Fluent Essays

Chapter 8, while it focuses on the abuse of underage children, both physically and digitally (sharing of explicit images), it also raises the realistic issue of inadvertent exposure through the internet. The text raises the issue of Angie Varona, her issues are somewhat tastelessly explored here: https://www.oppagirls.com/angie-varona-internet-sensation-2007/ (Links to an external site.)She shared photos of herself that were not secured against prying eyes and the pictures rapidly went worldwide. This is also something that happens with revenge porn. The problem with Angie Varona was inattention to security. The problem with revenge porn is that couples in sexual relationships tend to share images of themselves with each other that should never be shared outside of that relationship, but when the relationship goes sour, they may get shared by the lover seeking revenge. For example: https://mashable.com/category/revenge-porn/ (Links to an external site.)Many states have enacted revenge porn laws and reflect the importance lawmakers attach to these despicable acts against former romantic partners: https://www.businessinsider.com/map-states-where-revenge-porn-banned-2019-10 (Links to an external site.)However, as discussed in an earlier chapter, the First Amendment prohibits nearly all limits on free speech and free speech includes pictures. Some of these punishing the sharing of revenge porn may not survive Constitutional scrutiny:http://www.abajournal.com/web/article/first-amendment-defense-claims-could-threaten-revenge-pornography-statutes (Links to an external site.)https://www.washingtonpost.com/nation/2019/12/26/is-revenge-porn-protected-speech-supreme-court-may-soon-weigh/ (Links to an external site.)For this chapters discussion, take a position on child pornography and revenge porn, how do we fix this problem? I recommend reading the links provided herein and then posting your analysis in 5-7 sentences. As with the two prior chapters, you only need to post once BUT look ahead to the last chapter for the written assignment that spans this weeks set of chapters. yar___steinmetz08.pdf Unformatted Attachment Preview Cybercrime and Society, Third Edition © Majid Yar & Kevin F. Steinmetz Chapter 8 Child pornography and child sex abuse imagery Introduction • Focusing on the online communications that entail the sexualized representation of minors • Featured high on the list of cybercrime problems • High degree of international cooperation, though jurisdictional issues remain 3 Child pornography and the internet: Images, victims, and offenders • Coined “child sexual abuse images” (CSAIs) or “child exploitation material” (CEM) • Such images provokes – Revulsion among majority in society – Fear that children are being coerced and abused • Catalyzed by high-profile cases involving celebrities – E.g. Michael Jackson, Jared Fogle, and Larry Nassar • Traces of child prostitution from the Victorian era onwards 4 Child pornographic images (CSAIs) • CSAIs vary significantly in terms of content – Ranging from “indicative” to “erotic posing” (Taylor et al., 2001) • Cannot be separated from problems of interpersonal sexual victimization of minors; three reasons: – Comprises a permanent record of actual acts of abuse – Significant portion involved may also be committing contact abuse against minors – Demands for such imagery incites others to produce it 5 Discussion • How can we establish the extent of online child pornography? 6 Extent of online child pornography • Difficult to gauge • Reporting agencies indicate which countries host the most CSAIs – Prominent hosts of online child pornography – U.S. and European countries – Measurements from peer-to-peer (P2P) networks • Reporting to Internet monitoring organizations – Issues of reliability and subjectivity (e.g. Sally Mann) – Factors that underestimate the problem of child pornography 7 Victims of child pornography • Most likely to be victims – Caucasian or Asian girls • Types of sexual abuse inflicted – 33\% – sexual activity (rape or sexual torture) – 21\% – non-penetrative sexual activity – 46\% – other indecent imagery • Trends in the degree and severity of sexual content – increasing – Extreme variants – “hurtcore” • Effects of pornographic sexual exploitations on victims – From shame, to PTSD, to substance abuse 8 Investigating child pornography • Profile of consumers – Suffer from psychological and interpersonal problems (e.g. mood disorders) • Profile of offenders based on: – Relationships they maintain with children – Motivations for viewing the content – Types of collecting behaviors performed – Relationship to production and consumption process • Offenders – mostly Caucasian males 9 Minors as both offenders and victims • “Self-victimization” – behaviors in which minors voluntarily engage in sexually-oriented electronic communication (Bryce, 2010) • Growing popularity of “sexting” – Shared with peers, friends, romantic partners – Between 14.8\% and 27.4\% of kids engage in sexting – 12\% and 8.4\% either forwarded or received sexts, respectively • Calls for legislation in the U.S. – Opposition from the American Civil Liberties Union (ACLU) 10 Minors as both offenders and victims • “Live-streaming” sexual or sexualized activities – The practice of “live-distant child abuse” (LDCA) • Live-stream as a form of self-victimization (e.g. Chatroulette) – Involved in sex acts either directly or indirectly • Children could be subjected to sexual activity of adults as well 11 Legislative and policing measures • Child sex abuse – historically neglected • Early legal efforts – UK – Protection of Children Act of 1978 – U.S. – Protection of Children Against Sexual Exploitation Act of 1977 o Online child pornography prohibited by the Communications Decency Act of 1996 o General prohibition of pornographic representations of children by the Child Pornography Prevention Act of 1996 • Other countries have followed suit 12 Legislative and policing measures • Jurisdictional issues remain • International level – The Council of Europe’s Convention on Cybercrime Article 9 – May 2018 – total of 57 countries have ratified these provisions • Global level – UN Convention on the Rights of the Child – 196 countries ratifying the Convention – Drawbacks – countries’ insufficient domestic legislation 13 Aggressive policing of child porn • Child pornography – the most aggressively pursued issue of any cybercrime – “Operation Starburst” in 1995 – “The Wonderland Club” in 1998 – “Operation Ore” in 1999–2003 – “Operation Rescue” in 2007–2011 – “Operation Spade” in 2013 • The controversial “Operation Pacifier” in 2014 and 2015 – Too expansive in scope – The ethics and legality of FBI operating a child porn site 14 Legislative and policing measures • Combating child porn by involving ISPs – Establishing legal liability for ISPs hosting sites • Self-regulation and cooperation in the UK – The Internet Watch Foundation (IWF) and “hotlines” • The National Center for Missing and Exploited Children (NCMEC) in the U.S. • Alliances of adult porn sites combating child porn – Resources provided 15 Discussion • What are some challenges facing moves to tackle child pornography online? 16 Legal and policing challenges • Challenges – Many countries without adequate provisions – Differences in definitions of child pornography – Differential prohibition – Differential legal punishment – Lack of technical expertise, resources, and police response • Who constitutes as a “child”? – E.g. UK (under 18 years of age) vs. Serbia (under 14 years of age) – Ignorance of someone’s true age (e.g. Traci Lords) 17 Legal and policing challenges • Challenges in monitoring and policing the Internet – Reminder: cybercrimes – massively under-reported – Criminal justice system – ill-equipped to cope with cybercrime • Difficulties of detecting child sex offenses online – Challenges of darknets o Child abuse content – most popular on the Tor Dark Net • Offenders’ capabilities of anonymity – Offenders may also use coded language or imagery 18 Controversy over virtual child pornography and “jailbate” images • Existing “grey areas” • “Pseudo-photographs” and “virtual” pornography – Manipulated non-obscene imagery – “Deepfake porn” – Japanese hentai animation lolicon o UK – prohibited; U.S. – free speech protection • Virtual reality environments – The case of Second Life 19 Controversy over virtual child pornography and “jailbate” images • “Jailbate” images – Considered legal – not considered to be obscene – The case of Angie Varona • Challenge – Finding a national solution to a transnational problem 20 ... 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