Groups of offenders
Depending upon their structure, offences and aims, groups of
child sexual abuse material offenders that exist around online
sharing platforms may or may not meet the definition of an
organized criminal group for the purposes of the United
Nations Convention against Transnational Organized Crime.
Article 2 (a) of the Organized Crime Convention specifies
that an organized criminal group “shall mean a structured
group of three or more persons, existing for a period of time
and acting in concert with the aim of committing one or more
serious crimes or offences established in accordance with the
Convention, in order to obtain, directly or indirectly, a financial or other material benefit.”232
In this respect, the 2013 Cybercrime Study noted that
contemporary, online forms of organized crime differ from
traditional notions of organized crime that rely upon physical
violence and trust-based relations. Instead, ICTs may lend
themselves to short-lived networks across vast distances and
among offenders who do not have any in-person connection.233 Some organized criminal groups and individual group
members may be involved in both online and offline offences,
while others may be involved in online activities only.
In the area of ICT-facilitated child abuse and exploitation,
for-profit organized criminal networks are known to be active
in the area of child sexual abuse material production and distribution and, in particular, in markets for commercial child
sexual exploitation.234 Organized criminal groups operating
in this area may include those based in Asia, South-Eastern
Europe, the Commonwealth of Independent States, Mexico
and Nigeria.235 Through the use of ICT, offenders can more
easily and less expensively recruit child victims for sexual
exploitation, communicate with co-conspirators, and find
customers. Groups offering child sex tourism can charge customers for the service of connecting them with their child
victims across borders. Increasingly, commercial sexual
exploitation of children business operators encourage their
customers to pay additional fees for the recording of their
exploits in the form of child sexual abuse material.236
In a recent United States based survey, 85 per cent of
respondents said that they had encountered transnational
groups that operate lucrative, profit-motivated child sex abuse
material websites.237 The Commission on Security and
Cooperation in Europe noted in a 2006 report that organized
crime groups are increasingly using child sex abuse material
websites to steal identities and even to extort money from
229
EUROPOL. European Cybercrime Centre (EC3), 2013.
Commercial Sexual Exploitation of Children Online: A Strategic
Assessment. Available at https://www.europol.europa.eu/sites/
default/files/publications/efc_strategic_assessment__public_version.pdf.
230
Beech, A., et al., 2008. Pp. 221-222.
231
UNICEF. Commercial Sexual Exploitation of Children, East Asia
and Pacific. Available at http://www.unicef.org/eapro/activities_3757.html.
Under Article 2 (c) of the Organized Crime Convention, a
“Structured group” shall mean a group that is not randomly formed
for the immediate commission of an offence and that does not need
to have formally defined roles for its members, continuity of its
membership or a developed structure.
233
UNODC, 2013. P. 45.
234
CSCE, 2006. Combating the Sexual Exploitation of Children. P.2
Available at. http://digitalcommons.unl.edu/humtraffdata/11.
235
See e.g. Shelley, L., 2010. Human Trafficking: A Global
Perspective.
236
U.S. Department of Justice, 2010. Pp. 25-26.
237
Ibid. P. D-12.
The majority of child sexual abuse material is exchanged via
non-commercial channels, including public peer-to-peer platforms, as well as Tor, or the dark web.229 A large number of
loose online groups of offenders exist around such platforms.
Such groups may trade in specific forms of child abuse material, such as specific types of children based on gender or race.
Others groups may enable users to share tactics on committing child sexual abuse material-related offences. Still others
may specialize in providing advice to those in search of victims for contact abuse. Many groups serve all of these purposes simultaneously. While some commercial activity may
occur, such groups tend to be primarily focused on facilitation, sharing, and community-type functions. They can provide members with an affirmation of the acceptability of
abuse conduct and even encourage paedophilia, through the
use of euphemisms and seemingly positive terms.230
Groups of offenders can also facilitate an exchange of
knowledge and tactics for evading law enforcement. Members
may, for example, share information about servers located in
rogue countries that do not cooperate with international law
enforcement, or about the use of encryption methods to conceal incriminating content. Group members might also alert
each other with regard to ongoing undercover operations.231
Organized criminal groups
232
II.
Evaluating the problem 33