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Report to the Chairman and Ranking Minority Member, Committee on 

Government Reform, House of Representatives:



United States General Accounting Office:



GAO:



February 2003:



FILE-SHARING PROGRAMS:



Peer-to-Peer Networks Provide Ready Access to Child Pornography:



GAO Highlights:



Highlights of GAO-03-351, a report to the Chairman and Ranking Minority 

Member, Committee on Government Reform, House of Representatives.



FILE-SHARING PROGRAMS

Peer-to-Peer Networks Provide Ready Access to Child Pornography.



Why GAO Did This Study:



The availability of child pornography has dramatically increased in 

recent years as it has migrated from printed material to the World 

Wide Web, becoming accessible through Web sites, chat rooms, 
newsgroups, 

and now the increasingly popular peer-to-peer file-sharing programs. 

These programs enable direct communication between users, allowing 

users to access each other’s files and share digital music, images, and 

video. GAO was requested to determine 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 pornography, including 

child pornography; and the extent of federal law enforcement resources 

available for combating child pornography on peer-to-peer networks. 

Because child pornography cannot be accessed legally other than by law 

enforcement agencies, GAO worked with the Customs CyberSmuggling Center 

in performing searches: Customs downloaded and analyzed image files, 

and GAO performed analyses based on keywords and file names only. In 

commenting on a draft of this report, the Department of Justice agreed 

with the report’s findings and provided additional information.



What GAO Found:



Child pornography is easily found and downloaded from peer-to-peer 

networks. In one search using 12 keywords known to be associated with 

child pornography on the Internet, GAO identified 1,286 titles and file 

names, determining that 543 (about 42 percent) were associated with 

child pornography images. Of the remaining, 34 percent were classified 

as adult pornography and 24 percent as nonpornographic. In another 

search using three keywords, a Customs analyst downloaded 341 images, 

of which 149 (about 44 percent) contained child pornography (see the 

figure below). These results are in accord with increased reports of 

child pornography on peer-to-peer networks; since it began tracking 

these in 2001, the National Center for Missing and Exploited Children 

has seen a fourfold increase—from 156 in 2001 to 757 in 2002. Although 

the numbers are as yet small by comparison to those for other sources 

(26,759 reports of child pornography on Web sites in 2002), the 

increase is significant. Juvenile users of peer-to-peer networks are at 

significant risk of inadvertent exposure to pornography, including 

child pornography. Searches on innocuous keywords likely to be used by 

juveniles (such as names of cartoon characters or celebrities) produced 

a high proportion of pornographic images: in our searches, the 
retrieved 

images included adult pornography (34 percent), cartoon pornography (14 

percent), child erotica (7 percent), and child pornography (1 percent). 

While federal law enforcement agencies—including the FBI, Justice’s 

Child Exploitation and Obscenity Section, and Customs—are devoting 

resources to combating child exploitation and child pornography in 

general, these agencies do not track the resources dedicated to 

specific technologies used to access and download child pornography on 

the Internet. Therefore, GAO was unable to quantify the resources 

devoted to investigating cases on peer-to-peer networks. According to 

law enforcement officials, however, as tips concerning child 
pornography 

on peer-to-peer networks escalate, law enforcement resources are 

increasingly being focused on this area.



Classification of Images Downloaded through Peer-to-Peer File-Sharing 
Program.



[See PDF for Image]

[End of Figure]



Contents:



Letter:



Results in Brief:



Background:



Peer-to-Peer Applications Provide Easy Access to Child Pornography:



Juvenile Users of Peer-to-Peer Applications May Be Inadvertently 

Exposed to Pornography:



Federal Law Enforcement Agencies Are Beginning to Focus Resources on 

Child Pornography on Peer-to-Peer Networks:



Conclusions:



Agency Comments and Our Evaluation:



Appendix I: Objectives, Scope, and Methodology:



Appendix II: Description of File Sharing and Peer-to-Peer 

Networks:



Appendix III: Comments from the Department of Justice:



Glossary:



Tables:



Table 1: Internet Technologies Providing Access to Child Pornography:



Table 2: Organizations and Agencies Involved with Peer-to-Peer Child 

Pornography Efforts:



Table 3: NCMEC CyberTipline Referrals to Law Enforcement Agencies, 

Fiscal Years 1998-2002:



Figures:



Figure 1: Classification of 1,286 Titles and File Names of Images 

Identified in KaZaA Search:



Figure 2: Classification of 341 Images Downloaded through KaZaA:



Figure 3: Classification of 177 Images of a Popular Singer, Child 

Actors, and a Cartoon Character Downloaded through KaZaA:



Figure 4: Peer-to-Peer Models:



Figure 5: Topology of a Gnutella Network:



Abbreviations:



CEOS: Child Exploitation and Obscenity Section

FBI: Federal Bureau of Investigation 

IRC: Internet Relay Chat

MP3: Moving Pictures Experts Group (MPEG) MPEG-1 Audio 

 Layer-3

NCMEC: National Center for Missing and Exploited Children 

NCVIP: National Child Victim Identification Program

NRC: National Research Council

P2P: peer to peer

URL: Uniform Resource Locator

VNS: virtual name space:



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[End of section]



February 20, 2003:



The Honorable Tom Davis

Chairman

The Honorable Henry A. Waxman

Ranking Minority Member

Committee on Government Reform

House of Representatives:



The availability of child pornography has dramatically increased in 

recent years as it has migrated from magazines, photographs, and videos 

to the World Wide Web. The Internet’s wide range of information search 

and retrieval technologies, which make it possible to quickly find a 

vast array of information, also make it easy to access, disseminate, 

and trade pornographic images and videos, including child pornography. 

Increasingly, child pornography is accessible through Web sites, chat 

rooms, newsgroups, and the increasingly popular peer-to-peer 

technology, which allows direct communication between computer users, 

so that they can access and share each other’s files (including images, 

video, and software).



As requested, our objectives were to determine (1) the ease of access 

to child pornography on peer-to-peer networks; (2) the risk of 

inadvertent exposure of juvenile users of peer-to-peer networks to 

pornography, including child pornography; and (3) the extent of federal 

law enforcement resources available for combating child pornography on 

peer-to-peer networks.



To address the first two objectives, we were assisted by the U.S. 

Customs CyberSmuggling Center in using a peer-to-peer application to 

search for image files matching keywords that were intended to identify 

pornography and child pornography images or that might accidentally 

identify pornographic images. The resulting files were downloaded, 

saved, analyzed, and classified by a U.S. Customs CyberSmuggling 

agent.[Footnote 1] To determine what federal law enforcement resources 

are allocated to combating child pornography on peer-to-peer networks, 

we analyzed resource allocation data at the Federal Bureau of 

Investigation and the Child Exploitation and Obscenity Section within 

the Department of Justice, and at the U.S. Customs Service and U.S. 

Secret Service within the Department of the Treasury. We also received 

documentation about what resources were being allocated to combat child 

pornography from the National Center for Missing and Exploited 

Children, a federally funded nonprofit organization that serves as a 

national resource center for information related to crimes against 

children.



Appendix I contains a more detailed discussion of our objectives, 

scope, and methodology. Appendix II provides more information on the 

characteristics and use of peer-to-peer file-sharing programs.



Results in Brief:



Child pornography is easily accessed and downloaded from peer-to-peer 

networks. Using KaZaA, a popular peer-to-peer file-sharing program, we 

used 12 keywords known to be associated with child pornography on the 

Internet to search for child pornography image files. We identified 

1,286 items, each with a title and file name, determining that 543 

(about 42 percent) were associated with child pornography images. Of 

the remaining, 34 percent were classified as adult pornography and 24 

percent as nonpornographic. In another search using three keywords, the 

Customs CyberSmuggling Center also used KaZaA to search for and 

download child pornography image files.[Footnote 2] This search 

identified 341 image files, of which 149 (about 44 percent) were 

classified as child pornography.[Footnote 3] The remaining images were 

classified as child erotica[Footnote 4] (13 percent), adult pornography 

(29 percent), or other (nonpornographic) images (14 percent). These 

results are consistent with observations of the National Center for 

Missing and Exploited Children, which has stated that peer-to-peer 

technology is increasingly popular for the dissemination of child 

pornography. Although peer-to-peer networks are currently not the most 

prominent source for child pornography, law enforcement agencies have 

noted a significant increase in their use for this purpose. Since 2001, 

when the center began to track peer-to-peer child pornography, peer-to-

peer reports have increased more than fourfold--from 156 in 2001 to 757 

in 2002.



When searching and downloading images on peer-to-peer networks, 

juvenile users face a significant risk of inadvertent exposure to 

pornography, including child pornography. Searches on innocuous 

keywords likely to be used by juveniles produce images of which a high 

proportion are pornographic: in our searches, the retrieved images 

included adult pornography (34 percent), cartoon pornography[Footnote 

5] (14 percent), child erotica (7 percent), and child pornography (1 

percent).



We were unable to determine the precise extent of federal law 

enforcement resources available for combating child pornography on 

peer-to-peer networks. While several law enforcement agencies--

including the Federal Bureau of Investigation, Justice’s Child 

Exploitation and Obscenity Section, and Customs--devote resources to 

combating child exploitation and child pornography in general, they do 

not track the resources dedicated to specific technologies used to 

access and download child pornography on the Internet. Therefore, we 

were unable to quantify the resources devoted to investigations of 

peer-to-peer networking. Law enforcement officials told us, however, 

that as they receive larger numbers of tips concerning child 

pornography on peer-to-peer networks, they are focusing more law 

enforcement resources in this area.



In commenting on a draft of this report, the Department of Justice 

agreed with the report’s findings and provided some additional 

information; Justice’s comments are reprinted in appendix III. We also 

received technical comments from the U.S. Secret Service and the U.S. 

Customs Service. Their comments have been incorporated in the report as 

appropriate.



Background:



Federal statutes provide for civil and criminal penalties for the 

production, advertising, possession, receipt, distribution, and sale of 

child pornography[Footnote 6]. Of particular relevance to this report, 

the child pornography statutes prohibit the use of any means of 

interstate or foreign commerce (which will typically include the use of 

an interactive computer service) to sell, advertise, distribute, 

receive, or possess child pornography. Additionally, federal obscenity 

statutes prohibit the use of any means of interstate or foreign 

commerce or an interactive computer service to import, transport, or 

distribute obscene material or to transfer obscene material to persons 

under the age of 1[Footnote 7]6.:



Child pornography is defined by statute as the visual depiction of a 

minor--a person under 18 years of age--engaged in sexually explicit 

conduct.[Footnote 8] By contrast, for material to be defined as obscene 

depends on whether an average person, applying contemporary community 

standards, would interpret the work--including images--to appeal to the 

prurient interest and to be patently offensive, and whether a 

reasonable person would find the material lacks serious literary, 

artistic, political, or scientific value.[Footnote 9]



In addition to making it a crime to transport, receive, sell, 

distribute, advertise, or possess child pornography in interstate or 

foreign commerce, federal child pornography statutes prohibit, among 

other things, the use of a minor in producing pornography, and they 

provide for criminal and civil forfeiture of real and personal property 

used in making child pornography and of the profits of child 

pornography.[Footnote 10] Child pornography, which is intrinsically 

related to the sexual abuse of children, is unprotected by the First 

Amendment.[Footnote 11] Nor does the First Amendment protect the 

production, distribution, or transfer of obscene material.[Footnote 12]



In enacting the Child Pornography Prevention Act of 1996,[Footnote 13] 

Congress sought to expand the federal prohibition against child 

pornography from images that involve actual children to sexually 

explicit images that only appear to depict minors but were produced 

without using any real children. The act defines child pornography as 

“any visual depiction, including any photograph, film, video, picture, 

or computer or computer-generated image or picture” that “is, or 

appears to be, of a minor engaging in sexually explicit conduct” or is 

“advertised, promoted, presented, described, or distributed in such a 

manner that conveys the impression that the material is or contains a 

visual depiction of a minor engaging in sexually explicit conduct.” 

Last year, the Supreme Court struck down this legislative attempt to 

ban “virtual” child pornography[Footnote 14] in Ashcroft v. The Free 

Speech Coalition, ruling that the expansion of the act to material that 

did not involve and thus harm actual children in its creation is an 

unconstitutional violation of free speech rights. According to 

government officials, this ruling may increase the difficulty faced by 

law enforcement agencies in prosecuting those who produce and possess 

child pornography. Since the government must establish that the digital 

images of children engaged in sexual acts are those of real children, 

it may be difficult to prosecute cases in which the defendants claim 

that the images in question are of “virtual” children.



The Internet Has Emerged as the Principal Tool for Exchanging Child 

Pornography:



Historically, pornography, including child pornography, tended to be 

found mainly in photographs, magazines, and videos.[Footnote 15] The 

arrival and the rapid expansion of the Internet and its technologies, 

the increased availability of broadband Internet services, advances in 

digital imaging technologies, and the availability of powerful digital 

graphic programs have brought about major changes in both the volume 

and the nature of available child pornography. The proliferation of 

child pornography on the Internet is prompting wide concern. According 

to a recent survey, over 90 percent of Americans say they are concerned 

about child pornography on the Internet, and 50 percent of Americans 

cite child pornography as the single most heinous crime that takes 

place on line.[Footnote 16]



According to experts, pornographers have traditionally exploited--and 

sometimes pioneered--emerging communication technologies--from the 

dial-in bulletin board systems of the 1970s to the World Wide Web--to 

access, trade, and distribute pornography, including child 

pornography.[Footnote 17] Today, child pornography is available through 

virtually every Internet technology (see table 1).



Table 1: Internet Technologies Providing Access to Child Pornography:



Technology: World Wide Web; Characteristics: Web sites provide on-line 

access to text and multimedia materials identified and accessed through 

the uniform resource locator (URL).



Technology: Usenet; Characteristics: A distributed electronic bulletin 

system, Usenet offers over 80,000 newsgroups, with many newsgroups 

dedicated to sharing of digital images.



Technology: Peer-to-peer file-sharing programs; Characteristics: 

Internet applications operating over peer-to-peer networks enable 

direct communication between users. Used largely for sharing of digital 

music, images, and video, peer-to-peer applications include BearShare, 

Gnutella, LimeWire, and KaZaA. KaZaA is the most popular, with over 3 

million KaZaA users sharing files at any time.



Technology: E-mail; Characteristics: E-mail allows the transmission of 

messages over a network or the Internet. Users can send E-mail to a 

single recipient or broadcast it to multiple users. E-mail supports the 

delivery of attached files, including image files.



Technology: Instant messaging; Characteristics: Instant messaging is 

not a dial-up system like the telephone; it requires that both parties 

be on line at the same time. AOL’s Instant Messenger and Microsoft’s 

MSN Messenger and Internet Relay Chat are the major instant messaging 

services. Users may exchange files, including image files.



Technology: Chat and Internet Relay Chat; Characteristics: Chat 

technologies allow computer conferencing using the keyboard over the 

Internet between two or more people.



[End of table]



Source: GAO.



Among the principal channels for the distribution of child pornography 

are commercial Web sites, Usenet newsgroups, and peer-to-peer 

networks.[Footnote 18]



Web sites. According to recent estimates, there are about 400,000 

commercial pornography Web sites worldwide,[Footnote 19] with some of 

the sites selling pornographic images of children. The profitability 

and the worldwide reach of the child pornography trade was recently 

demonstrated by an international child pornography ring that included a 

Texas-based firm providing credit card billing and password access 

services for one Russian and two Indonesian child pornography Web 

sites. According to the U.S. Postal Inspection Service, the ring 

grossed as much as $1.4 million in just 1 month selling child 

pornography to paying customers.



Usenet. Usenet newsgroups are also providing access to pornography, 

with several of the image-oriented newsgroups being focused on child 

erotica and child pornography. These newsgroups are frequently used by 

commercial pornographers who post “free” images to advertise adult and 

child pornography available for a fee from their Web sites. The 

increase in the availability of child pornography in Usenet newsgroups 

represents a change from the mid-1990’s, when a 1995-96 study of 9,800 

randomly selected images taken from 32 Usenet newsgroups found that 

only a small fraction of posted images contained child pornography 

themes.[Footnote 20]



Peer-to-peer networks. Although peer-to-peer file-sharing programs are 

largely known for the extensive sharing of copyrighted digital 

music,[Footnote 21] they are emerging as a conduit for the sharing of 

child pornography images and videos. A recent study by congressional 

staff found that one use of file-sharing programs is to exchange 

pornographic materials, such as adult videos.[Footnote 22] The study 

found that a single search for the term “porn” using a similar file-

sharing program yielded over 25,000 files, more than 10,000 of which 

were video files appearing to contain pornographic images. In another 

study, focused on the availability of pornographic video files on peer-

to-peer sharing networks, a sample of 507 pornographic video files 

retrieved with a file-sharing program included about 3.7 percent child 

pornography videos.[Footnote 23]



Several Agencies Have Law Enforcement Responsibilities Regarding Child 

Pornography on Peer-to-Peer Networks:



Table 2 shows the key national organizations and agencies that are 

currently involved in efforts to combat child pornography on peer-to-

peer networks.



Table 2: Organizations and Agencies Involved with Peer-to-Peer Child 

Pornography Efforts:



Agency: Nonprofit.



Agency: National Center for Missing and Exploited Children; Unit: 

Exploited Child Unit; Focus: Works with the Customs Service, Postal 

Service, and the FBI to analyze and investigate child pornography 

leads.



Agency: Federal entities; Unit: [Empty]; Focus: [Empty].



Agency: Department of Justice; Unit: Federal Bureau of 

Investigation[A]; Focus: Proactively investigates crimes against 

children. Operates a national “innocent Images Initiative” to combat 

Internet-related sexual exploitation of children.



Agency: Department of the Treasury: Unit: Criminal Division, Child 

Exploitation and Obscenity Section; Focus: AgencyDepartment of the 

Treasury: Is a specialized group of attorneys who, among other things, 

prosecute those who possess, manufacture, or distribute child 

pornography. Its High Tech Investigative Unit actively conducts on-line 

investigations to identify distributors of obscenity and child 

pornography.



Agency: Department of the Treasury; Unit: U.S. Customs Service 

CyberSmuggling Center[A]; Focus: Conducts international child 

pornography investigations as part of its mission to investigate 

international criminal activity conducted on or facilitated by the 

Internet.



Agency: U.S. Secret Service[A]; Focus: Provides 

forensic and technical assistance in matters involving missing and 

sexually exploited children.



Source: GAO.



[A] Agency has staff assigned to NCMEC.



[End of table]



The National Center for Missing and Exploited Children (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. The 

center’s Exploited Child Unit operates the CyberTipline, which receives 

child pornography tips provided by the public; its CyberTipline II also 

receives tips from Internet service providers. The Exploited Child Unit 

investigates and processes tips to determine if the images in question 

constitute a violation of child pornography laws. The CyberTipline 

provides investigative leads to the Federal Bureau of Investigation 

(FBI), U.S. Customs, the Postal Inspection Service, and state and local 

law enforcement agencies. The FBI and the U.S. Customs also investigate 

leads from Internet service providers via the Exploited Child Unit’s 

CyberTipline II. The FBI, Customs Service, Postal Inspection Service, 

and Secret Service have staff[Footnote 24] assigned directly to NCMEC 

as analysts.



Two organizations in the Department of Justice have responsibilities 

regarding child pornography: the FBI and the Justice Criminal 

Division’s Child Exploitation and Obscenity Section (CEOS).[Footnote 

25]



* The FBI investigates various crimes against children, including 

federal child pornography crimes involving interstate or foreign 

commerce. It deals with violations of child pornography laws related to 

the production of child pornography; selling or buying children for use 

in child pornography; and the transportation, shipment, or distribution 

of child pornography by any means, including by computer.



* CEOS prosecutes child sex offenses and trafficking in women and 

children for sexual exploitation. Its mission includes prosecution of 

individuals who possess, manufacture, produce, or distribute child 

pornography; use the Internet to lure children to engage in prohibited 

sexual conduct; or traffic in women and children interstate or 

internationally to engage in sexually explicit conduct.



Two organizations in the Department of the Treasury have 

responsibilities regarding child pornography: the Customs 

Servic[Footnote 26]e and the Secret Service.



* The Customs Service targets illegal importation and trafficking in 

child pornography and is the country’s front line of defense in 

combating child pornography distributed through various channels, 

including the Internet. Customs is involved in cases with international 

links, focusing on pornography that enters the United States from 

foreign countries. The Customs CyberSmuggling Center has the lead in 

the investigation of international and domestic criminal activities 

conducted on or facilitated by the Internet, including the sharing and 

distribution of child pornography on peer-to-peer networks. Customs 

maintains a reporting link with NCMEC, and it acts on tips received via 

the CyberTipline from callers reporting instances of child pornography 

on Web sites, Usenet newsgroups, chat rooms, or the computers of users 

of peer-to-peer networks. The center also investigates leads from 

Internet service providers via the Exploited Child Unit’s CyberTipline 

II.



* The U.S. Secret Service does not investigate child pornography cases 

on peer-to-peer networks; however, it does provide forensic and 

technical support to NCMEC, as well as to state and local agencies 

involved in cases of missing and exploited children.



In November 2002, we reported that federal agencies are effectively 

coordinating their efforts to combat child pornography, and we 

recommended that the Attorney General designate the Postal Inspection 

Service and Secret Service as agencies that should receive reports and 

tips of child pornography under the Protection of Children from Sexual 

Predators Act of 1998 in addition to the FBI and Customs.[Footnote 27]



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 federal 

coordination efforts would be further enhanced if the Postal Inspection 

Service and the Secret Service were provided direct access to tips 

reported to NCMEC by remote computing service and electronic 

communication service providers. Justice said that the FBI and Customs, 

the agencies that currently have direct access, can and do share these 

tips with the Secret Service and the Postal Inspection Service, as 

appropriate, and Justice believes that this coordination has been 

effective. Justice questioned whether coordination would be further 

enhanced by having the Secret Service and the Postal Inspection Service 

designated to receive access to these tips directly from NCMEC; 

however, Justice said that it is studying this issue as it finalizes 

regulations implementing the statute.



Peer-to-Peer Applications Provide Easy Access to Child Pornography:



Child pornography is easily shared and accessed through peer-to-peer 

file-sharing programs. Our analysis of 1,286 titles and file names 

identified through KaZaA searches on 12 keywords[Footnote 28] showed 

that 543 (about 42 percent) of the images had titles and file names 

associated with child pornography images.[Footnote 29] Of the remaining 

files, 34 percent were classified as adult pornography, and 24 percent 

as nonpornographic (see fig. 1). No files were downloaded for this 

analysis.



Figure 1: Classification of 1,286 Titles and File Names of Images 

Identified in KaZaA Search:



[See PDF for image]



[End of figure]





The ease of access to child pornography files was further documented by 

retrieval and analysis of image files, performed on our behalf by the 

Customs CyberSmuggling Center. Using 3 of the 12 keywords that we used 

to document the availability of child pornography files, a 

CyberSmuggling Center analyst used KaZaA to search, identify, and 

download 305 files, including files containing multiple images and 

duplicates. The analyst was able to download 341 images from the 305 

files identified through the KaZaA search.



The CyberSmuggling Center analysis of the 341 downloaded images showed 

that 149 (about 44 percent) of the downloaded images contained child 

pornography (see fig. 2). The center classified the remaining images as 

child erotica (13 percent), adult pornography (29 percent), or 

nonpornographic (14 percent).



Figure 2: Classification of 341 Images Downloaded through KaZaA:



[See PDF for image]



[End of figure]





Note: GAO analysis of data provided by the Customs CyberSmuggling 

Center.



These results are consistent with the observations of NCMEC, which has 

stated that peer-to-peer technology is increasingly popular for the 

dissemination of child pornography. However, it is not the most 

prominent source for child pornography. As shown in table 3, since 

1998, most of the child pornography referred by the public to the 

CyberTipline was found on Internet Web sites. Since 1998, the center 

has received over 76,000 reports of child pornography, of which 77 

percent concerned Web sites, and only 1 percent concerned peer-to-peer 

networks. Web site referrals have grown from about 1,400 in 1998 to 

over 26,000 in 2002--or about a nineteenfold increase. NCMEC did not 

track peer-to-peer referrals until 2001. In 2002, peer-to-peer 

referrals increased more than fourfold, from 156 to 757, reflecting the 

increased popularity of file-sharing programs.



Table 3: NCMEC CyberTipline Referrals to Law Enforcement Agencies, 

Fiscal Years 1998-2002:



Technology: Web sites; Number of tips: 1998: 1,393; Number of tips: 

1999: 3,830; Number of tips: 2000: 10,629; Number of tips: 2001: 

18,052; Number of tips: 2002: 26,759.



Technology: E-mail; Number of tips: 1998: 117; Number of tips: 1999: 

165; Number of tips: 2000: 120; Number of tips: 2001: 1,128; Number of 

tips: 2002: 6,245.



Technology: Peer-to-peer; Number of tips: 1998: ó; Number of tips: 

1999: ó; Number of tips: 2000: ó; Number of tips: 2001: 156; Number of 

tips: 2002: 757.



Technology: Usenet newsgroups & bulletin boards; Number of tips: 1998: 

531; Number of tips: 1999: 987; Number of tips: 2000: 731; Number of 

tips: 2001: 990; Number of tips: 2002: 993.



Technology: Unknown; Number of tips: 1998: 90; Number of tips: 1999: 

258; Number of tips: 2000: 260; Number of tips: 2001: 430; Number of 

tips: 2002: 612.



Technology: Chat rooms; Number of tips: 1998: 155; Number of tips: 

1999: 256; Number of tips: 2000: 176; Number of tips: 2001: 125; Number 

of tips: 2002: 234.



Technology: Instant Messaging; Number of tips: 1998: 27; Number of 

tips: 1999: 47; Number of tips: 2000: 50; Number of tips: 2001: 80; 

Number of tips: 2002: 53.



Technology: File Transfer Protocol; Number of tips: 1998: 25; Number of 

tips: 1999: 26; Number of tips: 2000: 58; Number of tips: 2001: 64; 

Number of tips: 2002: 23.



Technology: Total; Number of tips: 1998: 2,338; Number of tips: 1999: 

5,569; Number of tips: 2000: 12,024; Number of tips: 2001: 21,025; 

Number of tips: 2002: 35,676.



[End of table]



Source: Exploited Child Unit, National Center for Missing and Exploited 

Children.



Juvenile Users of Peer-to-Peer Applications May Be Inadvertently 

Exposed to Pornography:



Juvenile users of peer-to-peer networks face a significant risk of 

inadvertent exposure to pornography when searching and downloading 

images. In a search using innocuous keywords likely to be used by 

juveniles searching peer-to-peer networks (such as names of popular 

singers, actors, and cartoon characters), almost half of the images 

downloaded were classified as adult or cartoon pornography. Juvenile 

users may also be inadvertently exposed to child pornography through 

such searches, but the risk of such exposure is smaller than that of 

exposure to pornography in general.



To document the risk of inadvertent exposure of juvenile users to 

pornography, the Customs CyberSmuggling Center performed KaZaA searches 

using innocuous keywords that would likely be used by juveniles. The 

center image searches used three keywords representing the names of a 

popular female singer, child actors, and a cartoon character. A center 

analyst performed the search, retrieval, and analysis of the images, 

each of which was classified into one of five categories: child 

pornography, child erotica, adult pornography, cartoon pornography, or 

nonpornographic. The searches produced 157 files, some of which were 

duplicates. The analyst was able to download 177 images from the 157 

files identified through the search.



As shown in figure 3, our analysis of the CyberSmuggling Center’s 

classification of the 177 downloaded images determined that 61 images 

contained adult pornography (34 percent), 24 images consisted of 

cartoon pornography (14 percent), 13 images contained child erotica (7 

percent), and 2 images (1 percent) contained child pornography. The 

remaining 77 images were classified as nonpornographic.



Figure 3: Classification of 177 Images of a Popular Singer, Child 

Actors, and a Cartoon Character Downloaded through KaZaA:



[See PDF for image]



[End of figure]





Note: GAO analysis of data provided by the Customs CyberSmuggling 

Center.

:



Federal Law Enforcement Agencies Are Beginning to Focus Resources on 

Child Pornography on Peer-to-Peer Networks:



Because law enforcement agencies do not track the resources dedicated 

to specific technologies used to access and download child pornography 

on the Internet, we were unable to quantify the resources devoted to 

investigations concerning peer-to-peer networks. These agencies 

(including the FBI, CEOS, and Customs) do devote significant resources 

to combating child exploitation and child pornography in general. Law 

enforcement officials told us, however, that as tips concerning child 

pornography on the peer-to-peer networks increase, they are beginning 

to focus more law enforcement resources on this issue.



In fiscal year 2002, the key organizations involved in combating child 

pornography on peer-to-peer networks reported the following levels of 

funding:



* NCMEC received about $12 million for its congressionally mandated 

role as the national resource center and clearinghouse. NCMEC also 

received about $10 million for law enforcement training and about $3.3 

million for the Exploited Child Unit and the promotion of its 

CyberTipline. From the appropriated amounts, NCMEC allocated $916,000 

to combat child pornography and referred 913 tips concerning peer-to-

peer networks to law enforcement agencies.



* The FBI allocated $38.2 million and 228 agents and support personnel 

to combat child pornography through its Innocent Images unit. Since 

fiscal year 1996, the Innocent Image National Initiative opened 7,067 

cases, obtained 1,811 indictments, performed 1,886 arrests, and secured 

1,850 convictions or pretrial diversions in child pornography cases. 

According to FBI officials, they are aware of the use of peer-to-peer 

networks to disseminate child pornography and have efforts under way to 

work with some of the peer-to-peer companies to solicit their 

cooperation in dealing with this issue.



* CEOS allocated $4.38 million and 28 personnel to combat child 

exploitation and obscenity offenses. It has recently launched an 

effort, the High Tech Investigative Unit, dealing with investigating 

any Internet medium that distributes child pornography, including peer-

to-peer networks.



* Customs allocated $15.6 million and over 144,000 hours to combating 

child exploitation and obscenity offenses.[Footnote 30] The 

CyberSmuggling Center is beginning to actively monitor the file sharing 

of child pornography on peer-to-peer networks and is devoting one half-

time investigator to this effort. As of December 16, 2002, the center 

has sent 21 peer-to-peer investigative leads to the field offices for 

follow-up action. Four of these leads have search warrants pending, two 

have been referred to local law enforcement, and five have been 

referred to foreign law enforcement agencies.



In addition, to facilitate the identification of the victims of child 

pornographers, the CyberSmuggling Center is devoting resources to the 

National Child Victim Identification Program, a consolidated 

information system containing seized images that is designed to allow 

law enforcement officials to quickly identify and combat the current 

abuse of children associated with the production of child pornography. 

The system’s database is being populated with all known and unique 

child pornographic images obtained from national and international law 

enforcement sources and from CyberTipline reports filed with NCMEC. It 

will initially hold over 100,000 images that have been collected by 

federal law enforcement agencies from various sources, including old 

child pornography magazines.[Footnote 31] According to Customs 

officials, this information will help, among other things, to determine 

whether actual children were used to produce child pornography images 

by matching them with images of children from magazines published 

before modern imaging technology was invented. Such evidence can be 

used to counter the assertion that only virtual children appear in 

certain images.



The system is housed at the Customs CyberSmuggling Center and is to be 

accessed remotely in “read only” format by the FBI, CEOS, the U.S. 

Postal Inspection Service, and NCMEC. An initial version of the system 

was deployed at the Customs CyberSmuggling Center in September 2002; 

the system became operational in January 2003.[Footnote 32]



Conclusions:



It is easy to access and download child pornography on peer-to-peer 

networks. Juvenile users of peer-to-peer networks also face a 

significant risk of inadvertent exposure to pornography, including 

child pornography. We were unable to determine the extent of federal 

law enforcement resources available for combating child pornography on 

peer-to-peer networks; the key law enforcement agencies devote 

resources to combating child exploitation and child pornography in 

general, but they do not track the resources dedicated to peer-to-peer 

technologies in particular.



Agency Comments and Our Evaluation:



The Assistant Attorney General, Criminal Division, Department of 

Justice, provided written comments on a draft of this report, which are 

reprinted in appendix III. The Department of Justice agreed with the 

report’s findings, provided additional information on the mission and 

capabilities of the High Tech Investigative Unit (part of its Criminal 

Division’s Child Exploitation and Obscenity Section), and offered 

comments on the description and purpose of Customs’ National Child 

Victim Identification Program. In response, we have revised our report 

to add these clarifications. We also received written technical 

comments from the Department of Justice, which we have incorporated as 

appropriate.



We received written technical comments from the Assistant Director, 

Office of Inspection, U.S. Secret Service, and from the Acting 

Director, Office of Planning, U.S. Customs Service. Their comments have 

been incorporated in the report as appropriate.



As agreed with your office, unless you publicly announce the contents 

of this report earlier, we plan no further distribution until 30 days 

from the report date. At that time, we will send copies of this report 

to the Chairmen and Ranking Minority Members of other Senate and House 

committees and subcommittees that have jurisdiction and oversight 

responsibility for the Departments of Justice and the Treasury. We will 

also send copies to the Attorney General and to the Secretary of the 

Treasury. Copies will be made available to others on request. In 

addition, this report will be available at no charge on the GAO Web 

site at http://www.gao.gov.



If you have any questions concerning this report, please call me at 

(202) 512-6240 or Mirko J. Dolak, Assistant Director, at (202) 512-

6362. We can be also reached by E-mail at koontzl@gao.gov and 

dolakm@gao.gov, respectively. Key contributors to this report were 

Barbara S. Collier, James M. Lager, Neelaxi V. Lakhmani, James R. 

Sweetman, Jr., and Jessie Thomas.



Linda D. Koontz

Director, Information Management Issues:

Signed by Linda D. Koontz.



[End of section]



Appendix I: Objectives, Scope, and Methodology:



Our objectives were to:



* determine the ease of access to child pornography on peer-to-peer 

networks,



* assess the risk of inadvertent exposure of juvenile users of peer-to-

peer networks to pornography, including child pornography, and:



* determine the extent of federal law enforcement resources available 

for combating child pornography on peer-to-peer networks.



To determine the availability of child pornography on peer-to-peer 

networks, we used a popular peer-to-peer application--KaZaA--to search 

for and identify image files that appear to be child pornography. Our 

analysts used keywords provided by the Customs CyberSmuggling Center. 

These keywords were intended to identify pornographic images; examples 

of the keywords include preteen, underage, and incest.



Once the names and titles of image files were gathered, we classified 

and analyzed them based on file names and keywords. Each file was 

classified as child pornography, adult pornography, or nonpornographic. 

For a file to be considered possible child pornography, the title, file 

name, or both had to include at least one word with a sexual 

connotation and an age-related keyword indicating that the subject is a 

minor. Files depicting adult pornography included any file that had 

words of a sexual nature in the title or file name. No files were 

downloaded for this analysis.



To determine the ease of access, we used three keywords from the 

initial list to perform another search. The resulting files were 

downloaded, saved, and analyzed by a Customs agent. Because child 

pornography cannot be accessed legally other than by law enforcement 

agencies, we relied on Customs to download and analyze files. Our own 

analyses were based on keywords and file names only. The Customs agent 

classified each of the downloaded files into one of four categories: 

child pornography, child erotica, adult pornography, or 

nonpornographic. The user with the largest number of shared files that 

appeared to be child pornography was also identified, and the shared 

folder was captured. The titles and names of files in the user’s shared 

directory were then analyzed and classified by a GAO analyst using the 

same classification criteria used in original analysis.



To assess the risk of inadvertent exposure of juvenile users of peer-

to-peer networks to pornography, a CyberSmuggling Center analyst 

conducted another search using three keywords that are names of popular 

celebrities and a cartoon character. The Customs analyst performed the 

search, retrieval, and analysis of the images. Each of the images 

downloaded was classified into one of five categories: adult 

pornography, child pornography, child erotica, cartoon pornography, or 

nonpornographic.



To determine what federal law enforcement resources were allocated to 

combating child pornography on peer-to-peer networks, we obtained 

resource allocation data and interviewed officials at the U.S. Customs 

Service, the Department of Justice’s Child Exploitation and Obscenity 

Section, and the Federal Bureau of Investigation. We also received 

information about what resources were being allocated to combat child 

pornography from the U.S. Secret Service and the National Center for 

Missing and Exploited Children.



We performed our work between July and October 2002 at the U.S. Secret 

Service in Baltimore, Maryland, and the U.S. Customs Service, Customs 

CyberSmuggling Center, in Fairfax, Virginia, under the Department of 

the Treasury; and at the Child Exploitation and Obscenity Section and 

the Federal Bureau of Investigation, under the Department of Justice, 

in Washington, D.C. We also worked with the National Center for Missing 

and Exploited Children in Alexandria, Virginia. Our work was conducted 

in accordance with generally accepted government auditing standards.



[End of section]



Appendix II: Description of File Sharing and Peer-to-Peer Networks:



Peer-to-peer file-sharing programs represent a major change in the way 

Internet users find and exchange information. Under the traditional 

Internet client/server model, the access to information and services is 

accomplished by the interaction between users (clients) and servers--

usually Web sites or portals. A client is defined as a requester of 

services, and a server is defined as the provider of services. Unlike 

the traditional model, the peer-to-peer model enables consenting users-

-or peers--to directly interact and share information with each other 

without the intervention of a server. A common characteristic of peer-

to-peer programs is that they build virtual networks with their own 

mechanisms for routing message traffic.[Footnote 33]



The ability of peer-to-peer networks to provide services and connect 

users directly has resulted in a large number[Footnote 34] of powerful 

applications built around this model.[Footnote 35] These range from the 

SETI@home network (where users share the computing power of their 

computers to search for extraterrestrial life) to the popular KaZaA 

file-sharing program (used to share music and other files).



As shown in figure 4,[Footnote 36] there are two main models of peer-

to-peer networks: (1) the centralized model, based on a central server 

or broker that directs traffic between individual registered users, and 

(2) the decentralized model, based on the Gnutella[Footnote 37] 

network, in which individuals find and interact directly with each 

other.



Figure 4: Peer-to-Peer Models:



[See PDF for image]



[End of figure]



Note: Adapted from Mark Bontrager’s adaptation of original by Bob 

Knighten.



As shown in figure 4, the centralized model relies on a central server/

broker to maintain directories of shared files stored on the respective 

computers of the registered users of the peer-to-peer network. When Bob 

submits a request for a particular file, the server/broker creates a 

list of files matching the search request by checking the request with 

its database of files belonging to registered users currently connected 

to the network. The broker then displays that list to Bob, who can then 

select the desired file from the list and open a direct link with 

Alice’s computer, which currently has the file. The download of the 

actual file takes place directly from Alice to Bob.



The broker model was used by Napster, the original peer-to-peer 

network, facilitating mass sharing of copyrighted material by combining 

the file names held by thousands of users into a searchable directory 

that enabled users to connect with each other and download MP3 encoded 

music files. The broker model made Napster vulnerable to legal 

challenges[Footnote 38] and eventually led to its demise in September 

2002.



Although Napster was litigated out of existence and its users 

fragmented among many alternative peer-to-peer services, most current-

generation peer-to-peer networks are not dependent on the server/broker 

that was the central feature of the Napster service, so, according to 

Gartner,[Footnote 39] these networks are less vulnerable to litigation 

from copyright owners.



In the decentralized model, no brokers keep track of users and their 

files. To share files using the decentralized model, Ted starts with a 

networked computer equipped with a Gnutella file-sharing program, such 

as KaZaA or BearShare. Ted connects to Carol, Carol to Bob, Bob to 

Alice, and so on. Once Ted’s computer has announced that it is “alive” 

to the various members of the peer network, it can search the contents 

of the shared directories of the peer network members. The search 

request is sent to all members of the network, starting with Carol, who 

will each in turn send the request to the computers to which they are 

connected, and so forth. If one of the computers in the peer network 

(say, for example, Alice’s) has a file that matches the request, it 

transmits the file information (name, size, type, etc.) back through 

all the computers in the pathway towards Ted, where a list of files 

matching the search request appears on Ted’s computer through the file-

sharing program. Ted will then be able to open a connection with Alice 

and download the file directly from Alice’s computer.[Footnote 40]



One of the key features of Napster and the current generation of 

decentralized peer-to-peer technologies is their use of a virtual name 

space (VNS). A VNS dynamically associates user-created names with the 

Internet address of whatever Internet-connected computer users happen 

to be using when they log on.[Footnote 41] The VNS facilitates point-

to-point interaction between individuals, because it removes the need 

for users and their computers to know the addresses and locations of 

other users; the VNS can, to certain extent, preserve users’ anonymity 

and provide information on whether a user is or is not connected to the 

Internet at a given moment.[Footnote 42]



The file-sharing networks that result from the use of peer-to-peer 

technology are both extensive and complex. Figure 5 shows a map or 

topology of a Gnutella network whose connections were mapped by a 

network visualization tool.[Footnote 43] The map, created in December 

2000, shows 1,026 nodes (computers connected to more than one computer) 

and 3,752 edges (computers on the edge of the network connected to a 

single computer). This map is a snapshot showing a network in existence 

at a given moment; these networks change constantly as users join and 

depart them.



Figure 5: Topology of a Gnutella Network:



[See PDF for image]



[End of figure]



[End of section]



Appendix III: Comments from the Department of Justice:



U.S. Department of Justice Criminal Division:



Office of the Assistant Attorney General	Washington, D. C 20530:



February 3, 2003:



Ms. Linda D. Koontz:

Director:

Information Management Issues:

U.S. General Accounting Office 

441 G Street, NW Washington, DC 20548:



Dear Ms. Koontz:



The Department of Justice has reviewed the GAO proposed report 

entitled, “File Sharing Programs: Peer-to-Peer Networks Provide Ready 

Access to Child Pornography” (GAO-03-35 1) (the “Proposed Report”). We 

agree with the Proposed Report’s findings that child pornography:



is readily available on peer-to-peer networks, that juveniles using 

such networks may be inadvertently exposed to child pornography as well 

as other pornographic material, and that federal law enforcement 

agencies are devoting substantial resources to fighting child 

exploitation and child pornography. We also would like to express our 

appreciation to GAO for its effort in conducting a careful, thorough, 

and diligent study of this important issue, and for its recognition 

that the Criminal Division’s Child Exploitation and Obscenity Section 

(“CEOS”) has taken a important role in combating child exploitation and 

child pornography.



While we support the Proposed Report’s findings, we offer, as important 

additional context, the information set forth below describing the 

Department’s innovative approach to meeting and anticipating the latest 

technology challenges and explaining, in greater detail, the full scope 

of the National Child Victim Identification Program.



Understanding that child pornographers are increasingly mastering and 

using cutting-edge technology to commit their crimes and avoid 

apprehension, and understanding the existence of a technology gap 

between law enforcement generally and the offenders, CEOS created a 

High:



Tech Investigative Unit (HTIU) within CEOS, staffed with computer 

forensic experts, to keep pace with misused technology and to fill that 

gap. The goal of the HTIU is to ensure that:



Internet-based child pornography and adult obscenity prosecutions 

benefit from the special expertise brought to bear by technology 

experts. HTIU’s computer forensic specialists can and do meet the 

challenge presented by the use of peer-to-peer networks in the 

commission of child pornography and adult obscenity crimes. More 

importantly, the Unit is poised to meet new technological challenges 

that will surely develop as technology evolves.



The National Child Victim Identification Program (NCVIP), discussed in 

the Proposed Report, exemplifies the cooperative mind-set that exists 

in the law enforcement community in addressing child pornography and 

child abuse crimes effectively and decisively. The NCVIP also 

exemplifies the cooperative mind-set that exists between the law 

enforcement community and private organizations to marshal every 

resource, public or private, to eradicate the trade in child 

pornography, identify current abuse, and bring the perpetrators to 

justice.



The Proposed Report characterizes the NCVIP as an “information system 

and database of child pornography images” intended to “help determine 

whether actual children were used to produce child pornography images 

by matching them with images of children from magazines published 

before modern imaging technology was invented.” Proposed Report, at 16. 

While this description exemplifies one part of the NCVIP’s design, it 

does not adequately explain that the NCVIP is primarily intended to 

help law enforcement identify and stop current instances of child abuse 

associated with the production of child pornography. The NCVIP will 

help stop current child abuse by allowing law enforcement, upon 

discovering an image of child pornography, quickly to determine whether 

that image is new or dated. If the image is new, law enforcement can 

then take steps to identify the victim and the producer with the goal 

of preventing continued abuse of the victim. For far too long, law 

enforcement’s focus has been on the image itself - with little 

consideration for the serious abuse depicted in the images. The lack of 

focus on the abuse represented in the images stemmed mostly from the 

fact that investigators had no means of determining whether the abuse 

depicted was recent or current, or many years old. NCVIP will be 

instrumental in focusing law enforcement’s efforts on current abuse and 

ensuring that our focus is not simply limited to the trafficking of 

child pornographic images, but extends to the investigation and 

prosecution of the underlying abuse. Accordingly, we recommend that the 

proposed report describe the NCVIP as primarily “a consolidated 

information system containing seized images of child pornography 

designed to allow law enforcement quickly to identify and combat the 

current abuse of children associated with the production of child 

pornography.”:



In sum, we agree that those who engage in the production and 

trafficking of child pornography are consistently early adopters of 

emerging technologies. The Department has risen to, and met, that 

challenge by ensuring an equal or greater level of technological 

expertise on the part of its prosecutors and agents investigating 

Internet-based child pornography and adult obscenity crimes.



I hope you will consider our comments in preparing the final GAO report 

on this subject. If you have any questions regarding the Department’s 

comments, you may contact Vickie L. Sloan, Director, Audit Liaison 

Office, on (202) 514-0469.



Sincerely,



Michael Chertoff:

Assistant Attorney General:

Signed by Michael Chertoff:



[End of section]



Glossary:



Broadband:



Operating at bandwidths markedly greater than that provided by 

telephone networks. Broadband networks can carry digital videos or a 

massive quantity of data simultaneously. In the on-line environment, 

the term is often used to refer to Internet connections provided 

through cable or DSL (digital subscriber line) modems.



BearShare:



A file-sharing program for Gnutella networks. BearShare supports the 

trading of text, images, audio, video, and software files with any 

other user of the network.



Broker:



In the peer-to-peer environment, an intermediary computer that 

coordinates and manages requests between client computers.



Cartoon pornography:



Images of cartoon characters engaged in sexual activity.



Chat:



Internet program enabling users to communicate through short written 

messages. Some of the most popular chat programs are America Online’s 

Instant Messenger and the Microsoft Network Messenger. See instant 

messaging.



Child erotica:



Sexually arousing images of children that are not considered 

pornographic, obscene, or offensive.



Client-server:



A networking model in which a collection of nodes (client computers) 

request and obtain services from a server node (server computer).



Gnutella:



A file-sharing program based on the Gnutella protocol. Gnutella enables 

users to directly share files with one another. Unlike Napster, 

Gnutella-based programs do not rely on a central server to find files.



Gnutella protocol:



Decentralized group membership and search protocol, typically used for 

file sharing. Gnutella file-sharing programs build a virtual network of 

participating users.



Hypertext language (HTML):



The standard language (HyperText Markup Language) used to display 

information on the Web. It uses tags embedded in text files to encode 

instructions for formatting and displaying the information.



Instant messaging (IM):



A popular method of Internet communication that allows for an 

instantaneous transmission of messages to other users who are logged 

into the same instant messaging service. America Online’s Instant 

Messenger and the Microsoft Network Messenger are among the most 

popular instant messaging programs (see chat).



Internet relay chat (IRC):



Internet chat application allowing real-time conversations to take 

place via software, text commands, and channels. Unlike the Web-based 

IM, IRC requires special software and knowledge of technical commands 

(see chat).



IP address:



Internet Protocol address. A number that uniquely identifies a computer 

connected to the Internet to other computers.



KaZaA:



A file-sharing program using a proprietary peer-to-peer protocol to 

share files among users on the network. Through a distributed self-

organizing network, KaZaA requires no broker or central server like 

Napster.



LimeWire:



A file-sharing program running on Gnutella networks. It is open 

standard software running on an open protocol, free for the public to 

use.



Morpheus:



A file-sharing application using the KaZaA peer-to-peer protocol to 

share files among users on the network.



Morphing:



A process whereby one image is gradually transformed into a second 

image.



MP3:



Moving Pictures Experts Group (MPEG) MPEG-1 Audio Layer-3. A widely 

used standard for compressing and transmitting music in digital format 

across Internet. MP3 can compress file sizes at a ratio of about 10:1 

while preserving sound quality.



Newsgroups:



Discussion groups on Usenet, varying in topic from technical to 

bizarre. There are over 80,000 newsgroups organized by major areas or 

domains. The major domains are alt (any conceivable topic, including 

pornography); biz (business products and services); rec (games and 

hobbies); comp (computer hardware and software); sci (sciences); 

humanities (art and literature); soc (culture and social issues); misc 

(miscellaneous, including employment and health); and talk (debates on 

current issues). See Usenet.



Node:



A computer or a device that is connected to a network. Every node has a 

unique network address.



Peer:



A network node that may function as a client or a server. In the peer-

to-peer environment, peer computers are also called servents, since 

they perform tasks associated with both servers and clients.



Server:



A computer that interconnects client computers, providing them with 

services and information; a component of the client-server model. A Web 

server is one type of server.



SETI@home:



Search for extraterrestrial intelligence at home. A distributed 

computing project, SETI@home uses data collected by the Arecibo 

Telescope in Puerto Rico. The project takes advantage of the unused 

computing capacity of personal computers. As of February 2000, the 

project encompassed 1.6 million participants in 224 countries.



Topology:



The general structure--or map--of a network. It shows the computers and 

the links between them.



Usenet:



A bulletin board system accessible through the Internet containing more 

than 80,000 newsgroups. Originally implemented in 1979, it is now 

probably the largest decentralized information utility in existence 

(see newsgroups).



Virtual:



Having the properties of x while not being x. For example, “virtual 

reality” is an artificial or simulated environment that appears to be 

real to the casual observer.



Virtual name space (VNS):



Internet addressing and naming system. In the peer-to-peer environment, 

VNS dynamically associates names created by users with the IP addresses 

assigned by their Internet services providers to their computers.



World Wide Web:



A worldwide client-server system for searching and retrieving 

information across the Internet. Also known as WWW or the Web.



FOOTNOTES



[1] Because child pornography cannot be accessed legally other than by 

law enforcement agencies, we relied on Customs to download and analyze 

image files. We performed analyses based on titles and file names only.



[2] Other popular peer-to-peer applications include Gnutella, 

BearShare, LimeWire, and Morpheus.



[3] Customs downloaded and analyzed image files for us because child 

pornography can be legally accessed only by law enforcement agencies.



[4] Erotic images of children that do not depict sexually explicit 

conduct. 



[5] Images of cartoon characters depicting sexually explicit conduct. 



[6] See chapter 110 of Title 18, U.S. Code.



[7] See chapter 71 of Title 18, U.S. Code.



[8] See 18 U.S.C. § 2256(8). 



[9] See Miller v. California, 413 U.S. 15 (1973). In Miller, the 

Supreme Court created a three-part test to determine whether a work is 

obscene. The Miller test, as interpreted by subsequent Supreme Court 

jurisprudence, asks (a) whether an average person applying contemporary 

community standards would find that the material, taken as a whole, 

appeals to the prurient interest; (b) whether an average person 

applying contemporary community standards would find that the material 

depicts proscribed behavior in a patently offensive manner; and 

(c) whether a reasonable person would find that the material, taken as 

a whole, lacks serious literary, artistic, political, or scientific 

value. As the Miller test is unrelated to child pornography, it does 

not account for the government’s compelling interest in protecting 

children from sexual exploitation. 



[10] See chapter 110, Title 18, U.S. Code.



[11] See New York v. Ferber, 458 U.S. 747 (1982).



[12] See Roth v. United States, 354 U.S. 476 (1957). In contrast, the 

private possession of obscenity in one’s home is protected by the First 

Amendment. See Stanley v. Georgia, 

394 U.S. 557 (1969).



[13] Section 121, P.L. 104-208, 110 Stat. 3009-26.



[14] According to the Justice Department, rapidly advancing technology 

has raised the possibility of creating images of child pornography 

without the use of a real child (“virtual” child pornography). Totally 

virtual creations would be both time intensive and, for now, 

prohibitively costly to produce. However, the technology has led to a 

ready defense (the “virtual” porn defense) against prosecution under 

laws that are limited to sexually explicit depictions of actual minors. 

Because the technology does exist today to alter images in a manner 

that disguises the identity of the real child or makes the image seem 

computer-generated, it encourages producers and distributors of child 

pornography to alter depictions of actual children in slight ways to 

make them not only unidentifiable, but also appear as if they were 

virtual creations--and thereby attempt to defeat prosecution. In 

contrast to the weighty task of creating an entire image out of whole 

cloth, it is not difficult or expensive to use readily available 

technology to disguise depictions of real children to make them 

unidentifiable or to make them appear computer generated.



[15] John Carr, Theme Paper on Child Pornography for the 2nd World 

Congress on Commercial Sexual Exploitation of Children, NCH Children’s 

Charities, Children & Technology Unit (Yokohama, 2001). (http://

www.ecpat.net/eng/Ecpat_inter/projects/monitoring/wc2/

yokohama_theme_child_pornography.pdf)



[16] Susannah Fox and Oliver Lewis, Fear of Online Crime: Americans 

Support FBI Interception of Criminal Suspects’ Email and New Laws to 

Protect Online Privacy, Pew Internet & American Life Project (Apr. 2, 

2001). (http://www.pewInternet.org/reports/pdfs/PIP_Fear_of_crime.pdf)



[17] Frederick E. Allen, “When Sex Drives Technological Innovation and 

Why It Has to,” American Heritage Magazine, vol. 51, no. 5 (September 

2000), p. 19. (http://www.plannedparenthood.org/education/

updatearch.html)

Allen notes that pornographers have driven the development of some of 

the Internet technologies, including the development of systems used to 

verify on-line financial transactions and that of digital watermarking 

technology to prevent the unauthorized use of on-line images.



[18] According to Department of Justice officials, other forums and 

technologies are used to disseminate pornography on the Internet. These 

include Web portal communities such as Yahoo! Groups and MSN Groups, as 

well as file servers operating on Internet Relay Chat channels.



[19] Dick Thornburgh and Herbert S. Lin, editors, Youth, Pornography, 

and The Internet, National Academy Press (Washington, D.C.: 2002). 

(http://www.nap.edu/html/youth_internet/)



[20] Michael D. Mehta, “Pornography in Usenet: A Study of 9,800 

Randomly Selected Images,” CyberPsychology and Behavior, vol. 4, no. 6 

(2001).



[21] According to the Yankee Group, a technology research and 

consulting firm, Internet users aged 14 and older downloaded 5.16 

billion audio files in the United States via unlicensed file-sharing 

services in 2001.



[22] Minority Staff, Children’s Access to Pornography through Internet 

File-Sharing Programs, Special Investigations Division, Committee on 

Government Reform, U.S. House of Representatives (July 27, 2001). 

(http://www.house.gov/reform/min/pdfs/pdf_inves/pdf_pornog_rep.pdf)



[23] Michael D. Mehta, Don Best, and Nancy Poon, “Peer-to-Peer Sharing 

on the Internet: An Analysis of How Gnutella Networks Are Used to 

Distribute Pornographic Material,” Canadian Journal of Law and 

Technology, vol. 1, no. 1 (January 2002). (http://cjlt.dal.ca/vol1_no1/

articles/01_01_MeBePo_gnutella.pdf)



[24] In commenting on our report, the Secret Service noted that its 

staff assigned to NCMEC include analysts and an agent.



[25] Two additional Justice agencies are involved in combating child 

pornography: the U.S. Attorneys Offices and the Office of Juvenile 

Justice and Delinquency Prevention. The 94 U.S. Attorneys Offices can 

prosecute federal child exploitation-related cases; the Office of 

Juvenile Justice and Delinquency Prevention funds the Internet Crimes 

Against Children Task Force Program, which encourages 

multijurisdictional and multiagency responses to crimes against 

children involving the Internet.



[26] Under the Homeland Security Act of 2002, the Customs Service is to 

become part of the new Department of Homeland Security.



[27] U.S. General Accounting Office, Combating Child Pornography: 

Federal Agencies Coordinate Law Enforcement Efforts, but an Opportunity 

Exists for Further Enhancements, GAO-03-272 (Washington, D.C.: Nov. 29, 

2002).



[28] The 12 keywords were provided by the Cybersmuggling Center as 

examples known to be associated with child pornography on the Internet.



[29] We categorized a file as child pornography if one keyword 

indicating a minor and one word with a sexual connotation occurred in 

either the title or file name. Files with sexual connotation in title 

or name but without age indicators were classified as adult 

pornography.



[30] 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.



[31] According to federal law enforcement agencies, most of the child 

pornography published before 1970 has been digitized and made widely 

available on the Internet.



[32] One million dollars has already been spent on the system, with an 

additional $5 million needed for additional hardware, the expansion of 

the image database, and access for all involved agencies. The 10-year 

lifecycle cost of the system is estimated to be $23 million.



[33] Matei Ripenau, Ian Foster, and Adriana Iamnitchi, “Mapping the 

Gnutella Network: Properties of Large Scale Peer-to-Peer Systems and 

Implication for System Design,” IEEE Internet Computing, vol. 6, no. 1 

(January-February 2002). (people.cs.uchicago.edu/~matei/PAPERS/ic.pdf)



[34] Zeropaid.com, a file-sharing portal, lists 88 different peer-to-

peer file-sharing programs available for download. (http://

www.zeropaid.com/php/filesharing.php)



[35] Geoffrey Fox and Shrideep Pallickara, “Peer-to-Peer Interactions 

in Web Brokering Systems,” Ubiquity, vol. 3, no. 15 (May 28-June 3, 

2002) (published by Association of Computer Machinery). (http://

www.acm.org/ubiquity/views/g_fox_2.html)



[36] Illustration adapted by Lt. Col. Mark Bontrager from original by 

Bob Knighten, “Peer-to-Peer Computing,” briefing to Peer-to-Peer 

Working Groups (August 24, 2000), in Mark D. Bontrager, Peering into 

the Future: Peer-to-Peer Technology as a Model for Distributed Joint 

Battlespace Intelligence Dissemination and Operational Tasking, 

Thesis, School of Advanced Airpower Studies, Air University, Maxwell 

Air Force Base, Alabama (June 2001). 



[37] According to LimeWire LLC, the developer of a popular file-sharing 

program, Gnutella was originally designed by Nullsoft, a subsidiary of 

America Online. The development of the Gnutella protocol was halted by 

AOL management shortly after the protocol was made available to the 

public. Using downloads, programmers reverse-engineered the software 

and created their own Gnutella software packages. (http://

www.limewire.com/index.jsp/p2p)



[38] A&M Records v. Napster, 114 F.Supp.2d 896 (N.D. Cal. 2000).



[39] Lydia Leong, “RIAA vs.Verizon, Implications for ISPs,” Gartner 

(Oct. 24, 2002).



[40] LimeWire, Modern Peer-to-Peer File Sharing over the Internet. 

(http://www.limewire.com/index.jsp/p2p)



[41] S. Hayward and R. Batchelder, “Peer-to-Peer: Something Old, 

Something New,” Gartner (Apr. 10, 2001). 



[42] Peer-to-peer users may appear to be but are not anonymous. Law 

enforcement agents may identify users’ Internet addresses during the 

file-sharing process and obtain, under a court order, their identities 

from their Internet service providers.



[43] Mihajlo A. Jovanovic, Fred S. Annexstein, and Kenneth A. Berman, 

Scalability Issues in Large Peer-to-Peer Networks: A Case Study of 

Gnutella, University of Cincinnati Technical Report (2001). (http://

www.ececs.uc.edu/~mjovanov/Research/paper.html)



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