CSAM & Predators - Hawaii Legislature Considering Funding Source for ICAC - Alicia's Law - SB702

March 17, 2014

The Hawaii State Legislature is considering charging a small post-conviction fee for criminal offenders that would provide training funds to the Hawaii ICAC Task Force.  I wrote the following in support of the Bill.
To add your comments visit the Hawaii Legislature web site at http://www.capitol.hawaii.gov/submittestimony.aspx

The Bill Status/Measure Status is SB702.

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March 17, 2014

The Senate - Twenty-Seventh Legislature 2014

State of Hawaii

415 South Beretania Street

Honolulu, HI 96813

Re: Support of S.B. No. 702 S.D. 2  A BILL FOR AN ACT RELATING TO CHILD ABUSE

To:  The Committee on Judiciary

Hon. Chair Karl Rhoads, Hon. Vice Chair Sharon E. Har, and Honorable Representatives Della Au Belatti, Mark M. Nakashima, Tom Brower, Clift Tsuji, Richard Creagan, Jessica Wooley, Ken Ito, Bob McDermott, Derek S.K. Kawakami, Cynthia Thielen, and Chris Lee

Honorable Representatives,

I am a retired law enforcement officer now working as an educator and consultant after spending the last fourteen years in the fight against Internet sexual predators.  I spent ten years as the Sergeant/Commander of the Arizona Internet Crimes Against Children (ICAC) Task Force.  Several years ago I founded the Cyberspace Child Protection Campaign, a group of colleagues and citizens who share information and current events about Internet crimes against children.  I reviewed SB702 and I submit this testimony in support of the Bill.

SB702 is a laudable effort towards assisting law enforcement officers in apprehending offenders who use technology and the Internet to victimize minors.  I agree with the Bill and support it.

-  AGREE that there is a lack of resources dedicated to combating the exploitation of Internet sexual offenders.  Alicia Kozakiewicz, after whom the Bill is named, is also a colleague of ours at the Cyberspace Child Protection Campaign.  In my experience working with local and Federal law enforcement throughout the United States I have observed that there is a critical and continuing need for training in this field.

-  AGREE that the creation of a special fund is necessary for fighting child pornography and helping child victims.  Dedicated funding is critical because so often budgeting for the fight against Internet crimes against children offenders competes, and loses the competition, to other law enforcement demands.  When funding is not specifically dedicated to those who fight Internet crimes, children suffer.  The true measure of their suffering is mostly hidden from us because so many Internet crimes against children are never uncovered.

-  AGREE that training and equipment for law enforcement agencies is of critical importance in the effort to stop Internet predators and child pornographers.  Our colleagues in the Internet crimes against children training community have developed training over the past decade for digital forensics investigators, sex crimes detectives, prosecutors, administrators, citizens and others.  Training topics include the following: How to trace an offender through the Internet protocol address, Sex offender characteristics, Peer-to-peer network investigations, Undercover computer chat techniques, Knock-and-talk for child pornography offenses, How to examine a computer hard-drive without destroying evidence, Interview/Interrogation skills and dozens of other critical topics.  The names of those topics give you some idea of the sophisticated training required to combat these offenses.  Please also consider that the ICAC field is always changing as the offenders find new and unique digital avenues towards victimizing minors.  Continuing and updated training is always needed.

-  DISAGREE that the Bill conflicts with HRS 37-52.3.  Please consider the following information suggestive of the nexus between the beneficiaries of the funds and the source of revenue:

• Computers and hand-held mobile electronic devices connected to the Internet are ubiquitous.  Based on my experience in the criminal justice system I suggest that a review of jail-intake prisoner-property paperwork would likely reveal that many of the suspects arrested in this era possess, among other things, a mobile electronic device, often in the form of a cellular phone capable of texting, photographing, and/or connecting to the Internet.  I am not suggesting that each of these devices contains evidence of a crime, only that the potential nexus exists because of the ready availability of the Internet through these devices. 
•  I closely follow the media, particularly nationwide reports of Internet crimes against children.  I am aware of many incidents throughout the US where an offender arrested for an Internet crime against children was also simultaneously charged with, or had a prior conviction for crimes including rape, assault, harassment, theft, burglary, drug possession, drunk driving, indecent exposure, or traffic offenses.  For example, according to a March 14, 2014, report in the Pittsburgh Post-Gazette, suspect Aaron Stoneking was arrested for possession of child pornography and investigators found a trove of firearms, ammunition, de-milled grenades and an unspecified-caliber military projectile at his home.  I am not suggesting that all offenders are also Internet crimes against children offenders, but some of them are, consequently a nexus exists.

I commend the authors of SB702 and hope that the Bill becomes law in Hawaii.  Please do not hesitate to contact me if I can be of service in answering any questions you may have about this testimony.

Sincerely,

Dr. Frank Kardasz (Ed.D)
Director: Cyberspace Child Protection Campaign

Arizona Internet Crimes Against Children Task Force Commander (ret.)
Phoenix Police Department (ret.)
Adjunct faculty: U of Phoenix & Champlain College
www.kardasz.org/ICAC

Cyberspace Child Protection Campaign: https://www.facebook.com/lists/794226980878