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Archive for the ‘UK’ Category

Media Release: Global investigation cracks child exploitation network – Australian Federal Police: “Media Release: Global investigation cracks child exploitation network

Release Date: August 27, 2010

International law enforcement agencies have combined to dismantle an alleged organised child exploitation network that had been operating via the social networking site Facebook.

A total of eleven people have been arrested as part of a coordinated operation across Australia, the United Kingdom and Canada.

Law enforcement has made six arrests in relation to child abuse image offences in the United Kingdom, including the alleged head of the network. Three arrests have been made in Australia and two in Canada. Investigations are ongoing with the operation currently spanning four continents.

The Australian Federal Police (AFP) began the investigation in March this year and has operated in partnership with the Royal Canadian Mounted Police (RCMP), the Child Exploitation Online Protection Centre (CEOP) in the United Kingdom and the US Federal Bureau of Investigation (FBI).

The investigation began when a covert AFP Internet Policing Team member established an online identity on Facebook and was approached by one of the network members. Upon further investigation into the network, referrals were made to overseas counterparts leading to the arrests across the globe.

AFP National Manager High Tech Crime Operations Neil Gaughan heralded the successful operation as a clear demonstration of co-operation between international law enforcement agencies.

‘Criminal activity of this type is often described as a borderless crime because there’s no geographical restriction on where offenders may try to target their victims,’ Assistant Commissioner Gaughan said.

‘Policing in this social networking environment is a challenge, but the cooperation during this operation demonstrates that international law enforcement is united in a global fight against online child exploitation material.

‘The investigation should serve as a warning to both social networking providers and users.

‘In this case, Facebook deactivated the online accounts of the initial suspects but there were indications that, within hours, the groups were reforming again under new accounts.

‘It is important that content service providers including Facebook constantly scan for child exploitation material, and then inform law enforcement of their findings.’

CEOP Chief Executive Jim Gamble said, ‘This network was made up of people who share an interest in viewing extremely disturbing images of children suffering horrific abuse.’

‘All the officers working on this investigation – both in the UK and in Australia, America, Canada and elsewhere – shared a steely determination to safeguard children wherever they were and to bring those involved to justice,’ Mr Gamble said.

‘Offenders are not limited by their geography and neither are we. We have worked side by side with the Australian Federal Police, the FBI, the RCMP and colleagues in a number of other countries to ensure that no stone is left unturned and no child is left unprotected.

‘Project Ocean should send a clear message to others who think that online environments offer them anonymity in their offending. Everything you do leaves a digital footprint and, working together, we will stop at nothing to protect children suffering abuse.’

FBI Assistant Director Gordon M. Snow, Cyber Division, said: ‘The sexual exploitation of children is a heinous offense, and the FBI is committed to identifying and thwarting online predators, no matter where they live.’

‘We work side-by-side with our law enforcement partners around the world to identify and pursue those who produce, possess and distribute sexually explicit images and videos of children.’

RCMP Superintendent John Bilinski, Officer in Charge of the Canadian Police Centre for Missing and Exploited Children said: ‘The RCMP’s National Child Exploitation Coordination Centre is committed to working with its international policing partners. Project Ocean is a clear demonstration of how international co-operation can help ensure that child sexual offenders are brought to justice.’

‘One of our most effective strategies against Internet-facilitated child sexual abuse is cooperation. No single agency can deal with this crime in isolation. We continually work together with our partners to ensure the safety and security of children, regardless of where they live.’

Media enquiries
AFP National Media Team +61 (2) 6131 6333
CEOP Media +44 (0) 870 000 3434
RCMP Media +1 613 993-2999
FBI Media +1 202-324-3691

FACTS & STATS

Background:

The operation began in March 2010 when an AFP Internet Policing Team member established a covert online identity in Facebook.

The profile was approached by numerous Facebook users to become ‘friends’ and commenced engagement with these friends.

The engagement identified the network exchanging child exploiting material using Facebook to host the images. Members of the network were identified and referrals were made to the countries they were identified to live in.

Australia

* On 2 June 2010, a 33-year-old Victorian man was charged with two counts of using a carriage service to access child pornography material, contrary to section 474.19(1)(a)(i) of the Criminal Code Act 1995 (Cth); two counts of using a carriage service to make available child pornography material, contrary to section 474.19(1)(a)(iv), of the Criminal Code Act 1995 (Cth); and possessing child pornography, contrary to section 70(1) of the Crimes Act 1958 (Vic). The man will appear in Melbourne Magistrates Court on 6 October 2010.
* On 2 June 2010, a 18-year-old Victorian man was charged with two counts of using a carriage service to access child pornography material, contrary to section 474.19(1)(a)(i) of the Criminal Code Act 1995; two counts of using a carriage service to make available child pornography material, contrary to section 474.19(1)(a)(iv) of the Criminal Code Act 1995 (Cth) and possessing child pornography, contrary to section 70(1) of the Crimes Act 1958 (Vic). The man will appear in Geelong Magistrates Court on 24 September 2010.
* On 15 June 2010, a 27-year-old New South Wales man was charged with using a carriage service to transmit child pornography material, contrary to section 474.19 (1)(a)(iii) of the Criminal Code Act 1995. The man will appear in Wollongong Local Court on 14 October 2010.

United Kingdom

The CEOP have arrested and charged six males in the United Kingdom, one of which is the alleged head of the network.

* The 45-year-old Worthing man has been sentenced to four years in prison and served with a Sexual Offences Prevention Order, after pleading guilty overnight at Chichester Crown Court to making (six counts); possessing (one count); distributing (seven counts) and view to distributing (10 counts) child abuse images. He was also found guilty of breaching his requirements on the Sex Offenders Register. The man was arrested by Sussex Police who initiated a specific investigation to gather evidence of his offences. Further police activity lead detectives to identify five additional suspects in the UK and a further nine suspects overseas, with investigations still underway.
* Two UK children have been safeguarded and five further suspected offenders have been arrested in the UK.

Canada

Law enforcement agencies have arrested two males in Canada. One suspect has been charged with four counts relating to child exploitation in Canada.
Regarding the second man, the investigation is still ongoing.”

(Via .)

High Court considers hyperlinked pages as context in defamation case: “The High Court has examined material on pages linked to from an allegedly defamatory online article to help it decide the meaning of the piece.“

(Via OUT-LAW News.)

Teens appear in court on crime forum charges: “SNIPPET: Their story bore all the hallmarks of a Hollywood caper, but for two teenagers the goings on in a London court last week were all too real. Nicholas Webber and Ryan Thomas appeared in court accused of managing an online crime forum.“

(Via OUT-LAW News.)

Police force more suspects to give up crypto keys: “

Password powers practised

Police have expanded their use of powers to force suspects to decrypt files by 50 per cent in the last year, figures released today reveal.…

“

(Via The Register – Public Sector.)

ISPs take Digital Economy Act to the courts | Pinsent Masons LLP

OUT-LAW News, 08/07/2010

Two of the UK’s biggest ISPs will ask the UK courts to scrutinise the controversial Digital Economy Act to determine whether or not it conflicts with existing laws on privacy and electronic communications.

BT and TalkTalk have asked the High Court to conduct a judicial review of the law, which was passed amidst the horse-trading and rushed compromise of the controversial ‘wash up’ process that took place just before this year’s general election.

That process allows the passing of potentially large numbers of laws as long as the opposition does not seek to block them. This gives the opposition significant power and deals are made between Government and opposition without the usual Parliamentary or public scrutiny.

The progress of the Digital Economy Act was already seen as rushed before it entered the wash-up period and it has been criticised for imposing significant obligations on ISPs without proper consideration of the effects of its measures.

The law allows for the passing of regulations that would, for the first time, force ISPs to disconnect their customers if intellectual property rights holders believed that an account was used for the unauthorised sharing of copyrighted material.

BT and TalkTalk said in a statement that they are ’seeking clarity’ from the High Court on the legality of the law’s provisions before spending significant sums on systems to implement them.

‘The companies share a concern that obligations imposed by the Act may not be compatible with important European rules that are designed to ensure that national laws are proportionate, protect users’ privacy, restrict the role of ISPs in policing the Internet and maintain a single market,’ said the statement.

The UK has laws that implement EU directives on data protection and electronic privacy that control how organisations gather, process and use information online. They also govern what information can be gathered from electronic communications and say that ISPs should not be responsible for material sent over their network unless informed about infringements of the law.

The ISPs want the High Court to rule on whether the Digital Economy Act conflicts with existing laws based on these directives.

‘If clarity is not gained at this stage then BT, TalkTalk and other industry players may end up investing tens of millions of pounds in new systems and processes only to find later that the Act is unenforceable and the money wasted,’ the companies said in a statement.

‘The Digital Economy Act’s measures will cost the UK hundreds of millions [of pounds] and many people believe they are unfair, unwarranted and won’t work,’ said TalkTalk chairman Charles Dunstone. ‘It’s no surprise that in Nick Clegg’s call for laws to repeal, this Act is top of the public’s ‘wish list’.’

‘Innocent broadband customers will suffer and citizens will have their privacy invaded. We think the previous Government’s rushed approach resulted in flawed legislation,’ he said. ‘That’s why we need a judicial review by the High Court as quickly as possible before lots of money is spent on implementation.’

Technology lawyer Struan Robertson of Pinsent Masons, the law firm behind OUT-LAW.COM, said that once a law has been passed by the country’s elected representatives in Parliament there is little that unelected judges can do to change it.

‘It is not in the power of the courts to throw out a primary Act of Parliament,’ said Robertson. ‘All the court can do is make a declaration that a law is in breach of other obligations. That declaration would put pressure on Parliament to revisit the Act.’

‘This law was rushed through Parliament and didn’t get the scrutiny it deserved. It’s a bad law, in my view. Unfortunately, it won’t be easy to change it unless and until there is political will to do so,’ he said. ‘The courts can’t just strike it down.’

‘It’s disappointing that we feel the need to take action but we feel we have no choice,’ said BT Retail chief executive Gavin Patterson. ‘We have to do this for our customers who otherwise run the risk of being treated unfairly. Our dispute is not with the current Government but with the previous administration which pushed this through without due process. We need clarity about whether this legislation is compatible with important EU laws.’

No need for net neutrality action, says UK regulator | Pinsent Masons LLP: “No need for net neutrality action, says UK regulator

OUT-LAW News, 28/06/2010

SNIPPET: While US telcos, politicians, user rights activists and big media companies have spent the past three years wrangling, tussling, lobbying and shouting about net neutrality, the issue has never caused much trouble elsewhere.

Now UK telecoms and media regulator Ofcom has made it official: net neutrality is not a cause for worry. Yet.

Net neutrality demands that ISPs treat all traffic the same. Some US telcos are of the view that they should be able to favour the traffic of media companies that pay them. Opponents say this fundamentally undermines the open internet.

Ofcom has produced a report (68-page / 595KB PDF) into the issue which says that we shouldn’t be concerned: it has had no serious complaints about the issue and thinks there are no grounds for issuing blanket demands about traffic shaping yet.

It said that consumers don’t have much to worry about, though it says that there is a danger they might be confused by various firms’ traffic management policies.

It might seem anti-climactic compared to the US hysteria, but if it keeps UK politicians from proposing some of the ham-fisted laws mandating exactly how ISPs can and can’t behave that the US could face, I’ll take anti-climactic any time.

ISPs take Digital Economy Act to the courts: “Two of the UK’s biggest ISPs will ask the UK courts to scrutinise the controversial Digital Economy Act to determine whether or not it conflicts with existing laws on privacy and electronic communications.“

(Via OUT-LAW News.)

Government outlines new libel law plans: “The UK Government will overhaul libel laws in the new year. It said that it will publish a Defamation Bill early next year in an attempt to give publishers more rights and clamp down on ‘libel tourism’.“

(Via OUT-LAW News.)

Government begins RIPA review: “The Government will review the use of the Regulation of Investigatory Powers Act 2000 (RIPA), the law that governs state tapping of phone, email and internet use. The law will be looked at as part of a wider review of counter-terrorism laws.“

(Via OUT-LAW News.)

White supremacists jailed over ‘vicious’ online messages – Crime, UK – The Independent: “White supremacists jailed over ‘vicious’ online messages

By Mike Hornby, Press Association

Friday, 25 June 2010

Two white supremacists were jailed today after being convicted of posting violent and vicious racist messages on the internet.

Michael Heaton, 42, and Trevor Hannington, 58, described Jews as ’scum’ and called for them to be ‘destroyed’.

The ‘proud neo-Nazis’ were unanimously cleared of soliciting murder at Liverpool Crown Court yesterday but Heaton was jailed today for 30 months after being convicted of four counts of using threatening, abusive or insulting words likely to stir up racial hatred.

Hannington previously admitted two counts of stirring up racial hatred, two further counts of possessing information likely to be useful to a person committing or preparing an act of terrorism and disseminating a terrorist publication.

He was jailed for two years.

Sentencing, Mr Justice Irwin told Heaton, of Leigh, in Wigan, Greater Manchester, his internet posts were ‘vicious and repulsive’.

He added: ‘You saw yourself as the leader of a potentially significant and active National Socialist group.

‘Your sustained racist rants were intended to bolster that group.

‘You wanted to start a race war.

‘You are clearly filled with racial hatred and also with violent and angry beliefs.’

The judge told Heaton his words were of the most ‘insulting and extreme nature’ marked by ‘violent racism’ and said only a significant jail term was acceptable.

Hannington, from Hirwaun, Cardiff, was described as a loner by the judge, who told him: ‘You are a long standing racist who has never hidden your views, which are violent and vicious in the extreme.

‘You are a lonely man with little in your life.

‘You habitually told lies about a non-existent army career and your knowledge of survival techniques in an attempt to gain status.

‘You are, to some degree, pitiable in this, however repugnant what you said.’

Heaton, a packer for a food company, was jailed for 30 months for each of his four offences, to run concurrently.

He nodded to the judge and said he understood as he was taken to the cells.

He admitted in police interviews he was a founder member of the Aryan Strike Force (ASF), whose goal was ‘the eradication of ethnic minorities from Britain’, the prosecution said.

In one posting on the ASF website, he said of Jews: ‘They will always be scum, destroy ‘em with whatever it takes.’

He also wrote: ‘I would encourage any religion or race that wants to destroy the Jews, I hate them with a passion.’

And in another posting he said Jews were leeches and ‘treacherous f****** scum’ and that black people were ‘less intelligent than other species’.

Heaton made more than 3,000 posts on the ASF site between January and June 2008, before he had a ‘bust-up’ with the organisation and created his own, the British Freedom Fighters (BFF).

The website changed its name to Legion 88 and then Wolfpack, before it was closed down.

The trial jury, nine of whom returned to court for today’s sentencing, were told the number eight refers to the eighth letter in the alphabet, H. So 88 stands for HH, as in Heil Hitler, a common greeting for neo-Nazis.

Both men had a number of user names when they posted their comments on the website. Heaton called himself Wigan Mike, and then later Lenny.

David Fish, mitigating for Heaton, said the defendant had been banned from accessing the internet while on bail and was no longer involved in the BFF.

He said: ‘(Heaton) has, in effect, shed the habit and lost interest in putting up these posts.’

Hannington admitted he was an administrator for the ASF, Legion 88 and Wolfpack websites and gave himself the user names Fist, Lee 88 and Paul.

He pleaded guilty to inciting racial hatred with internet posts stating his beliefs that Jews were ‘parasites feeding on others’ and ‘utterly evil sub-beings’.

The self-employed builder also posted the message: ‘Kill the Jew, Kill the Jew, Burn down a synagogue today! Burn the scum.’

Hannington admitted owning the Anarchist’s Cookbook, Kitchen Complete and The Terrorist Encyclopaedia, all of which are considered useful tools to someone preparing or committing an act of terrorism.

He also admitted publishing a post on the internet with instructions on how to make a flame thrower out of a water pistol.

Richard Mansell QC, for Hannington, said: ‘There is a significant element of the fantasist about him and the jury’s verdict accepts the posts were made without a great deal of thought but are, nevertheless, extremely offensive.

‘Having had the terror books he never made any effort to produce such items or seek components for them.

‘He has reflected on the language he used and his conduct and he also recognises he has problems with alcohol and anger management.’

Hannington showed no emotion as he was jailed for a total of two years for all his offences.

As he was convicted under the Terrorism Act he must inform the police of his home address for the next 10 years.

When police raided the homes of both men they found an array of weapons, including knives and firearms.

Heaton’s bedroom was adorned in flags with symbols of far-right movements, and a samurai sword hung above his bed.

Elsewhere around the house officers found numchucks, batons, knives and knuckle dusters hanging on the walls, and a BB machine gun was also recovered at the property.

Flags bearing swastikas were strewn around Hannington’s house and police found a personal armoury including an air rifle and daggers.

Mr Justice Irwin ordered the weapons to be destroyed, along with the defendants’ home computers.

Speaking outside court, Detective Chief Superintendent David Buxton, head of the North East Counter Terrorism Unit, said he respected the sentences.

He added: ‘Today we have seen that voicing violent extremism will not be tolerated.’

Stuart Laidlaw, the Crown Prosecution Service’s Counter Terrorism Division lawyer, said: ‘As members of the ASF, Hannington and Heaton were closely associated with Ian Davison who was recently convicted of terrorism offences and of producing the poison ricin.

‘They enjoyed similar links with his son, Nicky Davison, who was also recently convicted of terrorism offences.

‘We considered this to be a very serious case and on the evidence presented to us by police, the public interest required a prosecution.’

The ASF is the latest in a long line of Neo-Nazi groups with a mission to promote the National Socialist principles of Adolf Hitler, Mr Laidlaw said.

He added the organisation’s members appeared to venerate Hitler and deny the Holocaust.

The lawyer said: ‘Holding unpleasant and offensive views is not illegal.

‘However, people cross the line when they urge others to take violent direct action, especially after they download terror manuals on how to produce explosives – or, as in Ian Davison’s case, ricin.

‘Both juries saw some thoroughly unpleasant material which contained views which most people would find obnoxious and abhorrent.

‘We would like to thank them for performing their duty in these cases.’