Hi folks,
I mentioned before that news reports about child sexual exploitation and the
internet are common in Thailand. Here is a very recent report from the Bangkok
Post. It's a good enough example of how issues get played out in the real
world. Unfortunately you can see that different issues are entangled and tend
to be lumped togeter, things get messy...
Sacha
Bangkok Post
17 February 2003
CYBER CRIME
Special unit to hunt down internet felons
Thailand considered a fraud, porn haven
Wassayos Ngamkham
The Crime Suppression Division has set up a cyber unit to investigate crime on
the internet, amid reports that Thailand is seen as a haven for foreign cyber
criminals.
CSD deputy commander Pol Col Thawee Sodsong said many foreigners, especially
Europeans, chose Thailand as their base for internet crime because Thailand had
no internet police bureau or clear-cut internet laws.
The unit was set up after a British man, Robert Wood, 24, was arrested on Jan
15 at Don Muang airport on charges of distributing pornographic pictures of
Thai children under the age of 15 on the internet.
Police seized a computer, a video camera, a digital camera, computer gadgets
and CDs, but had trouble getting access to his computer because of its
high-level protection system. Police had to send the evidence to the UK.
Pol Col Thawee said the unit would get technical help, including special
software from the FBI in the US and Britain's Scotland Yard.
``Last week, FBI officials visited the CSD to lay plans for the unit,'' Pol Col
Thawee said.
The CSD would recruit more experts in computer technology and masters graduates
as part of the cyber crime team.
The unit will work closely with its US and British counterparts as well as
internet providers to tackle the growing number of internet crimes.
Pol Col Thawee said most internet crime here was fraud-related, with people
using fake credit card numbers to buy goods on-line. Other cyber crimes
involved people using technology to make and send on the internet pornographic
pictures of women and children.
Pol Sub-Lt Nattapan Settabutr, a member of the cyber crime unit, said computers
were now an important source of evidence in drug, corruption and fraud cases.
Many criminals used email and internet chat-rooms to communicate with each
other.
``It is important that we collect as much evidence as possible from
computers,'' said Pol Sub-Lt Nattapan.
Varaikorn Saengchot, manager of the A-net internet provider, said the company
often worked with police to track down users. ``The main problem of internet
crime is the anonymity of users. We are unable to control users as we do not
know who they are,'' she said.
Bobby Garcia wrote:
> Dear Colleagues at the Content group,
>
> Thanks for the final version of the declaration. Thanks as well to those
> insightful discussions, especially to Sacha's well elaborated and nuanced
> sharing on the complex issues of internet restriction v-a-v abuse
> (especially that which target children). I agree to the observations you put
> forward, and I also agree to the final point that there are specific venues
> where communication "abuse" can be addressed -- i.e. not necessarily in a
> declaration.
>
> I'm sorry I had been remiss in participating in this e-group. We also had
> burning issues to face back home, and I found it difficult to shift gears.
> Now I'm back to WSIS concerns again here at the PrepCom 2 in Geneva),
> together with the old colleagues back at the Asia. Biting cold. (even worse
> than our ha..hy...hypothermia, Serena ;-).
>
> I wish our original dynamic, "vervy," pro-active content group was still
> here to continue the engagement. Nevertheless, as Sacha said, we still have
> a good group -- a formidable group -- now still taking on the task.
>
> Bye and regards.
>
> Bobby
>
> ----- Original Message -----
> From: "Sacha Jotisalikorn" <sacha@forumasia.org>
> To: <communication@wsisasia.org>
> Sent: Friday, February 14, 2003 2:17 PM
> Subject: [communication 531] Re: Our Tokyo declaration
>
> > Hi Sakiyama-san,
> >
> > Thank you for your information and thoughts. I think this specific
> infromation you
> > mention is very constructive to any further discussion. If you will allow
> me to share my
> > view with you, I would agree that points b and c and the implications to
> violations of
> > basic rights you also mention would be problematic and cause more problems
> than solve
> > them. I would share concerns about the points and rights issues and
> support the Japanese
> > public to question the signing and adoption of the convention by the
> Japanese
> > government.
> >
> > On another note, going back to surveillance. If anyone, (individuals,
> companies,
> > government agencies etc) had the means to do so, they would just go ahead
> and do it, why
> > waste time and grief and draw attention to yourself by hiding behind
> conventions and
> > agreements and groups etc.
> >
> > Related to this, in a recent tech roundup in the Bangkok Post, the
> columnist (in ever
> > cynical mood) reports: "US president George W Bush announced the official
> start of the
> > Terrorist Threat Integration Center, which will try to gather all the
> computer
> > information on the globe in order to make the world safe from terrorism,
> not that it
> > would ever violate your privacy in the process, perish the thought."
> >
> > Below are some links reporting on this:
> >
> > <http://epistolary.org/1856.html> about the Total Information Awareness:
> This profiling
> > system run by the Information Awareness Office under DARPA by John
> Poindexter is already
> > funded by the United States Government and will correlate the data from a
> massive number
> > of government and commercial databases to identify citizens engaged in
> suspicious
> > activity. Some suspect it may soon be superceded by the Terrorist Threat
> Integration
> > Center.
> >
> > another: <http://news.com.com/2100-1001-982640.html> a CNET report on the
> Terrorist
> > threat Information Center.
> >
> > (Lots more links in Google).
> >
> > Sacha
> >
> > SAKIYAMA Nobuo wrote:
> >
> > > Regarding Convention on Cybercrime by Council of Europe, which
> > > Toshi mentioned, problems are not so simple.
> > > http://conventions.coe.int/Treaty/en/Treaties/Html/185.htm
> > >
> > > In the CoE Convention, the definition of "child pornography" is
> > > >> pornographic material that visually depicts:
> > > >> a. a minor engaged in sexually explicit conduct;
> > > >> b. a person appearing to be a minor engaged in sexually explicit
> conduct;
> > > >> c. realistic images representing a minor engaged in sexually
> explicit conduct.
> > > (b) and (c) are about "imaginary" things.
> > > >> Each Party may reserve the right not to apply
> > > these paragraphs, but still are encouraged not to reserve.
> > > This convention also has many problems not related to child
> > > pornography, conflicting basic human rights , freedom of expression,
> > > freedom of academic reserach (on computer security), and
> > > confidentiality of communication.
> > >
> > > Japan is the only state in Asia which signed CoE Convention on
> > > Cybercrime, and in my understanding, Japanese Government apparently
> > > did not adopt "open" multiple stakeholder approach for that convention
> > > in Japan.
> > > --
> > > SAKIYAMA Nobuo sakichan@sakichan.org
> > >
> > > At Thu, 13 Feb 2003 19:04:08 +0700,
> > > Sacha Jotisalikorn wrote:
> > > >
> > > > Hi Toshi-san,
> > > >
> > > > It is good to hear from you, as always. I am glad that we can use the
> list
> > > > as an opportunity to share viewpoints, however divergent they may be.
> I
> > > > think our mail list has been a good example of a robust Information
> > > > Society; that we understand and accept that there are different points
> of
> > > > view in the world, that we respect the rights of a person to be able
> to
> > > > communicate what they think, though we we don't necessarily have to
> agree.
> > > >
> > > > I'd like to respectfully respond to some of your comments. The way you
> > > > write and express certain things makes me take offense to certain
> > > > implications made in your message. I hope that you can accept this as
> an
> > > > attempt to offer constructive feedback and search for better
> understanding
> > > > of what you mean to say.
> > > >
> > > > I don't make any "moral" judgements on "pornography" and will not
> attempt
> > > > to argue whether it is a crime or not, but creating pictures of sexual
> > > > content with real children as subject matter and in sexual acts causes
> > > > serious harm to those children. I don't think this should be dismissed
> as
> > > > a "so-called serious crime". Unlike adults who by definition, have the
> > > > intellectual and emotional capacity to consent to sexual activities,
> > > > children lack the development to understand sex and the nature of
> sexual
> > > > relationships, or the consequences of their actions, such as how their
> > > > pictures will be used. Many of the children engaged in these
> activities
> > > > are very young 12 years and less, others may be older 15-16--but we
> are
> > > > not really talking about older, adventurous young adults. Children
> place
> > > > a great implicit trust in adults to protect and nurture them. Adults
> who
> > > > engage children in such activity exploit this vulnerability in
> children.
> > > > These adults may seek commercial or personal gain; many share/trade
> these
> > > > pictures with other paedophiles. The most prevalent way to do this is
> > > > through the internet.
> > > >
> > > > The issue is not "pornography" or "child pornography"; the issue is
> > > > specifically that children are mislead, coerced, manipulated by these
> > > > adults to perform sexual acts. These are not "so-called" acts, they
> are
> > > > real cases of one human taking advantage of another more vulnerable
> human
> > > > who doesn't have a clue. The photos and videos are evidence of these
> acts.
> > > > And is it not ironic that these photos are shared and traded with
> other
> > > > paedophiles without the consent of the children?
> > > >
> > > > In Thailand we are quite familiar with the problem. Local and
> > > > international press have investigated and reported on many occasions
> the
> > > > exploitation of these children. Many of the reports concern western
> men, a
> > > > majority from the US and UK who come to Thailand to seek sex with
> young
> > > > boys and girls. They are usually caught and tried not only because of
> the
> > > > testimony of witnesses and children but also because of the photos and
> > > > videos they take while having sex with children or having children
> have
> > > > sex with each other. Upon further investigation these paedophiles
> admit
> > > > that they came to Thailand because of the information and photos they
> > > > receive from others through the internet. The problem is also
> prevalent
> > > > in Cambodia, perhaps more so because of weaker rule of law.
> > > >
> > > > Another inaccurate and misleading comment that you make concerns the
> UN
> > > > Convention Against Transnational Organized Crime. You imply that the
> > > > convention is created so that US and other western countries may
> > > > strengthen monitoring and surveillance of migrant people under the
> pretext
> > > > of restricting human trafficking.
> > > >
> > > > Again in Southeast Asia there is a problem of human trafficking. The
> > > > people that are trafficked are an overwhelming majority of women and
> > > > children. A number of them are trafficked for commercial sexual
> > > > exploitation. These women and children are recruited with prospects
> of a
> > > > better income crossing borders as migrant laborers, factory workers,
> > > > cooks, waitresses etc, whether legally or illegally. Along the way
> their
> > > > handlers sell them off to other handlers who force/coerce the women
> and
> > > > children into the commercial sex trade. Some try to run away and
> succeed,
> > > > others don't try or don't succeed. While some others are physically
> > > > confined against their will.
> > > >
> > > > In the Southeast Asia region Thailand is both a trafficking
> destination
> > > > and a transit country. There are trafficking routes among these
> countries:
> > > > Myanmar, China, Thailand, Laos, Vietnam, Cambodia, Malaysia,
> Singapore.
> > > > Traffickers have quickly caught on to loopholes in these countries'
> laws.
> > > > The know what they can legally get away with in each country and adapt
> to
> > > > it because there are no consistent legal mechanisms recognized and
> > > > practiced in these countries. Traffickers have learned to network. As
> far
> > > > as I know there is no large syndicate that covers origin point to
> > > > destination; they pass on the trafficked people to each other along
> the
> > > > route. Unlike paedophiles who use the internet I'm not sure to what
> extent
> > > > these traffickers take advantage of the communication technology.
> > > >
> > > > Physical confinement also applies not only to those who are
> commercially
> > > > sexually exploited but also laborers in sweatshops. In Thailand there
> have
> > > > also been reported cases of children confined and rescued from
> sweatshops.
> > > >
> > > > Others who willingly allow themselves to be trafficked across borders
> and
> > > > willingly enter the sex trade are not immune to exploitation. Anyone
> in a
> > > > country illegally, trafficked or not, faces possible exploitation
> because
> > > > they think they have forfeited any legal protection that the country's
> > > > labor and other laws might offer "real" workers. Many fear arrest and
> > > > deportation and therefore loss of any income they may be deriving. So
> they
> > > > put up with unfair and exploitative employers.
> > > >
> > > > The UN Convention Against Transnational Organized Crime is among other
> > > > things, a concerted attempt to close those legal loopholes that
> > > > traffickers exploit.
> > > >
> > > > As with any international agreement there has been long and ongoing
> > > > discussion and research by many and various NGOs, inter-governemntal
> > > > bodies such as UNICEF, government offices, legal organizations in
> > > > different countries and regions of the world to address these
> problems.
> > > > Any conventions such as the Cyber Crime Convention or the Convention
> > > > Against Transnational Organized Crime are the result of serious
> researh,
> > > > deliberation and input/consultation and agreement from multiple (level
> and
> > > > sector) stakeholders. I think it's inaccurate and misleading to imply
> that
> > > > these conventions are arbitrarily created in an adhoc manner to be
> > > > conveniently used any specific groups with hidden agendas.
> > > >
> > > > I could see that it's possible for groups or individuals within the
> EU, US
> > > > or Japanese governments to creatively cite the conventions as a
> pretext
> > > > for surveillance of other people not suspected of being engaged in the
> > > > commercial sexual exploitation of children or of commercial
> trafficking of
> > > > women and children. But I think it's inaccurate and misleading to
> imply
> > > > that their has been a conspiracy to dupe the rest of the world into
> giving
> > > > the EU, US and Japanese governments a free hand in surveillance.
> > > >
> > > > Because these conventions are by nature results of a broad consensus
> they
> > > > may not be perfect, but to dismiss the efforts of all the people who
> > > > worked hard in creating the conventions is a great disservice, and it
> > > > belittles all the people who work to stop the sexual exploitation of
> > > > children and the commercial trafficking of women and children.
> > > >
> > > > Thank you for taking the time to read my message. I hope that you will
> > > > revaluate your opinion of these conventions and see them within their
> > > > proper context. I think these conventions were created in the same
> spirit
> > > > as other conventions, which we as civil society uphold and ask
> governments
> > > > to abide by.
> > > >
> > > > Sacha
> > > >
> > > >
> > > >
> > > >
> > > > Toshimaru Ogura wrote:
> > > >
> > > > > Dear all,
> > > > >
> > > > > I am sorry I have been silencing for long time.
> > > > >
> > > > > From: Adam Peake <ajp@glocom.ac.jp>
> > > > > Subject: [communication 408] Our Tokyo declaration
> > > > > Date: Mon, 27 Jan 2003 02:17:14 +0900
> > > > > Message-ID: <p05100301ba59c7056e11@[192.168.11.2]>
> > > > >
> > > > > > Missing from the numbered list - children and exploitation of
> > > > > > children. A millennium goal issue, and one particularly important
> to
> > > > > > our region.
> > > > >
> > > > > I understand children issues is very serious. But I think we should
> > > > > consider it more deliberately in terms of the internet issues.
> Because
> > > > > EU, US and Japan tries to ratify the Cyber Crime Convention by
> Council
> > > > > of Europe by pretext of spreading child pornography in the
> > > > > Internet. This convention permits more free hands to law enforcement
> > > > > for wiretapping, surveillance and other investigation beyond
> national
> > > > > border in order to investigate so called "serious crimes".
> > > > >
> > > > > Also, US and other western countries try to strengthen monitoring
> and
> > > > > surveillance of migrants people by pretext of restriction of human
> > > > > trafficking. In this pint, the United Nations Convention against
> > > > > Transnational Organized Crime has a serious damage to our civil
> > > > > liberty and human rights for political activities though this has a
> > > > > protocol regarding human trafficking.
> > > > >
> > > > > We should be careful not being carried off our own feet. Especially
> > > > > if we should refer "children" issues, we should also express our own
> > > > > view point regarding the Cyber Crime Convention and the UN
> Convention
> > > > > against Transnational Organized Crime. As for my own opinion, I have
> > > > > been opposing these two conventions for several years with many
> > > > > Japanese civil action groups.
> > > > >
> > > > > Regarding Cyber Crime Convention issues, please check following web
> > > > > sites.
> > > > > http://www.statewatch.org/
> > > > > http://www.gilc.org/
> > > > >
> > > > > best regards,
> > > > >
> > > > > toshi
> > > > > ((((((((((^0^)))))))))
> > > > > toshimaru ogura
> > > > > ogr@nsknet.or.jp
> > > > > toshi@jca.apc.org
> > > > > ((((((((((^0^)))))))))
> > > >
> >
> >
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