A study on

‘Cyber Crime – Child Pornography’

Submitted By

PRNo.9030241042

Vipin Maheshwari

ITBM (2009-11)

Symbiosis Centre for Information Technology

(A constituent member of SIU Established under section 3 of the UGC Act 1956
vide notification No. F.9-12/2001-U.3 of the Government of India)
 Acknowledgement

I would like to express my deep gratitude to Prof. Venkat R. my dissertation

mentor, for all his guidance and support during this project. He has been a source of

inspiration to me throughout my project and has given me valuable inputs for my

work. I also sincerely thank Dr. Raman , Director of SCIT for providing an academic

platform which helped me sail through the Project with ease and comfort.
Contents

Chapter 1 Introduction.....................................................................................................................3
1.1 Abstract......................................................................................................................................3
1.2 Objectives.............................................................................................................................5
1.3 Scope.....................................................................................................................................5
1.4 Methodology.........................................................................................................................5

Chapter 2 Review of literature.........................................................................................................6

2.1 What is CYBERCRIME?..........................................................................................................6
2.2 Classification of Cybercrime:....................................................................................................7
2.3 Relationship between child pornography and human trafficking:...........................................12

Chapter 3 Analysis of work done..................................................................................................12

3.1 Facts And Figures On Cyber Crime: Child Pornography........................................................12
3.2 Means of Protection from Child Pornography:.......................................................................13
3.3 Legislative Protection At The National Level:........................................................................15
Obscenity on the Internet in India.................................................................................................15
Indian law regulating child pornography.......................................................................................17
3.4 The American model of protection:.........................................................................................18

Chapter 4:.......................................................................................................................................21
4.1 Solutions And Suggestion........................................................................................................21
4.2 Conclusion...............................................................................................................................22
4.3 References:..............................................................................................................................24
Chapter 1 Introduction

1.1 Abstract

Name: Vipin Maheshwari

PRN: 9030241042

Batch: 2009-2011

Branch: ITBM

Crime is a social and economic phenomenon and is as old as the human society. As, Life

is about a mix of good and evil, so is the Internet. For all the good it does to us, cyberspace has

its dark sides too. The Internet is undeniably open to exploitation. Known as cybercrimes, these

activities involve the use of computers, the Internet, cyberspace and the World Wide Web.

Cybercrime is the latest and perhaps the most complicated problem in the cyber world. .

Cybercrime is an evil having its origin in the growing dependence on computers in modern life.

In a day and age when everything from microwave ovens and refrigerators to nuclear power

plants is being run on computers, cybercrime has assumed rather sinister implications.

While the worldwide scenario on cybercrime looks bleak, the situation in India isn't any better.

Cybercrimes in India are slowly evolving from a simple e-mail crime to more serious crimes like

hacking and source code theft. Cases of spam, hacking, cyber stalking and email fraud are

rampant despite the enactment of the Information Technology Act, 2000, the India’s Cyber Law
and setting up of cybercrimes cells in major cities. The problem is that most cases remain

unreported due to a lack of awareness.

So, the need of the hour is to make the masses aware of the Cyber Crime itself and their rights

and duties in relation to Cyber Crime. As, it is only then can this growing menace be checked.

So, in the present report an attempt has been made to describe the various types of cybercrimes

and the present scenario on the cybercrime and the preventive measures that should be taken up

to protect ourselves.

1.2 Objectives

` A research on the consequences of cybercrime on children and the ways in which we can

make children safe from sexual predators without harming them in the process.

1.3 Scope

The scope of the report will include the understanding of the Cybercrime and Types of

cybercrimes. Cybercrime is increasing in every other form and this is not a thing which is under

control.

The scope of study of cybercrime here is limited to child pornography. We are going with this

because currently 40 percent of the children in world below 18 years are finding easy access to

internet.

1.4 Methodology
 The Methodology to be used will be:

1. Study of literature which are relevant to the topic

2. A secondary research will be undertaken to understand the cybercrime issues.

3. Using primary data (if applicable) or secondary data wherever required (with proper

citations) for my research.

4. Analysis based on the information gathered to generate an insight into the subject matter.

5. Concluding the research and suggesting new ideas that might be implemented

Chapter 2 Review of literature

2.1 What is CYBERCRIME?

Cybercrime is defined as crimes committed on the internet using the computer as either a

tool or a targeted victim. It is very difficult to classify crimes in general into distinct groups as

many crimes evolve on a daily basis. Even in the real world, crimes like rape, murder or theft

need not necessarily be separate. However, all cybercrimes involve both the computer and the

person behind it as victims; it just depends on which of the two is the main target.

Hence, the computer will be looked at as either a target or tool for simplicity’s sake. For

example, hacking involves attacking the computer’s information and other resources. It is

important to take note that overlapping occurs in many cases and it is impossible to have a

perfect classification system.

• Computer as a tool

When the individual is the main target of Cybercrime, the computer can be considered as

the tool rather than the target. These crimes generally involve less technical expertise as the

damage done manifests itself in the real world. Human weaknesses are generally exploited. The

damage dealt is largely psychological and intangible, making legal action against the variants

more difficult. These are the crimes which have existed for centuries in the offline. Scams, theft,

and the likes have existed even before the development in high-tech equipment. The same

criminal has simply been given a tool which increases his potential pool of victims and makes

him all the harder to trace and apprehend.

• Computer as a target

These crimes are committed by a selected group of criminals. Unlike crimes using he computer

as a tool, these crimes requires the technical knowledge of the perpetrators. These crimes are

relatively new, having been in existence for only as long as computers have - which explains
how unprepared society and the world in general are towards combating these crimes. There are

numerous crimes of this nature committed daily on the internet. But it is worth knowing that

Africans and indeed Nigerians are yet to develop their technical knowledge to accommodate and

perpetrate this kind of crime.

2.2 Classification of Cybercrime:

The subject of cybercrime may be broadly classified under the following three groups. They are-

The following are the crimes, which can be committed against the followings group

 Against Individuals: –

i. Harassment via e-mails.

ii. Cyber-stalking.

iv. Defamation.

v. Unauthorized control/access over computer system.

vi. Indecent exposure

vii. Email spoofing

Viii. Cheating & Fraud

 Against Individual Property: -

i. Computer vandalism.
ii. Transmitting virus.

iii. Netrespass

iv. Unauthorized control/access over computer system.

v. Intellectual Property crimes

vi. Internet time thefts

 Against Organization: -

i. Unauthorized control/access over computer system

ii. Possession of unauthorized information.

iii. Cyber terrorism against the government organization.

iv. Distribution of pirated software etc.

 Against Society at large: -

i. Pornography (basically child pornography).

ii. Polluting the youth through indecent exposure.

iii. Trafficking

iv. Financial crimes

v. Sale of illegal articles

vi. Online gambling

The cyber criminals constitute of various groups/ category. This division may be justified on the

basis of the object that they have in their mind. The following are the category of cyber criminals

which we are interested to deliberate about -

1. Children and adolescents between the age group of 6 – 18 years –

The simple reason for this type of delinquent behavior pattern in children is seen mostly

due to the inquisitiveness to know and explore the things. Other cognate reason may be to prove

them to be outstanding amongst other children in their group. Further the reasons may be

psychological even. E.g. the Bal Bharati (Delhi) case was the outcome of harassment of the

delinquent by his friends.

As given by Mr. Khaled Muhieddine Ahmad in one of his Regional Conference whose topic was

“Cybercrime” .Speaking on the topic he elaborated on “Crimes related to the Gratifying Desire

to Use the Computer” he mentioned that Pornography on the net may take various forms. It may

include the hosting of web site containing these prohibited materials. Use of computers for

producing these obscene materials. Downloading through the Internet, obscene materials. These

obscene matters may cause harm to the mind of the adolescent and tend to deprave or corrupt

their mind. Two known cases of pornography are the Delhi Bal Bharati case and the Bombay

case wherein two Swiss couple used to force the slum children for obscene photographs. The

Mumbai police later arrested them.

The pornography industry and the scandalous pictures of children on the Internet are

considered one of the most chief forms of internet crime/cybercrime that have come to the

attention of all law enforcement agencies. The main problem behind these crimes is that while

they are usually committed in countries far away from us, still they are transmitted through

electronic media to the various parts of the world. In order to reach the causes behind this

phenomenon, it is essential to define the legal concept of child pornography which is to offer
anything (pictures, film, fees, or any product using the computer) in any means, revealing sexual

organs of children, or children committing acts of sexual conduct, whether as true and realistic or

imaginary. It is clear from this definition that for the completion of these crimes, it is necessary

that certain basic pillars are present, which can be summarized as follows: the subject, a minor

(male of female) that has not yet attained the age of 18 years, ought to be the involved in the

visual or audible display of pornography which includes a description and presentation of the

sexual organs of a child, or a of sexual act being committed by the child himself. Under these

circumstances the crime is considered complete, irrespective of whether the presentation is real

or acted out, as long as the purpose behind the presentation is to publish or distribute the material

for profit.

As for the legally sinful acts, they can be summarized as follows:

1. The production of child pornographic and obscene materials with the intention to distribute

it though the web.

2. Facilitate the presentation of pornographic material to others using a computer.

3. Distribution or transportation of child pornography using a computer.

4. The purchase of this pornographic material for oneself or others.

5. Possession of child pornography on a computer or its storage on a personal database.

The spread of this industry is limited to a number of states, while its trade is booming in all parts

of the world. However this does not deny that there are many countries that prevent child

pornography sites. Heading the list is the Kingdom of Saudi Arabia, followed by Iran, Syria,

Egypt, Bahrain and United Arab Emirates, Kuwait and Indonesia, Malaysia and finally

Singapore.
As for the production of pornography, the United States ranks the first among the most

productive countries, as statistics indicate that about 28% of those industries are in the United

States of America. As for the display of pornographic material on the Internet, numerous

international statistics centers such as the British Internet Watchdog, assert that 51% of sites that

offer these pornographic images are administered by the United States, and 21% of the sites are

managed from Russia, while Japan ranks third with 5%.

2.3 Relationship between child pornography and human trafficking:

It is also necessary to note that global statistics indicate that about 53% of the children involved

in the pornography industry are already victims of child trafficking within and outside states.

South-East Asia is considered the main supplier of children participating in the pornography

industry. It should also be noted that most countries incriminate - in one way or another – human

trafficking, however a few countries link the phenomena of child trafficking with the child

pornographic industry, despite the fact that international standards link between the two

phenomena. However the enforcement mechanisms are still powerless in the face of increasing

demand for manufacturing child pornography.

Chapter 3 Analysis of work done

3.1 Facts And Figures On Cyber Crime: Child Pornography.

Child pornography is a multi-billion dollar international sex trade industry. INTERPOL

has cited Germany as one of the major producers of child pornography, with the Netherlands and

the United Kingdom as the major distribution centers. United States is one of the largest markets

of demand for child pornography, though more interest has shifted to South East Asia in recent

years. The development of child pornography is fuelled by mainly two factors, the inception and

availability of home movies, videos, digital cameras, computers and software, which made the

making of child pornography relatively cheap and secondly, the development of Internet

technology, which has increased ease of production and distribution of this material to amazing

heights.

MSNBC recently reported that “42 percent of Internet users aged 10 to 17 surveyed

said they had seen online pornography in the past year. Of those, 66 percent said they did

not want to view the images and had not sought them out …”

University of Alberta researcher Sonya Thompson found that, in a similar study,

“… almost one-quarter of the boys watched pornographic DVDs or videos ‘too many times

to count’ and 35 percent said the same about Internet smut.”

 It is a proven fact that children who were sexually molested as children have a higher

chance of becoming sexual predators themselves. There is a reason that most pornographic sites

have an age limit, now while this is a poor deterrent to determined teenagers it is still law. The

age of consent in most states in the US is 17, ever wonder why? Because children are too

immature to properly make decisions regarding sex.

3.2 Means of Protection from Child Pornography:

Parents and Adults:

Parents and other adults are the first line of defense against online threats. Unfortunately,

many parents feel uninformed or ill-equipped to deal with evolving issues of Internet safety and

need credible outside help.

Software Solutions for Schools and Libraries

Success Story of Filtering in Public Schools:

An April 1998 article from the Associated Press said that it has been documented through

the Utah Education Network (UEN) that public school students tried to access pictures of naked

women or other prohibited material 275,000 times in just one month. In February students tried

more than 250,000 times to access Internet sites that were sexual in nature or dealt with

sexuality. The filters used by UEN were successful in blocking most of the inappropriate sites,

although it is impossible to block all unwanted material because new sites are added daily.
Many of the strategies for protecting our children when they're online at home can also be used

to protect their online experiences at school and the library. There is currently no consensus on

the precise role of schools and libraries in structuring children's Internet access, nor is there

consensus on the methods that should be employed.

Supervision

A computer with access to the Internet should be located in a classroom or library where

the supervising adult has the best chance of viewing the screen.

3.3 Legislative Protection At The National Level:

Until now, legislative protection against pornographic crimes is unable prevent it from occurring,

as only 79 countries have laws against child pornography, whose strength and effectiveness vary

from one country to another, while there is no legislation to combat child pornography in 95

countries. More seriously, 138 countries do not criminalize the possessing of child pornography,

while 122 countries do not criminalize the manufacturing of child pornography.

Obscenity on the Internet in India

The Indian Government has recognized the need for blocking obscene and pornographic

websites. In an order dated 27th –February 2003, the central Government has laid down the

procedure for blocking of pornographic websites. The Computer Emergency Team- India
(CERT- IND) has been appointed as the sole authority for issue of instructions in the context of

blocking of websites.

CERT – IND, after verifying the authenticity of the complaint and after satisfying that action of

blocking of the website is absolutely essential, has been empowered to instinct Department of

Telecommunications (DOT) to block the website. DOT, under whose control the Internet Server

Providers (ISPs) are functioning will ensure the blocking of websites and inform CERT- IND

accordingly.

The IT Act represents an indirect attempt by India's government to impose restrictions on the

freedom of speech and privacy on the Internet. As it reflects the prevailing political culture, the

IT Act embodies the view that the Internet is something that can and must be regulated before it

gets out of control. Section 6725 of the IT Act is designed to publication and transmission of

obscene information in electronic form. Just like the U.S.

COPA equivalent, this section departs from the test enunciated by the U.S. Supreme

Court. Under Section 67, "any material which is lascivious or appeals to the prurient interest or

tends[s] to deprave and corrupt persons who are likely . . . to read, see or hear the matter . . ."is

considered obscene. The section imposes dual punishment on offenders, including a fine and

imprisonment up to a maximum term of ten years.

Through the IT Act's passage, India's legislature ignored the "lewd, filthy and repulsive"

and "preponderating social purpose" tests associated with earlier attempts at regulation.

Section 67 retains only the "tendency to deprave and corrupt" test. It introduces two new

standards, "lascivious" and "appealing to prurient interest," similar to COPA's introduction of

new standards in the United States. These new standards even bear resemblance to COPA's
provisions. In addition, Section 67 appears to be as vague as COPA yet remains unchallenged,

reflecting the emergence of a new regulatory standard for Internet speech in India.

India's courts have thus far been left out of the debate on the freedom of speech on the Internet.

Consequently, India's regulators have had a seemingly free ride in their attempts to regulate the

Internet. The apparent reasons for this could be summarized as follows:

(1) The arbitrary blocking of websites (such as that of Shellshock and Dawn) lasted only

temporarily and, therefore, eluded necessary testing by India's courts;

(2) The blocking of Internet telephony sites did not constitute actionable harm for either the

owners or their attempted users, as the majority non-Indian owners could not seek redress

in India's courts, and standard VSNL user contracts explicitly prevented account users

telephony and fax applications;

(3) The IT Act's infancy necessarily means India's courts have not had an opportunity to

scrutinize it; and (4) India's Civil liberties organizations are not well equipped to handle

constitutional issues related to freedom of speech on the Internet.

Indian law regulating child pornography

As per to the Indian Information Technology Act 200028, Chapter XI Para 67, the Government

of India clearly considers online pornography as a punishable offence. The Para states the

following -

Whoever publishes or transmits or causes to be published in the electronic form, any material

which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave

and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or
hear the matter contained or embodied in it, shall be punished on first conviction with

imprisonment of either description for a term which may extend to five years and with fine

which may extend to one lakh rupees and in the event of a second or subsequent conviction with

imprisonment of either description for a term which may extend to ten years and also with fine

which may extend to two lakh rupees.

The Indian Penal Code, 1860 section 29329 also specifies, in clear terms, the law against

Sale etc. of obscene objects to minors. As per the IPC, whosoever sells, lets to hire, distributes,

exhibits or circulates to any person under the age of twenty years any such obscene object, as is

referred to in IPC Section 29230, or offers of attempts so to do, shall be punished with

imprisonment for a term which may extend to three years, and which fine which may extend to

two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment

of either description for a term which may extend to seven years, and also with fine which may

extend to five thousand rupees. It also states that it is a cognizable offence and the Magistrate is

empowered to try any such case.

For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting

representation, figure or any other object, shall be deemed to be obscene if it is lascivious or

appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items)

the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt

persons who are likely, having regard to all relevant circumstances, to read, see or hear the

matter contained or embodied in it shall be punished with imprisonment, for the first instance, of

either description for a term which may extend to two years, and with fine which may extend to

two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment
of either description for a term which may extend to five years, and also with fine which may

extend to five thousand rupees.

3.4 The American model of protection:

Although the United States ranks first among countries in manufacturing child

pornography and the number of sites that offer pornography, the United States legislator remains

the most effective in issuing control mechanisms. It is also worthy to note that the First

Amendment of the Constitution did not include the protection of the production and distribution

of child pornography to persons other than those relating to adults. In the same vein, there is a

package of federal laws of which the most important is law No. 18 USC § 2256, which provided

a comprehensive definition of the crime and all forms and activities under the relevant law. The

criminalization of this law included the following acts: incitement, assistance or participation,

production and distribution, and the listing of penalties against those who commit any of these

acts.

As for the international standards for controlling child pornography, they can be listed as:

1. The ILO Convention on the prevention of the worst forms of child labor for the year (1999).

2. The Optional Protocol to the Convention on the Rights of the Child on the sale of children,

child prostitution and child pornography (2000).

3. Council of Europe Convention on Cybercrime.

4. Council of the European Union’s decision No. 68 of the year 2004 on the fight against

children’s exposure to pornography and the sexual corruption of children.

As for child pornography and pornography in the Arab world, the Arab region is not considered

an exporting region, and production is regarded an individual behavior which is very low, while

the proportion of consumption is very high, and actually is one of the highest on the international

level and therefore the proportion of the distribution, circulation and acquisitions is very high,

reflecting the urgent need to discuss the necessity for research on such crimes, and the

development of more effective control mechanisms.

International organizations, states, governments, NGO-s have been deeply concerned about this

issue and the efforts to fight against child pornography have been materialized in some important

international documents:

- The International Labor Organization’s Convention Concerning the Prohibition and Immediate

Action for the Elimination of the Worst Forms of Child Labor (1999)

- The United Nations’ Optional Protocol to the Convention on the Rights of the Child on the sale

of children, child prostitution, and child pornography (2000)

- The Council of Europe Convention on Cybercrime (2001)

- The Council of EU Framework Decision 2004/68 of 22 December 2003 on combating the

sexual exploitation of children and child pornography.

There is no doubt that child pornography is a serious threat that harms children while children

should be always protected. This threat has been in last year’s an issue of great concern to

international community considering that production and distributing of child pornography using

computer systems is one of the most dangerous modus operandi.

Using the Internet production, storage, transmission and retrieval of information can flow with

an unprecedented speed and low visibility. It is therefore very important that states to provide

adequate legislation, which criminalizes child pornography in all its manifestations.

Many countries do not have adequate legislation on child pornography and this will prevent

those countries not only to efficiently fight against this phenomenon at national level but also to

cooperate at international level in an investigation of a child pornography case.

Chapter 4:

4.1 Solutions And Suggestion

Applying Ferber to virtual child pornography

Ferber was a long-overdue step in the right direction toward the protection of children,

the silent minority, who have all too often been ignored and abused throughout the world,

including in the United States. The case involved a balance of the rights of the child subjects of

child pornography and the free speech rights of pornographers. Because child subjects rarely

have the power to look out for their own interests, the state's interest in protecting them is

compelling.36 A child may not be able to resist an adult pornographer who directs the child to

engage in sexual conduct so that the materials can be produced.

Unlike an adult, who chooses to earn a living by posing for pornographic pictures, a child very

likely has little choice, and clearly no legal consent. Accordingly, in Ferber, child pornography

was found to be without any sort of First Amendment protection. However, the category of
speech that the Court created in Ferber is a deliberately narrow one, consisting only of "works

that visually depict sexual conduct by children below a specified age." Virtual child pornography

does not fall within this narrow definition, and it therefore cannot be assumed to be subject to the

same regulations as child pornography37. In virtual child pornography, no sexual conduct by

children is occurring, as the images reflect either a completely imaginary child, or a real child,

but one who has not engaged in any sexual conduct. Thus, the images are "virtual" as opposed to

"real." The images only appear to represent real child pornography, but they are, in fact,

different, practically and legally.

4.2 Conclusion

It would be foolish to think the Internet can be free of all illegal materials. Part of what makes

the Internet valuable is the vast amount of information that is available to us. Technologic

advancements are bringing to the world newly integrated messaging systems, more development

of E-commerce, business television; high speed digital internet access, better GroupWare tools

and the development of new multimedia technologies. All of these tools and advancements are in

part or solely due to the Internet. With so much more to offer us, why would we want to regulate

the Internet and possibly stunt its growth? Regulation may initially stifle the Internet’s growth,

but it will grow and prosper with or without regulations. Besides, so many other aspects of our

daily lives are regulated; money, banks, interest rates, business, schools, water, phones,

electricity, land, and even airspace. Why should the Internet be any different? There is a fear that

if we begin to regulate the Internet, we will be destroying it at the same time. There are

arguments that the Internet is inherently chaotic and that is what makes it what it is. But as the

Internet grows and its technological wonder, so do all of the bad things that come with it.

Perverts are moving from the playground to the Internet and they are making their way into

everyone’s lives. While the Internet Industry provides parents with filtering systems like Cyber

Watch, Net nanny, and Cyber nanny, the only thing these systems have accomplished is helping

people avert their eyes away from the real problem.

What some people view as pornography, others view as quite normal. Nevertheless, there

has to be some consensus of what is child pornography, and we need to come up with a way to

stop the exchange of such materials on the Internet. Germany has, to this point, taken the greatest
strides in doing so. By holding the Internet providers responsible for the information, they allow

their subscribers to exchange information free from illegal or elicit images. Holding ISP’s liable

to laws, there will be a huge decrease of the availability of child pornography on the Internet.

The European Union and its member states also need a greater number of specialized police

forces to deal with child pornography. Few countries have them; the UK and Germany are the

exception to the rule. Not enough is being done for these children.

We need to step carefully into the next millennium. Placing too many restrictions on the

Internet could be counter-productive. There is a fine line between protecting the interests of

children with the interests of the world. Too much restriction may prove fatal to the Internet

commerce. A type of commerce we are becoming more dependent on day to day.

We need to recognize that while the Internet is capable of providing a place for the exchange of

illegal and harmful material, it is has become an essential tool in our day to day lives. A tool

whose purpose is to facilitate ideas, the exchange of knowledge, and the freedom to fly across

the world in the blink of an eye.

4.3 References:

1. http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/documents/protecting
%20children/default_EN.asp

2. http://www.mit.gov.in/itbillmain.htm

3. CHILD PORNOGRAPHY : A COMPARATIVE STUDY OF INDIA, USA AND EU

Dyutimoy Mukherjee1

4. http://www.indianchild.com/childlaws/child-pornograhy-laws-in-india.htm

5. http://www.phd-dissertations.com/topic/cybercrime_dissertation_thesis.html

6. Cybercrime-The Transformation of Crime in the Information Age

By: David Wall

7. As given by Mr. Khaled Muhieddine Ahmad in one of his Regional Conference whose
topic was “Cybercrime” .Speaking on the topic he elaborated on “Crimes related to the
Gratifying Desire to Use the Computer”

8. http://www.phd-dissertations.com/topic/cybercrime_dissertation_thesis.html

9. Cybercrime-The Transformation of Crime in the Information Age by: David Wall