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Cablegate: Child Pornography in Japan: February 6 Roundtable with The

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FM AMEMBASSY TOKYO
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RUEAWJA/JUSTICE DEPT WASHDC PRIORITY
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC

UNCLAS SECTION 01 OF 03 TOKYO 000407

SIPDIS

SIPDIS

STATE FOR INL, L/LEI, EAP/J
JUSTICE FOR CEOS

E.O. 12958: N/A
TAGS: PHUM KCRM KOCI PREL JA
SUBJECT: CHILD PORNOGRAPHY IN JAPAN: FEBRUARY 6 ROUNDTABLE WITH THE
DIET

TOKYO 00000407 001.2 OF 003


1. Summary: The Japanese Diet may soon consider criminalizing the
simple possession of child pornography, U.S. delegates to the G8
Lyon-Roma meeting in Tokyo learned during a meeting with six Diet
members arranged by Embassy Tokyo. Although most of the Diet
participants in the meeting support revising Japan's child
pornography laws, one vocal opponent articulated the opposing
viewpoint: that criminalizing simple possession is unnecessary and
would compromise the right to privacy. Using examples from the U.S.
experience, the U.S. representatives addressed these points, but the
Diet member appeared unconvinced, and many others reportedly share
his view.

2. The fight against child pornography must transcend borders,
Deputy Assistant Secretary of State for International Narcotics and
Law Enforcement Affairs Elizabeth Verville told the Diet members.
Department of Justice Child Exploitation and Obscenity Section
(CEOS) Chief Andrew Oosterbaan, State Department Attorney-Adviser
David Buchholz, and DAS Verville were in Tokyo to attend a meeting
of the Group of Eight (G8) Lyon-Roma group, which has addressed
child pornography issues for more than ten years. In addition to
sponsoring an image database that is now used by Interpol to help
rescue children who are victims of sexual abuse, the G8 Lyon-Roma
group prepared the G8 Justice and Home Affairs Ministers Declaration
on Reinforcing the International Fight against Child Pornography,
issued in May 2007. The United States is committed to strengthening
its laws to fight child pornography, DAS Verville continued, noting
that in signing the declaration, the G8 Ministers pledged to ensure
that their States have strong anti-child pornography legislation.
Acknowledging recent statements by the Prime Minister and Justice
Minister calling for revision of Japan's child pornography laws, DAS
Verville invited the Roundtable participants to discuss how the
United States and Japan could work together to better protect the
world's children.

"Child Pornography" fails to describe this unbearable crime
--------------------------------------------- --------
3. The prevailing sentiment worldwide is that child pornography
images themselves are abusive, Verville told the Diet members. The
exploitation does not end with the production of the images. The
term "Child pornography" does not capture the horror of the crime,
added Embassy Tokyo Political Minister Counselor. Calling the
images "Child Rape" would be more accurate. We must refocus our
efforts on spreading this consciousness. People who possess these
images profit financially or sexually from the illegal act, and
contribute to the global demand for sexual abuse of children.

Opponent of criminalizing possession claims that existing laws are
sufficient
--------------------------------------------- --------
4. Critics of Japan's child pornography law do not understand it,
said Democratic Party of Japan (DPJ) Lower House Representative
Yukio Edano. Japanese law criminalizes possession for distribution,
transportation, display, or sale. As one of the creators of the
child pornography law, Rep. Edano expressed confidence that any
child pornography crime can be investigated under the existing legal
framework. The law is strict, including all aspects of internet
trade and criminalizing distribution to even one person. Statements
by police that the lack of a law criminalizing simple possession
prevents effective investigation are "lies," Rep. Edano claimed.
Any failure by Japan to suppress the spread of child pornography is
due to ineffective police investigation, not to incomplete
legislation.

5. Child pornography crimes are getting worse in spite of existing
laws, responded CEOS Chief Oosterbaan. Not only is the number of
offenders increasing, but the violence of the crimes is abysmally
worse than it was ten years ago. Most child pornography victims
today are prepubescent, including infants and toddlers who are being
inflicted with the "worst kinds of abuse imaginable." Psychologists
are saying that viewing child pornography starts a cycle of
stimulation that frequently ends with the sexual abuse of a real
child. In addition to the influence of the images themselves, the
community a person must join to obtain child pornography images and
videos has a perverse influence. The exposure to these networks of
like-minded individuals leads an offender to think that it is
"normal" to have sexual feelings about a child. U.S. prosecutors
are increasingly concerned not only about the children depicted in
these images and videos, but also about children who come in contact

TOKYO 00000407 002.2 OF 003


with persons viewing child pornography. Oosterbaan asserted that in
view of the growing evidence indicating a link between using child
pornography and committing contact sexual abuse offenses, mere
possession of child pornography is a crime as serious as any other
child pornography crime because of the risk an offender presents to
children who come in contact with him. Simple possession must be
criminalized to secure the safety of our children and maintain an
adequate enforcement regime, Oosterbaan explained.

6. Criminalizing simple possession is critical to a criminal
investigation, added Embassy Legal Attach. FBI investigations
start with matching the IP addresses of persons downloading the
highest volume of images and videos with names. Investigations are
then opened against those persons in "high risk" positions:
teachers, doctors, bus drivers, etc. These investigations often
turn up evidence of crimes besides simple possession, including
contact sexual abuse offenses and/or identifying other distributors
of child pornography. Investigators would never learn of these
other crimes if it were not for the access to the names of
downloaders that the criminality of simple possession allows.
Embassy Legal Attach and other U.S. agencies have provided lists of
the IP addresses of child pornography downloaders to their Japanese
counterparts, but the Japanese police say that they cannot take
action because simple possession is legal. Rep. Edano interjected,
repeating his assertion that the police are lying and that the
problem is that they are not working to enforce existing laws.

Child Pornography and the Right to Privacy
------------------------------------------
7. Japanese police cannot be trusted with the increased search and
seizure powers that criminalizing simple possession would grant,
Rep. Edano continued. In a country where confessions have been
given too much weight by courts and police interrogation methods
have regularly come under fire, criminalizing simple possession
would compromise the human rights of private citizens. In addition,
innocent people could be punished for having child pornography
placed on their computer by a virus or a hacker or placed in their
briefcase without their knowledge.

8. The United States is also concerned about the rights of the
individual, replied Verville. In the U.S. experience, criminalizing
simple possession has not compromised these rights. Safeguards can
be built into the laws, added Oosterbaan. In the United States, the
burden of proof is on the prosecutor to demonstrate that someone
"willingly and knowingly" possessed the images or videos, which can
be very difficult. When Komeito Rep. Kazufumi Taniguchi asked
whether parents taking innocent pictures of their children on the
beach would be committing a crime, Oosterbaan explained that the
legal definition of child pornography must be drawn carefully and
specifically to avoid criminalizing harmless activity. In the U.S.,
the law requires that an image such as that described by Rep.
Taniguchi depict the "lascivious" exhibition of the genitals to fall
under the definition of child pornography, Oosterbaan advised.

To revise or not to revise: Diet members weigh in
--------------------------------------------- ----
9. As one of the authors of the original legislation, Liberal
Democratic Party (LDP) heavyweight Rep. Sadakazu Tanigaki confirmed
that there were very real concerns about police abuse when the bill
was written. But the situation has changed during the last ten
years, especially with the growth of the Internet, and it is now
difficult to maintain the same arguments, Rep. Tanigaki stated. He
indicated that more discussion is warranted. Another sponsor of the
original child pornography law, LDP Rep. Mayumi Moriyama, indicated
that the 1999 law was a compromise necessary to achieve legislation
that could be enacted, but suggested as well that the Internet
represented a new development that warrants review. Japanese
standards must meet international standards, added Komeito Rep.
Kaori Maruya. In addition to criminalizing simple possession and
revising the definition of child pornography, measures must be
enacted to define the responsibility of internet service providers
(ISPs). In response to Rep. Maruya's observation that more than 60
percent of the servers hosting child pornography are in the United
States, Oosterbaan emphasized the need for a law mandating that ISPs
report illegal content they find on their servers to authorities.
DPJ Rep. Koichiro Gemba expressed his support for criminalizing
simple possession, with the condition that the law must be written
to protect victims of maliciously planted images.

TOKYO 00000407 003.2 OF 003

10. Comment: Rep. Tanigaki's active support is significant. The
first step in criminalizing simple possession will be for each party
to create a project team to review the issue. As the Chairman of
the LDP Policy Affairs Research Council, Rep. Tanigaki is the
decision maker for creating project teams. Komeito has already
formed its team with Rep. Maruya at the head. Rep. Maruya was the
most vocal proponent at the meeting of criminalization of simple
possession. The DPJ has also created a project team, with Rep. Miho
Takai as its head. The DPJ's Rep. Edano's main arguments seem to
contradict themselves: saying that police are not exercising their
powers under the existing legislative framework, and at the same
time saying that the police would abuse their powers under a revised
law. Whether or not his opinion reflects the thinking of the
greater DPJ, he is an influential opponent.

11. Present at the meeting were:

Japanese Participants:
-- LDP Rep. Sadakazu Tanigaki, UNICEF Parliamentarian League
Chairman, LDP Policy Research Council Chairman, Tanigaki Faction
leader.
-- LDP Rep. Mayumi Moriyama, architect of the enactment of the
anti-child pornography law. Her former posts include Chief Cabinet
Secretary and Minister of Justice.

SIPDIS
-- DPJ Rep. Yukio Edano. The Diet's most vocal opponent of
criminalizing simple possession, Rep. Edano actively opposes any
legislation that might negatively impact human rights.
-- DPJ Rep. Koichiro Gemba, Chairman of Lower House Special
Committee on Youth Issues.
-- Komeito Rep. Kaori Maruya, Chair of Komeito Project Team for
reviewing the anti-child pornography law.
-- Komeito Rep. Kazufumi Taniguchi, member of Komeito Project Team
for reviewing the anti-child pornography law.


U.S. Participants:
-- Elizabeth Verville, Deputy Assistant Secretary, Bureau for
International Narcotics and Law Enforcement Affairs (INL), DOS
-- Mike Meserve, Embassy Political Minister Counselor
-- Drew Oosterbaan, Chief, Child Exploitation and Obscenity Section,
DOJ
-- David Buchholz, Attorney-Adviser, Office of the Legal Adviser,
DOS
-- Larry Futa, Embassy Legal Attach
-- Marc Knapper, Embassy Political Section Deputy
-- Negah Angha, Foreign Affairs Officer, DOS/INL
-- Scott Hansen, Embassy Political Officer
-- Fumiko Gregg, Embassy Interpreter

12. This cable has been cleared by Washington participants.

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