reported that public Twitter Children has been on the leading edge in the accounts have been used to share imagery of United States in the fight against child a young boy being raped (Barfe, 2012). pornography. They operate an office in Another case involved an individual who Silicon Valley to help educate technology used Tumblr to find and share child leaders and organizations about how the pornography described by a local district Internet is used in sex trafficking. They also attorney as images of “…children being tap into mainstream social networks, raped…this is children being sexually including Facebook and Instagram, looking assaulted…(images) dating back to the 70s for evidence of illegal content. Many digital and 80s” and traded by people who view the photographs, for example, carry detailed images and thus create a market demand for metadata that can identify the application more imagery. In this case, the person was used to distribute a photograph, the GPS caught, found guilty and sentenced to three location coordinates, time taken, and even years in prison. After a local media request, the account name of the person who posted Tumblr made a statement, saying, “Tumblr an image (Bowles, 2014). This metadata can does not tolerate inappropriate content then be given to law enforcement. involving minors, and has taken aggressive efforts to prevent and combat child 2.2.7 Virtual Worlds exploitation. We remove or prevent upload of A type of massively multiplayer online game such content immediately upon detection, (MMOG), a virtual world is a simulated, and report instances of child exploitation to computer-generated setting that is based in the National Center for Missing and the digital realm (i.e., cyberspace). These Exploited Children” (Dowty, 2013). virtual environments have faced moral In other instances, social media may be criticisms to include accusations of child used by predators to make contact with abuse and child pornography in virtual victims so they can be groomed for abuse to depictions of avatars, some that may appear include the creation of child pornography. To as minors or have childlike features. While find and potentially groom victims, predators considered ‘protected speech’ by the U.S. will go to the websites that children visit, Supreme Court, some European countries including chat rooms, gaming sites and social have given more attention to virtual child media sites. Additionally, predators go to rape and sexual abuse in virtual worlds. In social media sites of individuals that have Germany for example, prosecutors publically open profiles looking for investigated an incident where anonymous photographs of children posted by parents, players were buying sex with other players for example. Seemingly innocent photos of a posing as children, as well as selling child child perhaps taking a bath or in the sand at pornography (Connolly, 2007). Linden Labs, the beach can be shared and traded on the which operates the virtual world site Second “dark web”. In addition, technologies such as Life, responded by clarifying that, “real-life the above mentioned Photoshop can enable images, avatar portrayals, and other criminals to insert these innocent images of depictions of sexual or lewd acts involving or

© 2014 ADFSL 37 JDFSL V9N4 Fighting Child Pornography: A Review of Legal ... This work is licensed under a Creative Commons Attribution 4.0 International License. appearing to involve children or minors are New avenues exist today for criminals to not allowed within Second Life…Any images, anonymously exchange currency. Traditional chat, or other conduct that leads us to methods such as credit card payment believe actual minor children are involved systems are proactively scanned to ban child will lead to swift action, including reporting pornography merchants from the payment to the appropriate authorities” (Second Life card systems. Moreover, many credit card Wiki, 2014). companies such as Visa work with law enforcement to identify these pornography A related technology is augmented merchants (MacCarthy, 2010). However, reality, which produces computer-generated systems such as Bitcoin enable greater imagery, graphics, and depictions that anonymity in dealing with currency overlay a person’s view of the real world; exchange. Known as a cryptocurrency, reality is integrated with aspects of a virtual Bitcoin is based on a peer-to-peer payment world. A fear exists that the pornography arrangement that uses strong encryption for industry will lead the popular use of money transfers. Bitcoin has been scrutinized augmented reality and will integrate it with due to its use in illicit activity and may wearable technology. Wassom (2012) states facilitate the sale of child pornography that, “You can always count on the military (Aizescu, 2014). Other cryptocurrencies are and the pornography industry to push emerging with various levels of anonymity. technology forward” and that “wherever Toward the future, it is likely that organized society finds pornography, child pornography crime will gravitate towards one that offers is not too far behind”. A logical expectation the best protection from identification. is that a product like Google Glass or a competing product could enable child 2.3 Digital Forensics: Using predators to augment their reality for nefarious and pornographic purposes. As of Technology to Investigate Crimes this writing, Google has limited many Having reviewed both the legal and operations on Google Glass in an attempt to technological developments involving child prevent users from distributing pornographic pornography, we now extend our materials via the new technology. For examination to digital forensics as it applies example, Google Glass does not allow users to this subject. It is not only the criminals to search for pornography or view who take advantage of modern and accessible pornographic websites. However, Google is information technology, but law enforcement not able to place restrictions on the types of also uses technology to investigate and videos users can record and share (Kleinman, apprehend online sexual exploiters. During 2013). An app exists that allows users to investigations, law enforcement must assess if record sex acts from both partners’ point of an image is that of an actual child. Because view and then watch or even share the videos of ongoing advancements in image creation directly from Google Glass (Thomas, 2014). and editing tools, it has become difficult to These types of applications extend the visually distinguish between real and fake viewing experience of any video into the images. For this reason, the field of digital realm of virtual reality. While an forensics and its use in child pornography advancement for modern technology, it also cases is developing rapidly. gives rise to further questions and implications regarding the potential for Three main methods that digital forensic digital child abuse. investigators use to detect whether an image has been altered include tampering detection, 2.2.8 Payment Systems hidden messages recovery, and source identification (Rocha, Scheirer, Boult, & Goldenstein, 2011).

Page 38 © 2014 ADFSL JDFSL V9N4 Fighting Child Pornography: A Review of Legal ... This work is licensed under a Creative Commons Attribution 4.0 International License. Tampering detection uses techniques offense due to the lack of forensic software such as pixel examination to detect evidence that can estimate the age of humans in of cloning, healing, retouching and splicing. digital images (Prat, Psych, Chudzik & Pixel examination involves using digital tools Réveillère, 2013). Using mathematical to ensure that the image originally included algorithms, the images in the database are in the picture has not been modified, nor assigned a hash value, or digital signature. were images added. This technique is Every file that has the same data will accomplished by examining enlarged images contain the same hash value. Comparing and comparing the pixels, looking for any hash values can provide sufficient evidence blurring or smudging that would indicate that an image is an actual piece of child doctoring (Moore, 2011). However, pixel pornography, rather than an altered adult examination may soon be rendered useless if image (Federal Bureau of Investigation, image enhancement technologies continue to 2003). One important tool that uses this improve. In an effort to combat this trend, a method is the Immigration and Customs relatively new branch of digital forensics Enforcement’s database of child pornographic named Triage intends to provide images. The National Child Victim investigators with advanced intelligence Identification System (NCVIS) was launched through digital media inspection, and in 2002 and contains images contributed by describes a new interdisciplinary approach local, state, federal, and international law that merges digital forensics techniques with enforcement organizations. Law enforcement machine learning principles and data mining officers submit copies of seized child algorithms (Fabio & Tacconi, 2013). pornography images to Child Victim Identification Program (CVIP) analysts, who Hidden message detection involves the then review the images and videos to use of robust algorithms to detect the act of determine whether these files contain stenography, or camouflaging information previously identified child victims. As of within a seemingly innocuous message. Child 2012, analysts had reviewed more than 77 pornographers often use stenography to million images and videos (National Center conceal an illegal image by embedding it for Missing and Exploited Children, 2013). within another image, giving it a harmless This number has increased to more than 100 appearance (Rocha, Scheirer, Goldstein, & million in the past two years (Johnson, Boult, 2008). Digital forensic experts with 2014). The NCVIS serves two purposes: (1) advanced algorithmic knowledge are able to to confirm that a pornographic image perform forensic steganalysis to detect and involves an actual child in order to obtain a recover hidden messages. However, forensic conviction in court, and (2) to identify and steganalysis is often only able to confirm the rescue these children (U.S. Department of presence of a hidden image, but is not able to Homeland Security, 2009). In the twelve recover the hidden image (Rocha et al., years since the creation of CVIP, about 5,400 2011). In many cases of child pornography, victims have been identified (Johnson, 2014). law enforcement is unable to recover proof While the NCVIS database is exhaustive, that images are of an actual underage human individuals who possess and distribute child and therefore cannot prosecute the offender. pornography often manufacture their own Lastly, source identification involves the images, thereby diminishing the value of use of forensics software which allows law these types of databases. This is becoming enforcement officials to compare digital increasingly common with the consumer images with images from a known child availability of digital cameras and image pornography database. These source modification software. databases can be critical in investigations Another source database is the FBI’s since they are often the only proof of an online child exploitation investigation agency

© 2014 ADFSL 39 JDFSL V9N4 Fighting Child Pornography: A Review of Legal ... This work is licensed under a Creative Commons Attribution 4.0 International License. system called “Innocent Images”. It is a Cloud platforms, while advancing the multi-agency investigative operation that capabilities of child pornography distributors, focuses on combating the proliferation of also give local police departments the benefit child pornography and exploitation not only of using large-scale computing, which in the United States, but worldwide (Federal represents a forensics opportunity not Bureau of Investigation, 2012). Since its previously available. In the constant chase to inception, Innocent Images has continued to adapt to the latest technologies, local police grow exponentially, seeing an increase from will need to utilize cloud services. Many of approximately 80 pending cases in 2001 to the steps involved in digital forensics are roughly 5,900 through 2012. Also, between tasks that benefit from large-scale the years of 2001 to 2011, Innocent Images computers–something that is not readily led to over 11,400 child exploitation available at most local police departments. convictions (Federal Bureau of Investigation, Eventually, legislation will need to be passed 2013). Google has joined the fight against regulating cloud service providers, requiring child pornography as well and has begun to service level agreements and record-keeping proactively scrub the results for over 100,000 to facilitate digital forensics (Sammons, queries in over 100 languages that might be 2012) for as much as the technology will related to child abuse and pornography. In allow. However, it may be several years reviewing photos deemed to be child before the law catches up to technology in pornography, Google assigns a digital this area. fingerprint to each photo (Schmidt, 2013) that is similar to the NCVIS database 3. DISCUSSION & method. COMMENTARY One of the more creative methods law Having provided a review of the literature enforcement has started using to apprehend containing the major developments of the offenders is through investigative stings legal and technological environments as it called “honeypots” or more elaborate impacts child pornography, we now offer a “honeynets” that consist of multiple discussion about the topic. interconnected honeypot sites. A honeypot is The production and distribution of child typically a web server configured to look pornography has exploded in the Internet attractive to an attacker when in fact the age. As the Internet continues to permeate server is set to detect and identify the global society, child pornography will become attacker. In the context of this topic, a more commonplace. Debate exists on the honeypot is a fake web site offering or degree that legal pornography is addicting suggesting to offer child pornography in a (see Franklin, 2014). Some experts argue way to lure a person with malicious intent to that a pornography viewer’s compulsion is the web site. These honeypot sites may be similar to that of harmless ‘’ to operating on cloud servers. Once at the chocolate, while others see it as destructive honeypot site, if the suspect continues to to marriages and dangerous to the children proceed through a sufficient number of pages, who view this material while forming their he would be informed that he had committed character. Yet, some studies have concluded an offense and may face criminal charges and that pornography addiction leads to the same an arrest. Law enforcement may use other brain activity as other potent drug online techniques to entice a criminal to visit (Withnall, 2013). In a 2013 the honeypot, such as online chatting with Cambridge University study, lead scientist agents posing as minors (U.S. Sentencing Dr. Valerie Voon stated, “When an alcoholic Commission, 2012). sees an ad for a drink, their brain will light up in a certain way and they will be

Page 40 © 2014 ADFSL JDFSL V9N4 Fighting Child Pornography: A Review of Legal ... This work is licensed under a Creative Commons Attribution 4.0 International License. stimulated in a certain way. We are seeing Ashcroft and the child pornography this same kind of activity in users of provisions of the PROTECT Act developed pornography.” On the more focused topic of by Congress in 2003 and revised in 2008. this study, the dangerous behavior of the While the PROTECT Act does not state addict clearly results in the abuse of children that the depiction of sex acts with or by creating a market for child pornographic between fictional minors is inherently illegal, imagery. Research results indicate that wide it does specify that the images will be access to the Internet has enabled persons to considered illegal if they depict actions or access child pornography who would never situations that would be considered “obscene” have been able to previously. We conclude under the Miller test. This Act was created that, as Internet access continues to to address the growing difficulty in permeate global society and with the wide distinguishing images that are digitally availability of easy-to-use anonymizing tools, created from those of actual children the global market for child pornography will (Department of Justice, 2003). While this increase. task has become even more difficult, the U.S. Supreme Court has not confirmed the Noting the effortless availability and use Constitutionality of the PROTECT Act as it of technological tools that embolden child applies to digital versus real child pornographers, the need exists to create and pornography. In fact, in United States v. uphold laws that equip law enforcement to Williams (2008), the Court upheld its apprehend and convict these criminals. Few decision in Ashcroft v. would argue that child pornography does not (2002), stating that in regards to the cause grave harm to children and society, pandering of child pornography, “A crime is and it seems that advancing technology is committed only when the speaker believes or working to the criminals’ favor. Besides the intends the listener to believe that the fact that digital technology makes it difficult subject of the proposed transaction depicts to distinguish between the actual and the real children”. The authors of this paper hope virtual, newer end-user devices like that legislators and judges look beyond the technology eyewear (e.g., digital glasses, free speech doctrine on the issue of digital smart contact lenses) could enable a person child pornography, and recognize that based to use augmented reality applications to on current technology trends, computer- commit virtual crime (e.g., child rape) with generated images and those of an actual images obtained from public spaces. It person will soon be indistinguishable. follows that such persons will confuse the Moreover, with augmented reality technology difference between the actual and virtual, and the widespread use of wearable considering that modern technology will technology, we face a future where increasingly produce life-like human pornographic addicts may be walking in the depictions. Based on current U.S. law, general public while privately viewing their virtual child rape may be protected “speech” material on a personal device. It seems that if the depiction is derived and not of an this eventuality represents a grave enough actual person, unless additional legislation 1 danger to the general public to supersede free limits the use of such applications. speech concerns, no matter whether the A discrepancy exists here between the imagery is computer-generated. U.S. Supreme Court’s 2002 decision in While the laws in place regarding

1 computer-generated child pornography are of We say this with due respect for the relevant concern, we do not suggest that changes in amendments of the U.S. Constitution. We leave these laws alone will address every challenge the debate of the proper balance among free speech, privacy and security of citizens for other law enforcement faces. Rather, as forums. developments in technology make it more

© 2014 ADFSL 41 JDFSL V9N4 Fighting Child Pornography: A Review of Legal ... This work is licensed under a Creative Commons Attribution 4.0 International License. and more difficult to determine whether an could be a potential future research study if image is computer-generated, adapting the the aggregate number of virtual child law to meet these changes may be an pornography users continues to increase over appropriate place to start. Moreover, there time. are several other areas in which the law After conducting a thorough review of needs to catch up to the technology, and the literature available, the authors consulted there are bound to be more as technological a police officer and polygraph examiner with developments continue. A recent case over ten years’ experience specializing in highlighted another such issue. According to sexually deviant criminal behavior. Officer The Child Protection and Sexual Predator David Bryant commented on the authors’ Punishment Act of 1998, service providers conclusions, confirming that he has witnessed that become aware of the storage or technology’s effect on the child pornography transmission of child pornography are market. When asked whether technological required to report this activity to law developments have led to a growth in the enforcement (Easttom, 2014). As technology production and dissemination of child develops however, it becomes easier for pornography, Bryant said: criminals to cross jurisdictional borders whilst engaging in criminal behavior. This There is absolutely no doubt that modern development has recently presented technology has increased the amount a dilemma for the United States court of child pornography. The Internet system, such as for the U.S. district judge allows those interested in child who decided in July of 2014 that Microsoft pornography to meet with likeminded Corp, among other companies, was legally collectors of contraband to trade like obligated to turn over a customer’s emails to never before. In the past, it was far the U.S. government (The Guardian, 2014). more difficult and much riskier to Because the emails were stored in a data make contact with sources. center in Ireland, this case raised concerns Transmitting photos or films required not only about privacy and warrant mailing and [thereby] knowing requirements, but also about jurisdiction. addresses. Now, any Internet While this particular case did not involve connection gives access to the whole child pornography, it is easy to see how such world for instant transmission and concerns about the intersection of technology even live feeds for those interested. and law could be involved in a child Technology allows anyone with a pornography case. cellular telephone to produce and share child porn with ease (Personal A point can be made that law communication, July 25, 2014). enforcement may find it easier to catch child pornography users if the aggregate number of When asked about the potential effects of users increases. For instance, if users without viewing child pornography and its level of due care view child pornography without harm to children, Bryant stated: using encryption technology, it might be While the majority of those who view easier for police to actually find and catch child pornography will not actually these offenders. Conversely, child molest a child themselves, the pornographers who use heavy encryption will potential is certainly there and these be much more difficult for police to catch, individuals are at a significantly creating a dichotomy concerning the types of higher risk for becoming sex offenders users who are actually apprehended. Thus, (Personal communication, July 25, we could argue that a technologically-savvy 2014). criminal who knows how to mask their tracks can be very difficult to convict. This topic

Page 42 © 2014 ADFSL JDFSL V9N4 Fighting Child Pornography: A Review of Legal ... This work is licensed under a Creative Commons Attribution 4.0 International License. Bryant also shared concerns regarding ‘harmful to minors’ such as child the confusion and difficulty placed on law pornography, or pornography in general. enforcement officials by current policies While CIPA is an important law, its focus is regarding digital child pornography. As an different in that it addresses protecting example, he mentioned a case he encountered children from harmful or lewd material with a man on probation for a child sexual (Thornburgh & Lin, 2004). Our research offense who was using his artistic talent to focus instead was on laws and cases draw digital images of child pornography. impacting the creation, distribution or supply of child pornography. A further limitation, Bryant concluded by saying, our paper is not intended for a purely legal “Unfortunately, the law has not kept pace audience as the authors are not trained with the technology and the increase of child lawyers. Instead, we trace how both the legal pornography cases.” (Personal and technological environments have made it communication, July 25, 2014). While the significantly easier for the production and authors acknowledge that the word of one distribution of child pornography in the officer neither proves nor disproves any United States. We also focus our literature positions put forth in this paper, we do find study to the United States and do not, for it notable that law enforcement officials are example, address the significant European aware of the discrepancy between the current efforts such as the Cospol Internet Related technology and the law, and that this Child Abusive Material Project (CIRCAMP), discrepancy increases the difficulty of which includes blocking and filtering apprehending and prosecuting child methodologies to minimize the dissemination pornography offenders. of child pornography. 4. CONTRIBUTIONS AND 5. CONCLUSION LIMITATIONS As cyberspace and online file sharing There is not a significant amount of scholarly expands, a new generation of criminals has research in the information systems and turned to their computers to assist in digital security field relating to child producing and concealing their illegal pornography. This is understandable because activities. The age of digital communications the topic is cross-disciplinary, primarily has created the new area of digital child involving the legal domain, and of a sensitive pornography which is recognized by nature. After our extant search, we did not governments around the world as a growing find a similar published review of the concern. This illegal market is expanding and literature in the information systems and will continue to do so as technologies spread security academic domain. We believe our globally. In order to fight online child paper’s contribution is that it may be the exploitation, law enforcement agencies will first of its kind comparing technological and need to maintain intelligence on legal developments concerning the topic of technological advancements which might be child pornography in a technology and of advantage to offenders, in order to take a security academic journal. proactive approach in apprehending digital This paper’s scope is limited in that we criminals. From our review, it seems clear did not address all laws concerning child that both the legal and technological pornography. For instance, in 2003 the developments since the 1990s are creating a Supreme Court upheld the constitutionality challenging environment for law enforcement. of the Children’s Internet Protection Act Further, considering that technology (CIPA) which requires schools and libraries advances rapidly, we can predict that that received federal funds to filter access to information technologies will further enable the Internet to block material that is child pornographers in committing crimes.

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© 2014 ADFSL 47 JDFSL V9N4 Fighting Child Pornography: A Review of Legal ... This work is licensed under a Creative Commons Attribution 4.0 International License. The Guardian (2013, Oct 4). 'Tor Stinks' Wikileaks. (2009). An insight into child porn. presentation. The Guardian. Retrieved Anonymous letter. Translated from from German. Retrieved on February, 26, www.theguardian.com/world/interactive/ 2009, from http://wikileaks.org/wiki/. 2013/oct/04/tor-stinks-nsa-presentation- Withnall, A. (2013, 22 September). document. Pornography addiction leads to same The Guardian (2014, July 31). Microsoft brain activity as or drug ordered to produce overseas customer abuse, study shows. The Independent. email addresses by US judge. The Retrieved 26 April 2014, from Guardian. Retrieved from www.independent.co.uk/life-style/health- http://www.theguardian.com/technology and-families/health-news/pornography- /2014/jul/31/microsoft-must-handover- addiction-leads-to-same-brain-activity-as- overseas-emails-judge. alcoholism-or-drug-abuse-study-shows- 8832708.html. Thomas, T. (2014, January 21). Google Glass sex app lets you watch, record yourself in West, A. (2010). 20 years of Adobe the act. The Huffington Post. Retrieved Photoshop. Retrieved from from www.webdesignerdepot.com/2010/02/20- www.huffingtonpost.com/2014/01/21/goo years-of-adobe-photoshop/. gle-glass-sex_n_4637741.html. Wassom, B. (2012). Five predictions for Thornburgh, D., & Lin, H. (2004). Youth, augmented reality law in 2012, Law of pornography, and the Internet. Issues in Social & Emerging Media, Wassom.com. Science and Technology, 43-48. (n.d.). Also quoting Rampolla, Joe. Retrieved from www.wassom.com/5- United States v. Williams, 128 S.Ct. 1830 predictions-for-augmented-reality-law-in- (2008). No. 06-694. Supreme Court of 2012.html. United States. Zawoad, S., & Hasan, R. (2013). Digital U.S. Department of Homeland Security. forensics in the cloud. The Journal of (2009). National Child Victim Defense Software Engineering. 26(5), 17- Identification System (NCVIS). 20. Retrieved from www.dhs.gov/sites/default/files/publicati ons/privacy/PIAs/privacy_pia_ncvis_a ugust_2009.pdf. AUTHOR BIOGRAPHIES U.S. Postal Service. (2012). U.S. postal Jasmine V. Eggestein is a graduate student inspectors protect children. U.S Postal earning a degree in Information Security at Inspection Service. Retrieved from Nova Southeastern University. She earned https://postalinspectors.uspis.gov/investi her Bachelor’s degree in Criminology with a gations/MailFraud/fraudschemes/ce/CE. minor in Management Information Systems aspx. at The University of Tampa. She is employed as an IT specialist at Entia Ventures. Her U.S. Sentencing Commission. (2012). Report focus is in the area of cybercrime and to the Congress: Federal child computer forensics. pornography offenses. Retrieved December, 2012, from Kenneth J. Knapp is an Associate www.ussc.gov/news/congressional- Professor at The University of Tampa. He testimony-and-reports/sex-offense- has published in numerous journals in the topics/report-congress-federal-child- area of information systems and security. pornography-offenses. 468 pages.

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