S. 1738 would establish a Special Counsel for Child Exploitation Prevention and Interdiction within the Office of the Deputy Attorney General, to improve the Internet Crimes Against Children Task Force, to increase resources for regional computer forensic labs, and to make other improvements to increase the ability law enforcement agencies to investigate and prosecute predators.
Detailed Summary
Combating Child Exploitation Act of 2008 - <b>Title I: National Strategy for Child Exploitation Prevention and Interdiction</b> - (Sec. 101) Directs the Attorney General to create and implement a National Strategy for Child Exploitation Prevention and Interdiction (National Strategy). Sets forth the required content of such National Strategy, including: (1) comprehensive long-range goals for reducing child exploitation; (2) annual budget priorities and federal efforts for combating child exploitation; (3) a five-year projection for program and budget goals and priorities; (4) a review of the policies and work of the Department of Justice (DOJ) related to child exploitation crimes; (5) a description of DOJ efforts to coordinate with international, state, local, and tribal law enforcement and private entities on child exploitation prevention and interdiction efforts; (6) a review of ICAC Task Force Programs; (7) plans for reducing the backlog of forensic analysis for child exploitation cases; (8) a review of federal programs for child exploitation prevention and education; (9) plans for liaisons with the judiciary on matters relating to child exploitation; and (10) a review of statistical data indicating the overall magnitude of U.S. and international child pornography trafficking.
Requires the Attorney General to designate a DOJ senior official to coordinate and develop the National Strategy.
(Sec. 102) Establishes within DOJ a National Internet Crimes Against Children (ICAC) Task Force Program consisting of state and local task forces (including at least one ICAC Task Force for each state) to address online enticement of children, child exploitation, and child obscenity and pornography.
(Sec. 103) Sets forth the purposes of the ICAC Task Force Program, including: (1) increasing the investigative capabilities of state and local law enforcement officers in the detection and investigation of child exploitation crimes facilitated by the Internet and the apprehension of offenders; (2) providing training and technical assistance to ICAC task forces and other federal, state, and local law enforcement agencies; (3) increasing the number of Internet crimes against children offenses to be investigated and prosecuted; (4) enhancing the nationwide response to Internet crimes against children offenses; and (5) developing and delivering Internet crimes against children public awareness and prevention programs.
(Sec. 104) Sets forth the duties and functions of state and local ICAC task forces relating to investigations, forensic examinations, and prosecutions of Internet crimes against children.
(Sec. 105) Directs the Attorney General to establish a National Internet Crimes Against Children Data System to assist the National ICAC Task Force Program and federal, state, local, and tribal agencies investigating and prosecuting child exploitation. Requires the Data System to develop and maintain a technology and training program to provide: (1) a secure system of online communications between ICAC task forces and federal, state, and local law enforcement agencies regarding ongoing investigations; (2) a secure online system for resolving case conflicts; (3) a secure data storage and analysis system; and (4) guidelines and technical assistance for the use of the Data System by federal, state, and local law enforcement agencies.
Directs the Attorney General to establish an ICAC Data System Steering Committee.
Authorizes appropriations for FY2009-FY2016.
(Sec. 106) Authorizes the Attorney General to award grants to state and local ICAC task forces. Sets forth criteria for the distribution of ICAC grants funds.
Requires state or local ICAC task forces receiving grants to submit annual reports to the Attorney General on the operations of such task forces.
Requires the Attorney General to report to Congress on: (1) the progress of ICAC task forces; and (2) the number of federal and state investigations, prosecutions, and convictions in the prior 12-month period related to child exploitation.
(Sec. 107) Authorizes appropriations for FY2009-FY2016.
<b>Title II: Additional Measures to Combat Child Exploitation </b>- Sec. 201) Requires the Attorney General to: (1) establish additional computer forensic capacity to address the current backlog for computer forensics, including for child exploitation investigations; and (2) report to Congress annually on the use of funds for such purpose. Authorizes appropriations for FY2009-FY2016.
(Sec. 202) Authorizes appropriations for FY2009-FY2016 for the hiring of additional Federal Bureau of Investigation (FBI) agents and personnel to work solely on child exploitation cases as part of the FBI's Innocent Images National Initiative.
(Sec. 203) Authorizes appropriations for FY2009-FY2016 for the hiring of additional full-time personnel in the Bureau of Immigration and Customs Enforcement and the U.S. Postal Service to work solely on child exploitation and obscenity cases.
<b>Title III: Effective Child Pornography Prosecution </b>- (Sec. 301) Amends the federal criminal code to expand the jurisdictional bases for prosecutions of crimes involving child exploitation, selling or buying of children, material involving sexual exploitation of minors or containing child pornography, and obscene visual representations of the sexual abuse of children.
(Sec. 302) Expands the crime of child sexual exploitation to prohibit the transmission of live images of child abuse.
(Sec. 303) Expands the definition of "visual depiction" for purposes of child exploitation crimes to include data capable of conversion into a visual image transmitted by any means.
(Sec. 305) Prohibits the alteration of a visual depiction of an identifiable minor child so that it depicts child pornography.
(Sec. 306) Allows a provider of electronic communication or remote computing services to voluntarily report apparent child pornography violations directly to a foreign law enforcement agency.
<b>Title IV: National Institute of Justice Study of Risk Factors</b> - Requires the National Institute of Justice, not later than one year after the enactment of this Act, to: (1) prepare a report on investigative factors that indicate whether a subject of an online child exploitation investigation poses a higher risk of harm to children; and (2) submit such report to the House and Senate Judiciary Committees. Authorizes appropriations.
Status of the Legislation
Latest Major Action: 7/7/2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 862.
Points in Favor
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Points Against
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Visitor Comments
Jennifer Ferreira
What I would like to see is the federal government funding for Acts such as these go to the prevention of cyber crime, by way of cracking down on the purveyors of child pornography, and by focusing on the Internet itself as means of preventing the exploitation of children, by taking child pornography off the Internet and going after those who commit atrocious acts on a child for profit.
I would like to see the federal government focus on the disruption of the child pornography industry by finding and punishing those directly involved with the abuse of children for profit, such as those who rape and molest, those who photograph and film the act, and those who put the images and videos on pay-for-access websites for financial gain, and less on those who solely view child pornography in their own home.
Jennifer Ferreira
There appears to be a problem in this country of access to these horrible images and videos, as they are easily come by on the Internet, whether free or by paid access.
There is no hard evidence to suggest or prove that all viewers of child pornography are child molesters, or intend to harm children. There is more evidence to suggest that those who view child pornography do so because of a pornography addiction, and access the images during the course of their addiction because they are available so readily.
Jennifer Ferreira
I believe that if such things were not easily available on the Internet, there would not be so many cases of possession of possession and viewing of child pornography, and there would be little or no demand. Therefore, the focus needs to be put on prevention of Internet child pornography by going after those who commit the crimes against children by physical means in order to satisfy their own sexual or financial needs.
Jennifer Ferreira
While I understand that viewing and possessing fuels the child pornography industry, the crime of viewing child pornography with no instance of child abuse on the part of the viewer is punished to an extreme in this country, with long prison sentences, fines and further restrictions as sex offenders after prison, when rehabilitative counseling and treatment is more effective and should be priority.
Jennifer Ferreira
I would like to see the federal government focus on educating parents and children about Internet safety and the importance of monitoring children's online activities to prevent potential predators from contacting and harming innocent children, rather than entrapping those who are deemed potential predators in online stings. When presented with an opportunity, there are many who would cautiously engage in sexually oriented conversations with a minor child when they otherwise would not.
Jennifer Ferreira
Parents should monitor their children's online activities and be aware of who they are speaking to and what the conversations consist of, in order to report men and women who are truly predators seeking victims aggressively on line. I am urging Congress to fund Acts that would catch true predators.
I am asking Congress to fund Acts that would directly end the abuse of children, instead of finding and punishing those who have not been accused of or who have not been proven to have had direct contact with minors for the purpose of sexual exploitation.
Jennifer Ferreira
I am urging Congress to protect children all over the world by focusing directly on their abusers and those who profit from that abuse, instead of spending billions of dollars on finding and prosecuting the consumer, who is very often not guilty of actual physical abuse against a child.
I am asking Congress to consider the families and children of those who are convicted of possession of child pornography and of those who have been convicted of the online enticement of children who were convicted based on entrapment in stings to catch online predators, in cases where there has been no evidence to prove that the convicted have ever harmed a child, or have ever intended to.
JF
We bear the heavy burden of watching our loved ones go to prison, and then be further punished under Acts such as the Adam Walsh Act, etc. These Acts and laws have torn families apart, have caused burdens on those who have already been punished for their crime, and take the focus off those who are TRUE predators and a serious risk to society.
I urge Congress to focus on the perpetrators of physical child abuse, and fund Acts and laws that will focus on those that are truly guilty of an offense against a child, and the education of parents and children when it comes to cyber crime.
PLEASE GET THE FACTS
Rep. Wasserman Schultz's PROTECT Our Children Act passed overwhelmingly in the House in November 07. The Senate has obstructed passage of this important legislation.
Please become informed about this bill - here's must-see video of relevant congressional testimony.
http://www.house.gov/list/press/fl20_schultz/PROTECTmediapage.html
In particular, please watch the testimony of Waserman-Schultz, Weeks, Mueller, Waters, and Kozakiewicz.
Also visit http://protect.org/
Thanks