Witness Testimony
Mr. Kevin Lourdeau
Deputy Assistant Director Federal Bureau of Investigation
Cyber Division 935 Pennsylvania Avenue, NW
Washington, DC, 20535
Online Pornography: Closing the Doors on Pervasive Smut.
Subcommittee on Commerce, Trade, and Consumer Protection
May 6, 2004
10:00 AM
Testimony of Deputy Assistant Director of the Federal Bureau of Investigation
Keith L. Lourdeau before the House Energy and Commerce Commitee Subcommittee on
Commerce, Trade, and Consumer Protection May 6, 2004
INNOCENT IMAGES NATIONAL INITIATIVE
The Innocent Images National Initiative (IINI), a component of FBI's Cyber
Crimes Program, is an intelligence driven, proactive, multi-agency investigative
initiative to combat the proliferation of child pornography/child sexual
exploitation (CP/CSE) facilitated by an online computer. The IINI provides
centralized coordination and analysis of case information that by its very
nature is national and international in scope, requiring unprecedented
coordination with state, local, and international governments, and among FBI
field offices and Legal Attachés.
Today computer telecommunications have become one of the most prevalent
techniques used by pedophiles to share illegal photographic images of minors and
to lure children into illicit sexual relationships. The Internet has
dramatically increased the access of the preferential sex offenders to the
population they seek to victimize and provides them greater access to a
community of people who validate their sexual preferences.
The mission of the IINI is to reduce the vulnerability of children to acts of
sexual exploitation and abuse which are facilitated through the use of
computers; to identify and rescue witting and unwitting child victims; to
investigate and prosecute sexual predators who use the Internet and other online
services to sexually exploit children for personal or financial gain; and to
strengthen the capabilities of federal, state, local, and international law
enforcement through training programs and investigative assistance.
THE HISTORY OF THE INNOCENT IMAGES NATIONAL INITIATIVE:
While investigating the disappearance of a juvenile in May 1993, FBI Special
Agents and Prince George's County, Maryland, Police detectives identified two
suspects who had sexually exploited numerous juveniles over a 25-year period.
Investigation into these activities determined that adults were routinely
utilizing computers to transmit sexually explicit images to minors, and in some
instances to lure minors into engaging in illicit sexual activity. Further
investigation and discussions with experts, both within the FBI and in the
private sector, revealed that the utilization of computer telecommunications was
rapidly becoming one of the most prevalent techniques by which some sex
offenders shared pornographic images of minors and identified and recruited
children into sexually illicit relationships. In 1995, based on information
developed during this investigation, the Innocent Images National Initiative was
started to address the illicit activities conducted by users of commercial and
private online services and the Internet.
The IINI is managed by the Innocent Images Unit within the FBI's Cyber
Division at FBI Headquarters in Washington, DC. Innocent Images field
supervisors and investigative personnel work closely with the Innocent Images
Unit regarding all IINI investigative, administrative, policy, and training
matters. The IINI provides a coordinated FBI response to this nationwide crime
problem by collating and analyzing information obtained from all available
sources.
Today the FBI's Innocent Images National Initiative focuses on:
- Online organizations, enterprises, and communities that exploit children
for profit or personal gain.
- Individuals who travel, or indicate a willingness to travel, for the
purpose of engaging in sexual activity with a minor.
- Producers of child pornography.
- Major distributors of child pornography, such as those who appear to have
transmitted a large volume of child pornography via an online computer on
several occasions to several other people.
- Possessors of child pornography.
The FBI and the Department of Justice review all files and select the most
egregious subjects for prosecution. In addition, the IINI works to identify
child victims and obtain appropriate services/assistance for them and to
establish a law enforcement presence on the Internet that will act as a
deterrent to those who seek to sexually exploit children.
THE GROWTH OF THE INNOCENT IMAGES NATIONAL INITIATIVE:
Over the last several years, the FBI, local and state law enforcement, and
the public has developed an increased awareness of the CP/CSE crime problem and
more incidents of online CP/CSE are being identified for investigation than ever
before. In fact, currently more personnel resources are expended towards
violations worked under the IINI than any other program within the FBI's Cyber
Division. Between fiscal years 1996 and 2003, there was a 2050% increase in the
number of IINI cases opened (113 to 2430) throughout the FBI. It is anticipated
that the number of cases opened and the resources utilized to address the crime
problem will continue to rise.
The increase in Innocent Images investigations demonstrated the need for a
mechanism to track subject transactions and to correlate the seemingly unrelated
activities of thousands of subjects in a cyberspace environment. As a result,
the Innocent Images case management system was developed and has proven to be an
effective system to archive and retrieve the information necessary to identify
and target priority subjects. All relevant data obtained during an undercover
session is loaded into the Innocent Images case management system where it is
updated, reviewed, and analyzed on a daily basis to identify priority subjects.
INNOCENT IMAGES NATIONAL INITIATIVE INVESTIGATIONS:
IINI undercover operations are being conducted in several FBI field offices
by task forces that combine the resources of the FBI with other federal, state
and local law enforcement agencies. Each of the FBI's 56 field offices has
worked investigations developed by the IINI. International investigations are
coordinated through the FBI's Legal Attaché program, which coordinates
investigations with the appropriate foreign law enforcement. IINI investigations
are also coordinated with Internet Crimes Against Children (ICAC) Task Forces,
which are funded by the Department of Justice. Furthermore, IINI training is
provided to all law enforcement involved in these investigations, including
federal, state, local, and foreign law enforcement agencies.
During the early stages of Innocent Images, a substantial amount of time was
spent conducting investigations on commercial online service providers that
provide numerous easily accessible Achat rooms@ in which teenagers and pre-teens
can meet and converse with each other. By using chat rooms, children can chat
for hours with unknown individuals, often without the knowledge or approval of
their parents. Investigation revealed that computer-sex offenders utilized the
chat rooms to contact children as a child does not know whether he or she is
chatting with a 14-year-old or a 40-year-old. Chat rooms offer the advantage of
immediate communication around the world and provide the pedophile with an
anonymous means of identifying and recruiting children into sexually illicit
relationships.
Innocent Images has expanded to include investigations involving all areas of
the Internet and online services including:
T Internet websites that post child pornography T Internet News Groups T
Internet Relay Chat (IRC) Channels T File Servers (AFServes@) T Bulletin Board
Systems (BBSs) T Peer-to-Peer (P2P) file-sharing programs
FBI Agents and task force officers go online undercover into predicated
locations utilizing fictitious screen names and engaging in real-time chat or
E-mail conversations with subjects to obtain evidence of criminal activity.
Investigation of specific online locations can be initiated through:
_ A citizen complaint _ A complaint by an online service provider _ A
referral from a law enforcement agency _ The name of the online location (such
as a chat room) can suggest illicit activity
The FBI has taken the necessary steps to ensure that the Innocent Images
National Initiative remains viable and productive through the use of new
technology and sophisticated investigative techniques, coordination of the
national investigative strategy and a national liaison initiative with a
significant number of commercial and independent online service providers. The
Innocent Images National Initiative has been highly successful. It has proven to
be a logical, efficient and effective method to identify and investigate
individuals who are using the Internet for the sole purpose of sexually
exploiting children.
The National Center for Missing and Exploited Children (NCMEC) operates a
CyberTipline at www.cybertipline.com that allows parents and children to report
child pornography and other incidents of sexual exploitation of children by
submitting an online form. The NCMEC also maintains a 24-hour hotline of
1-800-THE-LOST and a website at www.missingkids.com.
Complaints received by the NCMEC that indicate a violation of federal law are
referred to the FBI for appropriate action. A FBI Supervisory Special Agent and
four Investigative Analysts (IA) are assigned full-time at the NCMEC to assist
with these complaints. The IAs review and analyze information received by the
NCMEC's CyberTipline. The IAs conduct research and analysis in order to identify
individuals suspected of any of the following: possession, manufacture and/or
distribution of child pornography; online enticement of children for sexual
acts; child sexual tourism; and/or other sexual exploitation of children. The
IAs utilize various Internet tools and Administrative Subpoenas in their efforts
to identify individuals who prey on children. Once a potential suspect has been
identified, the IAs compile an investigative packet that includes the applicable
CyberTipline reports, subpoena results, public records search results, the
illegal images associated with the suspect, and a myriad of other information
that is forwarded to the appropriate FBI field office.
INNOCENT IMAGES STATISTICAL ACCOMPLISHMENTS:
Between fiscal years 1996 - 2004 (2nd Quarter), the Innocent Images National
Initiative has recorded the following statistical accomplishments:
Number of Cases Opened 11,855 Number of Informations/Indictments3,358 Number
of Arrests/Locates/Summons3,682 Number of Convictions/Pretrial Diversions3,316
The FBI's Innocent Images National Initiative is comprised of twenty-eight
Under -Cover Operations . These operations involve FBI Agents on-line in an
undercover capacity to seek child predators and individuals responsible for the
production, dissemination, and possession of child pornography. This is
accomplished by using a variety of techniques, to include purchasing child
pornography from commercial web sites, creating on-line personas to chat in
predicated chat rooms, and co-opting predators' e-mail accounts. Innocent Images
has grown exponentially between fiscal year 1996 and 2003 with a 2050% increase
in cases opened (113 to 2430). Between fiscal year 1996 and 2003, Innocent
Images has recorded over 10,510 cases opened.
Recently, Peer-to-Peer networks were identified as a growing problem in the
dissemination of child pornography. A GAO report published in September of 2003
indicated a four-fold increase in reports complaining of child pornography in
Peer-to-Peer networks. In 2001, the FBI received 156 complaints about child
pornography in Peer-to-Peer networks. By 2002, the number of complaints had
risen to 757. This increase may be attributable to, among other things, the
popularity of Peer-to-Peer networks, as well as the overall increase in child
pornography available on the Intenet. These programs are free and are easy to
install. In May of 2003, Sharman Networks, the developer of a very popular file
sharing program, reported that their software had been downloaded more than 230
million times. This software and other file sharing programs like it, allow
users to share files with anyone on the network. This creates an environment of
relative anonymity amongst users however, this anonymity is only perceived,
users are not truly anonymous.
Using Peer-to-Peer software, users' computers connect directly to one another
to share files, without going through a central server. Nevertheless, each time
a computer accesses the Internet, it is associated with an internet protocol, or
AIP@ address. Therefore, despite the fact that a Peer-to-Peer connection is not
facilitated by a central server, users can still be identified in real time by
the IP addresses associated with their computers.
IP addresses are the only way to definitively identify a particular user on a
Peer-to-Peer network. In this environment, users of Peer-to-Peer often believe
they are anonymous. There is some degree of truth in this assertion as peers in
these networks are anonymous to each other. That being said, they are NOT
anonymous to law enforcement. Through the use of covert investigative techniques
and administrative subpoenas, Agents can determine which individual users
possess and distribute child pornography over these networks. Utilizing search
warrants, interviews, and computer forensic tools, Agents can strengthen their
cases and these individuals are eventually indicted and prosecuted.
Agents have determined Peer-to Peer networks are one of many Internet havens
for the open distribution of child pornography. Several of the individuals using
Peer-to-Peer networks to distribute child pornography openly describe the
content of the material they share as "illegal". This further
contributes to the feeling of anonymity in these networks and leads users to
become even more brazen in their conduct.
To combat this, the FBI has created an investigative protocol for
Peer-to-Peer investigations to begin aggressively apprehending offenders. After
developing a Peer-to-Peer investigative protocol with the Department of
Justice's Child Exploitation and Obscenity Section , a number of cases were
initiated to determine the techniques viability. Detailed discussion of these
cases could possible jeopardize ongoing investigations, however, I would like to
assure this subcommittee that the FBI is aggressively pursuing the trading of
child pornography on Peer-to-Peer networks.
In these investigations, Agents have found child pornography to be readily
available using the most basic of search terms. Often, child pornography was
easily available when innocuous search terms were used, such as 'Brittney
Spears' or the word 'young'.
Additionally, the FBI is exploring the possibility of working with
Peer-to-Peer software clients to allow them to more effectively warn users
against the possession, distribution, or production of child pornography. These
industry members may also be interested in placing icons or a pop-up link from
their home page regarding subjects wanted by the FBI for exploitation of
children by use of the Internet.
While these efforts may not prevent someone from downloading the material in
question, it will put the user on notice that they are, more than likely,
violating the law. These efforts will also assist investigations as it will
eliminate the ability of the subject to claim ignorance of the law.
In closing, the FBI looks forward to working with other Law Enforcement
agencies, private industry, and the Department of Justice in continuing to
combat this major crime problem. The protection of our children requires the
combined efforts of all sectors of our society. I would like to thank Chairman
Stearns and the committee for the privilege to appear before you and for your
interest in this major crime problem.
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