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Feds crack down on teen, preteen ‘model’ sites
The operators of dozens of teen and preteen “modeling sites” that critics say are nothing more than eye candy for pedophiles have been indicted by a federal grand jury in Alabama for allegedly trafficking in “visual depictions of minors engaging in sexually explicit conduct.”
The operators of dozens of teen and preteen “modeling sites” that critics say are nothing more than eye candy for pedophiles have been indicted by a federal grand jury in Alabama for allegedly trafficking in “visual depictions of minors engaging in sexually explicit conduct.”
The indictment, unsealed this week in Birmingham, Ala., charges Webe Web Corp. of Fort Lauderdale, Fla., and its principals, Marc Evan Greenberg and Jeffrey Robert Libman, with 80 counts of conspiracy and interstate trafficking of the images of teen and preteen girls on dozens of Web sites operated by the company. Both men were arrested Tuesday in Fort Lauderdale and are due to be arraigned on Friday.
Photographer Jeff Pierson of Brookwood, Ala., also was charged with two counts of using a computer to “transport child pornography in interstate commerce” from January 2003 through 2004. Authorities said Pierson is cooperating with prosecutors.
“The images charged are not legitimate child modeling, but rather lascivious poses one would expect to see in an adult magazine,” U.S. Attorney Alice H. Martin said in a statement announcing the indictments and the closure of all the Webe Web sites. “Here lewd has met lucrative, and exploitation of a child’s innocence equals profits.”
In an e-mail interview, Martin told MSNBC.com that prosecutors will press charges against the defendants for photos showing the young girls scantily clothed but not nude under a federal statute that deems images that “show lascivious exhibition of the genitals or pubic area” to be child pornography.
No nudity, but ‘sexually suggestive poses’
“There are no semi-nude or nude images,” she said. “The children are dressed in underwear, adult lingerie, high heels, etc., and placed in sexually suggestive poses which focus the viewer's attention on the genital or pubic area. Some are posed with facial expressions and in positions that suggest a willingness to engage in sexual activity.”
If convicted of all charges, Greenberg and Libman could be sent to prison for up to 20 years and fined up to $250,000 for each count. They also face forfeiture of all proceeds from the Web sites.
Phone calls to the company offices and the homes of Libman and Greenberg were not answered.
MSNBC.com interviewed the woman whose complaint triggered the investigation of Pierson and Webe Web, who agreed to talk on the condition that neither she nor her daughter be identified.
She said she naively answered an online advertisement for preteen models several years ago so that her then-10-year-old daughter could begin to build a portfolio.
She and her daughter drove to Pierson’s home studio, where they met the photographer, his wife and the couple’s 12-year-old daughter.
“They seemed like perfect people,” she recalled. “They said she would have a Web site so that people looking for models would offer her jobs.”
Mother recounts her horror
The woman said that everything seemed on the up and up during the initial visit, which included some test shots of the girl wearing different outfits, so she signed a contract.
But on the second visit, she said, Pierson kept her out of the studio, asking her to remain in an adjacent room where she could see him but not her daughter.
“He said it makes the models nervous,” she said.
The woman said she sat chatting with the photographer and his wife during the daylong shoot and had no inkling what was going on until she walked into the studio when Pierson had left the room for a moment and saw her daughter wearing only a thong and a halter top.
“That feeling is a feeling I don’t wish on anybody,” she said.
The woman said that she and her daughter were frightened to leave because Pierson had earlier displayed a handgun he kept in the house, so they endured several more hours in the studio.
“I said ‘We can’t do this,’ but my daughter said she was scared to leave and let’s get through this and then we won’t come back,” she said. “It was really hard.”
Once they left, the woman said she “went straight to the FBI” in Birmingham and told them what Pierson had done.
Authorities seek other photographers
It is not known how many children Pierson photographed for Webe Web, but Martin said he was responsible for about 30 percent of the photos on the 60 or so sites that the company hosted from the Netherlands and has told prosecutors that the company paid him $270,000 for his work. Martin said investigators were continuing to try to identify other photographers who worked for the company.
Webe Web first drew scrutiny in 2001, when NBC's Miami affiliate, WTVJ, reported that the company was operating a handful of Web sites featuring young girls wearing bathing suits and other skimpy outfits and charging “members” to view additional photos.
Webe Web representatives defended the business model, denying the sites were aimed at pedophiles, but the controversy snowballed, and soon the company was featured in unflattering spots on national news programs like “Dateline NBC” and “Oprah.”
The sites also attracted the attention of Rep. Mark Foley, R-Fla., who in 2002 introduced a bill called the Child Modeling Exploitation Prevention Act to attempt to tighten restrictions on the sale of photographs of minors. The bill died in committee amid objections from civil libertarians and commercial interests.
Foley resigned from Congress in September after it was reported that he exchanged inappropriate e-mails with a teenage page.
The filing of criminal charges against Webe Web is at least the second federal criminal case brought against operators of Web sites featuring minors in provocative poses. Two Utah men, Matthew Duhamel and Charles Granere, are facing federal child pornography charges for a child modeling site that featured minors in lingerie.
Will juries buy ‘child porn’ argument?
But Frederick Lane, a lawyer who specializes in Internet issues and author of "Obscene Profits: The Entrepreneurs of Pornography in the Cyber Age," said it is an open question whether the hardball legal tactic will prove effective.
“It quickly gets into a legal gray area, like parents taking photos of their kids, so prosecutors have been reluctant to use it as a tool,” he said. “… From what I’ve seen, there’s too much gray area there in terms of persuading a jury that the photographs actually constitute child pornography.”
But he said that the “financial piece” — the fact that Webe Web charged customers $20 a month to subscribe to each girl’s Web site — may help the prosecution overcome that obstacle.
“That’s one of the things that is more persuasive to juries, a sense of exploitation of these girls,” he said.
For the defense, he said, the argument likely will hearken back to the late Supreme Court Justice Potter Stewart’s oft-repeated comment about "hard-core" pornography: “I know it when I see it.”
“For the defense point of view, the argument is, ‘Here is real child pornography, and that is not what this child is doing,’” he said.
No matter the outcome of the criminal case, it will do little to discourage other operators unless it leads to new legislation with clearer strictures against risqué photos of minors, said Don Austen, who has been active in pressuring ISPs to drop clients running preteen and teen modeling sites.
New laws needed, advocate says
“Just winning a case is not going to affect anything unless this brings to light what’s going on,” said Austen, who also runs the Thursday’s Child hot line for teenage runaways.
He also said that while some defend the “modeling” sites as harmless, they desensitize the young girls to sex. He said he knows of two girls who started out as teen “models” on such Web sites that graduated into adult pornography after they turned 18.
“It’s not just that she’s feeling embarrassment and feeling used. … It changes lives,” he said.
The damage isn’t exclusive to the children, said the woman who told authorities about Pierson.
She said she remains wracked with guilt because she didn’t sense that she was putting her daughter at risk until it was too late. Now, she said, the girl is fearful of being alone with men and recently broke down when a male doctor sought to examine her.
“I blame myself so much, but I never dreamed that could happen,” she said. “I thought love would protect her, but I guess I was just stupid.”
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Fueling the debate over preteen and teen “model” sites, authorities have shut down three Web sites where they allegedly seized sexually explicit material featuring minors, MSNBC.com’s Mike Brunker reports.
Aug. 26, 2002, 1:36 PM MSD / Source: msnbc.com
Even as lawmakers attempt to craft legislation to clamp down on Internet sites featuring preteen and teen “models,” authorities are using laws already on the books to prosecute operators of three such sites who allegedly possessed — and may have been selling — sexually explicit material featuring minors.
All three cases involve operators of “model” sites who crossed the legal line, either by possessing child pornography — a violation of federal law — or photos or videos showing underage girls in various states of undress that ran afoul of state laws against sexual exploitation of children, according to authorities.
The cases appear to provide new ammunition to critics of the “model” sites, which charge members a monthly fee to view photos of under-18 girls — including some as young as 8 or 9 — wearing revealing attire and striking suggestive poses. The majority of the sites do not feature nudity or overtly sexual material, but the cases currently in the courts indicate that some operators are happy to push the envelope.
Two members of Congress — Reps. Mark Foley, R-Fla., and Nick Lampson, D-Texas — have introduced legislation to crack down on the sites, which they say appeal to and are likely to encourage pedophiles.
“These Web sites … don’t sell products, they don’t sell services — all they serve are young children on a platter for America’s most depraved,” Foley said in March in announcing the legislation, which an aide said would likely have its first hearing in September.
But some in the fledgling “non-nude” niche are hopeful that the criminal cases will provide clear signals where the legal boundaries lie as they seek a degree of legitimacy for what one operator compared to the “pin-up” calendars of his youth.
“The cases could send a wake-up call ... that there has to be a limit of where you can go and a line beyond which you shouldn’t venture,” said Dave Mundy, whose “non-nude” Bayougirls.com site features underage as well as adult models.
But it is likely that any line drawn by the courts will be blurred, given the differing circumstances and venues of the three cases to be decided in the coming months:
The first, scheduled to go to trial on July 22, involves a “mom and pop” site run by an Arkansas couple that featured their 12-year-old daughter.
Sheriff’s deputies officers who served a search warrant on the home of James and Donna Cummings of Magazine, Ark., in October 2001 found a videotape featuring the daughter that a prosecutor described as “significantly more explicit” than the cheesecake-style photos of her that were posted on the site.
The Cummingses, who are free on bail, are charged with the state felony of “engaging children in sexually explicit conduct for use in visual or print medium,” and face a maximum of 10 years in prison and a $10,000 fine. In the meantime, the couple’s four children have temporarily been placed in the custody of a grandparent pending the outcome of the trial.
In March, a federal grand jury in Missouri indicted Gary Lee Smith, 35, on federal child pornography charges.
The indictment alleges that Smith, who operated at least one preteen “model” site and possibly others, “employed and enticed a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct” that was later transported across state and national borders. Published reports have indicated that the charges involve a 12-year-old Missouri girl who allegedly posed for Smith in a hotel room last year.
Smith, who was previously convicted of sexual abuse of a 16-year-old in Arkansas, is being held without bail. He faces up to 90 years in prison without parole and a fine of up to $750,000 if convicted of all three counts against him at his trial, currently scheduled to begin on Sept. 23.
On April 5, Arapahoe County, Colo., deputies raided the home and offices of photographer James Steven Grady, who also operated the TrueTeenBabes and TrueTeenCams Web sites.
In the raid, which interrupted live chat session featuring a scantily clad 18-year-old “model,” deputies seized more than 100,000 images of teenage girls, including 220 featuring underage girls posing nude or partially nude, police said.
Grady, 42, has pleaded innocent to 886 felony counts of violating a state statute against sexual exploitation of children. He remains in jail in lieu of $500,000 bail and could face a maximum sentence of life in prison if convicted at his trial, currently scheduled to begin on Oct. 3.
The case against Smith, who was arrested after NBC’s Chicago affiliate WMAQ reported that the operation of his teen “model” site apparently violated his parole, may be the strongest of the three, since it is based on the frequently used federal child pornography statute.
In a statement announcing Smith’s indictment, U.S. Attorney Todd Graves said that investigators had seized copies the child pornography that Smith allegedly was selling and had obtained guilty pleas from three ancillary figures in the case, who apparently are cooperating with authorities.
Attempts by MSNBC.com to reach Smith’s attorney were unsuccessful.
The case against Grady will largely rest on a section of a Colorado state law prohibiting sexual exploitation of children that deals with “erotic nudity,” which it defines as the display of genitals, pubic area or the breast area “for the purpose of real or simulated overt sexual gratification or stimulation.”
Prosecutors say that Grady, who has a criminal record that includes theft, fraud and contempt-of-court convictions, mingled his professional glamour photography business with hard-core adult porn and teen “model” sites. The 886 counts filed against him include four violations of the law for each of the 220 photos featuring 13 underage girls that prosecutors say were found in Grady’s offices and on his computers.
Grayson Robinson, the undersheriff of Arapahoe County, who was involved in the April 5 raid on Grady’s businesses, told MSNBC.com that the photos featured both “full nudity … and kind of opaque nudity through sheer clothing.”
Grady’s attorney, Andrew Contiguglia, hinted during a preliminary hearing on May 29 that he will argue that the photos were fashion photos that had artistic merit, telling the court, “I have not heard anything related to sexual purpose.” The artistic merit argument has been used successfully by a number of photographers to defend their images of nude or partly nude children.
But Robinson, the undersheriff, said it isn’t likely to carry much weight given the circumstances in which the photos were taken.
“Where we are focused is the sexual exploitation of juveniles, and this is clearly exploitive of young girls who are not old enough to sign contracts or make a variety of life’s decisions,” he said.
In the case of the Arkansas couple, the videotape seized during a search of the home and the circumstances in which the search warrant was obtained are expected to be key as prosecutors seek to prove that they violated a state law barring “engaging children in sexually explicit conduct for use in visual or print medium.”
Prosecutor Tom Tatum II told MSNBC.com that the material on the tape was “significantly more explicit” than the images of the daughter on the Web site, though “a couple of the photos (posted there) maybe crossed the line as well.”
A news group posting requesting donations to help pay the Cummingses’ legal expenses, which was sent from the same email account that James Cummings used to register his daughter’s Web site, described the videotape as being 3-years-old — shot when the daughter was 9 — and stated that it did not contain nudity.
The post, which was filed to a news group devoted to sex topics on Nov. 2, 2001, also stated that sheriff’s deputies obtained a search warrant for the Cummings home by falsely claiming that the couple was selling videotapes of their daughter on the Web site.
An attorney for the Cummingses, David Dunagin, declined to discuss the evidence against his clients, but indicated that the circumstances under which the search warrant was obtained could prove an avenue for appeal if they are convicted.
Even before the courts rule, the cases have added fuel to what was an already superheated debate over the preteen and teen “model” sites.
Foley, the Florida congressman, seized on the issue last year after NBC’s Miami affiliate, WTVJ/NBC 6, reported that a company in his home state, Webe Web Inc., had created at least a half dozen sites featuring teen and preteen girls, all of whom apparently had their parents’ permission. After asking the FBI to investigate the sites, the congressman announced in March that he would introduce a bill that would ban sites that “do not promote products or services beyond the child.”
But Jeffrey J. Douglas, chairman of the board of the Free Speech Coalition, an adult-industry trade association, said such an approach is “utterly unconstitutional” as well as unnecessary.
“The problem isn’t the Web sites,” he said. “If there are Web sites that are literally promoting child porn, those laws already exist. If it’s a matter of trying to address people’s poor taste in eroticizing children … I don’t think there’s a federal solution to that problem.”
Foley responded that the bill “will meet constitutional muster.”
“We don’t make laws that we think will be shot down,” he said. “Unlike these website operators, our motives are pure.”
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