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Enforcement Efforts, but an Opportunity Exists for Further Enhancement' 
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Report to the Ranking Minority Member, Committee on Government Reform, 

House of Representatives:

United States General Accounting Office:

GAO:

November 2002:

Combating Child Pornography:

Federal Agencies Coordinate Law Enforcement Efforts, but an Opportunity 

Exists for Further Enhancement:

GAO-03-272:

GAO Highlights:

Highlights of GAO-03-272, a report to the Ranking Minority Member, 

Committee on Government Reform, House of Representatives:

November 2002: 

Combatting Child Pornography:

Federal Agencies Coordinate Law Enforcement Efforts, but an Opportunity 

Exists for Further Enhancement

Why GAO Did This Study:

The trafficking of child pornography through increasingly sophisticated 

electronic media, including Internet chat rooms, newsgroups, and peer-
to-

peer networks, has made such images more readily accessible. These 

technological advances have created more challenges for law 
enforcement, 

including requiring effective coordination to combat this crime. The 

federal law enforcement agencies that play a role in investigating 

child pornography are the FBI, Customs, Postal Inspection Service, 

and Secret Service.  

This report provides information on the coordination of federal efforts 

to combat child pornography.  Specifically, it (1) identifies 

mechanisms 

federal agencies have in place to combat child pornography and (2) 

provides 

information on an opportunity to further enhance coordination among 

federal 

law enforcement agencies.

To further enhance coordination of key law enforcement agencies 
efforts 

to combat child pornography, GAO recommends that the Attorney General 

include the Postal Inspection Service and Secret Service, as well as 
the 

FBI and Customs as agencies designated to receive direct access to 
child 

pornography tips reported to NCMEC by remote computing or electronic 

communication service providers.

What GAO Found:

Federal agencies responsible for combating child pornography have 

various coordination mechanisms in place for combating this crime. 

These coordinated efforts have contributed to increases in the number 

of federal child pornography cases prosecuted over the past 5 years. 

Federal coordination mechanisms to combat child pornography include:

* monthly meetings of officials from key federal law enforcement 
agencies,

* Justice attorneys efforts to coordinate and consolidate prosecution 
of 

cases,

* multiple federal task forces to coordinate services and investigative 

activities,

* national program for sharing images of exploited children among law 

enforcement agencies, and

* National Center for Missing and Exploited Children (NCMEC) provides 

child pornography tips to designated law enforcement agencies.

Although law enforcement officials and leading communication service 

providers generally view current coordination mechanisms as effective, 

an opportunity exists to further enhance information sharing. Remote 

computing and electronic communication service providers are mandated 

under the Protection of Children from Sexual Predators Act of 1998 to 

report all instances of child pornography to NCMEC. Currently, FBI and 

Customs have direct access to these child pornography-related tips 

reported to NCMEC by communication service providers. Despite their 
role 

in combating child pornography, the Postal Inspection Service and the 

Secret Service lack direct access to these reports. 

Representatives from the Customs Service, Postal Inspection Service, 

and Secret Service reviewed a draft of this report and concurred with 

the information presented in the report. However, Justice in its 
official 

comments believed that GAOs recommendation for more tip sharing was 

unnecessary, but agreed to continue to study the issue.

Figure: 

[See PDF for image]

[End of figure]

What GAO Recommends:

To further enhance coordination of key law enforcement agencies 

efforts to combat child pornography, GAO recommends that the Attorney

General include the Postal Inspection Service and Secret Service, as 

well as the FBI and Customs as agencies designated to receive direct 

access to child pornography tips reported to NCMEC by remote computing 

or electronic communication service providers.

www.gao.gov/cgi-bin/getrpt?GAO-03-272.

To view the full report, including the scope and methodology, click 

on the link above. For more information, contact Laurie Ekstrand on 

(202) 512-8777 or ekstrandL@gao.gov.

Contents:

Letter:

Results in Brief:

Background:

Mechanisms in Place Have Coordinated Federal Efforts:

Opportunity Exists to Further Enhance Coordination:

Conclusions:

Recommendation for Executive Action:

Agency Comments and Our Evaluation:

Appendix I: Objectives, Scope, and Methodology:

Appendix II: Key Federal Agencies and Federally Funded 

Entities Involved in Combating Child Pornography:

U.S. Department of Justice:

U.S. Department of Treasury:

U.S. Postal Service:

Federal Agency Task Force on Missing and Exploited Children:

National Center for Missing and Exploited Children:

Appendix III: Federal Law Enforcement Agencies Child 

Pornography-Related Caseload:

Appendix IV: GAO Contacts and Staff Acknowledgments:

GAO Contacts:

Staff Acknowledgments:

Tables:

Table 1: Federal Agencies Involved in Combating Child Pornography:

Table 2: Agencies Participating in the Federal Agency Task Force for 

Missing and Exploited Children:

Figures:

Figure 1: Federal Child Pornography Cases Prosecuted by Fiscal Year:

Figure 2: NCMECs Exploited Child Unit:

Figure 3: FBI Personnel Dedicated for Combating Child Exploitation:

Figure 4: FBI Funds Obligated for Combating Child Exploitation:

Figure 5: CEOS Personnel Dedicated for Combating Child Exploitation and 

Obscenity Offenses:

Figure 6: CEOS Funds Obligated for Combating Federal Child Exploitation 

and Obscenity Offenses:

Figure 7: OJJDP Grants to ICAC Task Forces:

Figure 8: Hours Spent by Customs Agents on Child Exploitation 

Investigations:

Figure 9: Customs Estimated Child Exploitation Obligations:

Figure 10: Postal Inspectors Assigned to Child Exploitation 

Investigations:

Figure 11: Postal Inspection Service Funds Obligated for Combating 

Child Exploitation:

Figure 12: Child Exploitation Cases Opened by the FBI:

Figure 13: Customs Arrests for Child Exploitation:

Figure 14: Postal Inspection Service Arrests for Child Pornography:

Figure 15: Secret Service Cyber Tips Processed:

Figure 16: Secret Service Field Office Child Pornography Investigative 

Caseload:

Abbreviations:

FBI: Federal Bureau of Investigation:

CEOS: Child Exploitation and Obscenity Section:

DOJ: Department of Justice:

ECU: Exploited Child Unit:

EOUSA: Executive Office for United States Attorneys:

ICAC: Internet Crimes Against Children:

NCMEC: National Center for Missing and Exploited Children:

OJJDP: Office of Juvenile Justice and Delinquency Prevention:

USAO: United States Attorneys Office:

Letter:

November 29, 2002:

The Honorable Henry A. Waxman

Ranking Minority Member

Committee on Government Reform

House of Representatives:

The Internet, while changing the way our society communicates, has also 

changed the nature of many crimes, including child pornography. Child 

pornography, as defined by the Supreme Court, is material that 

visually depict[s] sexual conduct by children below a specified 

age.[Footnote 1] The trafficking of child pornography through 

increasingly sophisticated electronic media, including Internet chat 

rooms, newsgroups, and peer-to-peer networks,[Footnote 2] has made 

these images more readily accessible. Multiple federal agencies play 

roles in combating child pornography, many of them as a part of an 

overall effort to combat child exploitation in general.[Footnote 3] 

Additionally, state and local law enforcement agencies may also have 

jurisdiction over certain child exploitation cases and may work 

collaboratively with federal agencies to combat child pornography. 

While technology has created more challenges for law enforcement, it 

also requires federal agencies to coordinate efforts to work well 

together in identifying crimes, targeting suspects, investigating 

cases, and gathering evidence.

This report responds to your request that we assess the coordination of 

federal efforts to combat child pornography. As agreed with your 

office, our objectives for this report were to (1) identify mechanisms 

federal agencies have in place to coordinate their efforts to combat 

child pornography and (2) determine whether opportunities exist to 

enhance coordination among federal law enforcement agencies. To achieve 

these objectives, among other things, we (1) interviewed appropriate 

officials from federal agencies involved in combating child 

pornography; the private sector, including a nonprofit organization; 

and leading electronic communications companies; (2) collected 

budgetary, resource allocation, and caseload data from each of the key 

federal agencies involved in combating child pornography; and (3) 

reviewed child pornography cases involving multiple federal agencies. 

We limited our scope to the domestic efforts of key federal law 

enforcement agencies involved in combating child pornography. We do not 

address coordination of federal agencies with state and local efforts. 

For additional detail on our objectives, scope, and methodology, see 

appendix I.

Results in Brief:

Federal agencies have various mechanisms in place to coordinate their 

efforts to combat child pornography. These include, (1) monthly 

meetings of officials from key federal agencies involved in combating 

child pornography; (2) the sharing of expertise among federal 

prosecutors and the consolidation of federal investigative efforts; (3) 

task forces to coordinate federal investigative activities; (4) a 

national program to facilitate the sharing of images of exploited 

children among federal agencies working to combat child pornography; 

and (5) the federally sponsored National Center for Missing and 

Exploited Children (NCMEC) that, among other things, serves as a 

mechanism to coordinate child pornography tips among federal law 

enforcement agencies.

Although these coordination efforts are working well, some improvements 

to information sharing can be made. Agency officials we interviewed 

involved in combating child pornography view federal coordination 

efforts to combat this crime as effective. Specifically, the federal 

law enforcement agencies with primary jurisdiction in the area of child 

pornography (Department of Justice (DOJ), Federal Bureau of 

Investigation (FBI), 

U.S. Customs Service, and the U.S. Postal Inspection Service) generally 

view their current coordination mechanisms as effective.[Footnote 4] In 

addition, three of the leading electronic communications service 

providers, including two of the largest Internet service providers, 

report no significant problems with the coordination of federal law 

enforcement efforts. These entities report that it has been rare that 

they receive duplicate subpoenas from the federal law enforcement 

community relating to the same investigation. However, an opportunity 

exists to improve information sharing that could further enhance 

federal coordination efforts. Not all relevant federal agencies have 

direct access to child pornography-related tips reported to NCMEC by 

remote computing service and electronic communication service 

providers[Footnote 5] under the Protection of Children from Sexual 

Predators Act of 1998. To obtain direct access, the agency must be 

designated by the Attorney General.

We make a recommendation in this report regarding the designation of 

additional federal agencies to receive direct access to child 

pornography tips reported to NCMEC by remote computing service and 

electronic communication service providers:

We provided a draft of this report to the Attorney General, Secretary 

of the Treasury, and the Chief of the Postal Inspection Service for 

comment. Officials from the Customs Service, U.S. Postal Inspection 

Service, and Secret Service generally agreed with the reports findings 

and supported our recommendation. The Department of Justice, while 

agreeing with our finding that federal agencies have mechanisms in 

place to coordinate their efforts, did not fully support our conclusion 

and recommendation that providing the Postal Inspection Service and 

Secret Service direct access to tips reported to NCMEC by remote 

computing service and electronic communication service providers would 

further enhance federal coordination efforts. DOJ commented that FBI 

and Customs, the agencies that currently have direct access, can and do 

share these tips with Secret Service and Postal Inspection Service, as 

appropriate, and DOJ believes that this coordination has been 

effective. However, DOJ is studying this issue as it finalizes 

regulations implementing the statute. DOJ also commented that our 

report does not address the impact that current statutory restrictions 

have on the sharing of these tips with state and local Internet Crimes 

Against Children (ICAC) task forces.

We recognize that, although the Postal Inspection Service and Secret 

Service have not been designated to receive tips reported by remote 

computing service and electronic communication service providers 

directly from NCMEC, they may receive tips from a designated agency if 

a government attorney makes a determination under the statute that it 

is necessary to grant access to assist the attorney in enforcing 

federal criminal law. Although DOJ questions whether the Postal 

Inspection Service and Secret Service, therefore, need direct access, 

we fail to see how such indirect access fully facilitates law 

enforcement efforts. Because we believe that the Postal Inspection 

Service and Secret Service, which continue to be actively involved in 

child pornography investigations, should have direct access to such 

tips to better enable them to (1) pursue leads or coordinate efforts 

with other law enforcement agencies that may require their expertise 

and (2) avoid possible duplication, we did not modify or delete our 

recommendation. Concerning DOJs suggestion that we address the impact 

of a statutory restriction that prohibits sharing tips with state and 

local ICAC task forces absent a court order, it should be pointed out 

that a review of the quality or enhancement of federal-to-state law 

enforcement coordination efforts was outside the scope of our review. 

The scope of our objectives was limited to a review of federal-to-

federal law enforcement agencies coordination mechanisms.

Background:

As shown in table 1, several federal law enforcement agencies are 

involved in the U.S. efforts to combat child pornography. These 

agencies have specific units devoted to combating child exploitation, 

of which child pornography is a part.

Table 1: Federal Agencies Involved in Combating Child Pornography:

[See PDF for image]

[A] Agency has staff resources assigned to NCMEC.

Source: GAO.

[End of table]

Appendix II provides additional details on the mission, role, and level 

of resources of these agencies.

As shown in figure 1, the number of federal child pornography cases 

prosecuted has continued to increase over the past 5 years.

Figure 1: Federal Child Pornography Cases Prosecuted by Fiscal Year:

[See PDF for image]

Note:Fiscal year 2002 figures as of September 2002.

[End of figure]

Appendix III provides additional information on the caseload of key 

federal law enforcement agencies involved in efforts to combat this 

crime.

Mechanisms in Place Have Coordinated Federal Efforts:

Federal agencies have mechanisms in place to coordinate their law 

enforcement efforts to combat child pornography. These mechanisms 

include (1) regularly scheduled monthly meetings among key officials 

for the purpose of sharing current information and expertise; (2) the 

sharing of expertise among federal prosecutors and the consolidation of 

federal investigative efforts; (3) task forces to coordinate federal 

investigative activities; (4) a national program to facilitate the 

sharing of information and images among agencies for the purpose of 

investigation and prosecution; and (5) NCMEC, a federally funded, 

nonprofit organization.

Monthly Coordination Meetings:

Officials from the respective child exploitation units of the FBI, the 

Child Exploitation and Obscenity Section (CEOS), Customs Service, and 

U.S. Postal Inspection Service, hold monthly meetings to share 

information and expertise on their efforts to combat child 

pornography.[Footnote 6] The focus of these meetings usually involves 

general trends and issues related to child exploitation and law 

enforcement strategies. Specific investigations of mutual interest or 

those that require extensive coordination among agencies, including 

efforts of multiagency federal task forces, may also be discussed.

Justice Attorneys Coordinate and Consolidate Prosecution of Cases:

Attorneys from CEOS and the various USAOs facilitate the coordination 

of investigations by multiple federal law enforcement agencies in 

multiple districts. The U.S. Attorneys Manual, among other things, 

outlines DOJs policy on coordination between CEOS and USAOs in 

multidistrict investigations and prosecution of cases involving child 

pornography, child sexual abuse, and child exploitation and 

obscenity.[Footnote 7] For example, in one large child pornography case 

that involved suspects from multiple jurisdictions in the United States 

and abroad, CEOS attorneys provided guidance to ensure that subpoenas 

and search warrant affidavits were legally sound and executed by 

multiple agencies in a coordinated fashion. CEOS attorneys also 

coordinated the prosecution of multiple defendants in the case, taking 

the lead on some and referring others to various prosecutors across the 

country.

Multiagency Federal Task Forces:

Multiagency task forces are also in place to coordinate investigative 

activities among federal agencies as well as with state and local law 

enforcement officials. The Federal Agency Task Force for Missing and 

Exploited Children and the Internet Crimes Against Children Program are 

examples of multiagency task forces with federal agency involvement.

The Federal Agency Task Force for Missing and Exploited Children 

includes representatives from 16 federal agencies and NCMEC. Officials 

participating in this task force coordinate their activities on cases 

involving missing and exploited children and provide a consolidated 

resource guide that identifies federal resources and provides 

information on technical assistance and support, and services related 

to child exploitation, including child pornography.

Table 2 shows the federal agencies involved in this effort.

Table 2: Agencies Participating in the Federal Agency Task Force for 

Missing and Exploited Children:

Department: Department of Defense; Agency: Family Advocacy Program; 

Legal Assistance Offices.

Department: Department of Education; Agency: Office of Elementary and 

Secondary Education/Safe and Drug-Free School Program.

Department: Department of Health and Human Services; Agency: Family and 

Youth Services Bureau; National Center on Child Abuse and Neglect.

Department: Department of Justice; Agency: Child Exploitation and 

Obscenity Section; Executive Office for U.S. Attorneys; Federal Bureau 

of Investigation; Office for Victims of Crime; OJJDPs Prevention/Child 

Protection Division; Immigration and Naturalization Service; U.S. 

National Central Bureau.

Department: Department of State; Agency: Office of Childrens Issues.

Department: Department of Treasury; Agency: Customs Service; Secret 

Services Forensic Services Division.

Department: Postal Service; Agency: Postal Inspection Service.

Source: Federal Agency Task Force for Missing and Exploited Children.

[End of table]

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) 

provides funding for the ICAC Program, which coordinates federal and 

regional responses to Internet crimes against children. This program is 

designed to enhance the national response by developing a state and 

local law enforcement network composed of regional task forces, each 

with a federal law enforcement presence. For example, the successful 

conclusion to one 2-year investigation was announced in August 2001. 

Thirty ICACs throughout the United States partnered with Postal 

Inspectors in an undercover operation aimed at eliminating child 

pornography through the mail and via the Internet. Searches were 

conducted in 37 states and resulted in 130 arrests for trafficking in 

child pornography. Currently, there are 30 ICAC task forces nationwide, 

with an additional 6 planned.

Victim Identification Program:

To facilitate more effective coordination of federal, state, and local 

investigation and prosecution of child pornography cases, federal law 

enforcement agencies have developed a national program that allows law 

enforcement officials to share information on images of child victims. 

This includes new images from child pornography traffic uncovered 

amongst the various law enforcement agencies that may identify a child 

victim. The program permits law enforcement officials to search stored 

images to determine if an image found during the course of an 

investigation is that of an actual child whose image has been used in 

previous cases.[Footnote 8] The sharing of these images helps law 

enforcement agencies better utilize resources, coordinate their 

efforts, and aid in criminal prosecutions, according to federal law 

enforcement officials. The Victim Identification Program is also 

intended to aid law enforcement agencies in their efforts to find and 

save a child depicted in the images.

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. 

NCMECs Exploited Child Unit (ECU) provides technical assistance and 

services to enable federal, state, local, and international law 

enforcement agencies to effectively coordinate child pornography 

investigations. Analysts in this unit investigate and process tips 

provided by the public and electronic communications service providers 

to determine if the material constitutes a violation of law. This 

information is then made available to designated federal law 

enforcement agencies for follow-up. Figure 2 shows the makeup of 

NCMECs ECU and the presence of multiple federal law enforcement 

agencies. Appendix II provides additional detail on NCMEC.

Figure 2: NCMECs Exploited Child Unit:

[See PDF for image]

[A] In May 1999, the Office of the Attorney General published a 
proposed 

rule that designated the FBI and the U.S. Customs Service as the law 

enforcement agencies that are to receive reports under the Protection 

of Children from Sexual Predators Act. 64 Fed. Reg. 28422, 28424 

(1999). The proposed rule has not been finalized.

[End of figure]

Opportunity Exists to Further Enhance Coordination:

Officials from key federal agencies that we interviewed said that they 

see no significant impediments to federal coordination of efforts to 

combat child pornography. Specifically, officials from federal law 

enforcement agencies, namely, the FBI, U.S. Customs Service, and the 

Postal Inspection Service, said that mechanisms currently in place to 

coordinate federal efforts were effective.[Footnote 9] Additionally, 

representatives from remote computing and electronic communication 

service providers reported that there were no significant problems with 

coordination among federal law enforcement agencies. These entities 

report that duplication of subpoenas in support of child pornography 

investigations by federal law enforcement agencies is rare.

Although we found no significant impediments to federal law enforcement 

efforts, an opportunity exists to further enhance coordination by 

additional information sharing. Under the Protection of Children from 

Sexual Predators Act of 1998, as amended, electronic communication 

service or remote computing service providers must report suspected 

federal child pornography crimes to NCMEC, which must then forward such 

reports to a law enforcement agency or agencies designated by the 

Attorney General.[Footnote 10] As previously noted, the Attorney 

General published a proposed rule that designated the FBI and the U.S. 

Customs Service as the law enforcement agencies that are to receive 

reports under the act. NCMEC has informed us that it only allows these 

two agencies access to these reports or tips. NCMEC does not grant 

the Postal Inspection Service or the Secret Service access to these 

tips.[Footnote 11] Officials from federal law enforcement agencies we 

spoke with, as well as officials from NCMEC and some of the leading 

electronic communication service providers, said that access to these 

tips should be expanded to include the U.S. Postal Inspection Service 

and the U.S. Secret Service because some of the tips may involve the 

U.S. mail or require forensic investigative efforts that could best be 

provided by the U.S. Postal Inspection Service or the U.S. Secret 

Service.

Conclusions:

Although no significant impediments to coordination were found and 

agencies generally view current mechanisms as effective, the lack of 

access to remote computing and electronic communication service 

providers tips by the Postal Inspection Service and Secret Service may 

limit the ability of these agencies to pursue leads or coordinate 

efforts with other law enforcement agencies. Currently, the Attorney 

Generals proposed rule, while not finalized, has only designated the 

FBI and Customs as agencies that are to receive such information. As a 

result, NCMEC does not grant access to the Postal Inspection Service or 

the Secret Service. Without this designation, all of the federal law 

enforcement agencies involved in combating child pornography will not 

have access to information that could enable them to avoid future 

duplication of efforts.

Recommendation for Executive Action:

To further enhance the coordination of the various law enforcement 

agencies efforts to combat child pornography, we recommend that the 

Attorney General designate the Postal Inspection Service and Secret 

Service as agencies that should receive reports of child pornography 

under the Protection of Children from Sexual Predators Act of 1998 in 

addition to FBI and Customs.

Agency Comments and Our Evaluation:

We requested comments on a draft of this report from the Attorney 

General, Secretary of the Treasury, and the Chief of the Postal 

Inspection Service. Officials from the Customs Service, U.S. Postal 

Inspection Service, and Secret Service generally agreed with the 

reports findings and supported our recommendation. The Department of 

Justice, while agreeing with our finding that federal agencies have 

mechanisms in place to coordinate their efforts, did not fully support 

our conclusion and recommendation that providing the Postal Inspection 

Service and Secret Service direct access to tips reported to NCMEC by 

remote computing service and electronic communication service providers 

would further enhance federal coordination efforts. DOJ said that FBI 

and Customs, the agencies that currently have direct access, can and do 

share these tips with Secret Service and Postal Inspection Service, as 

appropriate, and DOJ believes this coordination has been effective. DOJ 

questions whether coordination will be further enhanced by adding 

Secret Service and the Postal Inspection Service as agencies designated 

to receive access to these tips directly from NCMEC; however, DOJ said 

that it is studying this issue as it finalizes regulations implementing 

the statute.

We recognize that the Protection of Children from Sexual Predators Act 

allows designated agencies to share tips with other government 

personnel if an attorney for the government determines that such 

information-sharing is necessary to assist the attorney in enforcing 

federal criminal law and that the Postal Inspection Service and Secret 

Service may be able to obtain indirect access to tips reported by 

remote computing service and electronic communication service providers 

in this manner.[Footnote 12] Although DOJ questions whether the Postal 

Inspection Service and Secret Service, therefore, need direct access, 

we fail to see how indirect access fully facilitates law enforcement 

efforts. Because we believe that the Postal Inspection Service and 

Secret Service, which continue to be actively involved in child 

pornography investigations, should have direct access to such tips to 

better enable them to (1) pursue leads or coordinate efforts with other 

law enforcement agencies that may require their expertise and (2) avoid 

possible duplication, we did not modify or delete our recommendation.

DOJ also said that our report does not address the impact that current 

statutory restrictions have on the sharing of these tips with federally 

funded Internet Crimes Against Children task forces that involve state 

and local law enforcement officers. The Protection of Children from 

Sexual Predators Act prohibits federal law enforcement agencies from 

sharing tips reported to NCMEC by remote computing and electronic 

communication service providers concerning possible state crimes with 

state or local officials absent a court order.[Footnote 13] Concerning 

DOJs suggestion that we address the impact of this statutory 

prohibition on sharing tips with state and local ICAC task forces, it 

should be pointed out that a review of the quality or enhancement of 

federal-to-state law enforcement coordination efforts was outside the 

scope of our review. Our scope was limited to a review of federal-to-

federal law enforcement agencies coordination mechanisms.

Copies of this report are being sent to the Attorney General, Director 

of the FBI, the Secretary of the Treasury, U.S. Postal Service, and 

other interested parties. We will also make copies available to others 

upon request. In addition, the report will be available at no charge on 

the GAO Web site at http://www.gao.gov.

If you or your staff have any questions about this report, please 

contact Charles Michael Johnson or me at (202) 512-8777 or at 

johnsoncm@gao.gov or ekstrandl@gao.gov. Key contributors to this report 

are acknowledged in appendix IV.

Laurie E. Ekstrand

Director, Justice Issues:

Signed by Laurie E. Ekstrand:

[End of section]

Appendix : Objectives, Scope, and Methodology:

Our overall objective for this review was to assess the coordination 

efforts of federal agencies to combat child pornography. Specifically, 

we focused on (1) identifying mechanisms federal agencies have in place 

to coordinate their efforts to combat child pornography and (2) 

determining whether opportunities exist to enhance coordination among 

federal law enforcement agencies. We limited our scope to the domestic 

efforts of key federal law enforcement agencies involved in combating 

child pornography.

We interviewed officials from various components of the Department of 

Justice (DOJ). Specifically, we interviewed officials from the Crimes 

Against Children Unit of the Federal Bureau of Investigation (FBI); the 

Child Exploitation and Obscenity Section (CEOS) within DOJs criminal 

division; as well as officials from the Office of Juvenile Justice and 

Delinquency Prevention (OJJDP), which funds the Internet Crimes Against 

Children (ICAC) Program. We also interviewed officials from the 

Executive Office for United States Attorneys (EOUSA). To obtain 

information on the Department of the Treasurys efforts to combat child 

pornography, we interviewed officials from the U.S. Customs Services 

CyberSmuggling Investigations Center, Child Exploitation Unit, and the 

Secret Service. To obtain information on the U.S. Postal Services 

efforts to combat child pornography, we interviewed officials from the 

Postal Inspection Service and the Postal Inspection Services 

Washington Metro Child Exploitation Unit. In addition, we interviewed 

officials from the National Center for Missing and Exploited Children 

(NCMEC) and officials and representatives from the following providers 

of electronic communications services: America Online, Microsoft, and 

Yahoo and an antichild pornography watchdog group, Wired Patrol, to 

obtain their views on the effectiveness of federal coordination 

efforts.

We collected budgetary, resource allocation, and caseload data from 

each of the key federal agencies involved in efforts to combat child 

pornography. Also during our review, we reviewed congressional 

testimonies, statutes, and the history of child pornography cases 

involving multiple federal agencies.

We conducted our work between May and October 2002 in accordance with 

generally accepted government auditing standards.

[End of section]

Appendix II: Key Federal Agencies and Federally Funded Entities 
Involved 

in Combating Child Pornography:

U.S. Department of Justice:

Federal Bureau of Investigation:

The Federal Bureau of Investigation (FBI) investigates various crimes 

against children, including federal child pornography crimes involving 

interstate or foreign commerce.[Footnote 14] For example, FBI 

investigates violations of federal statutes generally relating to:

* producing child pornography;

* permitting a minor within ones custody or control to be used in 

child pornography;

* selling or buying children for use in child pornography; and:

* transporting, shipping, receiving, or distributing child pornography 

by any means, including by computer.

As shown in figures 3 and 4, the amount of human and fiscal resources 

the FBI has allocated to combating child exploitation increased 

steadily from fiscal year 1998 to fiscal year 2002.[Footnote 15]

Figure 3: FBI Personnel Dedicated for Combating Child Exploitation:

[See PDF for image]

NOTE:Represents agents from FBIs Crimes Against Children and Innocent 

Images National Initiative units.

[End of figure]

Figure 4: FBI Funds Obligated for Combating Child Exploitation:

[See PDF for image]

Note: Represents funds obligated by FBIs Innocent Images National 

Initiative unit.

[End of figure]

Office of Crimes Against Children:

The Office of Crimes Against Children became operational in March 1997 

within the Violent Crime and Major Offenders Section, Criminal 

Investigations Division, of the FBI. The Office expanded into the 

Crimes Against Children Unit in January 2000 in response to an 

increased awareness and nationwide growth of crimes against children. 

The units mission is to provide a quick, effective response to 

reported incidents of crimes against children thereby increasing the 

number of victims rescued and reducing the number of crimes in which 

children are victimized. The units program strategy is implemented 

through multidisciplinary and multiagency resource teams that, among 

other things, investigate and prosecute crimes against children; 

facilitate interagency sharing of intelligence information; and provide 

specialized skills and services.

Innocent Images National Initiative:

The FBI established a nationwide initiative to combat the proliferation 

of online child sexual exploitation. The Innocent Images National 

Initiative, a component of the FBIs Crimes Against Children Unit, is a 

proactive, investigative initiative to combat the proliferation of 

child pornography/ child exploitation facilitated by computer. This 

initiative is composed of agents working at regional offices nationwide 

and may involve agents from any of the FBIs 56 field office locations.

Innocent Images provides centralized coordination and analysis of case 

information that is national and international in scope and requires 

coordination with state, local, and international governments as well 

as among FBI field offices and legal attaches. The mission of Innocent 

Images is to:

* identify, investigate, and prosecute sexual predators who use the 

Internet and online services to sexually exploit children;

* establish a law enforcement presence on the Internet as a deterrent 

to subjects that use the Internet to exploit children; and

* identify and rescue witting and unwitting child victims.

EOUSA and U.S. Attorneys:

The Executive Office of the United States Attorney (EOUSA) and the 94 

United States Attorney Offices (USAOs) have a multifaceted role in 

coordinating federal law enforcement efforts to combat child 

pornography. Among other things, EOUSA provides the 94 USAOs with 

guidance for coordinating child exploitation-related cases with other 

components of the Department of Justice as well as with other federal 

agencies. One function of EOUSA is to oversee the designation of an 

Assistant U.S. Attorney in each of the USAOs to work as a CEOS 

Coordinator. These Assistant U.S. Attorneys are the main point of 

contact within each USAO for guidance on child exploitation-related 

cases. They also facilitate the exchange of information on pending 

cases that may have multiple jurisdictional aspects to them. EOUSA also 

publishes and maintains the United States Attorneys manual, which 

provides internal guidance to the U.S. Attorneys and others on, among 

other things, investigating criminal matters and prosecuting cases. 

Attorneys in the 94 USAOs prosecute the majority of federal child 

pornography-related cases. The exceptions would be certain 

multijurisdictional cases prosecuted by the Child Exploitation and 

Obscenity Section (CEOS) or others that the USAO would recuse itself 

from or refer to CEOS for prosecution.

Criminal Divisions Child Exploitation and Obscenity Section:

CEOS is a unit within DOJs Criminal Division that specializes in the 

prosecution of child sex offenses, trafficking of women and children 

for sexual exploitation, and obscenity. Among other things, CEOS is 

primarily responsible for the development of prosecution, policy, and 

legislative initiatives in those areas. CEOS professional staff 

consists of attorneys and information technology specialists dedicated 

to combating the sexual exploitation of children and obscenity.

Established in 1987, CEOS focuses on individuals who, in the context of 

child exploitation,

* possess, manufacture, produce, or distribute child pornography;

* travel interstate or internationally to sexually abuse children, or 

cause children to travel interstate or internationally for that same 

purpose;

* use the Internet to lure children to engage in prohibited sexual 

conduct;

* abuse children on federal and Indian lands; or:

* traffic women and children interstate or internationally to engage in 

sexually explicit conduct.

CEOS attorneys work closely with federal law enforcement agencies and 

prosecutors on investigations, trials, and appeals.

As shown in figures 5 and 6, the amount of fiscal and human resources 

at CEOS dedicated to combating child exploitation, including resources 

available to assist with and prosecute child pornography and obscenity-

related cases, grew from fiscal year 1998 to fiscal year 2002.[Footnote 

16]

Figure 5: CEOS Personnel Dedicated for Combating Child Exploitation and 

Obscenity Offenses:

[See PDF for image]

[End of figure]

Figure 6: CEOS Funds Obligated for Combating Federal Child Exploitation 

and Obscenity Offenses:

[See PDF for image]

[End of figure]

Office of Juvenile Justice and Delinquency Prevention:

Created by the Department of Justice in 1998, the Internet Crimes 

Against Children (ICAC) program, administered and funded through the 

OJJDP, encourages communities nationwide to develop regional, 

multijurisdictional, and multiagency responses to Internet crimes 

against children. The program provides grants to state and local law 

enforcement agencies to build regional task forces that address and 

combat Internet-related crimes against children. ICAC program grants 

are used to ensure that investigators receive specialized training and 

technological resources to combat Internet-related crimes. 

Additionally, ICAC task forces have been established to serve as 

sources of prevention, education, and forensic investigative assistance 

to those who work on Internet crimes against children.

ICACs objectives include:

* Developing or expanding multiagency, multijurisdictional task forces 

that include representatives from law enforcement, prosecution, victim 

services, and child protective services, among others.

* Ensuring investigative capacity by properly equipping and training 

ICAC taskforce investigators.

* Developing and maintaining case-management systems to document 

reported offenses and investigative results.

* Developing response protocols or memorandums of understanding to 

foster collaboration, information sharing, and service integration 

among public and private organizations to protect children from being 

sexually exploited.

A number of federal agencies are also involved in the ICAC Task Force 

Program through membership on various task force units and through 

participation on the ICAC Task Force Board. These partners include: 

DOJs CEOS, FBI, EOUSA, Customs Services CyberSmuggling Center, and 

the Postal Inspection Service.

Figure 7 provides information on OJJDP grants awarded to state and 

local jurisdictions to fund ICAC task forces.

Figure 7: OJJDP Grants to ICAC Task Forces:

[See PDF for image]

[End of figure]

U.S. Department of Treasury:

U.S. Customs Service:

Customs targets the illegal importation and trafficking of child 

pornography and is the countrys front line of defense to combat the 

illegal importation and proliferation of this material. The agency 

becomes involved in cases with foreign links, primarily focusing on 

child pornography that enters the United States from abroad.

Customs Services Office of Investigations established the 

CyberSmuggling Investigations Center to more effectively focus Customs 

resources on Internet crimes. The center brings together all Customs 

resources dedicated to the investigation of international criminal 

activity conducted on or facilitated by the Internet, including the 

sharing and distribution of child pornography. The center also 

continually trains personnel and upgrades their techniques to combat 

the diverse ways in which offenders download, possess, and distribute 

child pornography. The center acts as a clearinghouse and directs 

investigations to applicable areas within the United States and foreign 

countries.

Through the CyberSmuggling Center, Customs acts as a first line of 

defense against smuggling over traditional borders as well as 

smuggling associated with the Internet. Customs maintains a reporting 

link to NCMEC, a telephone reporting line, and acts on tips from 

callers reporting Web sites, individual servers, or chat rooms 

trafficking in suspected child pornography as well as instances of 

other related crimes. The center has developed a national victim 

identification program of images for use by law enforcement agencies in 

the investigation and prosecution of individuals charged with child 

pornography-related crimes.

As shown in figure 8, Customs staff hours devoted to combating child 

exploitation increased from fiscal year 1998 to fiscal year 1999, but 

declined thereafter.[Footnote 17] An official from Customs explained 

that while Customs cases are now much more significant and complex in 

scope, its investigators are more knowledgeable and technologically 

proficient, so it generally takes less time to work an Internet case 

than it once did. Furthermore, the events of September 11, 2001, caused 

a temporary shift in Customs resources to terrorism-related 

activities. Consequently, many child pornography cases that Customs 

would ordinarily have investigated were passed to state and local law 

enforcement for prosecution under state pornography statutes. Fiscal 

resources also show a similar trend. This same official told us that 

much of the funds expended in earlier years were for initial 

infrastructure costs associated with developing Customs current 

technological capabilities, and costs in current years are for upgrades 

or rotating replacement of equipment.

Figure 8: Hours Spent by Customs Agents on Child Exploitation 

Investigations:

[See PDF for image]

[End of figure]

Figure 9: Customs Estimated Child Exploitation Obligations:

[See PDF for image]

[End of figure]

U.S. Secret Service:

The Secret Service provides forensic and technical assistance in 

matters involving missing and sexually exploited children through its 

Office of Investigations. The Secret Services Forensic Investigative 

Response and Support Team (FIRST) consists of a group of technical and 

forensic experts, including agents from the Electronic Crimes Special 

Agent Program (ECSAP), who are available to respond to requests from 

any law enforcement agency within the United States to perform forensic 

and technical examinations.

Forensic and technical services provided by the U.S. Secret Service 

include, among others, access to the following:

* The Forensic Information System for Handwriting database, which 

allows material to be searched against previously recorded writings.

* FBIs Automated Fingerprint Identification System, a nationwide 

network with access to the largest collection of automated fingerprint 

databases in the United States.

* Polygraph examinations to help detect deception.

* Visual information services, such as image enhancement, age 

progression and regression, video and audio enhancement, and graphic 

and photographic support.

* Crime scene, document, and other forensic examinations.

Section 105 of the USA Patriot Act[Footnote 18] requires the Secret 

Service to develop a national network of electronic crime task forces 

to combat various forms of electronic crimes. In response to this 

requirement, the Secret Service has designated eight major metropolitan 

areas where assets and resources are being directed to establish a 

network of regional Electronic Crimes Task Forces. The regional task 

forces work directly with other federal, state, and local law 

enforcement agencies in the area of child pornography as well as other 

electronic crimes.

Since fiscal year 1997, the Secret Service, through its Investigative 

Services Division and Forensic Services Division, has overseen and 

administered grants to NCMECs Exploited Child Unit. However, since 

fiscal year 2002, all Secret Service-related grant activities 

associated with NCMEC have been consolidated into the Forensic Services 

Division.

The Secret Service has four full-time personnel assigned to NCMEC. They 

include one Special Agent, who is a coordinator of the program, and 

three analysts, one of which is assigned to the Exploited Child Unit.

U.S. Postal Service:

U.S. Postal Inspection Service:

The Postal Inspection Service is the federal law enforcement arm of the 

U.S. Postal Service that is responsible for investigating crimes 

involving the U.S. mail, including child pornography and child sexual 

exploitation offenses. Postal Inspectors, specially trained to conduct 

child exploitation investigations, are assigned to each of its field 

divisions nationwide.

The use of mail to traffic in child pornography, or to sexually exploit 

children, continues to be a significant societal problem, according to 

Postal officials. The exchange of child pornography by mail is now 

often preceded by use of the Internet to communicate with like-minded 

individuals or to locate sources of child pornography. Over the past 

several years, there has been an increase in the number of unlawful 

computer transmissions and ads for child pornography on the Internet, 

which occur hand-in-hand with the trafficking of child pornography 

videotapes and computer disks through the mail.

The objective of the child exploitation program is to reduce and deter 

the use of the postal system for the procurement or delivery of 

materials that promote the sexual exploitation of children. In carrying 

out its mission, the Postal Inspection Service works with DOJ, FBI, 

Customs Service, NCMEC, and other national and international law 

enforcement agencies.

As shown in figures 10 and 11, the number of Postal Inspectors 

dedicated to combating child exploitation, including child pornography, 

has increased steadily from fiscal years 1998 to 2001. However, the 

overall budget for combating these crimes dropped in fiscal year 

2002.[Footnote 19] A Postal Inspection Service official explained that 

as a result of the terrorist attack on September 11, 2001, and recent 

anthrax investigations, resources were diverted.

Figure 10: Postal Inspectors Assigned to Child Exploitation 

Investigations:

[See PDF for image]

[End of figure]

Figure 11: Postal Inspection Service Funds Obligated for Combating 

Child Exploitation:

[See PDF for image]

[End of figure]

Federal Agency Task Force on Missing and Exploited Children:

The Federal Agency Task Force on Missing and Exploited Children was 

created to improve the federal response to missing and exploited 

children. The task force serves as an advocate for child victims and 

their families, coordinates federal resources and services, and fosters 

increased cooperation and communication among federal agencies. The 

task force includes representatives from 16 federal agencies and 1 

private agency, including representatives from the following DOJ 

offices: CEOS, EOUSA, FBI, Office for Victims of Crime, OJJDPs Child 

Protection Division, Immigration and Naturalization Service, and 

National Central Bureau (Interpol); Department of Treasurys Custom 

Service and Secret Service, Forensic Services Division; Department of 

States Office of Childrens Issues; Department of Health and Human 

Services Family and Youth Service Bureau and Childrens Bureau/Office 

on Child Abuse and Neglect; the U.S. Postal Service, Department of 

Defenses Family Advocacy Program Legal Assistance Offices; Department 

of Educations Office of Elementary and Secondary Education and 

Secondary Education/Safe Schools Program; and NCMEC.

National Center for Missing and Exploited Children:

NCMEC is a private, nonprofit organization that serves as the nations 

resource center for child protection. NCMECs mission is to assist in 

the location and recovery of missing children and to prevent the 

abduction, molestation, sexual exploitation, and victimization of 

children. NCMEC operates under a congressional mandate through OJJDP 

funding.[Footnote 20]

In addition, NCMEC operates its Exploited Child Unit through a separate 

cooperative agreement between Treasury and NCMEC for the establishment 

of this unit.

NCMEC maintains a 24-hour, toll-free tipline for leads from individuals 

reporting the sexual exploitation of children and information on the 

possession, manufacture, and/or distribution of child pornography. 

NCMEC also maintains the CyberTipline to receive statutorily required 

tips on child pornography from remote computing service and electronic 

communication service providers, such as America Online, Microsoft, and 

Yahoo.[Footnote 21] NCMECs case analysts assess and track leads, 

identify patterns among cases, help coordinate investigations, and make 

such information available to the designated law enforcement agencies. 

The FBI, Customs Service, Postal Inspection Service, and Secret Service 

have employees assigned directly to NCMEC.

NCMEC also offers technical assistance, training, and consultation to 

law enforcement agencies. NCMEC has developed specialized training 

programs, materials, and curriculum designed for law-enforcement 

personnel. In addition, NCMEC provides extensive referrals serving as a 

source of contact for statewide, national, and global investigations.

[End of section]

Appendix III: Federal Law Enforcement Agencies Child Pornography-
Related 

Caseload:

In addition to the increases in the number of child pornography cases 

prosecuted from fiscal years 1998 through 2002, the investigative 

caseload of key federal law enforcement agencies has generally 

increased above fiscal year 1998 levels. Figures 12 through 16 provide 

caseload trend data from fiscal years 1998 through 2002.

An FBI official said that the best method by which to measure its 

activity was the number of child exploitation-related cases 

opened.[Footnote 22] Figure 12 shows the increase in the number of 

cases the FBI opened over the past 5 years.

Figure 12: Child Exploitation Cases Opened by the FBI:

[See PDF for image]

[NOTE:] Represents cases opened by FBIs Crimes Against Children and 

Innocent Images National Initiative units.

[End of figure]

Customs and Postal Inspection Service both record arrest data to 

indicate the results of their level of effort in combating child 

pornography. As shown in figure 13, the number of Custom Service child 

exploitation-related arrests has decreased since fiscal year 

1998.[Footnote 23]

Figure 13: Customs Arrests for Child Exploitation:

[See PDF for image]

[End of figure]

Customs officials report that the decreasing number of arrests are a 

result of changes in strategy for combating child pornography cases. 

Customs officials said that the agency has shifted to focusing on cases 

that are more complex and larger in scope, thus their overall number of 

arrests has dropped. The more straightforward cases are turned over to 

state and local law enforcement agencies and ICACs, according to 

Customs officials.

As shown in figures 14, the number of Postal Service arrests has 

increased over fiscal year 1998 levels.

Figure 14: Postal Inspection Service Arrests for Child Pornography:

[See PDF for image]

[End of figure]

The Postal Inspection Service reported that, due to the difficulty of 

defining what constitutes an investigation, it does not maintain at 

headquarters, the number of investigations conducted by field 

personnel. An official explained that an investigation could be 

interpreted as simply following up on a piece of information provided 

to child exploitation specialists about a potential suspect where the 

end result is determined to be noncredible. The difficulty is 

determining when following up on a tip becomes a case.:

U.S. Postal officials also said that an arrest might not be unique to 

one agency. In some instances, such as in large or multijurisdictional 

cases where more than one law enforcement agency is involved, arrests 

may be credited to more than one agency. This occurs when more than one 

law enforcement agency makes a meaningful and significant contribution 

to a particular case.

As shown in figures 15 and 16, the number of Secret Service tips 

processed increased over fiscal year 1998 levels, and the number of 

investigations opened increased significantly in fiscal year 2002.

Figure 15: Secret Service Cyber Tips Processed:

[See PDF for image]

[End of figure]

Figure 16: Secret Service Field Office Child Pornography Investigative 

Caseload:

[See PDF for image]

[End of figure]

[End of section]

Appendix IV: GAO Contacts and Staff Acknowledgments:

GAO Contacts:

Laurie E. Ekstrand (202) 512-2758

Charles Michael Johnson (202) 512-7331:

Staff Acknowledgments:

Nancy A. Briggs, Robert J. Rivas, Mona Nichols, Christine F. Davis,

Anne E. Laffoon, and Orlando R. Boston made key contributions to this 

report.

FOOTNOTES

[1] See New York v. Ferber, 458 U.S. 747, 764 (1982) (emphasis in 

original). The age is under 18 years old for federal child pornography 

statutes, which are codified at 18 U.S.C. 2251 to 2260.

[2] These networks allow users to share material by transmitting data 

directly from computer to computer rather than through a central 

server. Additional information regarding the ease of access to child 

pornography on peer-to-peer networks, the risk of inadvertent exposure 

of juvenile users of peer-to-peer networks to child pornography, and 

the extent of federal law enforcement resources available for combating 

child pornography on peer-to-peer networks will be forthcoming in a GAO 

report to be issued in early 2003.

[3] Child exploitation includes activities such as child molestation, 

child prostitution, and online enticement of children for sexual acts, 

in addition to child pornography.

[4] The Secret Service does not have a primary investigative role and 

describes their activities in this area as providing technical 

expertise and forensic support on an as needed basis. The Secret 

Service defers to those agencies with primary jurisdiction in the area 

of child pornography to answer the question of effectiveness of 

coordination mechanisms.

[5] These remote computing service and electronic communication service 

providers would include major Internet service providers, such as 

America Online and Microsoft, as well as major Web sites such as Yahoo.

[6] At the time of our review, the Secret Service was not attending 

monthly child pornography coordination meetings. As previously noted, 

the Secret Service does not have a primary investigative role and 

described its activities in this area as providing technical expertise 

and forensic support on an as needed basis.

[7] See U.S. Attorneys Manual, sec. 9-75.030, 9-75.100, 9-75.110.

[8] In Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), the 

Supreme Court declared certain provisions of the Child Pornography 

Prevention Act unconstitutional to the extent that they defined child 

pornography by reference to images that appear to depict, or convey the 

impression that they depict, minors. See 18 U.S.C. 2256(8)(B),(D). As a 

result of this ruling, the government has an affirmative burden to 

prove, as an element of its case, that the images were produced using 

real children. According to DOJ, where a defendant claims that 

technology currently exists to create computer-generated images that 

appear to depict real children, it is more challenging for the 

government to meet its burden of proof. DOJ states that one manner of 

meeting that burden is to identify the child depicted in the image, 

which may be facilitated through the Victim Identification Program.

[9] The Secret Service deferred to the views of federal agencies with 

primary jurisdiction over child pornography-related investigations.

[10] 42 U.S.C. 13032(b)(1).

[11] See 42 U.S.C. 13032(f)(1)(C).

[12] See Id. 13032(f)(1)(D).

[13] Federal child pornography crimes are set forth at 18 U.S.C. 2251, 

2251A, 2252, 2252A, and 2260.

[14] The FBI is unable to provide us with the number of personnel 

assigned or funds obligated to combating child pornography from the 

larger category of child exploitation.

[15] CEOS was unable to separate out the number of personnel or funds 

specifically obligated to combating child pornography from those 

directed to combating child exploitation and obscenity offenses.

[16] 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.

[17] P.L. 107-56 (Oct. 26, 2001).

[18] Postal Service was unable to provide us with the number of 

inspectors assigned to child pornography or the specific funds 

obligated to combat this crime from the larger category of child 

exploitation.

[19] The Missing Childrens Assistance Act of 1984, as amended, directs 

OJJDP to make an annual grant to NCMEC to carry out various 

responsibilities related to missing and exploited children. In general, 

these responsibilities include operating a 24-hour, toll-free tip line 

to receive tips about missing children; serving as the official 

national resource center and information clearinghouse for missing and 

exploited children; coordinating public and private programs to locate 

missing children; providing technical assistance and training; and 

providing a variety of information and assistance services. See 42 

U.S.C. 5773(b)(1).

[20] See 42 U.S.C. 13032(b).

[21] FBI was unable to provide us with the number of child pornography 

cases opened from their larger category of child exploitation cases.

[22] Customs was unable to separate arrests for child pornography from 

the larger number of arrests for child exploitation in general.

[23]

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