scholarly journals “Our Laws Have Not Caught up with the Technology”: Understanding Challenges and Facilitators in Investigating and Prosecuting Child Sexual Abuse Materials in the United States

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 28
Author(s):  
Olivia Cullen ◽  
Keri Zug Ernst ◽  
Natalie Dawes ◽  
Warren Binford ◽  
Gina Dimitropoulos
Keyword(s):  
United States ◽  
Sexual Abuse ◽  
Law Enforcement ◽  
Child Sexual Abuse ◽  
Best Practices ◽  
Service Providers ◽  
Well Being ◽  
The United States ◽  
Multidisciplinary Teams ◽  
Internet Service

With technological advances, the creation and distribution of child sexual abuse material (CSAM) has become one of the fastest growing illicit online industries in the United States. Perpetrators are becoming increasingly sophisticated and exploit cutting-edge technology, making it difficult for law enforcement to investigate and prosecute these crimes. There is limited research on best practices for investigating cases of CSAM. The aim of this research was to understand challenges and facilitators for investigating and prosecuting cases of CSAM as a foundation to develop best practices in this area. To meet these objectives, qualitative interviews and focus groups were conducted with participants throughout the western United States. Two major themes arose from this research: Theme 1: Challenges to investigating and prosecuting CSAM; and Theme 2: Facilitators to investigating and prosecuting CSAM. Within Theme 1, subthemes included technology and internet service providers, laws, lack of resources, and service provider mental health and well-being. Within Theme 2, subthemes included multidisciplinary teams and training. This research is a first step in understanding the experiences of law enforcement and prosecutors in addressing CSAM. Findings from this study can be used to support the development of best practices for those in the justice system investigating and prosecuting CSAM.

scholarly journals The economic burden of child sexual abuse in the United States

2018 ◽  
Vol 79 ◽  
pp. 413-422 ◽  
Author(s):  
Elizabeth J. Letourneau ◽  
Derek S. Brown ◽  
Xiangming Fang ◽  
Ahmed Hassan ◽  
James A. Mercy
Keyword(s):  
United States ◽  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Economic Burden ◽  
The United States

scholarly journals Pushing Back on Stricter Copyright ISP Liability Rules

2021 ◽  
pp. 299
Author(s):  
Pamela Samuelson
Keyword(s):  
United States ◽  
Service Providers ◽  
The United States ◽  
Fundamental Rights ◽  
Safe Harbor ◽  
The European Union ◽  
Internet Service ◽  
Liability Rules ◽  
Stakeholder Interests ◽  
Wide Range

For more than two decades, internet service providers (ISPs) in the United States, the European Union (EU), and many other countries have been shielded from copyright liability under “safe harbor” rules. These rules apply to ISPs who did not know about or participate in user-uploaded infringements and who take infringing content down after receiving notice from rights holders. Major copyright industry groups were never satisfied with these safe harbors, and their dissatisfaction has become more strident over time as online infringements have grown to scale. Responding to copyright industry complaints, the EU in 2019 adopted its Directive on Copyright and Related Rights in the Digital Single Market. In particular, the Directive’s Article 17 places much stricter obligations on for-profit ISPs that host large amounts of user contents. Article 17 is internally contradictory, deeply ambiguous, and harmful to small and medium-sized companies as well as to user freedoms of expression. Moreover, Article 17 may well violate the European Charter of Fundamental Rights. In the United States, Congress commenced a series of hearings in 2020 on the safe harbor rules now codified as 17 U.S.C. § 512 of the Digital Millennium Copyright Act (DMCA). In May 2020, the U.S. Copyright Office issued its long-awaited study on Section 512, which recommended several significant changes to existing safe harbor rules. The Study’s almost exclusively pro–copyright industry stances on reform of virtually every aspect of the rules notably shortchanges other stakeholder interests. Congress should take a balanced approach in considering any changes to the DMCA safe harbor rules. Any meaningful reform of ISP liability rules should consider the interests of a wide range of stakeholders. This includes U.S.-based Internet platforms, smaller and medium-sized ISPs, startups, and the hundreds of millions of Internet users who create and enjoy user-generated content (UGC) uploaded to these platforms, as well as the interests of major copyright industries and individual creators who have been dissatisfied with the DMCA safe harbor rules.

The prevalence of declarative and indirect yes/no Questions when children testify in criminal cases of child sexual abuse in the United States

2019 ◽  
Vol 34 (1) ◽  
pp. 194-204
Author(s):  
Stacia N. Stolzenberg ◽  
Stephanie J. Morse ◽  
Danielle L. Haverkate ◽  
Anastacia M. Garcia‐Johnson
Keyword(s):  
United States ◽  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
The United States ◽  
Criminal Cases

Homosexual Parents: A Comparative Forensic Study of Character and Harms to Children

1998 ◽  
Vol 82 (3_suppl) ◽  
pp. 1155-1191 ◽  
Author(s):  
Paul Cameron ◽  
Kirk Cameron
Keyword(s):  
United States ◽  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Physical Abuse ◽  
Criminal Activity ◽  
The United States ◽  
Custody Disputes ◽  
Court Literature ◽  
Appeals Court ◽  
Parental Character

40 appeals cases of custody disputes drawn systematically from all cases involving a homosexual parent in the United States were compared to 38 appeals cases involving heterosexual custody disputes drawn randomly from listings under parental “character” and 18 appeals cases drawn randomly from “general” cases in Dicennial Digest from 1966 to 1991. Each case involving homosexual vs heterosexual claimants was examined for recorded information about (1) the character of the homosexual parent, the associates of the homosexual parent, the heterosexual parent, and the associates of the heterosexual parent, (2) the effects, particularly harms, upon the child(ren), and (3) psychiatric opinion. 82% of the homosexual vs 18% of the heterosexual parents and 54% of the homosexual's associates vs 19% of the heterosexuals' associates were recorded as having poor character in cases involving a homosexual claimant. Of the 66 recorded harms, e.g., molestation, physical abuse, to the 73 children, homosexual persons accounted for 64 (97%). Of the 32 lesbians, 6 were recorded as having engaged in criminal activity and 3 of bringing false charges of child sexual abuse against the father. Psychiatric opinion, however, ran 25 to 12 in favor of custody for the homosexual parent. In the 56 heterosexual vs heterosexual comparison cases, 38% of the heterosexual parents and 28% of their associates were recorded as having poor character. Six harms to their 105 children and 3 instances of criminality but no false charges of sexual abuse were recorded. In the appeals court literature, homosexual parents were disproportionately of poor character and disproportionately associated with various harms to their children.

Best Practices in Policing

2020 ◽  
pp. 224-257
Author(s):  
Kae Greenberg
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Best Practices ◽  
Partner Violence ◽  
Help Seeking ◽  
The United States ◽  
Intimate Partner ◽  
Transgender People ◽  
Competency Training ◽  
Police Interactions

Intimate partner violence is one of the most underreported crimes in the United States. The sensitive nature of proper police response and protocol is further complicated by the need to adequately serve transgender populations criminally victimized by intimate partners. Due to the complicated history between the police and transgender communities, many transgender people hesitate to involve the police in their affairs. While police are often the first responders to IPV incidents and can serve as both help-seeking resources and safety enforcers, best practices in police interactions with transgender survivors of IPV are rarely discussed in the literature or applied in the field. Researchers generally identify issues with transphobia in law enforcement, misgendering, improper call screening, non-tailored response, and other LGBTQ competency training issues. This chapter will highlight some of the unique challenges for law enforcement in responding to transgender IPV, with an eye toward ultimately improving responses to transgender survivors.

Banding together for bandwidth: An analysis of survey results from wireless community network participants

First Monday ◽  
2011 ◽  
Author(s):  
Gwen Shaffer
Keyword(s):  
United States ◽  
Sense Of Community ◽  
Service Providers ◽  
The United States ◽  
Resource Mobilization ◽  
Community Networks ◽  
Policy Recommendations ◽  
Internet Service ◽  
Local Politicians ◽  
Survey Results

Using a resource mobilization framework, this study attempts to better understand the factors motivating people to join wireless community networks that enable members to share bandwidth. In addition, the research illuminates ties between this kind of peer-to-peer networking and civic engagement at a broader level. An in depth survey completed by 43 respondents from throughout Europe and North America found that participants in this movement felt a stronger sense of community, as well as were more likely to help elect local politicians and to work on local issue campaigns, after joining WiFi sharing initiatives. The study concludes with proposed policy recommendations—geared toward regulators, legislators and Internet service providers in the United States.

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