Examination of Witnesses (Questions 200
- 219)
WEDNESDAY 10 JANUARY 2007
MR JIM
GAMBLE, MS
SHARON GIRLING
AND MR
TIM WRIGHT
Q200 Chairman:
That brings to mind the fact about parents themselves and who
is responsible for educating parents. The evidence that we have
had from the Children's Charities Coalition says that while a
third of children regularly use blogs two-thirds of parents did
not know what blogs were. Similarly almost 80 per cent of children
use instant messaging but only a third of parents knew what instant
messaging was. Given the rate of technological change can adults
be expected to keep pace with the risks facing their children
on-line?
Mr Wright: There are a number of questions in
there. I think parents will always be behind their children because
children are early adopters and tend to have more time to pick
up new services. So parents will always be behind and older generations
will always be behind their children. I think in terms of the
detail of specific services and how kids use themand certainly
that research is consistent with everything else we have seenthe
core safety message is that parents understand about safety and
protecting their children, what they find difficult is applying
that in the on-line environment. In terms of whose responsibility
that is, it is a shared responsibility. Government, education,
law enforcement, service providers all have a role in helping
do that. It is an on-going battle for us.
Q201 Chairman:
You do not think it would be valuable to have specific proposals
that schools for example should run classes for parents, voluntarily
of course?
Mr Wright: Some schools have tried but, anecdotally,
take-up amongst parents has often been poor. I think it is a good
idea, but from people I have talked to it is difficult to get
parents to come into schools after hours and do it. Some parents
will come and do it but they are the parents who already understand
the issues. It is a good idea but we have not found a way of doing
it successfully.
Mr Gamble: I think the issue here is demystifying
some of the terms that we use about technology today. Tim is right,
parents will understand a threat as it manifests itself to their
children in the world that they grew up in and that they understoodthe
threat in the public place after dark. Talking about blogs sometimes
is not helpful; talking about a diary, a parent understands that.
So how do we engage them in a way that helps them develop a better
understanding? We should be through our role encouraging them
to be good parents in the sense that parents always wereto
communicate with their children in a way to achieve better understanding.
From the schools' point of view they need to imaginatively engage
with technology so that the child's school report is delivered
to the parent in the 70 per cent of homes that has on-line access
in this country via e-mail as well as in the written form so that
we are engaging them using the technology that we are speaking
about in a positive and influential way. I happen to know that
BECTA in the competition that they run to identify those schools
making the best use of ITC, identified two schools who were joint
winners and one was school was Ballyclare High School in Northern
Ireland, and one of the questions that they asked the panel and
one of the probing issues that they sought out was how they engaged
with parents about the use of technology and how they used that
technology to engage the parents. I think that is one of the ways
that we see by being imaginative and engaging parents they are
indoctrinated into the technology. The National Children's Homes'
survey has shown that there is a massive gap between the knowledge
that children have on-line and the knowledge that their parents
have. We are never, ever going to be able to run technology classes
to the degree that the parents can close that gap, but we can
encourage them to understand it more effectively by simplifying
it.
Q202 Chairman:
You could almost get value, if these numbers are correct, by sending
each parent half a sheet of A4 explaining what some of these things
are.
Mr Gamble: Let me give you an example of one
of the initiatives that we are running at the Child Exploitation
and On-line Protection Centre. We recognise that we cannot police
the Internet so as a serving police officer I recognise that the
police cannot make all of our citizens safer on every corner of
the information superhighway. Social services cannot, even industry
by and of themselves with "safer by design" technologies
cannot do that. We can no more be on every street corner in London
than we can be on every street corner in the Internet. What we
can do however is identify those individuals who are at the greatest
risk and we can empower them by engaging them in a way that delivers
information that makes them safer. We are currently running an
education campaign which is modern, it is contemporary media,
using modern music and modern film in a way that engages young
minds emotionally and intellectually, so that when the one million
children we will engage by the end of this school term leave the
classroom they will understand the nature of the threat. They
will understand yes, go on-line, have fun, learnthose are
the skills that are going to enable you to develop careers in
the futurebut they will also know where to go and when
to report and, more importantly, what to report. Through that
programme we are asking schools that when we engage with those
children face-to-face that they are given a homework which involves
sitting their parent down at the computer and saying, "This
is what I have been asked to do today," and simply asking
the parent to spend 10 minutes through the Think You Know education
campaign by allowing their child to take them for a walk on the
Internet and showing them that site. By simply doing that and
by reviewing the top tips, a parent and a child will engage in
a constructive conversation that will leave the parent better
informed and the child reassured and perhaps given some more advice
by the parent. I think that is the type of programme of work that
we need to be involved in and we need to be influencing as many
schools as possible to take it up.
Q203 Chairman:
Do you think more can be done through regulation, for instance
the Children's Charities Coalition argue for filtering products
to be pre-installed on all computers and set to a high default
security setting. What is the Government's view of the regulatory
approach to these issues?
Mr Wright: The Government's approach is self-regulation
where self-regulation is the best approach. In terms of filtering
and safety products, we are close to finalising a BSI standard
which will apply for these products to be accredited against because
at the moment there are a lot of products out there and they vary
in clarity and quality and parents are not well-equipped in choosing
between them, so by having products that are accredited against
a standard that parents understand, parents will be better able
to choose between them. In terms of pre-installation, the next
thing is to look at making sure that as many parents as possible
are using them. Pre-installation is obviously one way of doing
that and the Task Force is setting up a new group within that
to look at how we drive the take-up of safety software, and pre-installation
is one of the options on that.
Q204 Lord Mitchell:
What is the view of manufacturers to that, are they co-operative?
Mr Wright: The manufacturers of the safety products
have been very co-operative in developing the BSI standard. We
have not got as far as talking to manufacturers and retailers
of PCs about pre-installation yet, but understandably the people
who provide these products have been very co-operative in developing
this BSI standard.
Mr Gamble: The reality is that there is a commercial
imperative in delivering software which is safer for families.
People go and buy software on the basis of it being utilised positively
by the whole family and the children in particular. So if you
are someone that is selling something that people know is inherently
safer then there is a benefit to doing that. In the Child Exploitation
and On-line Protection Centre we partner very closely with industry
and we have found that partnership to have massive benefits for
us whereby we develop an ethical mutual interest in making children
safer and we develop an ethical mutual benefit through that sharing
of knowledge that allows us to inform them about where the risk
manifests itself. Let me give you an example. Through the reports
that we get into the Centre we are able to identify trends, themes
and patterns. From that we are able to talk to manufacturers about
where the threat perhaps manifests itself at any particular time.
So that we know that Internet relay chat, instant messaging, is
the environment where children are most likely to come into contact
with a predator who wants to engage them. By working with one
of our partnersMicrosoftvery, very closely we were
able to get them to sacrifice a space where they could advertise
and gain a significant amount of revenue over a year to put our
"report abuse" button in so that if you are a child
in that environment and you are threatened by an inappropriate
advance you are able to click on that button, initially get direct
advice from us and then secondly report your suspicions. In the
week that mechanism went on-line our reports went up 113 per cent.
By working constructively with industrywe work very closely
with Vodaphone, BT, AOL, Microsoft and otherswe have found
that we are able to gain a mutual benefit that I am not sure would
be gained in the same way if we went for a regulatory approach.
I have to say at this stage with my experience in the recent past,
I do not support regulation per se.
Q205 Lord O'Neill of Clackmannan:
Given that a lot of schools have pretty old computers and do not
replace them very quickly, how confident are you that you can
ensure that the software of the kind you have just been describing
can be incorporated into school IT systems on a regular basis?
Can you disseminate that information? Can you get it out? Are
teachers able to load it onto the computers for the youngsters
in their classrooms?
Mr Gamble: There are two different issues. The
first is the stuff that can be bought commercially and we are
working with the Home Secretary's Task Force and others to encourage
manufacturers to meet certain standards so that people can be
simply reassured and understand that that is safer. In the institutional
environment, be it schools or care homes where many children are
very vulnerable, we are working with some of the boards so that
they better understand the nature of the threat. I know working
with Vernon Coaker's office we are keen that by the end of 2007
at source many of the industry partners will have some form of
blocking technology, and we are developing other initiatives which
recognise that every provider will not be able to deliver that
in the same way. In schools I can tell you this week the DfES
have advertised for a grade seven member of their staff to work
within our environment in CEOP so that they can engage with schools
and ensure the safety messages that we are delivering and the
guidance we are giving about what you should and should not do
in schools goes direct to them. More importantly, I think in the
longer term one of the key recommendations from this must be that
this type of safety message is embedded in the national curriculum,
and not just under information communication technology because
it is about social responsibility. Let us not forget that technology
is neutral. It is people who will abuse it or use it for positive
means.
Q206 Baroness Sharp of Guildford:
I wonder whether you could tell us a little bit more about CEOP
since its inception in 2006. For example, precisely what is its
role? What sort of resources are available to it? Are those resources
adequate to the tasks that you face in this programme of trying
to reach one million children with the message that you are trying
to get over?
Mr Gamble: CEOP's primary aim is to identify,
locate and safeguard children and thereby reduce the harm that
they might otherwise face. It was built on the back of lobbying
from groups not dissimilar to this one. It certainly represented
the Home Secretary's Task Force, children's charities and the
Police Service and industry itself. It was built to be different.
We have constructed around three principal faculties. The first
one is recognising that information in this area needs to be better
managed and better shared, so the principal faculty is the intelligence
faculty where we bring information in from police forces in this
country and from abroad, from NGOs in this country and abroad,
from industry partners in this country and abroad, and (since
the launch of CEOP) directly from young people themselves. When
we first launched we were getting about 21 per cent of the reports
that came in from people below the age of 18. Today that number
is up to over 40 per cent so bringing that information in, applying
that analysis, identifying where a child might be at risk and
identifying where an individual represents a risk to that child
has resulted in national child protection operations where we
have rescued eight children from contemporary hands-on abuse and
arrested many, many more offenders. Bear in mind that academic
studies will tell you that the average offender in the real world
will offend against about 73 children, and I would say that is
a conservative estimate, in the span of their offending career.
The information, how we manage it and how we share it is critically
important and are areas that we need to improve on. From that
collection of information we create our second faculty which is
our harm reduction faculty. Now that we better understand the
nature of the offence, the nature of offender and the environments
on-line and off-line where that is committed, it is about how
do we create a "safer by design" technology, and we
touched on that earlier. We have a safer by design team that works
with industry and works with the Home Secretary's Task Force to
encourage the sharing of information that can be translated into
safer technology tomorrow, and we do that working very constructively
with industry. That faculty deals with our education campaign.
We could never reach one million children by ourselves so we cascade
it out and we create and validate the product working with industry,
working with charities and working with others. We make sure that
it is contemporary and we have a youth panel presently of 60 young
people made up of all of the diverse communities that represent
the UK and we intend that to grow to 150. They come in and they
advise usdoes this touch you, does it grab you intellectually
and emotionally in a way that would change your behaviourso
we listen to what young people say and we construct much of the
stuff that we do on-line with their advice. That is situated in
our harm reduction faculty. We have trained over 1,300 specialists
in the UK from the Police Service, social services and charities
around issues about understanding sex offenders on the Internet,
interviewing sex offenders, and other training courses that we
deliver. Our victim identification team is based in the harm reduction
faculty. Those are the individuals that will take information
from a police force, so seizing a computer in Manchester with
thousands upon thousands of images and apply the lessons that
we have learned in some of the operations that we were associated
with earlier on to say how can we identify and locate and rescue
the child. That is done by taking that information, applying an
analysis on the clues that are available, and so far we have identified
five children from that and we have 19 on-going investigations
in that regard. That all sits in the harm reduction faculty with
our academic team who work on a research basis to help us better
understand why people commit these offences and how we can interdict
with them at an earlier stage to make a difference. The final
faculty is our operations faculty and that is where we house our
financial investigation team, supported by Visa International.
We would be unable to deliver that on the basis of our core funding
were it not for the significant financial and intellectual support
that Visa International bring to the table. That is where we would
target those individuals that operate in a pay-per-view environment
treating child abuse images as a commodity. We now attack them
in the same way we would have before a drug dealer who uses cocaine
or heroin as a commodity. We also use that specialist resource
to identify patterns of life. If you are a sex offender, where
are you going, what are you buying, what are your intentions about
travelling? So we build that picture up and it helps our offender
management team help the multi-agency public protection panels
when they look at the most high-risk offenders. We have a second
team which is our covert Internet investigations. They at this
moment in time are engaged with counterparts across the worldCanada,
America, Australia, Italy, with Interpolwhere we are engaged
in infiltrating those paedophile groups in the real world who
use and abuse the technology to share information with one another
to minimise and self-justify the behaviours that they enact, and
to help identify, interact with and locate children they can reach
in the real world. So that group is infiltrating as we speak and
you will see over the months that follow the results are going
to be outstanding and the evidence will be available in the public
arena in the not-too-distant future. Finally we have an operations
support team there that go out to forces providing forensic behaviour
analysis support and also providing co-ordination support in this
country and abroad where we are able to raise levels of awareness.
After all I have said you probably think I am going to say we
have got several thousand people. The Centre is about being more
intelligent as opposed to being simply larger. There are between
80 and 100 people currently working in the Centre from a variety
of backgrounds including the Police Service, the Serious Organised
Crime Agency. The NSPCC has embedded a significant number of its
personnel in our premises. Microsoft has embedded a significant
number of their personnel working for us within our premises.
Different government departments are represented within the premises
so it is a partnership that manifests itself in reality every
day across a desk and not at a meeting you might or might not
attend once a month. Hopefully I have not gone on too long and
that has given you a feel.
Q207 Baroness Sharp of Guildford:
In terms of resources, which was of course one of the questions
I asked, I take it from what you say that it is a mix of public
and to some extent private sector resources that you are getting?
You were talking about Visa but you are also getting resources
in from Microsoft and some of the children's charities.
Mr Gamble: That is correct and we could not
operate without that support from industry, from the children's
charities, and from others.
Q208 Baroness Hilton of Eggardon:
Carrying on from that, clearly a lot of your work is reactive
to information that you receive. To what extent are you able to
be proactive and go out looking for paedophiles for example or
other people who may be pursuing children and grooming them?
Mr Gamble: Through our partnership with the
Virtual Global Task Force, which is a collaboration of international
law enforcement agencies which I chair, we operate 24/7 on-line
on the Internet. That is undercover officers from Canada, America,
Australia and the UK, shortly to be joined by a new partner I
hope in Italy, sharing the patrolling time that we need where
we will visit the locations where intelligence indicates to us
that people are gathering that represent a threat to children
so we engage them. That is low cost and high impact. What it means
is that whilst we are working the Canadians are sleeping, they
then take on the next shift, the Australians the one after, and
we have the overlap with the Americans. It means as well that
we are able to engage paedophile networks in a much more holistic
way than we ever could before and we can call on resources to
reinforce our activity that are not simply within our own jurisdiction
because where we are proactiveand we are very proactive
at presentwe do that on the basis of attacking the threat,
not on the basis of the geography of where it manifests itself.
You cannot do that on the Internet. You have to sacrifice a little
bit of your own sovereign territorial responsibility. What people
need to understand is as child if I am a 15-year-old girl who
exposes myself on a web camera to someone I believe is a 16-year-old
boy, the offence has taken place and that image will be forever
shared and as a 47-year-old paedophile I will use that image when
I am engaging a 15-year-old boy to pretend that I am a 15-year-old
girl and I will share that image pretending that it is me. So
the perpetrator in that regard can be in Canada, America, Russia
or Australia and can capture that image and that child is revictimised
every time that image is shared or sold or swapped. We are looking
in that regard at the value of an image, so when we capture someone
who has a huge collection we can quantify what does that mean
in a financial sense and can we use the Proceeds of Crime Act
to remove the benefit that they have accrued from them and to
make an investment in child safety in the future using those ill-gotten
gains.
Q209 Baroness Hilton of Eggardon:
What other organisations do you liaise with, the Internet Watch
Foundation for example?
Mr Gamble: We work very, very closely with the
Internet Watch Foundation here in the UK, and with charities large
and small. We met with Barnado's yesterday about post-incident
trauma counselling for children. We work with every government
department, very closely with BECTA, very closely with DfES, very
closely to the National Offender Management Team and all of the
charities that you would imagine, headteachers' associations,
the Football Association, anywhere where children will go we are
able to engage and influence them. If you were to visit the CEOP
centre, which I would really encourage all the Members to do,
and test the DNA when you were there, the DNA would reveal partnership.
There is nothing that we do that we do by ourselves. It is about
this mixed ingredient that builds something which is significantly
different, and the results that we have had to date evidence the
fact that the proof of the concept that we have delivered in this
first year needs to be significantly reinforced in the years to
follow so that we can capitalise on the early success.
Q210 Lord Harris of Haringey:
I want to pursue the question of whether there are adequate resources
available working in the area of on-line child protection? Are
there sufficient police officers? Are there enough police officers
with the appropriate training? Is there enough appropriate equipment
in the Police Service? Are there enough other staff, other agencies?
Could you give us some indication of that?
Mr Gamble: First of all, let me say about the
Police Service, do we need more police officers to be engaged
in this work? Yes we do. Do they need to be in our building for
example? No, they do not. Are the police of themselves necessarily
the right people? What we need is more people with the right skills.
Some of them will be police officers, others will be members of
industry, others will come from social services with a particular
understanding about the impact of harm on children, and some of
them will be from government. We do need more resources. We do
not need massively large amounts or significant amounts of reinforcement.
What we need is the right people in the right place and a more
intelligent approach to co-ordinating our activity. The benefit
the criminal sees in the Internet is that they can be in many
places at many times representing themselves in many different
guises as different people. We can turn that against them. A small
group of highly trained covert investigators can be many people
in many places targeting many criminal entities, and we need to
make sure that we get the best use of UK resources by more effectively
focusing what we do around a tasking and co-ordination process,
and we in ACPO are currently working on just that thing through
our Countering Child Abuse on the Internet Group.
Q211 Lord Harris of Haringey:
Operation Ore led to something like nearly 1,500 convictions in
the UK yet I have also been told that it could have been a lot
more but there was a resource constraint. What impact did Operation
Ore have on police resources and on the wider criminal justice
system at the time and what were the pinch points?
Mr Gamble: I think there is a lot of misinformation
about Operation Ore and I welcome the opportunity to address some
of those issues now. Operation Ore was a wake-up call. Operation
Ore and the seeds for it were planted in the late 1990s when a
couple in America who sold pornographic images to customers through
acting as a web conduit found out quite by accident that they
could make significantly larger amounts of money by selling abusive
images of children, so they are organised criminals who are good
business people because they divert to an area where they see
the risks being lower and the profits being higher. We were not
prepared for that in UK policing. I do not think social services,
I do not think any of the institutions, even the academic ones,
would ever have foreseen the fact that we were going to be hit
with that number of suspects. Let us be clear, did we learn lessons
in Operation Ore as a service? Of course we did. I think it is
important to recognise that the volumes were unlike anything anyone
had seen before in a single crime type and it was complex. Sometimes
people were seduced by the complex nature of it because it is
the Internet and you see it as a labyrinth and where do you go.
I think historically there has been a tendency to say, "We
cannot do anything about it because it is the Internet. We cannot
make a difference because this technology is something we cannot
understand." The principal lesson we learned from Operation
Ore is this: the Internet is simply another public place, it is
like this room, and the Internet is not good or bad; the people
who occupy it at any given time will decide how good or bad it
is. From a UK policing point of view, the lesson we learned is
when you look at the suspects in these cases you have to categorise
and prioritise them on the basis of those who represent the greatest
potential risk to children. We did that and to date there are
over 2,300 cases that have been dealt with through the judicial
process and there has been a finding of guilt either through conviction
in court or in just over 600 cases cautions. Police cautions are
not given out on the basis of it being an easier route to reconcile
and draw a line under a case. Police cautions are given out under
national guidelines where there is a realistic likelihood of conviction
and where the individual concerned has made a full and frank admission
in the full understanding of the consequence of that. Anyone that
accepts a caution for a criminal offence is guilty of that offence.
Make no mistake about that. It is the same as if I am convicted
today and say, "Actually I am innocent, I only pled guilty
because I wanted to get it over in time to go and do something
else or to move on beyond it." Anyone who has had a caution
administered is guilty. Operation Ore represents a success. Let
us be very clear, 132 children were rescued from actual live time
abuse. That is a success. The police however began to view it
in a different way: should we in the future be focused simply
on finding where images are? I do not think so. We need to adopt
a different approach. It is people that put the images on the
Internet, it is not the technology. We need to be focused on the
people who create the harm by taking the images in the first place
because every image represents a victim. Every child is a victim
in the first instance and revictimised in the second instance.
I think Operation Ore was great work by the British Police Service
and I would want to give them credit where credit is due for that
and dealing with a difficult and complex area of a new crime type
or an old crime committed in a new environment whereby they were
able to do something that rescued that number of children.
Q212 Lord Harris of Haringey:
Could I stop you there. Certainly I was not trying to criticise
the work you have done on Operation Ore; it is a question of whether
more could be done. If it happened again with a similar sort of
situation, could you take us through a little bit who takes the
lead on this? Is it yourselves, is it SOCA, and I know SOCA has
been criticised for allegedly downgrading its response to Internet
crime, or is it the individual police forces? How is that responsibility
allocated?
Mr Gamble: The national responsibility as a
single point of contact would be the Child Exploitation and On-line
Protection Centre. The lessons that we have learned in dealing
with Operation Ore have meant that it will be processed in a much
more effective and efficient way. We learned lessons when we began
to deal with what was an old crime committed in a new way previously,
so that would come to us now. We have the mechanism and the infrastructure
now to allow initial assessment of the intelligence and intelligence
development to happen in a processed way. If you were able to
visit I would be able to show you how that works, where we take
the intelligence in, we establish whether there is a potential
live time threat to a child and process it as a priority. Where
there is not that immediate evidence, that information is then
developed to a degree that we can decide whether or not a person
has committed an offence. Let me give you one quick example. I
mentioned to you that we are working on pay-per-view sites. We
looked at a pay-per-view site facilitated in the UK. We were able
to operate to a degree using undercover officers as well as financial
investigation so that we were able to test the evidence prior
to making arrests. Without going into the detail of cases that
are still in court, I can say that in those cases the full and
frank admissions that were made immediately evidenced to me as
a serving police officer that that is an improved process, an
improved way forward. We would not have got there without experiencing
Operation Ore. Also it is worthy of note that in many, many cases
where we have investigated, and we are duty bound to investigate
them all, we have taken no further action where there is a doubt.
We have given the benefit of that doubt to the suspect, as is
right.
Q213 Lord Howie of Troon:
You have partially answered my question which was, was this a
new crime or an old crime using a new medium?
Mr Gamble: This question is asked a lotone
of the interesting issues, and I do not want to waste your time,
is that in 1874 a local photographer in the Pimlico area, Henry
Hayler, had over 130,000 photographic images seized held on 5,000
glass plates. Those pornographic images included images of him,
his wife and his children, so it is a crime which has been with
us I think always. It is a crime that the Internet allows those
who are motivated to do so to exploit to a different level and
to a different degree, but the good thing is this guy Henry Hayler
left the jurisdiction and we believe he either went to Berlin
or New York where he continued to share images for some time and
in today's world the forensic contact with the on-line environment
would give us many, many clues to track him. The relationships
that we have through the Virtual Global Task Force, through our
participation in G8, and through our partnership with Europol
and Interpol would mean the likelihood of him remaining at large
until he wrote his journal and subsequently died would be strictly
limited.
Q214 Lord Howie of Troon:
If it is an old crime in a new way, do you need new laws or can
you catch the perpetrators using the laws which exist?
Mr Gamble: In most instances we can use the
laws that currently exist. If you take the public place analogy,
people will go to and frequent a public place, sometimes on payment
or otherwise, but it remains in essence a public place, and the
common law and the precedent that has been set over the years
is something that we should not easily move away from. Where we
have needed law that is more flexible and that understands the
technology, such as grooming and the sexual offences legislation,
then we have found Government and others very willing to be flexible
and to look at that in a different way. Through the Home Secretary's
Task Force a particular subgroup continues to look at that and
we are considering cartoon images, for example. In the future
we are going to have to look at the written word and the harm
that can be conveyed by an obscene publication in that way in
the on-line environment. You might want to consider for example
as a question, is it right that as a 47-year-old man I can go
onto the Internet tonight and pose as a 14-year-old to talk to
a girl who is 13? Forget about sexual intent, is it right that
I should be able to do that? Why would any 47-year-old man ever
want to engage with a 13-year-old girl whilst masquerading as
a 14-year-old boy. I think without lawful authority or reason
you should not be allowed to do that. So do we need to look at
other aspects of the law? Yes we do. Have we found the system
to be willing to consider and contemplate how those could be developed?
Yes we have.
Q215 Lord Howie of Troon:
Have you any proposals for new laws?
Mr Gamble: I have a number of proposals that
I would like to make before the end but none of them relate to
new laws. To be fair, it is not about new legislation. It has
got to be about new thinking in this environment and that is what
we have found to be far more effective.
Mr Wright: We have been very keen to review
the law and see whether it is fit for purpose. Just to clarify
what Jim said, the Home Secretary is currently consulting Cabinet
colleagues about whether to ban the possession of computer-generated
images of child abuse, including cartoons and other graphic illustrations
of children being abused.
Q216 Lord Howie of Troon:
So possession rather like possessing cannabis?
Mr Wright: Yes and at the moment the possession
of real images is illegal but the possession of computer-generated
images is not illegal.
Q217 Lord Howie of Troon:
Is that really because e-crime is scarcely recognised?
Mr Wright: I think it is because the original
legislation was about protecting children and an image of a child
being abused is directly related to protecting that child because
the child is harmed and abused in the creating of the image. In
computer-generated images it is rare for a child to be harmed
in the creation of the image so the legislation grew up differently
but now we think we should ban the possession of those as well.
Q218 Lord Howie of Troon:
Could you give me some notion of the size of the problem? Is on-line
child abuse getting worse or increasing? You mentioned something
like 132 children. I do not wish to disparage your work but that
is not terribly many children.
Mr Gamble: But that is Operation Ore and if
you look at the number of individuals arrested and acknowledge
the fact that over their lifetime of offending academic evidence
would indicate to us that they offend against many children. Let
us look at a recent case. Lee Costi was convicted in Nottingham
last year, a young man who had gone on-line and habitually engaged
with 13 and 14-year-old girls and whose method of operating was
to engage them on the Internet and then to meet them at a train
station where he would engage in sexual activity with them. If
you look at the computer hard drive and you examine it, you will
see that he had conversations with many, many, many young people
all of which, given the right circumstances at the right time,
could have led to offending, so the preventative technology here
is important. Secondly, people sometimes become confused by saying
you are misdirecting child protection activity here because the
real harm takes place in the home or in the broader family circle.
They need to recognise the fact that a computer (which is in 70
per cent of homes which gives on-line access) allows children
to form intimate relationships in the way they once only did with
close family and friends living in the proximity. So is it a problem
that is growing? I do not think it is. Is the profile of it growing
because people are becoming more aware? I think that is the case.
Our job is more about child protection however than about technology
and one of our great fears is that sometimes we become so seduced
by the technology in these issues that we lose sight of the issue
which is protecting children no matter which environment they
happen to be in at any given time.
Q219 Earl of Erroll:
I was going to ask about whether the existing laws were adequate
for dealing with people acting illegally on-line dealing with
people accessing illegal on-line content but I think you have
really answered that. One of the things that concerns me is that
some of the evidence of some of the stuff that is going on can
be discredited if you start accidentally bringing innocent people
into the net, and it was said that there were a certain number
of people whose credit card details were held by Landslide Productions
(which led to Operation Ore) where there was no evidence they
had accessed any illegal content and yet they were in some cases
apparently hounded. There was also I heard word that some of the
images that were found on computers may have only been sitting
in temporary Internet files because they were hidden behind thumbnails
on the front page and people had not actually gone into that part
of the website. Do you have any comment on that?
Mr Gamble: In order to access the Landslide
website there was a process that you had to go through. Let me
say for the record I am speaking generally now because it would
be inappropriate when there are still some cases pending for me
to go into detail. The principal operation of Landslide was simply
this: you went on; you identified what you wanted; you handed
over your credit card details and you were sent a password back
to your e-mail address which you had; you then went back on-line
using that password which had been sent to your computer and then
accessed your chosen choice. People have said, "Well, it
said here `click child porn', and it did not." In some cases
of course it did not; in some cases it said "click here for
child rape". Where those people have been investigated, they
have been investigated first and foremost because there is a reasonable
ground to suspect that they may have committed a crime. They are
not guilty in the first instance. That case came to what was then
a paedophile investigation team and went out to an individual
police force. The individual police force independently assessed
the evidence and independently investigated it. At the end of
that independent investigation that information, including the
process by which they accessed the site allegedly, went to the
Crown Prosecution Service which independently assessed the veracity
of the information placed before them and whether or not there
would be a likelihood of prosecution. Once they had made their
decision it went to the court system where a judge made a decision
independently about the veracity of the evidence produced by the
prosecution and the information provided by the defence. It is
common practice in many casesand I have been a law enforcement
officer for over 26 yearsto try and discredit an operation
of any type, not least this type in a new area. I would not want
to associate myself with any investigation that manifested itself
in the way you described, and that does not bear any resemblance,
in my view, to my actual experience of this investigation.
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