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REGULATION S OF CHILD PORNOGRAPHY ON THE INTERNET The use of the Internet facilitates their purposes but this report will deal with the regulation of child pornography on the Internet under various legislation. Child pornography is a serious concern for parents and law authorities and the Internet is unfortunately used by paedophiles to traffic in these. As you will see below there have been recent operations which were followed by successful prosecutions in the UK and the US. RELEVANT UK LEGISLATION DEALING WITH CHILD PORNOGRAPHY Protection of Children Act 1978 The offence in section 1 of the 1978 states: "It is an offence for a person – (a) to take, or permit to be taken or to make, any indecent photographs or pseudo-photographs of a child; (b) to distribute or show such indecent photographs or pseudo-photographs; or ' The section 7 (7) of the 1978 Act gives a legal definition to the pseudo-photographs by stating: " (7) "Pseudo-photograph' means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph. ' The meaning of photograph and the introduction of "Pseudo-Photographs' The definition of "photograph' given in section 7 (4) of the Protection of Children Act 1978 did not include photographs in electronic data format and it was criticised by the Crown Prosecution Service in their evidence to the Home Affairs Committee.

The response came in the Criminal Justice and Public Order Act 1994. Section 84 (4) of the 1994 Act inserted a subsection (b) to section 7 (4) of the 1978: " (b) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph. ' The main purpose of section 84 was to deal with the so called "pseudo-photographs' of children. Pseudo-photographs are technically photographs but they are created by computer software such as MS Paintbrush or Picture Publisher by using more than one picture. For example a child's face can be superimposed on an adult body or to another child's body together with the alteration of the characteristics of the body. In the evidence given to the Home Affairs Committee, the case of Shakespeare was mentioned.

In this case little girls' heads were put on to a pornographic adult body. Mr. Newell, Director of Casework stated that they were unable to prosecute in this case because the photographs involved were pseudo-photographs. Section 160 of the Criminal Justice Act 1988 " (1) It is an offence for a person to have any indecent photograph or pseudo-photograph of a child in his possession. (2) Where a person is charged with an offence under ss (1) above, it shall be a defence for him to prove – (a) that he had a legitimate reason for having the photograph or pseudo-photograph in his possession; or (b) that he had not himself seen the photograph or pseudo-photograph and did not know, nor had any cause to suspect, it to be indecent; or (c) that the photograph or pseudo-photograph was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time. ' This offence is a serious arrestable offence with a maximum imprisonment term not exceeding six months. It has been successfully used in its new form in the recent cases of Sharp and Crumpton.

Operation Starburst The British police were involved in Operation Starburst, an international investigation of a paedophile ring thought to be using the Internet to distribute graphic pictures of child pornography. Nine British men were arrested as a result of the operation which involved other arrests in Europe, America, South Africa and the Far East. The operation identified 37 men world wide. A German student arrested in Germany, then identified other 39, 2 of them in the UK, and one of them then identified other 17.

The operation was widely reported in the media and Detective Inspector David Davis, head of West Midlands police commercial vice unit stated that this was so far the biggest operation they have carried out concerning the distribution of child pornography on the Internet. Possession Offences: As a result of Operation Starburst six cases of simple possession offences were brought to court. Case of Sharp Following Operation Starburst, a management consultant named Christopher Sharp has been fined 9000 (Nigel Bunyan, "Man fined 9000 for Internet porn', [1995] The Electronic Telegraph, 27 October). He is the first person to be prosecuted in a case involving pornography and the Internet. Sharp admitted two charges of possessing indecent photographs of children under the age of 16 contrary to section 160 of the Criminal Justice Act 1988. His computer equipment was seized, he was fined 4500 on each charge, and he was ordered to pay 35.00 costs.

Case of Crumpton In early 1996, Martin Crumpton, a former computer consultant, was sentenced to three months imprisonment in a Birmingham magistrates' court (See "Man jailed over child pornography on Internet', [1996] The Electronic Telegraph, 5 January). He also admitted to being in possession of indecent pictures of children and is the first person to be jailed in an offence concerning pornography and the Internet. US CHILD PORNOGRAPHY LEGISLATION It is a federal offence to knowingly receive child pornography. Child pornography is defined as: "any visual depiction of "sexually explicit conduct' involving children'.

Pseudo-Photographs None of the US federal or state laws deal with so called pseudo-photographs. It is not illegal to create or possess pornographic images of children by means of computers. Child Pornography Prevention Act 1995 was introduced to criminalize material that depicts children engaging in sexually-explicit conduct whether or not the material was produced with children or entirely without computer. Pseudo-photographs will be subject to the Miller obscenity test and other federal laws dealing with obscenity but not child pornography. It will be up to the defendant to prove that the creation of the pictures did not involve minors. "Computer-generated child pornography results in many of the same types of harm, and poses the same danger to the well-being of children, as photographic child pornography, and provide a compelling governmental interest for prohibiting the production, distribution, possessing, sale or viewing of all forms of child pornography, including computer-generated depictions which are, or appear to be, of children engaging in sexually explicit conduct.

' Operation Innocent Images: In September 1995, the FBI made several arrests and searched 120 homes nation-wide, concluding a two-year investigation into the use of America On-Line to distribute child pornography and arrange sex with children. Following the FBI's operation, in February 1996, John Delmarle, 49, has been sentenced to 5 years imprisonment in Rochester, New York. Delmarle agreed to a maximum sentence of 33 months for sending sexually explicit pictures of children through America Online under a plea agreement in December. However, U.S. District Judge Tele sca opted to impose a longer sentence, citing the nature of Delmarle's crime and previous paedophile convictions. Prosecutors stated that the pictures Delmarle transmitted in July and August 1994 portrayed sadistic conduct involving children under the age of 12. He was also sentenced to three years probation and six months of home confinement after his release, and was barred from associating with minors or using a computer for anything other than employment purposes.

"Orchid Club' Indictments A federal grand jury in San Jose, California, has indicted 16 people from the U.S. and abroad for their participation in a child pornography ring called the "Orchid Club,' whose members used the Internet to share sexual pictures and conduct online chat during a child molestation. A U.S. attorney says there are no free speech issues involved: "The thing that ups the anti in this case is that allegations of distribution of pornography are coupled with serious allegations of child molestation. It's an issue relating to the protection of children, not to the First Amendment. ' The 24 charges against the alleged members of an Internet child pornography ring include conspiracy to sexually exploit children. Tony West, prosecuting assistant and US attorney called the case, "very serious and tragic', saying that while the technology itself is not to blame, people will always find ways to exploit the Internet for such base purposes. The defendants, who allegedly belonged to a private, online child pornography group called the Orchid Club, shared photos and videos of girls aged five to ten that they had taken themselves.

According to the indictment, the men engaged in real-time photo shoots where they typed messages requesting photos of the girls in certain poses while one member shot photos with a digital camera and transmitted the photos back to the group. The members of the club, who live in various US states and in Finland, Australia and Canada, allegedly had to know a secret password to access the photos and online chat sessions. According to the indictment, the men also had to undergo an initiation rite that required them to "recount a personal experience involving their sexual activity with a minor. ' FBI conducts On-line child pornography raids in 20 cities On December 11, 1996, the FBI conducted a nation-wide investigation of child pornography on the Internet and computer online services in 20 US cities. FBI Director Louis Freeh stated that: "Today's searches reflect the FBI's continuing priority attack against some of the most despicable crimes that prey on children'.

The FBI said no immediate arrests were made but could be forthcoming after inspection of the materials discovered is complete. The FBI stated that agents searched in Albany, New York; Albuquerque, New Mexico; Baltimore; Boston; Charlotte, North Carolina; Cincinnati; Denver; Milwaukee; Newark, New Jersey; Oklahoma City; Pittsburgh; Richmond, Virginia; Sacramento, California; Tampa, Florida; and Washington, D.C. "Operation Innocent Images,' now in its third year, has resulted in 80 arrests, 66 convictions and more than 100 indictments or other federal criminal charges. The probe has centered on efforts by paedophiles to lure minors into illicit sexual relationships and to distribute child pornography through computer service communications. International Developments related to Child Pornography Finland Police seized child pornography at the Helsinki home of a 19 year-old student. On August 28, 1996 in Helsinki – Finland the police seized two computers and nearly 350 floppy disks at the house of a 19 year-old student. The material showed sadistic acts involving Caucasian and Asian children, including torture, mutilation, and cannibalism.

Police specialist Kaj Malmberg stated that: "These pictures of adults having sex with children are really hard pornography. This is exceptionally severe hard pornography involving very severe abuse of children' The unnamed student was not arrested because of the liberal Finnish law. Possession and distribution of hard pornography is a minor offence with a maximum penalty of six months in jail. Malmberg stated that: "It's like speeding or something. ' According to the Reuters report the Finnish police must wait until the student returns from the university outside Helsinki to even interrogate him. According to the police the student's computer system can be connected to the Internet and a distribution link has been found with Sweden.

Malmberg said he suspects people in several other European countries had used the system. Merca-Marja Turunen with the National Research and Development Centre for Welfare and Health stated that Finland must crack down against such offenders. "It is important. It's not a minor offence. It's obvious that somewhere along the line a child is being molested. ' "Child pornography and prostitution is an international business.

Traffickers buy children from poor families in Asia and with the co-operation of police and corrupt officials they arrange for their transport across international borders. ' Each year, some one million children enter the sex trade, exploited by people or circumstances. The first World Congress Against Commercial Sexual Exploitation of Children, was held in Stockholm, 27 – 31 August 1996, aiming to put the issue of children being sold for sex firmly on the public agenda. It brought together key players in the battle against commercial sexual exploitation of children, to share information, exchange experiences and best practice, and formulate national and regional strategies. The background paper of the World Congress describes child pornography as: "Any visual or audio material which uses children in a sexual context. It consists of "the visual depiction of a child engaged in explicit sexual conduct, real or simulated, or the lewd exhibition of the genitals intended for the sexual gratification of the user, and involves the production, distribution and / or use of such material.

' The purpose of audio pornography is similar. Because of easy and inexpensive access through computer based information networks, child pornography has increased in recent years and appropriate legislative remedies have become increasingly difficult. ' "Child pornography is also, once produced, a means of fuelling demand for child sex. Images of children engaged in sex, or posing in lewd poses, whether still or video are used to titillate and increase demand. Advances in technology have made child pornography easier to produce, more difficult to stop and easier to distribute.

In particular, the availability of the home video camera, editing and reproduction equipment has made home video easy and cheap. The advent of computer graphics and global transmission via the Internet means that images can now be transmitted world-wide and downloaded at home. ' Home Office The Home Office published its report on Commercial Sexual Exploitation of Children just before the Stockholm Conference. The report welcomes the Conference and shares the abhorrence felt by all decent people about the commercial sexual exploitation of children. ECPAT ECPAT – End Child Prostitution in Asian Tourism – was established in Bangkok in 1991, by a community of concerned individuals and organisations to work together to end child prostitution in Asian tourism.

It campaigned for 3 years, working on political action, changes in the law, education and media coverage. There are currently over 250 groups in the coalitions which form the ECPAT network, in over 25 countries world-wide. ECPAT continues to campaign for action by governments in every country involved, and by the international community, to address this problem and protect all children. ECPAT's mission statement reads as follows from their web site: "ECPAT is a global network of organisations and individuals working together for the elimination of child prostitution, child pornography and the trafficking of children for sexual purposes.

It seeks to encourage the world community to ensure that children everywhere enjoy their fundamental rights free and secure from all forms of commercial sexual exploitation. ' WEST PALM BEACH, Florida (CNN) – The Internet, with its vast store of information, is increasingly being used to aid one of society's most disturbing crimes: paedophilia. "It is definitely a problem that faces parents all over the world,' U.S. Customs Agent John Sullivan said. According to customs agents, so-called on-line paedophiles send out pornographic material over the Internet to children, hoping to lure a youngster into a sexual act.

"It gets disgusting,' said Customs Agent Gregg St in, who tries to track paedophiles on the Internet. He and agent David Sheets surf the Web, often working undercover as children over computers. The two said they become suspicious when someone offers pictures of celebrities – often a code word for child pornography. Their efforts have led to dozens of arrests nationwide. Among those nabbed are Glenn Wright and school teachers Robert Green and Richard Russell. Agents said the three men used computers to lure children to a certain location, where they would be molested.

The men involved were convicted and sentenced for the crimes. But agents still agonist over those who get away, such as James Latona. Agents said he used a computer to persuade a child to run away from her Maryland home to a Florida hotel. Latona admitted raping the girl.

Part of the problem in tracking the paedophiles is that they are elusive, coy and well-educated. "They are generally cunning people. They " re of average or above-average intelligence, and I think that's what makes them so insidious,' said Nancy McBride of the National Centre for Missing and Exploited Children. Parent-child education Agents are spreading the word and cautioning parents and children about the threat of on-line paedophiles. At one school, students and their parents who were informed of the hazard said the warning was invaluable. One child said he went into an on-line chat room when someone "Just came on and asked me, ' Can you download pornographic pictures?' I said no.

' Another child shared a similar experience. "He wanted to meet me in front of this place and kept asking for my address,' the child said. "I wouldn't give it to him. ' Despite agents' efforts, they face a long and difficult task in keeping the paedophiles in check. "When you finally figure you have this one cornered, you look and there's 200 more out there. It keeps blossoming.

SurfWatch Software, Inc. today announced the immediate availability of SurfWatch 1.0, first of its kind software for blocking unwanted sexually explicit material on the Internet. SurfWatch Software announced shipment of the Apple Macintosh version of the product, with the Microsoft Windows version to follow in 60 days. SurfWatch is a new type of software which helps parents and educators reduce the risk of children uncovering indecent material on the Internet. Due to the free and open nature of the Internet, there is a significant amount of content (both textual and visual) which depicts sexually explicit situations. Currently there are more than 250 Internet "newsgroups' which include topics on bestiality, bondage, erotica, fetishes, prostitution, pornography, and paedophilia. Sites on the rapidly expanding World Wide Web contain this material as well.

"Unchecked access to indecent materials on the Internet is a big concern to educators,' said Susan Larson, a teacher at Hemming way School in Ketchum, Idaho. "SurfWatch is an important and very timely product for this reason – now we can install SurfWatch and let our students openly explore the Internet. ' SurfWatch gives parents and educators the opportunity to limit unwanted material locally without restricting the access rights of other Internet users. No material is actually removed from the Internet or any server. It is simply blocked at each individual computer where SurfWatch is installed.

SurfWatch screens Internet newsgroups, World Wide Web, FTP, Gopher, Chat and other services. "SurfWatch comes ready to block more than a thousand sites containing material we would not want our children to see. ' said Ann Duvall, president of SurfWatch Software. "With SurfWatch, kids can really take advantage of the incredible power of the Internet. ' New sites appear on the Internet daily. SurfWatch Software offers a subscription service which automatically updates the blocked sites. Custom site databases are also available which block according to specific preferences.

The product works with direct Internet connections via modem (SLIP or ), ISDN, or high-speed link. This software is not for use with online services such as: AOL, CompuServe, or Prodigy. 33 e.