Child pornography crimes continue Published Jan. 29, 2009 By Valerie Mullett 341st Missile Wing Public Affairs Office MALMSTROM AIR FORCE BASE, Mont. -- "It's still happening -- I find this both surprising and disturbing," said Col. Mike Fortney, 341st Missile Wing commander. Colonel Fortney gave this response to a question regarding his thoughts on the recent cases of child pornography being downloaded and viewed by Malmstrom personnel. When asked specifically why he finds the recent cases surprising and disturbing, Colonel Fortney went on to explain, "I'm disturbed for the obvious reasons - child pornographers take advantage of the most vulnerable members of our society in horrific ways; these are our children." But why does the commander seem surprised by our last couple of cases? "Simply stated, we've made the penalties clear and have explained just how easy it is to catch people who download and view this material; even on their personal computers," the commander said. "The bottom line: personal computers are not private. If you access these sites, download or view this stuff, we will know. And, when we know, we will find you; when we find you, we will investigate; and if we find criminal conduct when we investigate, we will prosecute." Lt. Col. Sean Sabin, 341st Missile Wing Judge Advocate explained. "Anyone who possesses, sells, transports, receives, or distributes material or computer files involving the sexual exploitation of minors, or any other material containing child pornography, may be subject to criminal prosecution." A major contributor to the rising number of persons prosecuted for child pornography-related crimes is the increased availability of child pornography over the Internet. Essentially, anyone with an Internet connection is capable of committing a felony in seconds by downloading child pornography. To avoid an investigation or prosecution, personnel must avoid accessing any material that could contain child pornography. "It is also important for members to keep track of who has access to their computer and Internet accounts," Colonel Sabin said. "It is very easy for someone to access an unprotected wireless Internet connection and use that connection for criminal purposes, including the downloading of child pornography." All military members are subject to the jurisdiction of the Uniformed Code of Military Justice, as well as state and federal laws. As such, military members who knowingly possess or distribute child pornography - even in the privacy of their own home - could be prosecuted in a military, state or federal court, Colonel Sabin said. In Montana, there is a special team from the U.S. Attorney's Office that prosecutes in federal court most child pornography cases, including cases involving an active-duty military member. Colonel Fortney stressed, "every one of these photos documents a crime scene." Capt. Aaron Roberts, an assistant staff judge advocate explains why. "What many in the public don't understand is that most child pornography doesn't involve 16 or 17 year olds, but prepubescent girls and boys being sexually abused. What those who download child pornography apparently don't understand is that every computer file containing child pornography has a digital signature that can be traced directly to their computers." At this time, there are a number of personnel awaiting trial on child pornography charges throughout AFSPC. Previous offenders have come from all ranks: junior enlisted, senior NCOs and officers. Unfortunately, a significant number of members convicted of child pornography-related crimes have come from Malmstrom. Since 2004, nine Malmstrom members have been convicted in federal court and involuntarily separated from the Air Force for possessing child pornography. Two recent cases involving members convicted of possessing child pornography on their personal computers resulted in sentences of seven years and 12 years imprisonment, respectively. Other military members at Malmstrom are currently under investigation or awaiting trial. Often, arrests were the result of detection by the Wyoming Internet Crimes Against Children Task Force. This task force created a computer program that is used globally to find, track and report, in real time, people distributing or sharing child pornography on the Internet. "This is not like shooting fish in a barrel; this is like taping a duck to the end of a shotgun and seeing if you can hit it," said Flint Waters, Wyoming ICAC agent, referring to finding offenders. The Bureau of Immigration and Customs Enforcement is then the primary federal agency charged with investigating allegations of child pornography. When an Air Force member is identified as being involved in possession or distribution of child pornography, ICE will work jointly with the Air Force Office of Special Investigations. ICE and AFOSI use special investigative techniques, to include forensic computer analysis, to obtain all downloaded or uploaded child pornography, even when the individual assumes the material has been removed or deleted. "In early 2008, AFOSI teamed forces with ICE in a cooperative effort to identify criminals who manufacture and distribute child pornography. This joint endeavor paid immediate dividends," said Special Agent Jeffrey Anderson, Superintendent, AFOSI Det. 806. "It yielded investigations on eight active-duty Malmstrom members in 2008; a significant increase from 2007. AFOSI has made it a priority to pursue those who exploit children on the Internet and abroad." Despite the increase in detection, investigation and prosecution of these crimes, child pornography cases are still rampant and criminals continue to exploit children. Possession and distribution of child pornography are serious offenses that result in stiff sentences and the permanent title of sex offender. Federal law authorizes a minimum of five years in prison for child pornography possession. Those convicted of receipt and distribution of child pornography face an additional minimum of five years and maximum of 20 years for a first offense. "If you do it, we will find you," SA Anderson said.