[Congressional Record Volume 147, Number 105 (Wednesday, July 25, 2001)]
[Senate]
[Page S8205]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. HATCH (for himself, Mr. Schumer, and Mr. DeWine):
S. 1234. A bill to amend title 18, United States Code, to provide
that certain sexual crimes against children are predicate crimes for
the interception of communications, and for other purposes; to the
Committee on the Judiciary.
Mr. HATCH. Mr. President, the Internet has dramatically changed the
lives of the American people. The way in which we work, live, play, and
learn has been forever changed. The benefits this new technology has
brought to us are truly innumerable. Unfortunately, however, the
technology has also created some fearful problems. In particular, the
Internet is fast becoming an increasingly popular means by which
criminals pursue their nefarious activities.
Perhaps no criminal activity is as nefarious as sex crimes directed
at children. And alarmingly, the Internet has proved to be a boon for
these sexual predators. Before the Internet, these deranged individuals
operated in the open, lurking near parks or schools in an effort to
lure children. Now they are able, with almost absolute anonymity and
from the security of their homes, to reach our children over the
Internet.
The result is frightening. According to State and local law
enforcement officials, the Internet has brought an explosion in sexual
predator and child pornography activity. Since 1995, the FBI alone has
investigated more than 4,900 cases involving persons traveling
interstate for the purpose of engaging in illicit sexual relationships
with minors and persons involved with the manufacture, dissemination
and possession of child pornography.
According to the Bureau, computers have rapidly become one of the
most prevalent communications devices with which pedophiles and other
sexual predators share sexually explicit photographic images of minors
and identify and recruit children for sexually illicit relationships.
This fact is not lost on the public. When asked about cyber-crime, a
majority of Americans pointed to child pornography as their biggest
concern. The Pew Internet & American Life Report Survey found that 92
percent of Americans are concerned about child pornography. Americans
are rightly concerned that the Internet does not become a haven for
those who would commit these horrific crimes.
The Anti-Sexual Predator Act of 2001, which I am introducing today,
provides much-needed tools to investigators tracking sexual predators
and child pornographers. The legislation will be particularly useful to
investigators tracking sexual predators.
Although in many cases much of the initial relationship between these
sexual predators and their child victims takes place online, the
predators will ultimately seek to have personal contact with the child.
Thus, the communications will move first to the telephone, and then to
face to face meetings. The telephone calls between the perpetrators and
the victims therefore represent a dangerous step in the luring of the
child. And the more access the sexual predator is allowed to the child
victim, the greater the chance that the predator will succeed in
convincing the child to continue the ``relationship'' and agree to
personal meetings.
As the laws stand today, investigators do not have access to the
Federal wiretap statutes to investigate these predators. Absent this
authority, law enforcement officers, upon discovery of the on-line
relationship, are left to attempt to gain information about the
relationship from an often uncooperative or resentful child who
believes that he or she is ``in love'' with the perpetrator. Providing
wiretap authority not only will aid law enforcement's efforts to obtain
evidence of these crimes, it will also help them stop these crimes
before the predator makes physical contact with the child.
The Anti-Sexual Predator Act of 2001 will add three predicate
offenses to the Federal wiretap statute. This addition will enable law
enforcement to intercept wire and oral communications relating to child
pornography materials, the coercion and enticement of individuals to
travel interstate to engage in sexual activity, the transportation of
minors for the purpose of engaging in sexual activity.
To be sure, law enforcement will still need to obtain authority from
a court in order to obtain a wiretap, and the court will authorize the
wiretap only if the government meets the strict statutory guidelines
laid out in Title III. Thus, this legislation does nothing to undermine
the legitimate expectations of privacy of law-abiding American
citizens.
This legislation fills a gap in our arsenal against child
pornographers and sexual predators. I know we all share this goal, and
I urge my colleagues to join me in expeditiously acting on this
important legislation. I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1234
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Sexual Predator Act of
2001''.
SEC. 2. AUTHORIZATION OF INTERCEPTION OF COMMUNICATIONS IN
THE INVESTIGATION OF SEXUAL CRIMES AGAINST
CHILDREN.
(a) Child Pornography.--Section 2516(1)(c) of title 18,
United States Code, is amended by inserting ``section 2252A
(relating to material constituting or containing child
pornography),'' after ``2252 (sexual exploitation of
children),''.
(b) Transportation for Illegal Sexual Activity.--Section
2516(1) of title 18, United States Code, is amended--
(1) by redesignating paragraph (p), as so redesignated by
section 434(2) of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1274), as
paragraph (q);
(2) by striking paragraph (p), as so redesignated by
section 201(3) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 110 Stat. 3009-565); and
(3) by inserting after paragraph (o) the following:
``(p) a violation of section 2422 (relating to coercion and
enticement) or section 2423 (relating to transportation of
minors) of this title, if, in connection with that violation,
the sexual activity for which a person may be charged with a
criminal offense would constitute a felony offense under
chapter 109A or 110 of this title, if that activity took
place within the special maritime and territorial
jurisdiction of the United States; or''.
______