First,
we must accurately identify the customers accessing the website. I must
reemphasize the word “accurately,” because in order for us to initiate
an investigation, each and every one of the perpetrators must first be
accurately identified. This phase of the investigation is very lengthy
and requires vast resources as child-sexual-abuse websites investigated
by the FBI have been found to contain anywhere from 9,000 to more than
30,000 different customer entries.
Another issue
to consider is the fact that most illegal-website customer entries are
normally years old. Once outdated, this information cannot be utilized
to show probable cause, request search warrants, or acquire the appropriate
evidence to proceed with an investigation.
The most useful
data for the purpose of attempting to identify the customer is the credit
card numbers. In order to obtain credit card information from a financial
institution on these types of investigations, the FBI must seek a federal
grand jury subpoena. Currently this requires a presentation to a grand
jury to request a subpoena for each individual bank in order to identify
each and every individual account holder who paid to enter the illegal
website.
Even after all
of the financial information is obtained through these subpoenas, and a
thorough analysis of all of the information is conducted, there is rarely
enough probable cause established to request a search warrant on the customers’
residences. The only option that remains is knocking on the customers’
doors and asking for consent to access to their computers. If this consent
is not granted, the investigation cannot proceed any further until additional
incriminating evidence is uncovered through other investigations.
Under our current
process, it takes an excessive amount of time for a team of intelligence
analysts to process and analyze a customer list on an average child pornography
website. It would also take more than 11 special-agent hours to accomplish
a knock-and-talk type of investigation on each illegal-website customer.
Again, let us
remember that every illegal-website investigation will have a minimum of
thousands, and sometimes hundreds of thousands, of customers. We are exploring
ways to expedite this process, but there are numerous hurdles to overcome.
In contrast, another
totally separate investigative technique currently being utilized by the
FBI to address child-sexual-abuse matters through Peer-to-Peer investigations
allows for us to capture child sexual abuse and exploitation images as
they are being exchanged by pedophiles and to collect identifying information
on the perpetrators the instant the crime is occurring.
Immediately thereafter,
we can obtain search warrants, and have the authorities go in and seize
evidence in as little as a one-week time period. Using the technique I
just described, and others also currently available, the FBI makes hundreds
of arrests and prosecutable cases every year. For example, one such investigative
effort resulted in over 400 cases opened, 300 search warrants, over 50
convictions to date, and 14 victim children identified and rescued.
This example was
presented to you in order to better describe how the FBI has to prioritize
not only who must be targeted in an investigation, but also what investigative
tools must be utilized in order to maximize investigative results by making
a serious impact on the overall crime problem, and putting the most egregious
sexual offenders behind bars.
My comments today
are intended to reassure the Subcommittee and the American people that
the FBI takes this matter very seriously and has a very aggressive program
designed to address child sexual exploitation.
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 very
serious crime problem. The protection of our children requires the combined
efforts of all sectors of our society. I would like to express my appreciation
to the Subcommittee for addressing this very serious issue, and I would
also like to thank Chairman Whitfield, Ranking Member Stupak, and the Subcommittee
for the privilege of appearing before you today. I look forward to answering
your questions.
Back To Page
One.
--Source: Federal
Bureau of Investigation--
External Links:
Chatmag's
'Blog.
Comments on this
and other Internet chat news articles.
Federal
Bureau of Investigation.
Report to Congress.
