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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
search for child abuse material or a provider of such material. This search begins with gaining knowledge
of where (information concerning how to obtain) such images or films can be found. For example, an
individual could enter terms related to child sexual abuse into general search engines such as Google or
search functions in p2p programs. <strong>Child</strong> abuse material can be easily found using p2p programs such as
Gnutella and BitTorrent and for this reason this is probably the most popular means of obtaining access to
abusive material. 282 After being referred to specific open newsgroups or chat rooms 283 via general search
engines, the potential offender finds him/herself in a pre-criminal situation. 284 Information in these
open internet environments is generally legal, such as links to child pornography websites or the displayed
overview of available child abuse material in p2p programs. 285 These open internet environments
serve as a platform for discussions, where individuals with a preferential inclination towards children can
meet to talk about their preferences with others. 286 The perpetrator may subsequently go on to commit
the offence by clicking on and viewing links to child abuse material in the open internet environments,
for example, or to download files containing child such material. The term ‘criminal tactics’ refers to the
subsequent choices and actions of the offender when the offence is committed. The possibilities in terms
of these tactics are determined by the characteristics of an internet environment. For example, the level
of anonymity provided by an internet environment influences the offender’s actions. An offender can
learn to overcome such barriers and take measures to improve his/her modus operandi. Contacts in an open
internet environment may also result in an individual gaining access to a closed internet environment
in which new material can be exchanged. A newcomer must usually win the trust of the other members
first before being granted access to material. These closed internet environments feature a rigid hierarchy
that largely depends upon how often and how much new material is supplied by a specific member. 287
(Online) sub-culture
In the virtual and analogue worlds there is a thriving sub-culture of individuals who share a sexual interest
in children and such individuals have been forming organised groups even since the 1970s. 288 The
advent of the Internet has also enabled like-minded individuals to meet one another online easily and
anonymously, 289 but these individuals have continued to meet one another in the analogue world also.
290 A variety of topics are discussed within the sub-culture in open internet environments that concern
marginalisation, sexuality, legislation and security. 291 The relationship with what they perceive to be the
‘hostile’ society that condemns their sexual preference is also a topic of frequent discussion. The offenders
are aware that their behaviour and needs differ from an accepted norm and attempt to seek validation
282 Liberatore et al., 2010.
283 Jenkins, 2001, p.55.
284 The ‘pre-criminal situation’ can be distinguished from the ‘pre-criminal opportunity’; this is the point
at which an individual actually decides to commit a crime, for example starting to download child
abuse material, see Taylor & Quayle, 2006, p.177.
285 Holt et al., 2010.
286 Holt et al., 2010.
287 Taylor & Quayle, 2003, p.87.
288 See §1.2.2.
289 Jenkins, 2001, p.64.
290 See Van Meurs voor de rechter [Van Meurs in court], Arnhem Dichtbij, 1 March 2011, available at: www.
arnhem-direct.nl/berichten/20110301_van_meurs_voor_de_rechter (viewed 14 July 2011).
291 Holt et al., 2010; Steel, 2009.