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Chatting On-Line: A Dangerous Proposition for Children
Subcommittee on Telecommunications and the Internet
Mr. James J. Gregart
I'm Jim Gregart, the elected Kalamazoo County Prosecuting Attorney. Don't let my ponytail fool you. I'm a law & order former police officer from Detroit and have been a prosecutor in Kalamazoo for the past 32 years. I first began my career in criminal justice just two years after the Detroit Lions last won an NFL championship. That fact alone gives you some idea of my professional longevity and the vast changes I've experienced in the nature of crime in America. As a criminal justice college student in the 1950's, the idea of me someday testifying before a Congressional Subcommittee on something called "Internet Computer Crime" would have been equally screwy as putting a man on the moon. Nevertheless, today my job requires that I both regularly use and understand a complicated technology that was only "science fiction" a mere 15 years ago. When Congressman Upton asked me to testify at today's hearing, I had my staff pull our closed and pending files on computer crimes. To be honest, there weren't that many. You see, ... the Prosecutor or District Attorney usually sees a criminal case only when the police first have a crime reported to them and then only when they're able to uncover sufficient admissible evidence to support a provable offense. The lack of victim reporting is the first impediment to the successful prosecution of adults who use Internet chat-rooms to prey upon children. All reasonable people acknowledge that this type of crime occurs in America. But, the reporting of it to law enforcement officials can be likened to an iceberg, i.e. we only see a small portion of a much larger mass which lurks beneath the genteel surface of millions of legitimate Internet communications. Untold numbers of chat-room initiated sexual assaults of children are not reported to the police because either (1) the actual child victim chooses not to disclose the offense, or (2) parents or guardians are unaware that the offense occurred, or (3) the Constitutional right of a criminal defendant to confront and cross-examine their accuser in a public trial sometimes acts as a subtle deterrent to reporting the crime. It takes genuine courage for a victim and their family to do what's right; even though it may be difficult and personally embarrassing. I'm aware of cases in my jurisdiction where victims and their families have chosen not to cooperate with law enforcement investigators. Thus, their alleged assailants have never been brought to justice. However, that was not the decision made by one West Michigan child and her family only last week. This 14 year old high school student and her family are cooperating with local law enforcement officials. Because of their cooperation, this child's 34 year old Kalamazoo sexual assailant now stands charged with a violation of Michigan's law prohibiting the Use of Internet Communications to Commit a Crime and two (2) additional Counts of Criminal Sexual Assault. Upon conviction, this pedophilic cyber-predator will face up to 35 years in a Michigan prison. To some folks, Southwest Michigan may seem far removed from the threat posed to children by adult Internet chat room predators. However, nothing could be further from the reality of today's technologically shrinking world. Anyone sitting at a computer in Kalamazoo is merely a mouse-click away from anywhere in the world. Any child could be merely a keystroke and nanosecond removed from the chat room babble of a masquerading adult bent on predatory sexual assault. In my community, we've had adults travel from other states to sexually assault local children whom they've first encountered and deceptively cajoled via Internet chat rooms. Last week's case, however, is uniquely Michigan. The defendant lives in Kalamazoo county while the 14 year old victim resides in another West Michigan community. Late last year, the chat-room phenomena brought them together in cyberspace. This 34 year old adult identified himself to the victim as a 17 year old high school senior. The victim, however, readily identified herself to the defendant as only being a 14 year old high school freshman. Over a period of time, their keyboard communications transmuted into a personal meeting and, ultimately, repeated acts of sexual assault. Fortunately, this young girl has the personal courage and strong support of her family. They evidence a determination to pursue justice. Since this criminal prosecution is currently pending in our local courts, I'm not at liberty to publically provide details of the offense. That would be prejudicial to the defendant's Constitutional right to a fair trial. However, I can tell you that, with a court ordered Search Warrant, we've seized the defendant's computer and allied records. The police now have a list of approximately 20 additional female names that they've starting checking. Right now, we have no idea of the ages of these females. But, we will soon find out. Are there lessons to be learned from this most recent and other similar cases in "middle America"? Yes, ... and, the first one is to recognize and acknowledge that crimes like this can and are happening everywhere in this Nation; even in a quasi-agrarian area like Southwest Michigan. Secondly, parents and guardians can no longer blithely ignore the tidal wave of technology which has engulfed our society. Not too long ago, I honestly thought I could stave-off learning about computers until my life expectancy and net worth simultaneously arrived at "zero". Boy, was I ever wrong! And today, any person responsible for the well-being of a child would also be wrong to not educate themselves about both the promise and perils of computers and the Internet. When the automobile was first invented, it changed the world much for the better. However, when driven recklessly by young people, that same automobile can become an instrument of peril and death. Most adults would not place their child behind the wheel of this potentially dangerous machine without first providing adequate education, training and constant monitoring of their child's driving performance. Well, computers and the Internet hold the same promise for both positive and negative outcomes for children. When used properly, the Internet and chat rooms can be a wonderful experience for children. But, without adequate preliminary education, safeguards and monitoring, they can become the equivalent of putting an untrained youngster behind the wheel of a Ferrari and hoping for the best. In today's world, the technological speed of a computer chip almost seems to be rivaling that of a Ferrari. The reckless use of a motor vehicle can hurt a child. That same reckless and uncontrolled use of the Internet and chat rooms can likewise place children at risk of physical and emotional harm. When I was a child, I remember my parents repeatedly telling me, "Don't talk to strangers". That was good advice back then and I gave my own children that same constant admonishment. My kids are now in their mid-twenties. But, as I look back to their teen-age years, I'm chagrined to admit that I knowingly permitted them to violate my own warnings. As a matter of fact, back then, I was ignorantly pleased when they told me about their new young cyber-friends in far away countries who they met via Internet chat rooms. Fortunately for everyone, my children benefitted immensely from their early exposure to foreign kids and cultures. For them, it was a meaningful educational experience. However, ten years ago, it was also a risk of harm that I didn't fully comprehend or appreciate. Today in America, parents continue to warn their children about the dangers of "talking to strangers". What many parents don't yet fully understand is that those same "strangers" are not just on public streets or parks. Today, the "strangers" to be feared may also lurk in your own family room or child's bedroom. They live behind the innocent facade of a computer screen and talk to your children in chat rooms on the Internet. In an earlier time, they were the same "strangers" who parents feared would lure their child into their grasp with promises of candy or a puppy. Now, those very same "strangers" use the anonymous cover of an alias Internet identity to disguise themselves as children. They now use a keyboard to probe for the emotional vulnerabilities of unsuspecting youth. They're the same predators of yesteryear who now use Internet chat rooms in lieu of an open car door and an offer of candy or a lost puppy. The challenge for today's parents is to insure that children "don't talk to strangers" both outside and inside their own homes via unfettered, unmonitored Internet and chat room access. Thank you.
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