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<strong>Child</strong> PornograPhy First report oF the Dutch NatioNal rapporteur
Simple viewers
The pyramid shape indicates that there exists a large group of ‘simple’ viewers of child abuse material
who attempt to access material in simple ways. Some of them are ‘novice’ viewers who are curious
about child abuse images and/or child erotica. This group possesses little knowledge of ICT and
therefore use the World Wide Web and general search engines in order to access child abuse images
or (legal) child erotica 298 through internet environments (such as on legal modelling sites). If these
individuals pay for material, this takes place through online payment facilities, such as credit cards or
PayPal, as a result of which they also divulge their personal details. If the perpetrator is found higher up
in the simple viewers layer (closer to the next group of open traders), more advanced technology, such
as the Bulletin Board System (BBS), Usenet, Internet Relay Chat (IRC)or p2p networks will also be used.
Open traders
The open traders group not only downloads and views child abuse material, but also distributes
or supplies the material in open internet environments. This generally takes place in an unsecured
way. Open traders use p2p, the BBS, IRC and websites. It is likely that online storage and upload
services such as Yahoo, Flickr and Facebook are also used. Commercial suppliers also fall into the
category of open traders.
Closed traders
The perpetrators in this group are similar to open traders, but take various security measures in
order to avoid discovery by investigative authorities. At this level communication takes place between
individuals by e-mail and Instant Messenger, for example and private online communities
are formed through communication. Access is granted once individuals are sufficiently trusted
by members of the group. If trust has been built up between the members, correspondence by
letter and conversations over the telephone can also take place. Members share material within
the closed group that they have collected on the internet or produced themselves. If after a period
of time member numbers become too great and/or the supply of new material declines, active
members may leave the group and form new smaller closed groups.
Experts
These small groups feature a clear-cut hierarchical division of roles and consist of individuals who have
been active online for a long time already. Security plays an important role. Members are charged with
the management of material and the delegation of roles to other members, online and offline security
of the group, providing explanations regarding the use of technology or intelligence concerning investigative
authorities. Members not only value self-produced child abuse material but also knowledge
of the circumstances of production, such as the name of the victim and his/her emotional reaction.
This sub-section has provided an impression of the diversity amongst perpetrators. Although behaviour,
modus operandi, age and gender may vary, all perpetrators contribute towards (creating or maintaining)
the victimisation element of child pornography.
298 <strong>Child</strong> erotica is a (non-legal) term that encompasses all material that is not child abuse material that
makes reference to children and also serves a sexual purpose for the user of this material, such as
children’s underwear (advertisements), accounts of child abuse and toys, see Lanning, 2010, pp.85-89.
See also, for example, Court of Utrecht, 31 March 2011, LJN: BQ0756.