Actress and Advocate, Jada Pinkett Smith, Minh Dang, Deputy Attorney General James Cole and Withelma "T" Ortiz-Macey met to discuss human trafficking.

Deputy Attorney General James Cole met with Jada Pinkett Smith last week to discuss the department’s extensive efforts to end human trafficking.  Ms. Pinkett Smith founded the organization, Don’t Sell Bodies, to raise awareness about this global epidemic and advocate for victims of trafficking. Ms. Pinkett Smith was joined by former trafficking victims who now work to raise awareness and eliminate human trafficking, including Minh Dang and Withelma “T” Ortiz-Macey, Glamour magazine’s 2011 Woman of the Year. 

During the meeting the group discussed remarks made by Deputy Cole before the INTERPOL General Assembly in Italy earlier this month, which largely focused on the department’s myriad of efforts to combat trafficking, including the links between transnational organized crime and human trafficking and the department’s prosecution and training efforts in this area. 

Deputy Attorney General Cole greets Jada Pinkett Smith and her colleagues who are advocating for an end to human trafficking.

Human trafficking cases are prosecuted by several Department of Justice components, including the Civil Rights Division and its specialized Human Trafficking Prosecution Unit, the Criminal Division through the Child Exploitation and Obscenity Section, and individual U.S. Attorney’s Offices. These cases are investigated by the Federal Bureau of Investigation, the Department of Homeland Security’s Immigration and Customs Enforcement/Homeland Security Investigations, and partners at the Departments of Labor and State.

Jada Pinkett Smith meets with Deputy Attorney General James Cole.

In recent years we have demonstrated unprecedented success in fighting both labor and sex trafficking. We are bringing a record number of federal cases, while at the same time, more states than ever before have passed their own anti-trafficking laws. The department has increased the number of human trafficking prosecutions by more than 30 percent in forced labor and adult sex trafficking cases, while also increasing the number of convictions in Innocence Lost National Initiative cases by 30 percent.

Working with federal, state, local, and international law enforcement agencies, we recently secured the longest sentence ever imposed in a forced labor case. In United States v. Botsvynyuk, the lead defendant was sentenced to life in prison plus twenty years, and his co-conspirator was sentenced to twenty years, for their respective roles in an organized human trafficking scheme that held its victims in forced labor on cleaning crews in and around Philadelphia, Pennsylvania.

Just over a year ago, we initiated a pilot project of multi-agency Anti-Trafficking Coordination Teams (ACTeams) in six judicial districts in the United States. These task forces will prove the value of interagency coordination to address the scourge of human trafficking. In addition to the ACTeams, each U.S. Attorney now participates in some form of anti-trafficking task force.

In addition to our own federal prosecutions, the department’s grant making components are funding state and local law enforcement agencies and victim services organizations to support multidisciplinary, victim-centered task forces dedicated to investigating trafficking crimes and providing culturally-competent assistance to victims.

By taking a multi-disciplinary approach to combating human trafficking and working with our federal, state local and nonprofit partners we can ensure that victims obtain the services that they need and that offenders are prosecuted and sentenced to lengthy jail sentences.

Amidst a continuing increase in national security-related cyber attacks and intrusions targeting America, the National Security Division (NSD), in partnership with the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and U.S. Attorney’s Offices across the country, last week launched a new, nationwide program focused on combating cyber-based terrorism and state sponsored computer intrusions. 

Federal prosecutors from around the country convened at Justice Department headquarters from November 7-9 for the inaugural meeting of the National Security Cyber Specialists – or NSCS – network, to receive specialized training and discuss new strategies for combating cyber threats to national security.  The NSCS network, which consists of nearly 100 prosecutors from U.S. Attorney’s Offices nationwide and cyber experts from NSD and CCIPS, is a new tool in the government’s cyber tool kit and a critical part of the department’s efforts to better address cyber intrusions and attacks carried out by nation states or terrorist organizations.

Where attacks against America’s digital infrastructure were once primarily the work of criminal hackers and others seeking profit or acclaim, today, national security threat actors are also increasingly looking for opportunities to exploit cyberspace to achieve their objectives.  Numerous sophisticated state actors are known to be using the internet for espionage and cyber intrusions targeting America’s vital military and economic secrets.  And while terrorists have yet to launch a major cyber attack against this country, they have already used the internet to facilitate bomb plots  against the United States, and have exhorted individuals with cyber expertise to exploit U.S. cyber vulnerabilities — weaknesses they liken to the vulnerability of U.S. airline security before September 11.

Lisa Monaco, Assistant Attorney General for National Security, said at a cyber conference last month in Seattle:

 “We often think of national security threats, like that of a catastrophic terrorist attack, as questions about prevention. But the cyber threat is not simply looming – it is here.  It is present and growing.”

The NSCS network is a creation of the Justice Department’s NSD, working in partnership with CCIPS, the Cybercrime and Intellectual Property Enforcement Subcommittee of the Attorney General’s Advisory Committee, and the U.S. Attorney community.  Recognizing the emerging cyber threat from nation states and terrorists, and building on the groundwork laid by CCIPS and the Computer Hacking and Intellectual Property coordinators in combating cyber crimes, last year NSD undertook a comprehensive review of its cyber-related efforts to determine how it could contribute most to U.S. efforts to combat cyber threats to national security. 

In April 2012, the division completed its review and charted short- and long-term goals, which included as a top priority the creation of a nationwide network of headquarters and field personnel trained and equipped to handle national security-related cyber issues.  In June of this year, NSD established the NSCS at Justice Department headquarters by bringing together individuals from across NSD and CCIPS to work collaboratively on cyber national security issues and to serve as a one-stop shop for prosecutors and agents around the country when they learn of national security-related cyber intrusions and for reporting from private sector entities.  The headquarters component of the network is intended to harness talent and expertise from across the Department to attack these problems from all angles and identify possible case overlaps and potential leads. 

To build upon the steps taken at headquarters, in July 2012, each of the 93 U.S. Attorney’s Offices designated one or more cleared attorneys to act as force multipliers, broadening the network’s reach.  U.S. Attorneys will also play a critical role in the network, leading the engagement of their particular districts.  Drawing on the FBI’s Joint Terrorism Task Force model, which has been successful in the counterterrorism realm, this network will improve the flow of national security cyber information to and from offices around the country.

To equip this large cyber cadre in how to best address these new threats, the department has developed and carried out extensive training.  Last week’s inaugural NSCS conference covered topics ranging from digital evidence, to the Foreign Intelligence Surveillance Act, to current threat trends, to common challenges in combating national security cyber threats specifically.  Underscoring the importance of this mission, Attorney General Eric Holder, FBI Director Robert Mueller, Assistant Attorney General Monaco, and others from the department and the FBI addressed the network throughout the three-day conference.  This event followed specialized training by NSD and CCIPS in October for all members of the NSCS network at Justice Department headquarters, and a more general training on basic cyber issues for approximately another 100 headquarters attorneys.

With the network built, the department will be able to accelerate some of the national security cyber work that has been ongoing since NSD’s cyber review.  In particular, the network will help strengthen partnerships between the department and agencies across the U.S. government, including the Department of Homeland Security, the Department of Defense, and various elements of the Intelligence Community.  The network also will work particularly closely with the FBI’s National Cyber Investigative Joint Task Force (NCIJTF) to help preserve all intelligence collection, prevention, disruption and response options for cyber national security threats.  NSD has already installed a dedicated liaison to NCIJTF.  In addition, the NSCS network will be increasing its outreach to the private sector to engage businesses and individuals in the cyber discussion and help prevent attacks and intrusions.  Through these private sector alliances, the network will gain a better understanding of private sector cyber security concerns.

Going forward, the NSCS network is focused on ensuring a whole-of-government and all-tools approach to combating cyber threats to national security.  The network will be working to bring investigations and prosecutions as viable options for deterrence and disruption as part of the government-wide response to these threats.  The network will also be advising and consulting other parts of the government in the use of additional tools to counter these threats.

As Assistant Attorney General Monaco stated last month in Seattle:

 “The diversity of cyber threats and threat actors demands a diverse response.  This nation has many tools – intelligence, law enforcement, military, diplomatic, and economic – at its collective disposal, as well as deep and diverse expertise.  The trick is in harnessing our collective resources to work effectively together.” 

Through the creation of the NSCS network, the department is ensuring that the full power of its collective resources is brought to bear against national security cyber threats.

In remarks presented today at a meeting of the Intellectual Property Rights Patent Committee of the American National Standards Institute in Washington, D.C., Deputy Assistant Attorney General Renata Hesse of the Department of Justice’s Antitrust Division said:

“Standards are an important engine driving our modern economy and the Antitrust Division is working to promote the adoption of procompetitive patent policies by organizations that set standards (SSOs).”

These policies often include a commitment to license patents essential to a standard on RAND (reasonable and non-discriminatory) or FRAND (fair, reasonable and non-discriminatory) terms.  F/RAND commitments however, are often ambiguous.  The Antitrust Division has proposed several ways in which SSOs could revise their patent policies to make them less ambiguous, changes which would promote competition.

The proposals range from placing some limitations on the right of the patent holder who has made a F/RAND commitment to seek an injunction to making improvements to lower the transactions cost of determining F/RAND licensing terms.  See Six “Small” Proposals for SSOs before Lunch (Oct. 2012) (PDF) for more information.

Reaction to the division’s proposals has been positive.  The division is aware that it takes time for many SSOs and their members to change intellectual property policies, particularly those that are governed by a consensus process.   Some participating in the standard-setting process have been concerned that discussing changes to SSO policies regarding the meaning of a F/RAND commitment could violate antitrust laws.

In her remarks, Hesse provided guidance on how SSOs and their members may avoid antitrust liability when discussing intellectual property policies designed to reduce the threat of hold up after a standard is set. Merely discussing a proposed rule change, she said, would not violate U.S. antitrust laws.  Moreover, the division evaluates SSO rules designed to mitigate hold up after a standard is set under the rule of reason, taking into account both the procompetitive efficiencies such rules engender as well as any harms to competition.  Hesse said that the division would condemn sham SSO rules and sham implementation of SSO rules as per se naked restraints of trade.

On November 5th, Deputy Attorney General James M. Cole addressed the 81^st INTERPOL Ministerial and General Assembly meeting in Rome, Italy. This gathering of INTERPOL member countries marked an important opportunity to recognize joint achievements, build relationships, discuss issues critical to our domestic and global security, and develop a path forward on international law enforcement.

Deputy Attorney General Cole noted the unprecedented level of cooperation between INTERPOL member countries which has led to the development of critical law enforcement tools of 24/7 communication, information sharing and coordinated responses.  He also emphasized two important areas that would benefit greatly from INTERPOL’s continued leadership and support and member countries’ investment, vigilance and cooperation: Transnational Organized Crime and Human Trafficking.

 “Transnational organized crime poses a significant and growing threat to the security of each of our nations (and citizens) and the international community as a whole.  Not only are criminal networks expanding, but they are also diversifying their activities – with dire implications for public safety, public health, democratic institutions and, in this already tough economic climate, the financial stability of nations across the globe.  The United Nations estimates that, in 2009, transnational organized criminal activities generated $870 billion in illegal proceeds – equivalent to almost 7 percent of world exports.” 

To respond to the threat of transnational organized crime, Deputy Attorney General Cole called for a “whole-of-government approach” focused on coordinating resources and expertise: 

“We realized that law enforcement measures alone would not fully counter the threat of transnational organized crime.  Included in this approach was: the work of our Department of the Treasury to impose financial sanctions on major transnational organized crime groups and individuals; and the work of our Department of State to deny entry to the United States to transnational criminal aliens and others who have been targeted for financial sanctions.  As a direct result of these actions, five transnational organized crime groups that span the globe already have been subjected to these crippling financial sanctions.”

Deputy Attorney General Cole also stressed the need for “enhanced global attention and a unified law enforcement response” to fight against human trafficking:

“One of the greatest horrors of this crime is that traffickers view their victims as nothing more than a commodity, something that can be bought and sold, or simply taken, and eventually discarded… This crime can take many forms. It is the young woman who moves to another country for the promise of a new life – but instead finds herself enslaved and repeatedly sold for sex. Or the child who ran away from home and finds herself in the same situation because, in desperate need, she accepted help from the wrong person.” 

Although the specific details may differ, these heinous crimes often have two common elements.  First, human trafficking  is hidden in plain sight – behind the veil of a prostitution offense, a domestic abuse incident, a physical or sexual assault, a labor dispute, or an immigration crime.  Second, victims are often traumatized, and can be weary of – and reluctant to corporate with – law enforcement officials for fear of repercussions from their captors. This is why educating first responders about the factors that may indicate a potential human trafficking offense is a critical step in improving our ability to identify and help trafficking victims. 

In front of an international audience, Deputy Attorney General Cole reaffirmed the U.S. commitment to preventing and fighting human trafficking in all of its forms. Last year, the department set a new record in the number of defendants charged in human trafficking cases. Additionally, over the last three years, there has been a 30 percent increase in the number of forced labor and human trafficking cases charged. 

The United States has also partnered with law enforcement officials from Mexico and Ukraine, to Germany and Canada to dismantle sex traffic networks and successfully bring perpetrators behinds these crimes to justice. This work – which showcases the value of engaging in global partnerships to combat human trafficking –sends an unmistakable message: we will relentlessly pursue those who trade in the misery of other human beings and we will rescue their victims and bring the perpetrators to justice.

However, these efforts are only the beginning. To successfully combat human trafficking, as Deputy Attorney General said, “prosecution alone is not the answer,” which is why we are bringing a renewed focus to preventative measures like:

• Prevention through prosecution of trafficking rings before they can ensnare other victims;
• prevention through deterrence so that our prosecutions dissuade others who may consider engaging in this crime;
• prevention through public awareness; and, lastly,
• prevention through the education of potential victims who, driven by fear, poverty, or lack of education, often unwittingly place their lives in the hands of exploitative traffickers.

No single country or law enforcement agency has the power, or the means, to tackle the global criminal enterprises we face.  Only by communicating effectively, sharing intelligence and combining resources – within our own governments and with our law enforcement partners around the globe – can we truly understand current and emerging trends and build effective strategies to anticipate, combat and put an end to these crimes. 

The following post appears courtesy of Mary Lou Leary, Acting Assistant Attorney General for the Office of Justice Programs

Last week the Office of Justice Programs (OJP) and the National Center for Missing and Exploited Children (NCMEC) welcomed Google into the AMBER alert network.  This innovative and exciting new partnership will provide real-time AMBER Alert updates to users of Google Map and Google Search features.  Because we know a child’s chances for a safe recovery are greater when resources are mobilized quickly, Google Public Alerts will help to ensure a rapid response in the first critical hours after a child goes missing.

As most people know, AMBER alert is a notification system for abducted children.  It began in 1996 in response to the abduction and murder of a nine-year-old girl in Texas named Amber Hagerman.  So AMBER is eponymous, but it’s also an acronym – it stands for America’s Missing: Broadcast Emergency Response. To date, 591 abducted children have been recovered and brought safely home through AMBER Alerts.

AMBER Alert started as a partnership among law enforcement, broadcasters, and transportation agencies and later expanded to include other groups in what we call a “secondary distribution network,” which allows us to target AMBER Alerts to specific areas and to reach citizens directly.   Radio and TV, lottery and highway signs, airports and truck stops, Yahoo, Facebook and AOL, are all part of the AMBER Alert system of getting information about a missing child to people in the very locality in which she was abducted or last seen.  Federal partners such as the FBI, US Marshals Service, ICE and others are part of the team too.  Now Google, through its Crisis Response/Disaster Relief projects becomes another critical ingredient in our mission to keep our children safe.

What’s so exciting – and innovative – about secondary distribution is that it relies on partnerships between public and private entities.  The collaboration with Google builds on that work, and is particularly encouraging in the case of abducted children because we know the safety of our children is an issue we all care about.  Our partnership with Google is a premier example of the great ventures that result when public and private groups pool their resources and ideas.

I have the privilege of serving as the National AMBER Alert Coordinator, and OJP, through our Office of Juvenile Justice and Delinquency Prevention, is the lead federal office responsible for supporting AMBER activities with our public safety partners.  I am tremendously excited about this effort – and about the opportunities this creates for citizens to assist law enforcement in their recovery efforts.   We are deeply grateful to Google for their commitment, to NCMEC for their partnership and for all our work together securing the safety of America’s children.

The following post appears courtesy of the U.S. Attorney’s Office for the Western District of Washington. 

Speaking at the 2012 Cybercrime Conference hosted by U.S. Attorney Jenny A. Durkan of the Western District of Washington, the head of the Justice Department’s National Security Division, Assistant Attorney General Lisa Monaco, reiterated to an audience that threats posed through cyberspace are expected – in the not too distant future – to become the number one threat to our nation’s security.

In the lead panel entitled “Cyberthreats and National Security: A Convergence,” Assistant Attorney General Monaco described how the internet is being used not only to facilitate bomb plots and other terrorist operations targeting the United States, but is also being used for espionage and cyber intrusions aimed at obtaining American economic, commercial or trade secrets. 

Assistant Attorney General Monaco:

“There is no such thing as a local cybercrime. The hacker has probably touched three continents before he skims your bank account.”

U.S. Attorney Durkan spoke about the evolving threat of cybercrime, and about the steps taken by the Justice Department and their international partners:

“Cyber threats are rapidly evolving.  They impact our daily lives, our economy and our personal and national security.  We will use every means to detect, disrupt and defend against this growing problem. Fortunately, we are bringing the right people with better tools to the fight.  To confront the cyber threats we need to ensure that law enforcement, private industry and our international partners are sharing information, working together and coordinating responses.” 

Both Hugh Dunleavy, Deputy Assistant Director of the U.S. Secret Service, and James Burrell, Deputy Assistant Director of the FBI’s Cyber Division, described how “hackers for hire” can be used by nation states to attack the U.S. and American industries.  Most of the data breaches occur through servers and more than two-thirds of the breaches are traced to hackers in Europe.  All the members of the panel agreed it is critical to have international relations in place to be able to investigate and prosecute cyber criminals.

U.S. Attorney Durkan is Chair of a department committee on Cybercrime and Intellectual Property Enforcement.  The Cybercrime Conference is an annual event bringing together leaders in technology from the private sector, government and law enforcement.

The conference, held in Seattle last week, was attended by more than 200 people and touched on a variety of issues.  Some of the panel discussions are summarized here:

In Privacy Under Attack: Government or Industry, and the Need for a Privacy Bill of Rights, five experienced panelists discussed the changing landscape of privacy rights and protections in an age dominated by social media and mobile devices filled with apps that collect users’ personal information.  While the panelists all agreed that “Big Data” is a modern reality, they debated how to best maximize its uses while minimizing intrusions on personal privacy.  The debate included a robust discussion of how and when consumers should be notified that their information is being gathered, and how their consent should be obtained to use that information.

In Computer Searches in the New Millennium: the Collision between the Fourth Amendment and Computer Forensics, the panel reviewed the Ninth Circuit’s landmark decision in United States v. Comprehensive Drug Testing, and debated the need for special rules governing the execution of search warrants on computers, and whether such rules are required under the Fourth Amendment.  The panel also discussed the efficacy and practicality of such rules in the context of computer forensics.

In Getting Ahead: Joint Cooperation in Response to and Prevention of Cyberthreats, panelists discussed implementing better methods of sharing information between researchers, law enforcement, and industry in an effort to assist in identifying threats, mitigating the harm caused by cyberattacks, and bringing the wrongdoers to justice, with a special focus on several of the practical and legal limitations on such information sharing. 

For more information on cyber crime, visit the FBI Cyber Crime Information web page or File a Complaint with the Internet Crimes Complaint Center.