Combating Child Pornography: Federal Agencies Coordinate Law
Enforcement Efforts, but an Opportunity Exists for Further
Enhancement (02-DEC-02, GAO-03-272).
The trafficking of child pornography through increasingly
sophisticated electronic media, including Internet chat rooms,
newsgroups, and peer-to-peer networks, has made such images more
readily accessible. These technological advances have created
more challenges for law enforcement, including requiring
effective coordination to combat this crime. The federal law
enforcement agencies that play a role in investigating child
pornography are the FBI, Customs, Postal Inspection Service, and
Secret Service. This report provides information on the
coordination of federal efforts to combat child pornography.
Specifically, it (1) identifies mechanisms federal agencies have
in place to combat child pornography and (2) provides information
on an opportunity to further enhance coordination among federal
law enforcement agencies.
-------------------------Indexing Terms-------------------------
REPORTNUM: GAO-03-272
ACCNO: A05619
TITLE: Combating Child Pornography: Federal Agencies Coordinate
Law Enforcement Efforts, but an Opportunity Exists for Further
Enhancement
DATE: 12/02/2002
SUBJECT: Child abuse
Children
Computer networks
Crime prevention
Interagency relations
Internet
Law enforcement
Law enforcement agencies
Sexual abuse
******************************************************************
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GAO-03-272
Report to the Ranking Minority Member, Committee on Government Reform,
House of Representatives
United States General Accounting Office
GAO
November 2002 COMBATING CHILD PORNOGRAPHY
Federal Agencies Coordinate Law Enforcement Efforts, but an Opportunity
Exists for Further Enhancement
GAO- 03- 272
Federal agencies responsible for combating child pornography have various
coordination mechanisms in place for combating this crime. These
coordinated efforts have contributed to increases in the number of federal
child pornography cases prosecuted over the past 5 years. Federal
coordination mechanisms to combat child pornography include * monthly
meetings of officials from key federal law enforcement
agencies, Justice attorneys* efforts to coordinate and consolidate
prosecution of
cases, multiple federal task forces to coordinate services and
investigative
activities, national program for sharing images of exploited children
among law
enforcement agencies, and National Center for Missing and Exploited
Children (NCMEC) provides
child pornography tips to designated law enforcement agencies. Although
law enforcement officials and leading communication service providers
generally view current coordination mechanisms as effective, an
opportunity exists to further enhance information sharing. Remote
computing and electronic communication service providers are mandated
under the Protection of Children from Sexual Predators Act of 1998 to
report all instances of child pornography to NCMEC. Currently, FBI and
Customs have direct access to these child pornography- related tips
reported to NCMEC by communication service providers. Despite their role
in combating child pornography, the Postal Inspection Service and the
Secret Service lack direct access to these reports.
Representatives from the Customs Service, Postal Inspection Service, and
Secret Service reviewed a draft of this report and concurred with the
information presented in the report. However, Justice in its official
comments believed that GAO*s recommendation for more tip sharing was
unnecessary, but agreed to continue to study the issue.
Federal Child Pornography Cases Prosecuted by Fiscal Year Fiscal year 0
100 200
300 400
500 600
700 800
2002 2001
Source: Department of Justice.
2000 1999 1998
627 692
562 510
428
Number of cases
COMBATING CHILD PORNOGRAPHY
Federal Agencies Coordinate Law Enforcement Efforts, but an Opportunity
Exists for Further Enhancement
www. gao. gov/ cgi- bin/ getrpt? GAO- 03- 272. To view the full report,
including the scope and methodology, click on the link above. For more
information, contact Laurie Ekstrand on (202) 512- 8777 or ekstrandL@ gao.
gov. Highlights of GAO- 03- 272, a report to the
Ranking Minority Member, Committee on Government Reform, House of
Representatives
November 2002
The trafficking of child pornography through increasingly sophisticated
electronic media, including Internet chat rooms, newsgroups, and peer- to-
peer networks, has made such images more readily accessible. These
technological advances have created more challenges for law enforcement,
including requiring effective coordination to combat this crime. The
federal law enforcement agencies that play a role in investigating child
pornography are the FBI, Customs, Postal Inspection Service, and Secret
Service.
This report provides information on the coordination of federal efforts to
combat child pornography. Specifically, it (1) identifies mechanisms
federal agencies have in place to combat child pornography and (2)
provides information on an opportunity to further enhance coordination
among federal law enforcement agencies.
To further enhance coordination of key law enforcement agencies* efforts
to combat child pornography, GAO recommends that the Attorney General
include the Postal Inspection Service and Secret Service, as well as the
FBI and Customs as agencies designated to receive direct access to child
pornography tips reported to NCMEC by remote computing or electronic
communication service providers.
Page i GAO- 03- 272 Combating Child Pornography Letter 1
Results in Brief 2 Background 4 Mechanisms in Place Have Coordinated
Federal Efforts 6 Opportunity Exists to Further Enhance Coordination 10
Conclusions 11 Recommendation for Executive Action 12 Agency Comments and
Our Evaluation 12
Appendix I Objectives, Scope, and Methodology 15
Appendix II Key Federal Agencies and Federally Funded Entities Involved in
Combating Child Pornography 16
U. S. Department of Justice 16 U. S. Department of Treasury 23 U. S.
Postal Service 26 Federal Agency Task Force on Missing and Exploited
Children 28 National Center for Missing and Exploited Children 29
Appendix III Federal Law Enforcement Agencies Child Pornography- Related
Caseload 31
Appendix IV GAO Contacts and Staff Acknowledgments 35 GAO Contacts 35
Staff Acknowledgments 35
Tables
Table 1: Federal Agencies Involved in Combating Child Pornography 5 Table
2: Agencies Participating in the Federal Agency Task Force
for Missing and Exploited Children 8 Contents
Page ii GAO- 03- 272 Combating Child Pornography Figures
Figure 1: Federal Child Pornography Cases Prosecuted by Fiscal Year 6
Figure 2: NCMEC*s Exploited Child Unit 10 Figure 3: FBI Personnel
Dedicated for Combating Child
Exploitation 17 Figure 4: FBI Funds Obligated for Combating Child
Exploitation 17 Figure 5: CEOS Personnel Dedicated for Combating Child
Exploitation and Obscenity Offenses 20 Figure 6: CEOS Funds Obligated for
Combating Federal Child
Exploitation and Obscenity Offenses 21 Figure 7: OJJDP Grants to ICAC Task
Forces 22 Figure 8: Hours Spent by Customs Agents on Child Exploitation
Investigations 24 Figure 9: Customs Estimated Child Exploitation
Obligations 25 Figure 10: Postal Inspectors Assigned to Child Exploitation
Investigations 27 Figure 11: Postal Inspection Service Funds Obligated for
Combating Child Exploitation 28 Figure 12: Child Exploitation Cases Opened
by the FBI 31 Figure 13: Customs Arrests for Child Exploitation 32 Figure
14: Postal Inspection Service Arrests for Child Pornography 33 Figure 15:
Secret Service Cyber Tips Processed 34 Figure 16: Secret Service Field
Office Child Pornography
Investigative Caseload 34
Abbreviations
FBI Federal Bureau of Investigation CEOS Child Exploitation and Obscenity
Section DOJ Department of Justice ECU Exploited Child Unit EOUSA Executive
Office for United States Attorneys ICAC Internet Crimes Against Children
NCMEC National Center for Missing and Exploited Children OJJDP Office of
Juvenile Justice and Delinquency Prevention USAO United States Attorneys
Office
Page 1 GAO- 03- 272 Combating Child Pornography
November 29, 2002 The Honorable Henry A. Waxman Ranking Minority Member
Committee on Government Reform House of Representatives
Dear Mr. Waxman: The Internet, while changing the way our society
communicates, has also changed the nature of many crimes, including child
pornography. Child pornography, as defined by the Supreme Court, is
material *that visually
depict[ s] sexual conduct by children below a specified age.* 1 The
trafficking of child pornography through increasingly sophisticated
electronic media, including Internet chat rooms, newsgroups, and peer-
topeer networks, 2 has made these images more readily accessible. Multiple
federal agencies play roles in combating child pornography, many of them
as a part of an overall effort to combat child exploitation in general. 3
Additionally, state and local law enforcement agencies may also have
jurisdiction over certain child exploitation cases and may work
collaboratively with federal agencies to combat child pornography. While
technology has created more challenges for law enforcement, it also
requires federal agencies to coordinate efforts to work well together in
identifying crimes, targeting suspects, investigating cases, and gathering
evidence.
This report responds to your request that we assess the coordination of
federal efforts to combat child pornography. As agreed with your office,
1 See New York v. Ferber, 458 U. S. 747, 764 (1982) (emphasis in
original). The age is under 18 years old for federal child pornography
statutes, which are codified at 18 U. S. C. 2251 to 2260.
2 These networks allow users to share material by transmitting data
directly from computer to computer rather than through a central server.
Additional information regarding the ease of access to child pornography
on peer- to- peer networks, the risk of inadvertent exposure of juvenile
users of peer- to- peer networks to child pornography, and the extent of
federal law enforcement resources available for combating child
pornography on peer- to- peer networks will be forthcoming in a GAO report
to be issued in early 2003.
3 Child exploitation includes activities such as child molestation, child
prostitution, and online enticement of children for sexual acts, in
addition to child pornography.
United States General Accounting Office Washington, DC 20548
Page 2 GAO- 03- 272 Combating Child Pornography
our objectives for this report were to (1) identify mechanisms federal
agencies have in place to coordinate their efforts to combat child
pornography and (2) determine whether opportunities exist to enhance
coordination among federal law enforcement agencies. To achieve these
objectives, among other things, we (1) interviewed appropriate officials
from federal agencies involved in combating child pornography; the private
sector, including a nonprofit organization; and leading electronic
communications companies; (2) collected budgetary, resource allocation,
and caseload data from each of the key federal agencies involved in
combating child pornography; and (3) reviewed child pornography cases
involving multiple federal agencies. We limited our scope to the domestic
efforts of key federal law enforcement agencies involved in combating
child pornography. We do not address coordination of federal agencies with
state and local efforts. For additional detail on our objectives, scope,
and methodology, see appendix I.
Federal agencies have various mechanisms in place to coordinate their
efforts to combat child pornography. These include, (1) monthly meetings
of officials from key federal agencies involved in combating child
pornography; (2) the sharing of expertise among federal prosecutors and
the consolidation of federal investigative efforts; (3) task forces to
coordinate federal investigative activities; (4) a national program to
facilitate the sharing of images of exploited children among federal
agencies working to combat child pornography; and (5) the federally
sponsored National Center for Missing and Exploited Children (NCMEC) that,
among other things, serves as a mechanism to coordinate child pornography
tips among federal law enforcement agencies.
Although these coordination efforts are working well, some improvements to
information sharing can be made. Agency officials we interviewed involved
in combating child pornography view federal coordination efforts to combat
this crime as effective. Specifically, the federal law enforcement
agencies with primary jurisdiction in the area of child pornography
(Department of Justice (DOJ), Federal Bureau of Investigation (FBI), U. S.
Customs Service, and the U. S. Postal Inspection Service) generally view
their current coordination mechanisms as effective. 4 In addition,
4 The Secret Service does not have a primary investigative role and
describes their activities in this area as providing technical expertise
and forensic support on an *as needed* basis. The Secret Service defers to
those agencies with primary jurisdiction in the area of child pornography
to answer the question of effectiveness of coordination mechanisms.
Results in Brief
Page 3 GAO- 03- 272 Combating Child Pornography
three of the leading electronic communications service providers,
including two of the largest Internet service providers, report no
significant problems with the coordination of federal law enforcement
efforts. These entities report that it has been rare that they receive
duplicate subpoenas from the federal law enforcement community relating to
the same investigation. However, an opportunity exists to improve
information sharing that could further enhance federal coordination
efforts. Not all relevant federal agencies have direct access to child
pornography- related tips reported to NCMEC by remote computing service
and electronic communication service providers 5 under the Protection of
Children from Sexual Predators Act of 1998. To obtain direct access, the
agency must be designated by the Attorney General.
We make a recommendation in this report regarding the designation of
additional federal agencies to receive direct access to child pornography
tips reported to NCMEC by remote computing service and electronic
communication service providers
We provided a draft of this report to the Attorney General, Secretary of
the Treasury, and the Chief of the Postal Inspection Service for comment.
Officials from the Customs Service, U. S. Postal Inspection Service, and
Secret Service generally agreed with the report*s findings and supported
our recommendation. The Department of Justice, while agreeing with our
finding that federal agencies have mechanisms in place to coordinate their
efforts, did not fully support our conclusion and recommendation that
providing the Postal Inspection Service and Secret Service direct access
to tips reported to NCMEC by remote computing service and electronic
communication service providers would further enhance federal coordination
efforts. DOJ commented that FBI and Customs, the agencies that currently
have direct access, can and do share these tips with Secret Service and
Postal Inspection Service, as appropriate, and DOJ believes that this
coordination has been effective. However, DOJ is studying this issue as it
finalizes regulations implementing the statute. DOJ also commented that
our report does not address the impact that current statutory restrictions
have on the sharing of these tips with state and local Internet Crimes
Against Children (ICAC) task forces.
5 These remote computing service and electronic communication service
providers would include major Internet service providers, such as America
Online and Microsoft, as well as major Web sites such as Yahoo.
Page 4 GAO- 03- 272 Combating Child Pornography
We recognize that, although the Postal Inspection Service and Secret
Service have not been designated to receive tips reported by remote
computing service and electronic communication service providers directly
from NCMEC, they may receive tips from a designated agency if a government
attorney makes a determination under the statute that it is necessary to
grant access to assist the attorney in enforcing federal criminal law.
Although DOJ questions whether the Postal Inspection Service and Secret
Service, therefore, need direct access, we fail to see how such indirect
access fully facilitates law enforcement efforts. Because we believe that
the Postal Inspection Service and Secret Service, which continue to be
actively involved in child pornography investigations, should have direct
access to such tips to better enable them to (1) pursue leads or
coordinate efforts with other law enforcement agencies that may require
their expertise and (2) avoid possible duplication, we did not modify or
delete our recommendation. Concerning DOJ*s suggestion that we address the
impact of a statutory restriction that prohibits sharing tips with state
and local ICAC task forces absent a court order, it should be pointed out
that a review of the quality or enhancement of federal- to- state law
enforcement coordination efforts was outside the scope of our review. The
scope of our objectives was limited to a review of federal- to- federal
law enforcement agencies* coordination mechanisms.
As shown in table 1, several federal law enforcement agencies are involved
in the U. S. efforts to combat child pornography. These agencies have
specific units devoted to combating child exploitation, of which child
pornography is a part. Background
Page 5 GAO- 03- 272 Combating Child Pornography
Table 1: Federal Agencies Involved in Combating Child Pornography
Department Unit Law enforcement effort
DOJ FBI a Child Exploitation and Obscenity Section
United States Attorneys Offices
Office of Juvenile Justice and Delinquency Prevention
Proactively investigates crimes against children. Crimes Against Children
Unit coordinators are in each of the 56 field offices. Also has a national
*Innocent Images Initiative* to combat Internetrelated sexual exploitation
of children.
A specialized group of attorneys within DOJ who, among other things,
prosecute those who possess, manufacture, or distribute child pornography
and provide prosecutorial guidance to other law enforcement agencies.
Ninety- four United States Attorneys Offices can prosecute federal child
exploitation- related cases.
Funds the Internet Crimes Against Children Task Force Program that
encourages multi- jurisdictional and multiagency responses to crimes
against children involving the Internet. Treasury U. S. Customs Service
CyberSmuggling Center a U. S. Secret Service a
Focuses Customs* resources on Internetrelated crimes, including child
sexual exploitation.
Provides forensic and technical assistance in matters involving missing
and sexually exploited children. U. S. Postal Service Postal Inspection
Service a Investigates all child pornography and child sexual exploitation
cases that involve U. S. mail, as well as Internet- related offenses in
cases where there is a mail nexus. a Agency has staff resources assigned
to NCMEC.
Source: GAO.
Appendix II provides additional details on the mission, role, and level of
resources of these agencies.
As shown in figure 1, the number of federal child pornography cases
prosecuted has continued to increase over the past 5 years.
Page 6 GAO- 03- 272 Combating Child Pornography
Figure 1: Federal Child Pornography Cases Prosecuted by Fiscal Year
Note:Fiscal year 2002 figures as of September 2002.
Appendix III provides additional information on the caseload of key
federal law enforcement agencies involved in efforts to combat this crime.
Federal agencies have mechanisms in place to coordinate their law
enforcement efforts to combat child pornography. These mechanisms include
(1) regularly scheduled monthly meetings among key officials for the
purpose of sharing current information and expertise; (2) the sharing of
expertise among federal prosecutors and the consolidation of federal
investigative efforts; (3) task forces to coordinate federal investigative
activities; (4) a national program to facilitate the sharing of
information and images among agencies for the purpose of investigation and
prosecution; and (5) NCMEC, a federally funded, nonprofit organization.
Officials from the respective child exploitation units of the FBI, the
Child Exploitation and Obscenity Section (CEOS), Customs Service, and U.
S. Postal Inspection Service, hold monthly meetings to share information
and Mechanisms in Place
Have Coordinated Federal Efforts
Monthly Coordination Meetings
Fiscal year 0
100 200
300 400
500 600
700 800
2002 2001
Source: Department of Justice.
2000 1999 1998
627 692
562 510
428
Number of cases
Page 7 GAO- 03- 272 Combating Child Pornography
expertise on their efforts to combat child pornography. 6 The focus of
these meetings usually involves general trends and issues related to child
exploitation and law enforcement strategies. Specific investigations of
mutual interest or those that require extensive coordination among
agencies, including efforts of multiagency federal task forces, may also
be discussed.
Attorneys from CEOS and the various USAOs facilitate the coordination of
investigations by multiple federal law enforcement agencies in multiple
districts. The U. S. Attorneys* Manual, among other things, outlines DOJ*s
policy on coordination between CEOS and USAOs in multidistrict
investigations and prosecution of cases involving child pornography, child
sexual abuse, and child exploitation and obscenity. 7 For example, in one
large child pornography case that involved suspects from multiple
jurisdictions in the United States and abroad, CEOS attorneys provided
guidance to ensure that subpoenas and search warrant affidavits were
legally sound and executed by multiple agencies in a coordinated fashion.
CEOS attorneys also coordinated the prosecution of multiple defendants in
the case, taking the lead on some and referring others to various
prosecutors across the country.
Multiagency task forces are also in place to coordinate investigative
activities among federal agencies as well as with state and local law
enforcement officials. The Federal Agency Task Force for Missing and
Exploited Children and the Internet Crimes Against Children Program are
examples of multiagency task forces with federal agency involvement.
The Federal Agency Task Force for Missing and Exploited Children includes
representatives from 16 federal agencies and NCMEC. Officials
participating in this task force coordinate their activities on cases
involving missing and exploited children and provide a consolidated
resource guide that identifies federal resources and provides information
6 At the time of our review, the Secret Service was not attending monthly
child pornography coordination meetings. As previously noted, the Secret
Service does not have a primary investigative role and described its
activities in this area as providing technical expertise and forensic
support on an *as needed* basis.
7 See U. S. Attorneys* Manual, sec. 9- 75.030, 9- 75.100, 9- 75.110.
Justice Attorneys
Coordinate and Consolidate Prosecution of Cases
Multiagency Federal Task Forces
Page 8 GAO- 03- 272 Combating Child Pornography
on technical assistance and support, and services related to child
exploitation, including child pornography.
Table 2 shows the federal agencies involved in this effort.
Table 2: Agencies Participating in the Federal Agency Task Force for
Missing and Exploited Children
Department Agency
Department of Defense Family Advocacy Program Legal Assistance Offices
Department of Education Office of Elementary and Secondary
Education/ Safe and Drug- Free School Program Department of Health and
Human Services Family and Youth Services Bureau
National Center on Child Abuse and Neglect Department of Justice Child
Exploitation and Obscenity Section
Executive Office for U. S. Attorneys Federal Bureau of Investigation
Office for Victims of Crime OJJDP*s Prevention/ Child Protection Division
Immigration and Naturalization Service U. S. National Central Bureau
Department of State Office of Children*s Issues Department of Treasury
Customs Service
Secret Service*s Forensic Services Division Postal Service Postal
Inspection Service
Source: Federal Agency Task Force for Missing and Exploited Children.
The Office of Juvenile Justice and Delinquency Prevention (OJJDP) provides
funding for the ICAC Program, which coordinates federal and regional
responses to Internet crimes against children. This program is designed to
enhance the national response by developing a state and local law
enforcement network composed of regional task forces, each with a federal
law enforcement presence. For example, the successful conclusion to one 2-
year investigation was announced in August 2001. Thirty ICACs throughout
the United States partnered with Postal Inspectors in an undercover
operation aimed at eliminating child pornography through the mail and via
the Internet. Searches were conducted in 37 states and resulted in 130
arrests for trafficking in child pornography. Currently, there are 30 ICAC
task forces nationwide, with an additional 6 planned.
To facilitate more effective coordination of federal, state, and local
investigation and prosecution of child pornography cases, federal law
Victim Identification Program
Page 9 GAO- 03- 272 Combating Child Pornography
enforcement agencies have developed a national program that allows law
enforcement officials to share information on images of child victims.
This includes new images from child pornography traffic uncovered amongst
the various law enforcement agencies that may identify a child victim. The
program permits law enforcement officials to search stored images to
determine if an image found during the course of an investigation is that
of an actual child whose image has been used in previous cases. 8 The
sharing of these images helps law enforcement agencies better utilize
resources, coordinate their efforts, and aid in criminal prosecutions,
according to federal law enforcement officials. The Victim Identification
Program is also intended to aid law enforcement agencies in their efforts
to find and save a child depicted in the images.
NCMEC, a federally funded, nonprofit organization, serves as a national
resource center for information related to crimes against children. Its
mission is to find missing children and prevent child victimization.
NCMEC*s Exploited Child Unit (ECU) provides technical assistance and
services to enable federal, state, local, and international law
enforcement agencies to effectively coordinate child pornography
investigations. Analysts in this unit investigate and process tips
provided by the public and electronic communications service providers to
determine if the material constitutes a violation of law. This information
is then made available to designated federal law enforcement agencies for
follow- up. Figure 2 shows the makeup of NCMEC*s ECU and the presence of
multiple federal law enforcement agencies. Appendix II provides additional
detail on NCMEC.
8 In Ashcroft v. Free Speech Coalition, 535 U. S. 234 (2002), the Supreme
Court declared certain provisions of the Child Pornography Prevention Act
unconstitutional to the extent that they defined child pornography by
reference to images that appear to depict, or convey the impression that
they depict, minors. See 18 U. S. C. 2256( 8)( B),( D). As a result of
this ruling, the government has an affirmative burden to prove, as an
element of its case, that the images were produced using real children.
According to DOJ, where a defendant claims that technology currently
exists to create computer- generated images that appear to depict real
children, it is more challenging for the government to meet its burden of
proof. DOJ states that one manner of meeting that burden is to identify
the child depicted in the image, which may be facilitated through the
Victim Identification Program. National Center for
Missing and Exploited Children
Page 10 GAO- 03- 272 Combating Child Pornography
Figure 2: NCMEC*s Exploited Child Unit
a In May 1999, the Office of the Attorney General published a proposed
rule that designated the FBI and the U. S. Customs Service as the law
enforcement agencies that are to receive reports under the Protection of
Children from Sexual Predators Act. 64 Fed. Reg. 28422, 28424 (1999). The
proposed rule has not been finalized.
Officials from key federal agencies that we interviewed said that they see
no significant impediments to federal coordination of efforts to combat
child pornography. Specifically, officials from federal law enforcement
agencies, namely, the FBI, U. S. Customs Service, and the Postal
Inspection Service, said that mechanisms currently in place to coordinate
federal efforts were effective. 9 Additionally, representatives from
remote computing and electronic communication service providers reported
that there were no significant problems with coordination among federal
law enforcement agencies. These entities report that duplication of
subpoenas in support of child pornography investigations by federal law
enforcement agencies is rare.
9 The Secret Service deferred to the views of federal agencies with
primary jurisdiction over child pornography- related investigations.
Opportunity Exists to
Further Enhance Coordination
ECU
1 Program manager 1 Project manager 2 Senior analysts 9 Staff analysts 1
ICAC Task Force
Coordinator 1 ECU Director
FBI FBI a Incoming child
pornography tips Analysis of
tips Information from
CyberTipline
1 Postal Inspector 1 Secret Service
analyst 2 Customs agents a 3 FBI analysts a 1 FBI agent a
Other analysts NCMEC's staff
Information from
CyberTipline II
(Tips from the general public can be analyzed by all analysts.)
(Tips from remote computing or electronic communications service providers
can be accessed directly by agencies designated by the Attorney General.)
Processing of tips
Postal Inspection Service Customs
Customs a Secret Service
Potential leads from CyberTipline
Potential leads from CyberTipline II
Law enforcement agencies with access
ICAC or state and/ or local authority
Source: GAO- generated based on information provided by NCMEC, DOJ,
Customs Service, Secret Service, and Postal Service.
Page 11 GAO- 03- 272 Combating Child Pornography
Although we found no significant impediments to federal law enforcement
efforts, an opportunity exists to further enhance coordination by
additional information sharing. Under the Protection of Children from
Sexual Predators Act of 1998, as amended, electronic communication service
or remote computing service providers must report suspected federal child
pornography crimes to NCMEC, which must then forward such reports to a law
enforcement agency or agencies designated by the Attorney General. 10 As
previously noted, the Attorney General published a proposed rule that
designated the FBI and the U. S. Customs Service as the law enforcement
agencies that are to receive reports under the act. NCMEC has informed us
that it only allows these two agencies access to these reports or *tips.*
NCMEC does not grant the Postal Inspection Service or the Secret Service
access to these tips. 11 Officials from federal law enforcement agencies
we spoke with, as well as officials from NCMEC and some of the leading
electronic communication service providers, said that access to these tips
should be expanded to include the U. S. Postal Inspection Service and the
U. S. Secret Service because some of the tips may involve the U. S. mail
or require forensic investigative efforts that could best be provided by
the U. S. Postal Inspection Service or the U. S. Secret Service.
Although no significant impediments to coordination were found and
agencies generally view current mechanisms as effective, the lack of
access to remote computing and electronic communication service providers*
tips by the Postal Inspection Service and Secret Service may limit the
ability of these agencies to pursue leads or coordinate efforts with other
law enforcement agencies. Currently, the Attorney General*s proposed rule,
while not finalized, has only designated the FBI and Customs as agencies
that are to receive such information. As a result, NCMEC does not grant
access to the Postal Inspection Service or the Secret Service. Without
this designation, all of the federal law enforcement agencies involved in
combating child pornography will not have access to information that could
enable them to avoid future duplication of efforts.
10 42 U. S. C. 13032( b)( 1). 11 In addition, the statute prohibits
designated agencies from disclosing the tips unless a statutory exception
applies. Among other things, designated agencies may not share tips with
personnel from other agencies unless an attorney for the government
determines that such information sharing is necessary to assist the
attorney in enforcing federal criminal law. Id. 13032( f)( 1)( C). Tips
that may relate to state crimes may not be shared with state or local
officials absent a court order. Id. 13032( f)( 1)( D). Conclusions
Page 12 GAO- 03- 272 Combating Child Pornography
To further enhance the coordination of the various law enforcement
agencies* efforts to combat child pornography, we recommend that the
Attorney General designate the Postal Inspection Service and Secret
Service as agencies that should receive reports of child pornography under
the Protection of Children from Sexual Predators Act of 1998 in addition
to FBI and Customs.
We requested comments on a draft of this report from the Attorney General,
Secretary of the Treasury, and the Chief of the Postal Inspection Service.
Officials from the Customs Service, U. S. Postal Inspection Service, and
Secret Service generally agreed with the report*s findings and supported
our recommendation. The Department of Justice, while agreeing with our
finding that federal agencies have mechanisms in place to coordinate their
efforts, did not fully support our conclusion and recommendation that
providing the Postal Inspection Service and Secret Service direct access
to tips reported to NCMEC by remote computing service and electronic
communication service providers would further enhance federal coordination
efforts. DOJ said that FBI and Customs, the agencies that currently have
direct access, can and do share these tips with Secret Service and Postal
Inspection Service, as appropriate, and DOJ believes this coordination has
been effective. DOJ questions whether coordination will be further
enhanced by adding Secret Service and the Postal Inspection Service as
agencies designated to receive access to these tips directly from NCMEC;
however, DOJ said that it is studying this issue as it finalizes
regulations implementing the statute.
We recognize that the Protection of Children from Sexual Predators Act
allows designated agencies to share tips with other government personnel
if an attorney for the government determines that such informationsharing
is necessary to assist the attorney in enforcing federal criminal law and
that the Postal Inspection Service and Secret Service may be able to
obtain indirect access to tips reported by remote computing service and
electronic communication service providers in this manner. 12 Although DOJ
questions whether the Postal Inspection Service and Secret Service,
therefore, need direct access, we fail to see how indirect access fully
facilitates law enforcement efforts. Because we believe that the Postal
Inspection Service and Secret Service, which continue to be actively
involved in child pornography investigations, should have direct access to
12 See 42 U. S. C. 13032( f)( 1)( C). Recommendation for
Executive Action Agency Comments and Our Evaluation
Page 13 GAO- 03- 272 Combating Child Pornography
such tips to better enable them to (1) pursue leads or coordinate efforts
with other law enforcement agencies that may require their expertise and
(2) avoid possible duplication, we did not modify or delete our
recommendation.
DOJ also said that our report does not address the impact that current
statutory restrictions have on the sharing of these tips with federally
funded Internet Crimes Against Children task forces that involve state and
local law enforcement officers. The Protection of Children from Sexual
Predators Act prohibits federal law enforcement agencies from sharing tips
reported to NCMEC by remote computing and electronic communication service
providers concerning possible state crimes with state or local officials
absent a court order. 13 Concerning DOJ*s suggestion that we address the
impact of this statutory prohibition on sharing tips with state and local
ICAC task forces, it should be pointed out that a review of the quality or
enhancement of federal- to- state law enforcement coordination efforts was
outside the scope of our review. Our scope was limited to a review of
federal- to- federal law enforcement agencies* coordination mechanisms.
Copies of this report are being sent to the Attorney General, Director of
the FBI, the Secretary of the Treasury, U. S. Postal Service, and other
interested parties. We will also make copies available to others upon
request. In addition, the report will be available at no charge on the GAO
Web site at http:// www. gao. gov.
13 See Id. 13032( f)( 1)( D).
Page 14 GAO- 03- 272 Combating Child Pornography
If you or your staff have any questions about this report, please contact
Charles Michael Johnson or me at (202) 512- 8777 or at johnsoncm@ gao. gov
or ekstrandl@ gao. gov. Key contributors to this report are acknowledged
in appendix IV.
Sincerely yours, Laurie E. Ekstrand Director, Justice Issues
Appendix I: Objectives, Scope, and Methodology
Page 15 GAO- 03- 272 Combating Child Pornography
Our overall objective for this review was to assess the coordination
efforts of federal agencies to combat child pornography. Specifically, we
focused on (1) identifying mechanisms federal agencies have in place to
coordinate their efforts to combat child pornography and (2) determining
whether opportunities exist to enhance coordination among federal law
enforcement agencies. We limited our scope to the domestic efforts of key
federal law enforcement agencies involved in combating child pornography.
We interviewed officials from various components of the Department of
Justice (DOJ). Specifically, we interviewed officials from the Crimes
Against Children Unit of the Federal Bureau of Investigation (FBI); the
Child Exploitation and Obscenity Section (CEOS) within DOJ*s criminal
division; as well as officials from the Office of Juvenile Justice and
Delinquency Prevention (OJJDP), which funds the Internet Crimes Against
Children (ICAC) Program. We also interviewed officials from the Executive
Office for United States Attorneys (EOUSA). To obtain information on the
Department of the Treasury*s efforts to combat child pornography, we
interviewed officials from the U. S. Customs Service*s CyberSmuggling
Investigations Center, Child Exploitation Unit, and the Secret Service. To
obtain information on the U. S. Postal Service*s efforts to combat child
pornography, we interviewed officials from the Postal Inspection Service
and the Postal Inspection Service*s Washington Metro Child Exploitation
Unit. In addition, we interviewed officials from the National Center for
Missing and Exploited Children (NCMEC) and officials and representatives
from the following providers of electronic communications services:
America Online, Microsoft, and Yahoo and an antichild pornography watchdog
group, Wired Patrol, to obtain their views on the effectiveness of federal
coordination efforts.
We collected budgetary, resource allocation, and caseload data from each
of the key federal agencies involved in efforts to combat child
pornography. Also during our review, we reviewed congressional
testimonies, statutes, and the history of child pornography cases
involving multiple federal agencies.
We conducted our work between May and October 2002 in accordance with
generally accepted government auditing standards. Appendix I: Objectives,
Scope, and
Methodology
Appendix II: Key Federal Agencies and Federally Funded Entities Involved
in Combating Child Pornography
Page 16 GAO- 03- 272 Combating Child Pornography
The Federal Bureau of Investigation (FBI) investigates various crimes
against children, including federal child pornography crimes involving
interstate or foreign commerce. 1 For example, FBI investigates violations
of federal statutes generally relating to
producing child pornography; permitting a minor within one*s custody
or control to be used in child
pornography; selling or buying children for use in child pornography;
and transporting, shipping, receiving, or distributing child pornography
by any
means, including by computer. As shown in figures 3 and 4, the amount of
human and fiscal resources the FBI has allocated to combating child
exploitation increased steadily from fiscal year 1998 to fiscal year 2002.
2
1 Federal child pornography crimes are set forth at 18 U. S. C. 2251,
2251A, 2252, 2252A, and 2260. 2 The FBI is unable to provide us with the
number of personnel assigned or funds obligated to combating child
pornography from the larger category of child exploitation. Appendix II:
Key Federal Agencies and
Federally Funded Entities Involved in Combating Child Pornography
U. S. Department of Justice
Federal Bureau of Investigation
Appendix II: Key Federal Agencies and Federally Funded Entities Involved
in Combating Child Pornography
Page 17 GAO- 03- 272 Combating Child Pornography
Figure 3: FBI Personnel Dedicated for Combating Child Exploitation
Note: Represents agents from FBI*s Crimes Against Children and Innocent
Images National Initiative units.
Figure 4: FBI Funds Obligated for Combating Child Exploitation
Note: Represents funds obligated by FBI*s Innocent Images National
Initiative unit.
Fiscal year 0 50
100 150
200 250
2002 2001 2000 1999 1998
228 214 200
161 115
Source: FBI.
Number of personnel Fiscal year 0
5 10
15 20
25 30
35 40
2002 2001 2000 1999 1998
38.2 23.7 15.6 12.7
6.2 Source: FBI.
Dollars in millions
Appendix II: Key Federal Agencies and Federally Funded Entities Involved
in Combating Child Pornography
Page 18 GAO- 03- 272 Combating Child Pornography
The Office of Crimes Against Children became operational in March 1997
within the Violent Crime and Major Offenders Section, Criminal
Investigations Division, of the FBI. The Office expanded into the Crimes
Against Children Unit in January 2000 in response to an increased
awareness and nationwide growth of crimes against children. The unit*s
mission is to provide a quick, effective response to reported incidents of
crimes against children thereby increasing the number of victims rescued
and reducing the number of crimes in which children are victimized. The
unit*s program strategy is implemented through multidisciplinary and
multiagency resource teams that, among other things, investigate and
prosecute crimes against children; facilitate interagency sharing of
intelligence information; and provide specialized skills and services.
The FBI established a nationwide initiative to combat the proliferation of
online child sexual exploitation. The Innocent Images National Initiative,
a component of the FBI*s Crimes Against Children Unit, is a proactive,
investigative initiative to combat the proliferation of child pornography/
child exploitation facilitated by computer. This initiative is composed of
agents working at regional offices nationwide and may involve agents from
any of the FBI*s 56 field office locations.
Innocent Images provides centralized coordination and analysis of case
information that is national and international in scope and requires
coordination with state, local, and international governments as well as
among FBI field offices and legal attaches. The mission of Innocent Images
is to
identify, investigate, and prosecute sexual predators who use the
Internet and online services to sexually exploit children;
establish a law enforcement presence on the Internet as a deterrent to
subjects that use the Internet to exploit children; and
identify and rescue witting and unwitting child victims. The Executive
Office of the United States Attorney (EOUSA) and the 94 United States
Attorney Offices (USAOs) have a multifaceted role in coordinating federal
law enforcement efforts to combat child pornography. Among other things,
EOUSA provides the 94 USAOs with guidance for coordinating child
exploitation- related cases with other components of the Department of
Justice as well as with other federal agencies. One function of EOUSA is
to oversee the designation of an Office of Crimes Against
Children Innocent Images National Initiative
EOUSA and U. S. Attorneys
Appendix II: Key Federal Agencies and Federally Funded Entities Involved
in Combating Child Pornography
Page 19 GAO- 03- 272 Combating Child Pornography
Assistant U. S. Attorney in each of the USAOs to work as a CEOS
Coordinator. These Assistant U. S. Attorneys are the main point of contact
within each USAO for guidance on child exploitation- related cases. They
also facilitate the exchange of information on pending cases that may have
multiple jurisdictional aspects to them. EOUSA also publishes and
maintains the United States Attorneys* manual, which provides internal
guidance to the U. S. Attorneys and others on, among other things,
investigating criminal matters and prosecuting cases. Attorneys in the 94
USAOs prosecute the majority of federal child pornography- related cases.
The exceptions would be certain multijurisdictional cases prosecuted by
the Child Exploitation and Obscenity Section (CEOS) or others that the
USAO would recuse itself from or refer to CEOS for prosecution.
CEOS is a unit within DOJ*s Criminal Division that specializes in the
prosecution of child sex offenses, trafficking of women and children for
sexual exploitation, and obscenity. Among other things, CEOS is primarily
responsible for the development of prosecution, policy, and legislative
initiatives in those areas. CEOS* professional staff consists of attorneys
and information technology specialists dedicated to combating the sexual
exploitation of children and obscenity.
Established in 1987, CEOS focuses on individuals who, in the context of
child exploitation,
possess, manufacture, produce, or distribute child pornography; travel
interstate or internationally to sexually abuse children, or cause
children to travel interstate or internationally for that same purpose;
use the Internet to lure children to engage in prohibited sexual conduct;
abuse children on federal and Indian lands; or traffic women and
children interstate or internationally to engage in
sexually explicit conduct. CEOS attorneys work closely with federal law
enforcement agencies and prosecutors on investigations, trials, and
appeals.
As shown in figures 5 and 6, the amount of fiscal and human resources at
CEOS dedicated to combating child exploitation, including resources
Criminal Division*s Child
Exploitation and Obscenity Section
Appendix II: Key Federal Agencies and Federally Funded Entities Involved
in Combating Child Pornography
Page 20 GAO- 03- 272 Combating Child Pornography
available to assist with and prosecute child pornography and
obscenityrelated cases, grew from fiscal year 1998 to fiscal year 2002. 3
Figure 5: CEOS Personnel Dedicated for Combating Child Exploitation and
Obscenity Offenses
3 CEOS was unable to separate out the number of personnel or funds
specifically obligated to combating child pornography from those directed
to combating child exploitation and obscenity offenses.
Fiscal year 0 5
10 15
20 25
30 2002 2001 2000 1999 1998
28 21 22 22 19
Source: DOJ's Child Exploitation and Obscenity Section. Number of
personnel
Appendix II: Key Federal Agencies and Federally Funded Entities Involved
in Combating Child Pornography
Page 21 GAO- 03- 272 Combating Child Pornography
Figure 6: CEOS Funds Obligated for Combating Federal Child Exploitation
and Obscenity Offenses
Created by the Department of Justice in 1998, the Internet Crimes Against
Children (ICAC) program, administered and funded through the OJJDP,
encourages communities nationwide to develop regional,
multijurisdictional, and multiagency responses to Internet crimes against
children. The program provides grants to state and local law enforcement
agencies to build regional task forces that address and combat
Internetrelated crimes against children. ICAC program grants are used to
ensure that investigators receive specialized training and technological
resources to combat Internet- related crimes. Additionally, ICAC task
forces have been established to serve as sources of prevention, education,
and forensic investigative assistance to those who work on Internet crimes
against children.
ICAC*s objectives include: Developing or expanding multiagency,
multijurisdictional task forces that
include representatives from law enforcement, prosecution, victim
services, and child protective services, among others. Office of Juvenile
Justice
and Delinquency Prevention
Fiscal year 0 1
2 3
4 5
2002 2001 2000 1999 1998
4.388 3.423 3.219 3.260
2.197 Source: DOJ's Child Exploitation and Obscenity Section. Dollars in
millions
Appendix II: Key Federal Agencies and Federally Funded Entities Involved
in Combating Child Pornography
Page 22 GAO- 03- 272 Combating Child Pornography
Ensuring investigative capacity by properly equipping and training ICAC
taskforce investigators. Developing and maintaining case- management
systems to document
reported offenses and investigative results. Developing response
protocols or memorandums of understanding to
foster collaboration, information sharing, and service integration among
public and private organizations to protect children from being sexually
exploited.
A number of federal agencies are also involved in the ICAC Task Force
Program through membership on various task force units and through
participation on the ICAC Task Force Board. These partners include: DOJ*s
CEOS, FBI, EOUSA, Customs Service*s CyberSmuggling Center, and the Postal
Inspection Service.
Figure 7 provides information on OJJDP grants awarded to state and local
jurisdictions to fund ICAC task forces.
Figure 7: OJJDP Grants to ICAC Task Forces Fiscal year 0
1 2
3 4
5 6
7 2002 2001 2000 1999 1998
6.5 6.5 6
5 3
Source: DOJ's Office of Juvenile and Delinquency Prevention.
Dollars in millions
Appendix II: Key Federal Agencies and Federally Funded Entities Involved
in Combating Child Pornography
Page 23 GAO- 03- 272 Combating Child Pornography
Customs targets the illegal importation and trafficking of child
pornography and is the country*s front line of defense to combat the
illegal importation and proliferation of this material. The agency becomes
involved in cases with foreign links, primarily focusing on child
pornography that enters the United States from abroad.
Customs Service*s Office of Investigations established the CyberSmuggling
Investigations Center to more effectively focus Customs* resources on
Internet crimes. The center brings together all Customs* resources
dedicated to the investigation of international criminal activity
conducted on or facilitated by the Internet, including the sharing and
distribution of child pornography. The center also continually trains
personnel and upgrades their techniques to combat the diverse ways in
which offenders download, possess, and distribute child pornography. The
center acts as a clearinghouse and directs investigations to applicable
areas within the United States and foreign countries.
Through the CyberSmuggling Center, Customs acts as a first line of defense
against smuggling over *traditional* borders as well as smuggling
associated with the Internet. Customs maintains a reporting link to NCMEC,
a telephone reporting line, and acts on tips from callers reporting Web
sites, individual servers, or chat rooms trafficking in suspected child
pornography as well as instances of other related crimes. The center has
developed a national victim identification program of images for use by
law enforcement agencies in the investigation and prosecution of
individuals charged with child pornography- related crimes.
As shown in figures 8 and 9, Customs* staff hours devoted to combating
child exploitation increased from fiscal year 1998 to fiscal year 1999,
but declined thereafter. 4 An official from Customs explained that while
Customs* cases are now much more significant and complex in scope, its
investigators are more knowledgeable and technologically proficient, so it
generally takes less time to work an Internet case than it once did.
4 Customs is unable to separate the staff hours devoted or funds obligated
to combating child pornography from those dedicated to combating child
exploitation in general. U. S. Department of
Treasury U. S. Customs Service
Appendix II: Key Federal Agencies and Federally Funded Entities Involved
in Combating Child Pornography
Page 24 GAO- 03- 272 Combating Child Pornography
Furthermore, the events of September 11, 2001, caused a temporary shift in
Customs* resources to terrorism- related activities. Consequently, many
child pornography cases that Customs would ordinarily have investigated
were passed to state and local law enforcement for prosecution under state
pornography statutes. Fiscal resources also show a similar trend. This
same official told us that much of the funds expended in earlier years
were for initial infrastructure costs associated with developing Customs*
current technological capabilities, and costs in current years are for
upgrades or rotating replacement of equipment.
Figure 8: Hours Spent by Customs Agents on Child Exploitation
Investigations Fiscal year 0 50,000
100,000 150,000
200,000 2002 2001 2000 1999 1998
144,288 144,336 169,015
183,787 177,376 Source: U. S. Customs Service.
Number of hours
Appendix II: Key Federal Agencies and Federally Funded Entities Involved
in Combating Child Pornography
Page 25 GAO- 03- 272 Combating Child Pornography
Figure 9: Customs Estimated Child Exploitation Obligations
The Secret Service provides forensic and technical assistance in matters
involving missing and sexually exploited children through its Office of
Investigations. The Secret Service*s Forensic Investigative Response and
Support Team (FIRST) consists of a group of technical and forensic
experts, including agents from the Electronic Crimes Special Agent Program
(ECSAP), who are available to respond to requests from any law enforcement
agency within the United States to perform forensic and technical
examinations.
Forensic and technical services provided by the U. S. Secret Service
include, among others, access to the following:
The Forensic Information System for Handwriting database, which allows
material to be searched against previously recorded writings. FBI*s
Automated Fingerprint Identification System, a nationwide network
with access to the largest collection of automated fingerprint databases
in the United States. Polygraph examinations to help detect deception.
Visual information services, such as image enhancement, age progression
and regression, video and audio enhancement, and graphic and photographic
support. Crime scene, document, and other forensic examinations. U. S.
Secret Service
Fiscal year 0 5
10 15
20 2002 2001 2000 1999 1998
15.6 12.3 12.6 14.9
10.2 Source: U. S. Customs Service.
Dollars in millions
Appendix II: Key Federal Agencies and Federally Funded Entities Involved
in Combating Child Pornography
Page 26 GAO- 03- 272 Combating Child Pornography
Section 105 of the USA Patriot Act 5 requires the Secret Service to
develop a national network of electronic crime task forces to combat
various forms of electronic crimes. In response to this requirement, the
Secret Service has designated eight major metropolitan areas where assets
and resources are being directed to establish a network of regional
Electronic Crimes Task Forces. The regional task forces work directly with
other federal, state, and local law enforcement agencies in the area of
child pornography as well as other electronic crimes.
Since fiscal year 1997, the Secret Service, through its Investigative
Services Division and Forensic Services Division, has overseen and
administered grants to NCMEC*s Exploited Child Unit. However, since fiscal
year 2002, all Secret Service- related grant activities associated with
NCMEC have been consolidated into the Forensic Services Division.
The Secret Service has four full- time personnel assigned to NCMEC. They
include one Special Agent, who is a coordinator of the program, and three
analysts, one of which is assigned to the Exploited Child Unit.
The Postal Inspection Service is the federal law enforcement arm of the U.
S. Postal Service that is responsible for investigating crimes involving
the U. S. mail, including child pornography and child sexual exploitation
offenses. Postal Inspectors, specially trained to conduct child
exploitation investigations, are assigned to each of its field divisions
nationwide.
The use of mail to traffic in child pornography, or to sexually exploit
children, continues to be a significant societal problem, according to
Postal officials. The exchange of child pornography by mail is now often
preceded by use of the Internet to communicate with like- minded
individuals or to locate sources of child pornography. Over the past
several years, there has been an increase in the number of unlawful
computer transmissions and ads for child pornography on the Internet,
which occur hand- in- hand with the trafficking of child pornography
videotapes and computer disks through the mail.
5 P. L. 107- 56 (Oct. 26, 2001). U. S. Postal Service
U. S. Postal Inspection Service
Appendix II: Key Federal Agencies and Federally Funded Entities Involved
in Combating Child Pornography
Page 27 GAO- 03- 272 Combating Child Pornography
The objective of the child exploitation program is to reduce and deter the
use of the postal system for the procurement or delivery of materials that
promote the sexual exploitation of children. In carrying out its mission,
the Postal Inspection Service works with DOJ, FBI, Customs Service, NCMEC,
and other national and international law enforcement agencies.
As shown in figures 10 and 11, the number of Postal Inspectors dedicated
to combating child exploitation, including child pornography, has
increased steadily from fiscal years 1998 to 2001. However, the overall
budget for combating these crimes dropped in fiscal year 2002. 6 A Postal
Inspection Service official explained that as a result of the terrorist
attack on September 11, 2001, and recent anthrax investigations, resources
were diverted.
Figure 10: Postal Inspectors Assigned to Child Exploitation Investigations
6 Postal Service was unable to provide us with the number of inspectors
assigned to child pornography or the specific funds obligated to combat
this crime from the larger category of child exploitation.
Fiscal year 0 10
20 30
40 50
2002 2001 2000 1999 1998
50 50 44
34 33 Source: Postal Inspection Service.
Number of postal inspectors
Appendix II: Key Federal Agencies and Federally Funded Entities Involved
in Combating Child Pornography
Page 28 GAO- 03- 272 Combating Child Pornography
Figure 11: Postal Inspection Service Funds Obligated for Combating Child
Exploitation
The Federal Agency Task Force on Missing and Exploited Children was
created to improve the federal response to missing and exploited children.
The task force serves as an advocate for child victims and their families,
coordinates federal resources and services, and fosters increased
cooperation and communication among federal agencies. The task force
includes representatives from 16 federal agencies and 1 private agency,
including representatives from the following DOJ offices: CEOS, EOUSA,
FBI, Office for Victims of Crime, OJJDP*s Child Protection Division,
Immigration and Naturalization Service, and National Central Bureau
(Interpol); Department of Treasury*s Custom Service and Secret Service,
Forensic Services Division; Department of State*s Office of Children*s
Issues; Department of Health and Human Services* Family and Youth Service
Bureau and Children*s Bureau/ Office on Child Abuse and Neglect; the U. S.
Postal Service, Department of Defense*s Family Advocacy Program Legal
Assistance Offices; Department of Education*s Office of Elementary and
Secondary Education and Secondary Education/ Safe Schools Program; and
NCMEC. Federal Agency Task
Force on Missing and Exploited Children
0 0.5
1 1.5
2 2.5
3 3.5
4 2002 2001 2000 1999 1998
3.52 4.00
3.58 2.75 2.62
Fiscal year
Source: Postal Inspection Service.
Dollars in millions
Appendix II: Key Federal Agencies and Federally Funded Entities Involved
in Combating Child Pornography
Page 29 GAO- 03- 272 Combating Child Pornography
NCMEC is a private, nonprofit organization that serves as the nation*s
resource center for child protection. NCMEC*s mission is to assist in the
location and recovery of missing children and to prevent the abduction,
molestation, sexual exploitation, and victimization of children. NCMEC
operates under a congressional mandate through OJJDP funding. 7
In addition, NCMEC operates its Exploited Child Unit through a separate
cooperative agreement between Treasury and NCMEC for the establishment of
this unit.
NCMEC maintains a 24- hour, toll- free tipline for leads from individuals
reporting the sexual exploitation of children and information on the
possession, manufacture, and/ or distribution of child pornography. NCMEC
also maintains the CyberTipline to receive statutorily required tips on
child pornography from remote computing service and electronic
communication service providers, such as America Online, Microsoft, and
Yahoo. 8 NCMEC*s case analysts assess and track leads, identify patterns
among cases, help coordinate investigations, and make such information
available to the designated law enforcement agencies. The FBI, Customs
Service, Postal Inspection Service, and Secret Service have employees
assigned directly to NCMEC.
7 The Missing Children*s Assistance Act of 1984, as amended, directs OJJDP
to make an annual grant to NCMEC to carry out various responsibilities
related to missing and exploited children. In general, these
responsibilities include operating a 24- hour, toll- free tip line to
receive tips about missing children; serving as the official national
resource center and information clearinghouse for missing and exploited
children; coordinating public and private programs to locate missing
children; providing technical assistance and training; and providing a
variety of information and assistance services. See 42 U. S. C. 5773( b)(
1).
8 See 42 U. S. C. 13032( b). National Center for
Missing and Exploited Children
Appendix II: Key Federal Agencies and Federally Funded Entities Involved
in Combating Child Pornography
Page 30 GAO- 03- 272 Combating Child Pornography
NCMEC also offers technical assistance, training, and consultation to law
enforcement agencies. NCMEC has developed specialized training programs,
materials, and curriculum designed for law- enforcement personnel. In
addition, NCMEC provides extensive referrals serving as a source of
contact for statewide, national, and global investigations.
Appendix III: Federal Law Enforcement Agencies Child Pornography- Related
Caseload
Page 31 GAO- 03- 272 Combating Child Pornography
In addition to the increases in the number of child pornography cases
prosecuted from fiscal years 1998 through 2002, the investigative caseload
of key federal law enforcement agencies has generally increased above
fiscal year 1998 levels. Figures 12 through 16 provide caseload trend data
from fiscal years 1998 through 2002.
An FBI official said that the best method by which to measure its activity
was the number of child exploitation- related cases opened. 1 Figure 12
shows the increase in the number of cases the FBI opened over the past 5
years.
Figure 12: Child Exploitation Cases Opened by the FBI
Note: Represents cases opened by FBI*s Crimes Against Children and
Innocent Images National Initiative units.
Customs and Postal Inspection Service both record arrest data to indicate
the results of their level of effort in combating child pornography. As
1 FBI was unable to provide us with the number of child pornography cases
opened from their larger category of child exploitation cases. Appendix
III: Federal Law Enforcement
Agencies Child Pornography- Related Caseload
0 500
1,000 1,500
2,000 2,500
3,000 2002 2001 2000 1999 1998
2,850 2,360 2,552 2,570
1,864
Fiscal year
Source: FBI.
Number of cases
Appendix III: Federal Law Enforcement Agencies Child Pornography- Related
Caseload
Page 32 GAO- 03- 272 Combating Child Pornography
shown in figure 13, the number of Custom Service child exploitationrelated
arrests has decreased since fiscal year 1998. 2
Figure 13: Customs Arrests for Child Exploitation
Customs officials report that the decreasing number of arrests are a
result of changes in strategy for combating child pornography cases.
Customs officials said that the agency has shifted to focusing on cases
that are more complex and larger in scope, thus their overall number of
arrests has dropped. The more straightforward cases are turned over to
state and local law enforcement agencies and ICACs, according to Customs
officials.
As shown in figure 14, the number of Postal Service arrests has increased
over fiscal year 1998 levels.
2 Customs was unable to separate arrests for child pornography from the
larger number of arrests for child exploitation in general.
0 50
100 150
200 250
2002 2001 2000 1999 1998
191 194 198 226 224
Fiscal year
Source: U. S. Customs Service.
Number of arrests
Appendix III: Federal Law Enforcement Agencies Child Pornography- Related
Caseload
Page 33 GAO- 03- 272 Combating Child Pornography
Figure 14: Postal Inspection Service Arrests for Child Pornography
The Postal Inspection Service reported that, due to the difficulty of
defining what constitutes an *investigation,* it does not maintain at
headquarters, the number of investigations conducted by field personnel.
An official explained that an investigation could be interpreted as simply
following up on a piece of information provided to child exploitation
specialists about a potential suspect where the end result is determined
to be noncredible. The difficulty is determining when following up on a
tip becomes a *case.*
U. S. Postal officials also said that an arrest might not be unique to one
agency. In some instances, such as in large or multijurisdictional cases
where more than one law enforcement agency is involved, arrests may be
credited to more than one agency. This occurs when more than one law
enforcement agency makes a meaningful and significant contribution to a
particular case.
As shown in figures 15 and 16, the number of Secret Service tips processed
increased over fiscal year 1998 levels, and the number of investigations
opened increased significantly in fiscal year 2002.
0 50
100 150
200 250
300 350
2002 2001 2000 1999 1998
249 332
257 160 167
Fiscal year
Source: U. S. Postal Inspection Service.
Number of arrests
Appendix III: Federal Law Enforcement Agencies Child Pornography- Related
Caseload
Page 34 GAO- 03- 272 Combating Child Pornography
Figure 15: Secret Service Cyber Tips Processed Figure 16: Secret Service
Field Office Child Pornography Investigative Caseload
0 500
1,000 1,500
2,000 2002 2001 2000 1999 1998
1,250 1,631
1,878 922 886
Fiscal year
Source: U. S. Secret Service.
Number of tips processed 0 50
100 150
200 2002 2001 2000 1999 1998
163 43 16 13 5
Fiscal year
Source: U. S. Secret Service.
Number of cases
Appendix IV: GAO Contacts and Staff Acknowledgments
Page 35 GAO- 03- 272 Combating Child Pornography
Laurie E. Ekstrand (202) 512- 2758 Charles Michael Johnson (202) 512- 7331
Nancy A. Briggs, Robert J. Rivas, Mona Nichols, Christine F. Davis, Anne
E. Laffoon, and Orlando R. Boston made key contributions to this report.
Appendix IV: GAO Contacts and Staff
Acknowledgments GAO Contacts Staff Acknowledgments
(440127)
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