Gregory R' Nyhus, AUSA

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Child Exploitation And the Internet
Gregory R. Nyhus, AUSA [phone] greg.r.nyhus_at_
usdoj.gov
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FEDERAL JURISDICTION INTERSTATE COMMERCE

• Interstate commerce
• Requirement for federal prosecution
• Between States or using the facilities of
  interstate commerce (phones, wire, mail)
• Computers (use servers which facilitate
  interstate delivery of data)

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FEDERAL JURISDICTION INTERSTATE COMMERCE

• Between States or using the facilities of
  interstate commerce (phones, wire, mail)
• Chat IP address
• IRC IP address
• AIM Virginia
• Email- IP address
• Computers (use servers which facilitate
  interstate delivery of data)

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Investigative Tools

• Task Forces
• Intercept
• Federal, State and Local officers
• Violent Crime Related
• ICAC Internet Crimes Against Children
• Federal State and Local officers
• Internet and computer related
• Comprised of federal and state investigators

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Investigative Tools

• Undercover Operations
• Stings
• Police act as facilitator of crime
• Deliver contraband at request of bad guy
• On-Line Investigations
• Police pose as minors on Internet
• Facilitate conduct by bad guy (traveling,
  pornography)

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TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND
RELATED CRIMES

• 2421. Transportation generally
• 2422. Coercion and enticement
• 2425. Use of interstate facilities to transmit
  information about a minor

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2421. Transportation Generally

• Knowingly transports any individual in interstate
  or foreign commerce,
• With intent that such individual engage in
  prostitution, or in any sexual activity for which
  any person can be charged with a criminal offense
• Imprisoned not more than 10 years, fined or both.
• Example Hong Kong Hop Song Tong - Seattle

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2422. Coercion and Enticement

• Whoever knowingly uses a facility of interstate
  commerce to persuade, induce, entice, or coerce
  any individual to
• Engage in prostitution or in any criminal sexual
  activity
• 5 year mandatory minimum
• applies to children under 18, use of computer
• Example Jones

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2423. Transportation of minors

• (a) Knowingly travels in interstate commerce with
  intent to engage in criminal sexual activity
• (b) Knowingly travels in interstate commerce with
  intent to engage in sexual act with a juvenile
• Sexual purpose can be ancillary
• Significant or Dominant
• a purpose for travel not the only one

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2423(b) Travel Limitation

• Under 16 (between ages 12 and 16)
• Sexual purpose can be ancillary
• Significant
• Dominant
• Methods of proof
• What they brought
• What they said

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2423(b) Travel

• Rev. Thomas James Case Example
• Background
• Chat
• The arrest
• Entrapment?

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TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND
RELATED CRIMES

• 2421. Transportation generally
• 2422. Coercion and enticement
• 2425. Use of interstate facilities to transmit
  information about a minor

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INTERNET CHAT EXPERIENCE

• AOL / AIM
• YAHOO CHAT
• MSN CHAT
• IRC
• PALNET

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INTERNET CHAT EXPERIENCE

• Stranger / Anonymous chat
• Casual Acquaintance Chat
• IM
• Messenger
• AIM
• SMS (Text messaging)

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THE STATISTIC

• Two in five (40) of teenagers who chatted
  regularly reported being contacted by someone
  for some overt sexual purpose
• Reported (maybe higher)
• Includes blind solicitations

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THE PREMISE

• Whenever the Internet is used within a real and
  meaningful context to communicate, the boundaries
  between real and virtual are lost. Internet
  activities, therefore, produce incentives for
  real life and visa versa.

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THE PREMISE

• Instant Gratification of the Internet
• Reinforcement
• Mechanism for fantasies
• Validity
• Perceived anonymity

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STAGES OF ENGAGEMENT

• Friendship Forming
• Relationship Forming
• Risk Assessment
• Exclusivity
• Sexual

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STAGES OF ENGAGEMENT

• Passive Engagement
• Viewing / Chat / Stories
• Idle Lurking
• Active Engagement
• Active Chatting / Profile Surfing
• Role-play
• Group forming
• Solicitation / Meeting

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When Chatting Goes Too Far
Examples
Rev. Thomas James
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• Begin IM - 5/9/2003 1229 PM
• TDJ1957 hey where from and age
• TDJ1957 i am in vancouver
• UCO portland 13
• TDJ1957 oh young i am 32
• UCO u r not old
• TDJ1957 do u like older men
• TDJ1957 send me your pic
• UCO i just like guys who carz bout the age
• TDJ1957 do you like your young p sucked

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• TDJ1957 you alone today
• UCO no
• UCO mom is home
• TDJ1957 oh
• TDJ1957 ok
• UCO why
• TDJ1957 well no way we could get together then
  is there
• UCO u mean now
• TDJ1957 well in the next hour or so
• UCO n do what
• TDJ1957 she does not let you go out to store
  or anyting does she
• TDJ1957 well have you ever seen a guys
• UCO once a pic
• TDJ1957 i would let you play with it

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• TDJ1957 i have a nice van with tinted glass so
  we could do it in the van
• TDJ1957 i will come if you want me to
• TDJ1957 do you want to play or not
• TDJ1957 what is your name
• UCO just play n stuff u mean
• TDJ1957 yes
• TDJ1957 nothing you dont want ok
• UCO k
• UCO like what
• TDJ1957 well would yuo ulike to play with my
  

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• UCO do u no how much trbl i could get in my mom
  would grnd me 4 years
• UCO i mean she is mean sometimz
• TDJ1957 i know, and i could go to jail and i
  dont want that
• UCO im could go to jail no
• TDJ1957 what
• UCO no way i want to get in trbl r u going to
  tell
• UCO i dont tell my mom much
• TDJ1957 never amy i could loose all i have
  worked for all my life
• TDJ1957 ok

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When Chatting Goes Too Far
Examples
Kistler
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KISTLER

• Cam Seek
• Video Production
• 13 victims in 11 jurisdictions
• Where does production occur?