via CAAI news Media
JONATHAN PEARLMAN
February 5, 2010
POLICE will be able to destroy computers carrying suspected child pornography even when the material is highly encrypted and impossible to access, under a tightening of federal sex-offence laws.
But police are also understood to be pressing the government for greater powers against suspects who refuse to reveal passwords.
At present, offenders who refuse to hand over passwords can be sentenced to up to six months' jail but are able to avoid longer sentences for incriminating material.
The commissioner of the Australian Federal Police, Tony Negus, said yesterday the new laws would give the police the ability to destroy computers - not just files - to ensure that potentially criminal material was not returned to offenders.
''In many instances, people use encryption devices to make it very difficult for us to ascertain exactly what is in a particular file in a particular computer. This will allow us to seize that encrypted computer device and have it destroyed, rather than the law, as it currently sits, where ultimately this would be returned to the owner,'' Mr Negus said.
The Home Affairs Minister, Brendan O'Connor, announced a range of measures to tighten federal sex-abuse laws, including a crackdown on child sex tourism and postal services to buy and distribute illegal pornography.
The changes include offences targeting commercial child-sex tour operators and people suspected of planning overseas child-sex trips.
''These laws will help make our children safer,'' Mr O'Connor said.
''The internet is endlessly transforming. We need laws to keep up with the technological changes.''
The AFP has been targeting ''child-sex tourism hot spots'' in Thailand, Cambodia and the Philippines, including towns and areas that are well-known destinations for overseas paedophiles.
The national manager of the federal police's high-tech crime operations, Assistant Commissioner Neil Gaughan, said police had seen an increase in child pornography involving penetration, including abuse by women. He said the material was mostly created in Russia and North America.
Offenders in Australia have been caught creating child porn privately but are not known to have created material for commercial use.
Mr Negus said child pornography rings were increasingly using social networking and were at the ''forefront of encryption''.
''This is a growing problem. As we get more into the technology our covert practices become more entrenched and enhanced, we are seeing more of this activity.''
The Government also yesterday passed legislation targeted at organised crime, including greater protection for undercover police and powers to charge criminals with ''unexplained wealth''.
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