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Safety, Security, Privacy, and the Victimization of Children Lost in it All

September 1, 2021

In 2018 The New York Times reported that more than 45 million images and videos of child sexual abuse material (CSAM), federally known as child pornography, existed on the internet. This number has been growing exponentially since the beginning and subsequent boom of the internet age. With nearly 48% of the global population now having smart phones, and even more with the access and ability to carry a device in their pockets, perpetrators of sexual abuse of children are more easily able to photograph or film their assaults. Furthermore, children who are being manipulated or threatened are more often able to generate their own sexual exploitation and abuse images. As access to these devices and the internet increases, the sexual abuse and exploitation of children being published online continues to grow.

Warnings and reports from the FBI and National Center for Missing and Exploited Children (NCMEC) assert that the impacts of COVID-19 and the increased push of children into online spaces has increased the risk of online sexual exploitation of children. At Children’s Cove we saw firsthand an increase in these online cases, as did the other regional Child Advocacy Center’s in Massachusetts. And indeed, amongst our community of professionals we saw not only that children are increasing their time online, but perpetrators of abuse and exploitation are also online more.

The New York Times article also stated that in 2008 the issue of CSAM was already an epidemic (a term which holds a more household understanding now) and in 2018 it was a crisis at the breaking point. So where are we in 2021? Much like the discussion related to the climate crisis, the opioid epidemic, and the COVID-19 pandemic: we are at a point where urgent and decisive actions need to take place. One such action was recently taken in a controversial move by technology giant Apple.

Apple recently announced it will be completing an update to its iOS operating system which will contain a tool capable of scanning and identifying child sexual abuse materials on its platforms. Working in partnership with NCMEC, which functions as the national partner to investigators working on cases involving internet crimes against children, Apple will have an automated system scan individual devices to recognize what are known as hashes of images on their phone. Each image and video created and circulating on the internet is assigned a “hash.” When CSAM images/videos are identified, their hash is stored in the NCMEC database and flagged. The Apple system will work in tandem with the NCMEC system to trigger an alert for review if it detects 30 or more known hashes on an Apple device.

Seems straightforward, so where’s the controversy?

The controversy, as raised by privacy advocates and former NSA whistleblower Edward Snowden, is this: “Where is the limit of what is monitored on individuals’ devices?” The action taken by Apple is effectively installing a system to monitor what you do on a private device. And while the scope of the monitoring is for random numbers and letters, the concern isn’t the process as designed and intended, but what could be done with the same implementation process. Even as Apple has steadfastly stated it will not allow this process to be abused, the discussion of privacy in our society with the increased push of technology to monitor our devices, is very worthwhile. But what are the costs we are willing to pay?

On one hand, we are talking about individual property, liberty and privacy. It is, in a certain manner of thought, a violation of constitutional privacy without due process; a potential violation of the 4th Amendment of the Constitution, even if it is simply looking for a series of hashes. And while the allowances of digital surveillance under the Patriot Act cleared the path for this type of autonomous screening, the challenges to these types of programs have matched the pace at which this technology grows and expands.

On the other hand, as described by the mother of one victim of CSAM, “Imagine the very worst thing that has ever happened to you was recorded and then shared repeatedly for other peoples’ pleasure.” And, that this repetitious sharing continues in perpetuity- the act is relived and reshared for days, months, years and decades by those who consume the content of exploitation; the survivor continues to be revictimized. There are more than 45 million of these images and videos in existence, and the agencies that hold the perpetrators of these crimes and those who share them responsible, are outmatched and underfunded.

We are far into an epic journey wrought with the challenges of the digital age, and rapidly expanding our use of technologies with inherent dangers akin to the wild west. What actions are we willing to take? What sacrifices should be considered to protect children from exploitation and victimization?

Consider this: we are aware that private companies follow our movements online and advertise to us based on that history. We know social media companies suggest new connections based on our current connections and interests. We know that cars, phones, and GPS systems monitor our travel and upload traffic data in real-time. We know all this information is stored, sold, shared, and used for private businesses already. And, for the most part, everyone accepts this as a part of the agreement to use these devices. Why then, shouldn’t the work to protect and prevent the exploitation of children be part of the agreement too?

UPDATE:

Shortly after the writing of this piece, on September 3rd Apple made the decision to delay the rollout of its iOS update after the backlash from privacy and cybersecurity advocates claiming there were inherent safety risks. While Apple indicated the primary reason for the backlash is the handling of information and how the process works rather than the functionality, it still made the decision to delay. The National Center for Missing and Exploited Children offered a statement in reply, “Apple’s decision to delay their proactive measures to detect, report and remove child sexual exploitation material is disheartening. At the National Center for Missing & Exploited Children, we will continue to be a voice for children and support decisions that prioritize child safety. We hope that Apple’s conviction to implement meaningful child protection features does not waver in the months to come.

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Saying “No” is About More Than One Idea of Consent

August 19, 2021

There is seemingly no end to the debate about personal choices in our nation: for or against vaccinations, standing or kneeling for the pledge, abortion, naturalization vs. pathways to citizenship, changes to the second amendment, etc. All of these carry an inherent personal choice for or against something, but they may also lead to a secondary impact or carry a greater meaning. Whether that meaning is symbolic, or manifests change is up for debate until the test of time decides an outcome.

As the Tokyo Olympics came to an end and the United States emerged victorious it was not the medal count that struck as the monument of importance. It was the courage on display from Simone Biles in her ability to say “no” which resonated so much. Regardless of her athletic ability and whether or not she felt she had anything to prove, the lesson to take away from Ms. Biles is that bravery and self-worth isn’t pushing through challenges despite how you feel but acknowledging that sometimes a task may be too great and it’s ok to take a step back.

Recently, several articles have been published about the use of “sick time” in the United States and how prior to the COVID-19 pandemic Americans would regularly go to work sick. Nearly 25 percent of respondents in a poll stated they would go to work if they felt sick. As our country does not have a requirement for paid sick time there are many who work while sick because not doing so may mean a day of lost wages. There is a perception that if you take a sick day, that you are weak, expendable, or that you just don’t care about your job. There is a very large value system based on “work” or the responsibility you bear in your profession in our nation. The shame, guilt, and anxiety of being out sick often forces many to go into work when they feel awful, which can also impact those around them. With 1 in 5 Americans impacted in some way by a diagnosis of mental illness (depression, anxiety, PTSD, Post-Partum, etc.) how many people are forcing themselves to perform when the struggle was simply getting out of bed?

However, with the impacts of COVID-19, there has been a renewed discussion about sick time, and a much larger (though not universal) expectation that if someone is sick, feeling sick, or having any symptom of illness they should not go to work or school. This has led to impacts in the workforce, education, and numerous other sectors in our nation, but those impacts are not as devastating as believed. The discussions about being proactive in support of sick colleagues and coverage for work have accelerated and, in many cases, have positive outcomes and solutions. Are we getting closer to the discussion of the need for time off for mental health wellness as well?

Ms. Biles is a role model for us all showing immense bravery in openly discussing her struggles and her fear of not being able to perform at the level she expects of herself – which is no doubt higher than the expectations from us as spectators of the sport. Ms. Biles made a greater statement to us that sometimes, no matter how important the “job,” everyone has the choice to prioritize their own self-care and self-worth, and to say that even if others cannot see that something is wrong, there may actually be a burden being carried that is too heavy to lift at that moment.

For survivors of sexual abuse, whether it has been disclosed, undisclosed, prosecuted, dismissed, publicly known or private: the burdens deep inside can be a substantial weight to carry day to day. The adversity that Ms. Biles has endured and overcome so publicly cannot be understated. Her performance as an international athlete past and present cannot be minimized. Her true merit as a champion is her willingness to say, “I just felt it would be a little bit better to take a back seat, work on my mindfulness.” Ms. Biles’ leadership in promoting the choice to take care of herself on the world stage is as inspirational as her athletic performance.

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Technicalities, Suppression, and Brokered Deals Disrupt Justice

July 16, 2021

Due process under law is one of the great rights we are afforded as American citizens. The discussion of policing, prosecution, and penalties is at an all-time high, and the legal basis for criminal prosecution is garnering unprecedented attention. Yet, time and again in our nation, the prosecution of sexual crimes and crimes against children, as well as the rights of victims and survivors, has been overlooked and misunderstood.

The recent release of Bill Cosby from prison was a blow to sexual assault victim’s rights advocates and a gut shot to many survivors. The revelation that his due-process rights had been violated through a technicality does not exonerate Cosby of wrongdoing; it only suggests that the legal basis for his prosecution could be overturned. However, a man convicted by a jury of his peers walks free. This case has received a lot of public attention due to Cosby’s celebrity status, much like the Jeffrey Epstein case, arrest, and death in prison.

Despite the heinous circumstances and information revealed in Mr. Epstein’s last arrest, it is his indictment in 2007 and plea deal in 2008 that is so incredibly concerning. As reported by the Washington Post, “Federal prosecutors detailed their findings in an 82-page prosecution memo and a 53-page indictment, but Epstein was never indicted. In 2007, Acosta signed a non-prosecution deal in which he agreed not to pursue federal charges against Epstein or four women who the government said procured girls for him. In exchange, Epstein agreed to plead guilty to a solicitation charge in state court, accept a 13-month sentence, register as a sex offender and pay restitution to the victims identified in the federal investigation.”

In 2007 and 2008, there was more than enough evidence, witnesses, and testimony to charge and convict Mr. Epstein for numerous counts of sexual assault with minimal penalties of 10 years. However, he was able to work in prison six days a week, and travel to an office unsupervised for the entirety of his mere 13-month sentence. The identified victims who filed the complaints leading to Mr. Epstein’s indictment only found out about the deal when it was too late to contest it; they were never consulted by the prosecution. Once released, Mr. Epstein returned to the commercial sexual exploitation of children until his subsequent arrest and death.

Similarly, Larry Nassar, the now-disgraced former USA Gymnastic national team doctor, was arrested and sentenced to consecutive life sentences only recently, despite the numerous reported accusations, red flags, and victim and parent testimony to law enforcement and institutions for nearly 20 years. Additionally, in a now completed and released report, it was found that even when there was significant reports and evidenced submitted to the Federal Bureau of Investigation (FBI) the lack of investigation and action allowed a situation where “Nassar  continued working with athletes for more than a year while the investigation languished. The report said that ‘according to civil court documents, 70 or more young athletes were allegedly sexually abused under the guise of medical treatment’ during that time. However, an attorney for survivors said Nassar molested at least 120 more women and children.”

The sheer magnitude of victims stunned the nation already on the leading edge of the #MeToo movement, but the damage from gross negligence of systems spanning states and time was already done.

While the cases of Bill Cosby, Jeffrey Epstein, and Larry Nassar are notorious and have come to the public light only after the last few years, they are endemic of a system that doubts survivors and favors ease of prosecution. These three cases are a drop in the proverbial bucket of sexual assault, sexual abuse, and commercial sexual abuse cases in our nation. Much like the conversation of racial bias in policing and prosecution, we still have a long, long way to go for the greater public and legal systems to understand the neurobiology of trauma in children and the credibility of survivors of sexual assault and abuse. With increased education and exposure, we can change public perception and the way cases are investigated and prosecuted, removing barriers and allowing for adequate legal representation for victims.

One of the regular questions we get from a community perspective when detailing the investigations we support is: “Do children have to testify in court?” and the answer to that is: yes. The follow-up question is usually, “Well, what if they are 5- or 6-years-old?” And the answer is still: yes. “What if the alleged abused is a family member, or a parent?” Yes.

It is often that because of all of these “yes” answers, when a family or child is asked if they want to continue with prosecution, the answer is “no.”

In a time when we are discussing the full extent of the law, legal process, due process, investigations, and prosecution as a country and a community we should also be asking: how are victims of crime being represented? Are they being represented enough? In the public eye, we are often seeing that the answer to that is “no.” What about outside of the public eye? How many more instances of abusers walking free on technicalities are there? How many more reports are going uninvestigated? How many more deals are being made without the voice of the survivor involved?

At Children’s Cove, we work collaboratively with multidisciplinary partners to ensure that children have a voice that is heard. We work to empower survivors and support them in finding the healthiest outcome in their lives. At times, this comes at the expense of seeing the individuals who abused or exploited them receiving a fitting consequence for their actions. Other times we do see it. For all these instances, it is a long and difficult process for survivors.

We can do better for justice.

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