Forensic Specialist November 2013 Handout

11/16/2013
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Allentown November 2013

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Prevalence Demographics (Who and Why) How they do it How they hide it Cyber Sex Offender Management Model Legal and Policy Issues
The Internet and Cyber Sex Offenders are still a new phenomenon We have very limited information about this population. There has been some research done on this population and there are numerous ongoing studies. The findings are generally ruled by discrepancies and many of the studies have small samples or other issues.
Estimated 2.2 Billion Internet Users in the World (Miniwatts Marketing Group: 2012)
Estimated that between 50 to 100 thousand individuals are involved in organized child pornography rings worldwide (Jenkins 2001)
About 90% of Children in the USA use computers (National Center for Educational Studies: 2001)
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In 2006, it was estimated that there was 264 million sexually explicit web pages (12% of total pages / 60% of web traffic)
20% Child Pornography
Estimated 1 million pornographic images of children on the internet with 200 new images being posted daily (Wellard 2001). 2,755 Internet Domains contain CP Images (Elliott et al., 2009) Between January and March of 2012, NCMEC received 71,201 tips for child pornography and 1,151 tips for online enticement of children for sexual acts. (NCMEC 2012)
20 billion dollar industry Majority are images of girls (COPINE) Approximately half of the images are children under age 9 (COPINE) 80% arrested had images depicting penetration (NJOV) 20% arrested had images depicting violence (NJOV) Average movie is 8 minutes long (Taylor) 81% only one child victim (Taylor)
White Male Mean age of 38 (18-77 years old) Educated Intelligent Employed
Small body size Waist and hip ration close to one High head to body ratio Low fat distribution Neotenous facial features Smooth hairless skin Immature appearance of genitals
Seto 2008
FBI
Many self identified pedophiles admit they use child pornography (Riegel 2004) Some self identified pedophiles use legal child images (Howitt, 1995) Some contact offenders possess child pornography (Seto et al 2006) Some contact offenders admit using CP prior to having a contact offense (Wheeler 1997) CP is indicative of Pedophilia (Seto et al, 2006) CP alone does not increase risk for a hands-on offense (Webb et al, 2007)
Seto found 12% known history of contact offending (2011) Another study showed 35% of those arrested were active abusers. BOP study showed that possibly 85% had actual hands-on sexual offending. Meta Analysis indicates about 55% (Seto, Hanson et al.)
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CAM Only offenders reoffend less often than those with prior offenses (Eke & Seto) 5% recidivate (Seto)

CP Offenders

CAM 3.4% New Sexual Offense 2.1%
More fantasy oriented Fewer cognitive distortions More victim empathy Less likely to engage in anti-social behavior Higher sexual deviancy More accepting of person responsibility Less likely to miss treatment Less likely to fail in the community Have greater self-control and more psychological barriers to acting on their deviant interests than offline offenders
Babchishin et al., 2011 Elliott et al., 2009 Webb et al, 2007.
Why They Do It Varies:

Factors That Influence the Development of Sexually Abusive Behavior
Relationship of Abuser to Child Parent Other Relative Neighbor/ Family Friend Babysitter / Coach Guardians Partner Online Enticement Self-produced Victims of Prostitution Unknown to Child
Source: NCMEC RAN Customized Training and Consulting RAN Customized Training and Consulting
Percentage of Identified Victims 27% 10% 24% 4% 4% 14% 11% 2% 4%
Individual, motivational Situational, circumstantial Developmental, environmental Socio-cultural Biological
69%
Biological Factors Social Learning Factors Typical Manifestations for Online Offenders
Three Reasons that Criminals Like Computers:

Remoteness from Crime Site Data Encryption Anonymity

Genetic & Evolutionary Social, cultural, and physical environment and our role within these Failure in self regulation (behaviors and emotions) Interpersonal problems (difficulty relating to others) Antisocial Thinking Deviant Sexual Interest or Arousal
Ward and Beech
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Type Browser Private Fantasy Trawler Secure Collector Groomer Physical Abuser Producer Distributer
Features Response to spam, accidental hit Conscious creating of online text or images for private use Actively seeking CP using openly available browsers Actively seeking material through secure sites Cultivating an online relationship with children. Abusing a child who may have been introduced online/ Records own abuse or that of others May distribute at any one of the above levels
Non-secure Collector Actively seeking material often through P2P
Krone, 2004
Situational Traders
Traffic and/or collect CP via digital media
Normal adolescent / adult typical adolescent or curious male with newly found access to pornography
Preferential
Pedophile preference for children. Collection will focus on children.
Miscellaneous
Media Reporters
Travelers
Use the internet to manipulate and coerce children into meeting in person
Morally Indiscriminate this is a power / anger motivated SO with a history of violence.
Sexually Indiscriminate wide variety of sexual interest. Collection will be varied.
Overzealous or concerned individuals
Older boyfriends
Traders-Travelers
(Alexy et al., 2005)
Profiteers Profit motivated
Latent have potentially illegal, but latent sexual preferences.
Pranksters
FBI Study 10%
FBI study 75%
FBI Study 15%
Lanning, 2001

Recreational Users (80%)
Smallest group Doesnt fit traditional profile Clean History (Sexual, Psychological, Family, etc.) Often caught in sting operations
Discovery
Sex Offenders
Predisposed
Lifelong Compulsives
KBSolutions.com
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Internet triggers the tripwire Internet sustains behavior Good external controls
Long term and persistent pattern of behavior

Begins pattern in early adolescence or earlier Usually has a history of abuse Ritualized and need driven behavior

Reduced by Internet
Specific sexual interest

Has paraphilic preference/ may be multiple Centers life around preferences
KBSolutions.com
KBSolutions.com
Periodically Prurient Offender Fantasy Driven Offender Direct Victimization Offender Commercially Exploitation Offender
Elliott and Beech 2009

Mood and online sexual behavior can influence each other Positive reinforcement of online sexual behavior through sexual arousal, masturbation, fantasy, and social interactions Attitudes and beliefs can be influenced by online interactions and vice versa Habituation can lead to increased and more intense use of pornography and other online sexual outlets Boredom with fantasy or active encouragement of others can promote contact offending
Seto 2013
Motivation to have sex with a child
Must want to have sex with a child because that is their sexual orientation; as a substitute; or to meet emotional needs. Sociopaths; denial; drugs / alcohol; high levels of stress; cognitive distortions, etc. Physical, emotional, or emotional separation
Overcome inhibitions
Opportunity
Overcome resistance of the child
Grooming; physical force / fear; power / knowledge; need for attention, love, companionship
Very similar to contact offender grooming Can range from seconds to months Copies of chat can be very useful in supervision and treatment Girls and boys between 14 17 are most likely to be groomed University of Central Lancashire (England) identified five different stages of Internet Grooming (Contact Driven Offenders)
Dr. David Finkelhor, Crimes Against Children Research Center

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Friendship Flattering a child into talking in a private chat room where they will be isolated. The child will often be asked for a non-sexual picture of themselves. Forming a Relationship Risk Assessment Exclusivity Sex Talk
Badguy: Victim: Badguy: Victim: Badguy:
a/s/l 12 f phila u 24 m dc what u do trainer at a gym Victim: do you have lots of muscles Badguy: yes. I workout every day. Do u do sports Victim: I play soccer not that good
Friendship Flattering a child into talking in a private chat room where they will be isolated. The child will often be asked for a non-sexual picture of themselves. Forming a Relationship Risk Assessment Exclusivity Sex Talk
Badguy: why you say that sure u r good Victim: I rarely get to play Badguy: coach must not be good Victim: he is mean and yells Badguy: does not know how good u r Victim: I am a little slow Badguy: r u in shape do u have a pic Victim: I will send
Friendship Forming a Relationship Asking the child what problems they have to create an illusion of being their best friend. Risk Assessment Exclusivity Sex Talk
Badguy: why do you think boys are jerks Victim: all they do is tease people Badguy: boys get better when older Victim: you seem nice Badguy: i was like them Victim: I doubt it Badguy: do u like any boys Victim: kinda like this one
Friendship Forming a Relationship Asking the child what problems they have to create an illusion of being their best friend. Risk Assessment Exclusivity Sex Talk
Badguy: did u ever try to talk to him Victim: no he is dating my friend Badguy: is she a good friend Victim: yes, she is my bff Badguy: have you ever told her Victim: no I dont want to tell her Badguy: a bff should be able to tell anything Victim: I know
Friendship Forming a Relationship Risk Assessment Asking the child about the location of their computer and who else has access to it in order to assess the risk of being detected. Exclusivity Sex Talk
Badguy: how are ur parents Victim: they r divorced Badguy: sucks - who do u live with Victim: mom dad on weekends Badguy: r they cool Victim: dads k mom a bitch Badguy: do they know u chat Victim: mom works
Friendship Forming a Relationship Risk Assessment Asking the child about the location of their computer and who else has access to it in order to assess the risk of being detected. Exclusivity Sex Talk
Badguy: what time she get home Victim: around 6 Badguy: who watches u Victim: home alone Badguy: no bothers or sisters Victim: older brother lives w dad Badguy: does mom kick u off computer
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Friendship Forming a Relationship Risk Assessment Exclusivity Building up a sense of mutual love and trust with the child, suggesting they can discuss anything. Sex Talk
Badguy: I like chatting with u Victim: so do i Badguy: do u chat with others Victim: some Badguy: who? I thought I was your guy Victim: u r Badguy: always here 4 u Victim: I know
Friendship Forming a Relationship Risk Assessment Exclusivity Building up a sense of mutual love and trust with the child, suggesting they can discuss anything. Sex Talk
Badguy: Victim: Badguy: Victim: Badguy:
how r u today pissed at bff why nothing u would tell me if u loved me Victim: she was a bitch Bad guy: what she do Victim: told people a secret
Friendship Forming a Relationship Risk Assessment Exclusivity
Sex Talk Engaging the child in explicit conversations and requesting sexually explicit pictures from them. At this stage the pedophile will usually try to arrange a meeting with the child.
Badguy: Victim: Badguy: Victim: Badguy: Victim:
where a bra sometimes what size a sure they nice not big like friends Badguy: not big is ok Victim: just saying that
Friendship Forming a Relationship Risk Assessment Exclusivity
Sex Talk Engaging the child in explicit conversations and requesting sexually explicit pictures from them. At this stage the pedophile will usually try to arrange a meeting with the child.
Badguy: I mean it got a pic Victim: of my boobs? Badguy: send a pic and I will tell u Victim: not sure Badguy: u can trust me Victim: u r my bff I feel so strange Badguy: l will be honest Victim: hold on
Stranger danger
1 in 7 youths solicited online but vast majority from someone they knew Only 5% pretended to be a teenager Vast majority knew the purpose of the encounter and offenders did not lie about intent. Only 5% involved threats or force No minors under the age of 12 and the average age was 15
Wolak, Finkelhor, Mitchell, and Ybarra (2008)
Lying about age

Grooming
Risk of assault or abduction

Young or naive children
Janis Wolak & David Finkelhor, Crimes Against Children Research Center, March 2011 Reviewed over 550 cases obtained nationally from law enforcement agencies All involved youth-produced sexual images defined as images of minors created by minors that could qualify as child pornography under applicable criminal statutes.
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Sexual communication that includes both pictures and text messages sent using cell phones and other electronic media. Pew Center estimated that 4% of youth (12-17) had created and sent nude or nearly nude images. The data suggest that appearing in, creating, or receiving sexual images is far from being a normative behavior for youth.
YouthProduced Sexual Images
Aggravated
Experimental
Adult Involved
Youth Only
Romantic
Sexual Attention Seeking
Other
Intent to Harm
Reckless Misuse
The ages of minors involved and developmental appropriateness of actions Their backgrounds (sexual abuse, criminal, etc.) Whether there was a sexual or social relationship that was coercive. The nature of the images The extent of the dissemination
Diversity of Circumstances
Cant use one single stereotype How do you handle statutory rape cases.
Adult involved cases were also diverse
Even cases with only juveniles can be serious
Cant just say the ones involving adults are bad. Do we want to criminalize?
Some cases appear quite minor
Consider developmental content
Learning about romantic and sexual relationships in a culture with very mixed messages about appropriate sexual behavior.
Many youth are not aware of legal issues regarding sexual images of minors
A/S/L/P CUL F2F FYEO ILU KPC LNK NIFOC PAW WTGP
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Social Networks Snap Chat Chat Rooms Chat Roulette Omegle YouTube
Craigslist Back Page Online Gaming Peer to Peer Deep Web Instagram
Social networks are continually being released and youth are expanding their networks. Facebook has seen a decline in youth users while networks such as Tumblr are growing Youth compete with each other to have the most friends, connections or likes. Encouraged to exchange information ,pictures, videos, blogs, interests and to utilize private messaging
Challenges to Cyber Supervision

Deleting External Storage Multiple Hard Drives Virtual Storage Hidden Partitions Modifying Hash Value Wiping Software
Self Destructing Data Encryption Encrypted USB Bootable USB Anonymous Surfing Steganography Changing Extensions Embedded Images
Technology is always changing

Software Hardware
Officers need to receive ongoing training to improve computer aptitude No search or monitoring tools work on all devices Offenders with access to multiple Internet-capable devices Multiple users on a device Time needed to review data of all devices
Term Twinks Lolita R@Gold HC BL Family Fun
Definition
Term Asparagus LL Collection MCLT PTHC D&D RBV
Definition
Evidenced Based Practices
Containment Model
Risk Needs Responsivity
Comprehensive Approaches to Sex

Offender Management RAN Customized Training and Consulting
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Eight Guiding Principles for Risk/Recidivism Reduction

MEASURE RELEVANT PRACTICES
ENGAGE ON-GOING SUPPORT IN COMM. INCREASE POSITIVE REINFORCEMENT SKILL TRAIN WITH DIRECTED PRACTICE
Risk Needs Responsivity
Identify the offenders risk level. Match the level of services to this risk level.
MEASUREMENT FEEDBACK
TARGET INTERVENTION ENHANCE INTRINSIC MOTIVATION
Identify those changeable risk factors that are directly linked to the offending behavior. Target these risk factors, called criminogenic needs. Assess factors that will influence how the offender will respond Match services to responsivity factors
RISK/NEED: ASSESS ACTUARIAL RISK

Assess External Controls Internal Controls Contain and Validate

Assess
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Psycho sexual evaluation Information from investigation and arrest Assessment of electronic media Family, Friends, and Other Community Supports Victim Advocate/ Victim Assess Static, Dynamic, and Acute Factors
Sexual Development (exposure to sex/ pornography; sexual abuse; sexual onset; pornography use; sexual partner history; and sexual interest) Antisocial Behavior (including non sexual) Online behavior (time spent online; pornography; paraphilic; online sexual behavior; involvement in online forums; and familiarity with privacy and security measures) Online Offending (images of young children or boys; frequency; context; solicitation; and use of online technologies) Risk to Reoffend Treatment Readiness and Offense Pathway
Seto 2013
Read arrest reports Talk with Investigating Officers Get copy of the Chat Use Questionnaire
Type of devices Type of media Where material obtained Search terms Number of CAM Percentage Illegal Age groups Genders Screen names/ game tags
Type of images Time period How categorized Morph/ Edit Attempts to hide Paraphilia Communication with minors Communication with other offenders
#
1 2 3 4 5 6 7 8 9 10
Typology
Indicative Nudist Erotica Posing Erotic Posing Explicit Erotic Posing Explicit Sexual Activity Assault Gross Assault Sadistic/Bestiality
Description
Pictures of children in underwear or bathing suites from normal sources but cont ext or organization of pictures indicate inappropriateness Pictures of Naked children in nudist settings Photographs of children in safe areas showing either underwear or varying degrees of nakedness Deliberately posed children (clothed or naked) that suggest sexual interest Deliberately posed children (clothed or naked) in sexualized or provocative poses Pictures emphasizing genital areas Touching, self or mutual masturbation, oral sex, and intercourse of a child, not in volving an adult Child being subject to a sexual assault involving digital touching and an adult Pictures involve penetration, masturbation, oral sex with an adult Child being bound, beaten or whipped or pictures of child involved with sexual act with an animal
Interview Offender about any electronic media. Search Electronic media Electronic media incudes:

Computers Tablets Cell Phones Gaming Counsels Cameras Plus anything else.
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What type of electronic media do you have access? What are the features of the electronic media?

Camera, webcam, texting, video chat, microphone, How else have you accessed the Internet? Can I see your bills?
Do you have Internet access? What type of programs/ apps are on the media? Who else uses the electronic media? What do you usually do on the electronic media? How has using electronic media helped you? How has using electronic media caused problems in your life? What other electronic media have you used in the past?
What are your screen names/ gaming tags? What type of things have you done sexually (legally/ illegally) on the media device? What type of sexual sites do you have bookmarked? How many hours a week do you spend on online for sexual pursuits? What type of sexual material / products have you paid for online? What different ways did you search or obtain sexual material online? How often have you participated in sexually related chats?
What chat rooms did you frequent?

Who else knows about your sexual activity online?

How did you hide your online activity? Who have you hidden your activity from?
How often do you masturbate while online? How often have you promised (yourself or others) to stop using the Internet? How often have you met someone in person that you met originally online? What type of problems has your sexual activity online caused you? Relationships? Employment?
What types of sexual material have you posted or traded online? How often did you send pictures of yourself or use a webcam? Nude? Who is on your buddy/ friends list? What are different ways that you have misrepresented yourself online? How has your online sexual behavior affected your offline sexuality? What have you discussed with your therapist?
What kinds of games do you play? (Role play, shooter, multiplayer games, etc.) How many hours a week do you play? Do you talk to people about the games you play? Do you play with friends at your house or at their house? Why do you think you have those types of games?
Do you use the gaming online networks? Do you use the text-chat capabilities to talk with other players? Do you use the handset or chat/voice capabilities to talk with other players? Do you use cameras to video chat with other players?
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You are doing a non forensic search of a computer and you find CP.
Document what you are seeing and path Pull the plug on machine Document everything you did Call LE contact / Bag-n- Tag

Compliance Check
Forensic Examination
Why are you doing the search? Do you think you are going to find anything? What do you think you are going to find? What do you plan to do if you find anything?
Focus / concentration is on the computer He/ she knows what is on the computer Just a sex offender mentality Serious consequences if you find something
Many options available Image Scan Knoppix SPADA Pre-search Marshall Cofee STOP Field Search
Aids in the assessment of risk and needs

Confirms other information received Identifies past behavior and patterns Identifies current behaviors and patterns
Assist in developing supervision and treatment targets Assist is gauging supervision and treatment compliance and progress Can identify violations or new criminal behavior Some key red flags include
Nude Pictures of Self Pictures of Victims Nude Pictures Taken by Offender Non Consensual Sites Trophy Material Other Paraphilias Sexually Explicit Stories Written by Offender
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Confirm information Assess for other risks Advise them of risks, triggers, conditions, etc. Assess if they will support your supervision and containment.
Can be an incredible source of information including:

Cruising behavior Grooming Behavior Deviant sexual interest Other Victims Electronic Devices Screen names/ gaming tags Other Risks
More research is needed to establish if the same risk factors for offline apply to online sex offenders (Especially the Fantasy Driven). Initial research indicates that the some risk factors do apply Some of the current risk instruments may work with this population, but there is currently no validated risk instrument that has been normed to this population. Static 99R can be used with Solicitation Offenders University of Liverpool developed the Kent Internet Risk Assessment Tool (KIRAT) to assist police in targeting resources (May 2012).
Recommended that we look at the same risk factors as offline offenders to prioritize interventions:
Sexual Deviancy (e.g. pedophilia, sexual sadism) Antisocial Orientation (e.g. psychopathy, antisocial attitudes, and beliefs) Intimacy Deficits (e.g. poor social skills, emotional identification with children, loneliness)

Seto, Hanson, Babchishin December 2010
Seto, Hanson, Babchishin December 2010
Static Unchangeable Longer-term risk
Dynamic Risk Factors Static Risk Factors
Static
unchangeable
Dynamic
changeable
Dynamic Changeable Shorter-term risk
Non-Criminogenic
not linked to offending
Criminogenic
closely linked to offending
Overall Risk Level

Acute
rapidly changing
Stable
slowly changing
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Prior Criminal Offense (Including Non Sexual)
Age of First Criminal Charge
Prior Contact Offense
Victim Access
Emotional Collapse Collapse of Social Supports
Sexual Preoccupation Resistance to Treatment/ Supervision
Non Digital Content
Grooming / Production Behaviors
Sexual Attraction to Boys
Relationship Instability/ Dissatisfaction
Treatment / Probation Failures
Not having Depictions of Older Teenagers

Other Paraphilias
Substance Use
Age of offender Number of images Time of Viewing Seriousness of images Care in building, maintaining, and categorizing their collection
www.internetbehavior.com/isst
Assess Risk
Develop External Controls

Specific sex offender rules and regulations for individuals with electronic media Develop specific case plan based on risk assessment including approach goals Monitor electronic media based on risk assessment Random searches of electronic media based on risk assessment Involve others to contain (treatment, family, friends, employers, polygraph, etc.) Continue ongoing risk assessment
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External Controls
Community Supports
Internal Controls
Treatment
Computer Monitoring
Computer Search
Cognitive Behavioral Interventions
Offender Accountability
Cell Phone
Polygraph Probation Parole Incarceration
Gaming
Allows offenders to access Internet and develop responsible behaviors while in treatment and under supervision (skill practice) Allows for graduated exposure to the Internet. Allows them the opportunity to develop an understanding of their risky situations. Allows treatment and community center to guide them through high risk situations. Increases motivation for change. The level of external controls (monitoring and searching) should be driven by the level of risk Internet can actually reduce risk to reoffend
Encourages secret keeping Avoidance is not an effective strategy Social isolation / rejection Loss of business or employment opportunities Disconnect from the world Unable to manage stress or boredom
All can have an impact on Dynamic Risk Factors such as relationship stability, social rejection, loneliness, employment, etc.
ACCEPTABLE

NOT ACCEPTABLE
Specific purpose Transparent Healthy Integrated with values Integrated with society values
Minors likely to congregate Social media P2P Web Cams
Computer and Internet Monitoring Programs

What the Courts Say and What Agencies Need to Know
Computer and Internet monitoring is important, as even though offenders are home, they are digitally and virtually out in the public. According to polygraph examinations, 1 in 4 sex offenders under supervision access pornography online despite treatment and supervision restrictions.* Unsupervised computer use is a dynamic risk factor (Elliott and Beach) .
* Margaret Bullens. (2004). Computer and Internet Monitoring: Key Factors in Developing an Implementation Strategy for Probation and Parole. The Journal of Offender Monitoring. Pg 9-12.
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United States vs. Sofsky (2001) 2nd Circuit

Sofsky challenged the supervised release condition that said The Defendant may not access a computer, the Internet, or bulletin board systems at any time, unless approved by the probation officer. The Court ruled that in light of his offense, we hold that the condition inflicts greater deprivation on Sofskys liberty than is reasonably necessary. The Court stated that they were persuaded by an earlier ruling in U.S. v Peterson (2001) which stated that a defendant might use the telephone to commit fraud, but this would not justify a condition of probation that includes an absolute bar on the use of telephones.
The Importance: In the ruling the Court further indicated that they would allow monitoring (presumably unannounced) of Sofskys premises and examinations of material stored on his hard drive and removable disks.
Other cases supporting this finding: U.S. v White (2001) Tenth Circuit U.S. v Peterson (2001) Second Circuit U.S. v Freeman (2003) Third Circuit U.S. v Scott (2003) Seventh Circuit U.S. v Mark (2005) Eighth Circuit U.S. v Voelker (2006) Third Circuit U.S. v Russell (2010) District of Columbia
U.S. v Perazza-Mercado (2009) 1st Circuit

The Court ruled that a complete ban on computer and Internet use was not acceptable as the defendant had no history of impermissible Internet use and the Internet was not an instrumental piece of the offense of conviction. Butthis ruling also presented a second point against a computer and Internet ban.
This was followed by U.S. v Russell (2010) in which the Court also stated, The computer restriction affirmatively and aggressively interferes with the goal of rehabilitation. The Importance: Utilizing computer and Internet monitoring technologies, thus allowing computer use provides the opportunities for the containment team to: Recognize changes in destructive patterns Teach better habits that will continue after supervision Learn more about their offenders life so as to build a better rapport Building rapport and recognizing positive changes in an offenders actions and mindset allow officers to more easily uphold one of the main tenants of Motivational Interviewing, four positive comments for every negative comment.
The goal of supervised release is rehabilitation of the defendant.

The Court states that The ultimate purpose of supervised release is its eventual end and the offenders return to society. Unduly harsh conditions would, instead of facilitating an offenders transition back into the every day life of the community, be a significant barrier to a full reentry in to society.
Of course there is one caveat
U.S. v Balon (2004) 2nd Circuit

Challenge: Balon asserted that the supervision condition allowing remote monitoring of his computer and Internet activities was a greater deprivation of liberty than reasonably necessary. Balon proposed that the Courts allow on-site examination by supervision officers instead of remote monitoring. Ruling: The Court denied the appeal and provided a ruling that favored remote and real-time monitoring as the preferred method of computer and Internet management. The Court displayed a preference for remote and real-time monitoring in comparison to on-site examinations as the opportunity to move, erase or corrupt files exists. Supervision agencies should use on-site examination tools, such as Field Search, not as their exclusive monitoring tool but in conjunction with realtime and remote monitoring technologies .
U.S. v Crandon (1999) 3rd Circuit

Ruling: The court ruled that an Internet restriction was applicable as it was instrumental in the execution of the underlying offense. (Solicitation of a Minor) It was upheld in the Fifth Circuits ruling of U.S. v Paul in 2001 and mentioned in the ruling of U.S. v Perazza-Mercado (2009). Of course the basis for this determination relies upon judicial discretion.
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A Diagram of Remote and Real-Time Monitoring Technology
U.S. v Lifshitz (2004) 2nd Circuit

Challenge: Lifshitz attempted to have filtering or blocking software installed on his computer instead of monitoring software as he stated that monitoring software violated the 4th amendment and his privacy.
Chat Video P2P
Email
Web
Offenders Computer
Apps
Ruling: The Court agreed with Lifshitz to an extent as they ruled that computer and Internet monitoring software should not be overly-broad and invasive. The Court continued by stating that monitoring conditions must be narrowly tailored to avoid a wide swath of extraneous material into its net.
Internet
Officers Computer
Files
Monitoring features that are affected by this ruling including: Category capture Keyword detection Screenshots Application monitoring Exclusion of data Capture of non-supervised users data
Category Capture
In accordance with the U.S. v Lifshitz ruling, monitoring software should provide supervision officers the ability to monitor, filter and block based upon categories appropriate for the underlying offense and the goal of rehabilitation.
Category Capture
In addition, the monitoring interface should allow an officer to view data by medium so as to accurately identify red flag areas in accordance with supervision requirements.
Screenshots
Keyword Detection
Per the U.S. v Lifshitz decision, the Court stated that ways in which the condition might be more narrowly tailored would be by implementing monitoring software that searches for particular suspect words and phrases rather than recording all varieties of computer-related activity.
Screenshots triggered by keywords, phrases or specific applications would constitute narrowly tailored monitoring. Some of the monitoring programs would be overly intrusive, could not be used. For example, technology that records all computer activity, such as programs that take a snapshot of computer use as frequently as once per second, would be inconsistent with the condition
Monitor and flag specific keywords and phrases associated with various categories of offenses.
*Example of screenshots properly triggered by a keyword.*
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Application Monitoring
Agencies should utilize monitoring programs that are able to capture application activity (installed programs). To comply with U.S. v Lifshitz, the monitoring software should be able to capture applications specific to the term of supervision.
Exclusion of Data
Agencies should implement monitoring software that can be configured to exclude capture of specific data. For example, a monitoring program that will not capture the email communications between an offender and their legal counsel or doctor.
Capture of Non-Supervised Users Data

In the scenario in which a monitored offender is sharing a computer with others, an officer can utilize Biometric Integration technology to determine which individuals are using the computer and apply the appropriate settings. Utilizing fingerprint data points, non-supervised users can maintain an expected level of privacy while sharing a computer with a monitored offender.
Other Aspects of Computer and Internet Monitoring to Consider

Confidentiality
Does the monitoring company require personal information about the offender to be revealed in order to establish a contract. Some states have strict confidentiality requirements that protect records relative to probation, parole and pretrial from being released which limits and sometimes prevents third-party data review.
Data Ownership
When contracting with a monitoring company, agencies should be aware of which entity legal owns the captured data. In order to protect against unscrupulous marketing efforts with the data, agencies should ensure that they have contractual rights to the data attained.
Third Party Data Review

Some monitoring companies offer third-party data review which allows an additional entity to review an offenders captured information to assess whether compliance is being met. The goal of this offering is to alleviate the time and effort which can be involved with reviewing an offenders computer and Internet data. Other management models believe that the supervising officer is in the best position to monitor Part of the containment team and have access to confidential case files Know offenders specific conditions Know mental health history Know drug abuse history Know triggers Know victimization cycle
Monitoring Capabilities and Compatibilities

Agencies should identify if a monitoring company is able to install their software on all operating systems. i.e. all Microsoft Windows OS and Macs
Is the monitoring software compatible with all Internet browsers? i.e. Internet Explorer, Mozilla Firefox, Google Chrome
Does the monitoring company have the capability for additional device monitoring? i.e. Smartphones and Tablets
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Service, Support and Training

Does the monitoring company provide training to all officers concerning use of their software and how are trainings facilitated? Does the monitoring company have a technical support team willing and able to assist both officers and offenders if an issue arises? Is their a cost for technical support?
A Checklist for Supervision Agencies Assessing Computer and Internet Monitoring Companies
Remote and Real-Time Monitoring Keyword Capture Screenshots: Target Specific or General Application Monitoring A Solution for Multi-User Machines Ability to Exclude Data Capture Internet Blocking Features Offender Confidentiality Data Ownership Style of Data Review Compatible with all Operating Systems Compatible with all Internet Browsers Device Monitoring Officer Education Technical Support for Officer and Offenders
A Sample List of Computer and Internet Monitoring Technologies
Impulse Control Cyber Snoop Spectorsoft Awareness Technologies Remotecom Covenant Eyes Net Nanny Edgewave
Level of monitoring should be based on risk Heavy use of reports for lower risk offenders Assessment data should be used for keyword, filtering, and blocks Discuss online activity during contacts (especially if appropriate or pro-social) Share with treatment Verify internal controls (next section)
Assess Risk Develop External Controls Develop Internal Controls

External Controls
Community Supports
Internal Controls
Treatment
Computer Monitoring
Computer Search
Cognitive Behavioral Interventions
Offender Accountability
Cell Phone
Polygraph Probation Parole Incarceration
Gaming
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Specific sex offender treatment Take responsivity into account Make your time count Offender accountability Cognitive interventions Develop protective factors / approach goals
Treatment needs to be based on a comprehensive assessment Preparatory phase to increase motivation Cognitive behavioral treatment targeting self regulation (sexual and non sexual) Behavioral treatment to increase voluntary control of paraphilic arousal Booster sessions to maintain gains and to provide aftercare Supervision focused on dynamic risk factors
SETO 2013
Victim Empathy Problematic Internet Use (Generally) Sexual Self Regulation Interpersonal Deficits
Interventions should be delivered consistent with learning style
Many cyber sex offenders learning styles are more suited to visual, tactile or kinetic methods of learning.
They respond well to toys, film clips, books, music, diagrams, and movement. How do you apply in Community Corrections?
Delmonico and Griffin
Seto 2013
What are you doing to hold yourself accountable? How are you using the Internet? Including times and how many hours. How will I know your at risk of reoffending online? What are your high risk situations? Who do you chat / e-mail with? How do you know them?
Use assessment questions Have them identify pro-social supportive individuals who are aware of their offense and that they can communicate with online. Give them pro-social assignments, homework, assessments that they can do online. Talk about what you are observing through the monitoring or from the search (issues and non issues)
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Is it a SECRET?
Anything that cannot pass public scrutiny will create the shame of
a double life. Includes spouse, partner, significant others, and close friends.
Is it ABUSIVE to self or others?

Anything that is exploitive or harmful to others or degrades
oneself is unhealthy sexual behavior.
Is it used to avoid, or is it the source of, painful FEELINGS?

If sexuality is used to alter moods or results in painful mood shifts,
it is clearly unhealthy and maladaptive.
Is it EMPTY of a caring or committed relationship?

Fundamental to the whole concept of healthy sexuality is the
dimension of healthy human relationship and intimacy.
The SAFE Model can assist offenders in determining what is pro-social Internet behavior.
Sunset Psychological & Counseling Services
Move computer (not in the bedroom / social area) and into high traffic area Make environment/ screensavers more personal (family pictures or things that mean something to them) Require screen names, email address identify who they are (No anonymity) Have them maintain a log to monitor cycle (triggers for when the offend) Use only when others are around (monitor visible) Encourage positive computer usage and times Develop internet health plan
(Delmonico and Griffin)
www.croga.org
Self help website with short modules and self assessments Online sex addiction group Peer advocacy groups for individuals who are attracted to children Online AA meetings
www.saa-recovery.org
www.b4uact.org & www.virped.org
www.stayingcyber.org
Delmonico and Griffin
Long term stable employment Relationships with co-workers and others acquaintances Presence and use of adequate and appropriate social supports Positive family relationships and support Adequate and appropriate social skills Healthy adult relationships
Justifying Offense Behavior

How did I know she was not over 18 Others do it There was no victims It is just a picture She wanted to do it
Misperceiving Consequences

Devaluing and Blaming the Victim
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[A] shadow... comes over her face if a stranger gives her an expected compliment. The pictures are still out there... Now that shes growing older and realizing the extent of the [I]nternet, shes also beginning to grasp the darker side of the story how many people see those same pictures as something to enjoy rather than abhor. We have no way of knowing how many pedophiles used the pictures of her being tortured and degraded as an opportunity for personal gratification ... I asked my daughter what she most wanted to ask of the judge. Her request: "Please, dont let them pretend no ones getting hurt."
Assess Risk Develop External Controls Develop Internal Controls Contain and Validate
Probation / Parole Polygraph Treatment Police Friends / Family Community Victim Other offenders
Since becoming an adult, have you had sexual contact with someone under the age of 18. Since being placed on probation, have you viewed child pornography. Since being placed on probation, have communicated electronically with a minor. Since being placed on probation, have you accessed the internet on a unmonitored device. Since being placed on probation, have you viewed images of pornography.
Verbal praise Reduce filters or blocking Increase allowable times Approve special requests Remove from electronic monitoring
Internal Sanctions Refer information to treatment agency Add filters and other internet controls Utilize other sanctions Add no computer condition Pursue new criminal charges
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Do you allow them to have personal electronic devices? Do you allow them to use centers devices? Other residents? How will you handle cell phones? Gaming Devices? Are you permitted to search electronic devices?

Will you monitor computers?

Who will you monitor? Work computers? How long? How often is data reviewed and to what extent

When? Do you need reasonable suspicion? What are you going to do if you find something? Bag-n-tag? Who to call?
Will you restrict certain sites? Other filters / blocking? What do you tell the community?
Rick Parsons & Nick Honyara

RAN Customized Training and Consulting P.O. Box 368 Douglassville, PA 19518 267-702-0726 rparsons@ranconsulting.net nhonyara@ranconsulting.net www.ranconsulting.net
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Forensic Specialist November 2013 Handout

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11/16/2013

Allentown November 2013

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20% Child Pornography

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CAM 3.4% New Sexual Offense 2.1%

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Why They Do It Varies:

Percentage of Identified Victims 27% 10% 24% 4% 4% 14% 11% 2% 4%

Individual, motivational Situational, circumstantial Developmental, environmental Socio-cultural Biological

Three Reasons that Criminals Like Computers:

Ward and Beech

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Non-secure Collector Actively seeking material often through P2P

Morally Indiscriminate this is a power / anger motivated SO with a history of violence.

Sexually Indiscriminate wide variety of sexual interest. Collection will be varied.

Overzealous or concerned individuals

Profiteers Profit motivated

Latent have potentially illegal, but latent sexual preferences.

FBI Study 10%

FBI study 75%

FBI Study 15%

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Long term and persistent pattern of behavior

Specific sexual interest

Has paraphilic preference/ may be multiple Centers life around preferences

Elliott and Beech 2009

Motivation to have sex with a child

Overcome resistance of the child

Dr. David Finkelhor, Crimes Against Children Research Center

Badguy: Victim: Badguy: Victim: Badguy:

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Badguy: Victim: Badguy: Victim: Badguy:

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Friendship Forming a Relationship Risk Assessment Exclusivity

Badguy: Victim: Badguy: Victim: Badguy: Victim:

Friendship Forming a Relationship Risk Assessment Exclusivity

Lying about age

Risk of assault or abduction

Young or naive children

YouthProduced Sexual Images

Sexual Attention Seeking

Adult involved cases were also diverse

Even cases with only juveniles can be serious

Some cases appear quite minor

Consider developmental content

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Challenges to Cyber Supervision

Technology is always changing

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Term Twinks Lolita R@Gold HC BL Family Fun

Term Asparagus LL Collection MCLT PTHC D&D RBV

Evidenced Based Practices

Risk Needs Responsivity