OTLA Trial Lawyer Winter 2022

29 Trial Lawyer • Winter 2022 See Image Offenses p 30 where CSAM is found.” See, “Project Arachnid: Online Availability of Child Sex Abuse Material,” https://www.protectchildren.ca/pdfs/C3P_ProjectArachnidReport_Summary_en.pdf. Project Arachnid is an online web crawler developed and launched in 2017 by C3P which searches out known files of CSAM on the web. The agency then issues take down notices to electronic service providers (ESPs) advising them of the presence of CSAM on their platforms. The responses of the ESPs has been varied. Once C3P proved the validity of its assessment of the images, the response has become relatively quick with some ESPs — within 24 hours — for pre-pubescent CSAM. Images involving adolescents have experienced longer removal times and higher image recidivism rates. With no regulation or liability incentives, ESPs have little reason to act quickly when the illegality of the image is not blatantly obvious. The borderless nature of the internet and the trade in CSAM make this Canadian agency’s efforts and findings of vital importance in halting the spread of CSAM everywhere. Remember, any type of sex abuse case may include images of the abuse. Inquire of potential sex abuse clients whether images or videos were taken. Perpetrators of sex abuse offenses produce images so they can control the victim with threats of disclosure, relive their actions, sell or trade the images with others, or gain status within their CSAM consumer community. In 2008, when I saw my first image exploitation client, 18 USC 2259 was on the books but there were no reported decisions involving a survivor seeking compensation. In March 2009 the first restitution order under 18 USC 2259 was entered against Pfizer’s vice president and global patent director. The six-figure restitution award by the court was eventually compromised via settlement. However this order paved the way for use of the statute to compensate survivors. Lasting concern Restitution claims should be approached as a serious personal injury case — for indeed that is what the survivor has experienced. Further, the crimes are ongoing. While most injuries have happened in the past, each time a CSAM image is circulated, the victim is reinjured. Any person victims have contact with may be a consumer of their CSAM images. Most survivors are “rationally paranoid” that someone who has downloaded their images will recognize them and seek or force sexual contact (as has happened). In federal criminal cases, the Department of Justice notifies victims of significant events in a prosecution in which their CSAM is identified. Images of children depicted in CSAM are part of a database maintained by the National Center for Missing and Exploited Children (NCMEC.) When a device is seized by law enforcement, copies of the images are sent to NCMEC. NCMEC returns a report detailing the known images to law enforcement. If the case is federally prosecuted, a series of notices will issue to the victim(s) depicted in the images, triggering the opportunity to request restitution. A forensic psychological report and a life-long treatment plan by an expert versed in the unique aspects of image exploitation crimes is essential. Amedical evaluation may also be needed because elevated serum cortisol levels of CSAM victims can exacerbate underlying medical conditions — thyroid and other autoimmune disorders, asthma, neuropathies and more. Because this population often experiences disruptions in school and work, vocat ional evaluat ions are important. Sitting in classrooms full of strangers in post-secondary educational settings, or taking public transit to get to school or work may be triggering. Young men often channel emotional injuries into displays of anger or issues with