Good
Morning Chairman Stearns, and other members of the Subcommittee. On behalf of
the FBI, I would like to thank you for this opportunity to address the FBI's role
in combating the exploitation of children through the use of Peer-to-Peer networks.
The FBI's Innocent
Images National Initiative is comprised of twenty-eight Under-Cover Operations.
These operations involve FBI Agents on-line in an undercover capacity to seek
child predators and individuals responsible for the production, dissemination,
and possession of child pornography. This is accomplished by using a variety of
techniques, to include purchasing child pornography from commercial web sites,
creating on-line personas to chat in predicated chat rooms, and co-opting predators'
e-mail accounts. Innocent Images has grown exponentially between fiscal year 1996
and 2003 with a 2050% increase in cases opened (113 to 2430). Between fiscal year
1996 and 2003, Innocent Images has recorded over 10,510 cases opened.
Recently,
Peer-to-Peer networks were identified as a growing problem in the dissemination
of child pornography. A GAO report published in September of 2003 indicated a
four-fold increase in reports complaining of child pornography in Peer-to-Peer
networks. In 2001, the FBI received 156 complaints about child pornography in
Peer-to-Peer networks. By 2002, the number of complaints had risen to 757. This
increase may be attributable to, among other things, the popularity of Peer-to
Peer networks, as well as the overall increase of child pornography available
on the Internet. These programs are free and are easy to install. In May of 2003,
Sharman Networks, the developer of a very popular file sharing program, reported
that their software had been downloaded more than 230 million times. This software
and other file sharing programs like it, allow users to share files with anyone
on the network. This creates an environment of relative anonymity amongst users
however, this anonymity is only perceived, users are not truly anonymous.
Using
Peer-to-Peer software, users' computers connect directly to one another to share
files, without going through a central server. Nevertheless, each time a computer
accesses the Internet, it is associated with an internet protocol, or "IP" address.
Therefore, despite the fact that a Peer-to-Peer connection is not facilitated
by a central server, users can still be identified in real time by the IP addresses
associated with their computers.
IP
addresses are the only way to definitively identify a particular user on a Peer-to-Peer
network. In this environment, users of Peer-to-Peer often believe they are anonymous.
There is some degree of truth in this assertion as peers in these networks are
anonymous to each other. That being said, they are NOT anonymous to law enforcement.
Through the use of covert investigative techniques and administrative subpoenas,
Agents can determine which individual users possess and distribute child pornography
over these networks. Utilizing search warrants, interviews, and computer forensic
tools, Agents can strengthen their cases and these individuals are eventually
indicted and prosecuted.
During
the initial phases of several Peer-to-Peer investigations, Agents have determined
Peer-to Peer networks are one of many Internet havens for the open distribution
of child pornography. Several of the individuals using Peer-to-Peer networks to
distribute child pornography openly describe the content of the material they
share as "illegal." This further contributes to the feeling of anonymity in these
networks and leads users to become even more brazen in their conduct.
To
combat this, the FBI has created an investigative protocol for Peer-to-Peer investigations
to begin aggressively apprehending offenders. After developing a Peer-to-Peer
investigative protocol with the Department of Justice's Child Exploitation and
Obscenity Section, a number of cases were initiated to determine the technique's
viability. Detailed discussion of these cases could possible jeopardize ongoing
investigations, however, I would like to assure this subcommittee that the FBI
is aggressively pursuing the trading of child pornography on Peer-to-Peer networks.
In these investigations,
Agents have found child pornography to be readily available using the most basic
of search terms. Often, child pornography was easily available when innocuous
search terms were used, such as 'Brittney Spears' or the word 'young'.
Additionally,
the FBI is exploring the possibility of working with Peer-to-Peer software clients
to allow them to more effectively warn users against the possession, distribution,
or production of child pornography. These industry members may also be interested
in placing icons or a pop-up link from their home page regarding subjects wanted
by the FBI for exploitation of children by use of the Internet.
While
these efforts may not prevent someone from downloading the material in question,
it will put the user on notice that they are, more than likely, violating the
law. These efforts will also assist investigations as it will eliminate the ability
of the subject to claim ignorance of the law.
In
closing, the FBI looks forward to working with other Law Enforcement agencies,
private industry, and the Department of Justice in continuing to combat this major
crime problem. The protection of our children requires the combined efforts of
all sectors of our society. I would like to thank chairman Stearns and the committee
for the privilege to appear before you and for your interest in this major crime
problem.
