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Cablegate: Brazil: Meeting with Senate Pedophilia

VZCZCXRO2192
RR RUEHRG
DE RUEHBR #0760/01 1571435
ZNR UUUUU ZZH
R 051435Z JUN 08
FM AMEMBASSY BRASILIA
TO RUCPDOC/DEPT OF COMMERCE WASHDC
RUEAHLC/DEPT OF HOMELAND SECURITY WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/SECSTATE WASHDC 1802
INFO RUEHAC/AMEMBASSY ASUNCION 6834
RUEHBU/AMEMBASSY BUENOS AIRES 5552
RUEHMN/AMEMBASSY MONTEVIDEO 7385
RUEHSG/AMEMBASSY SANTIAGO 0363
RUEHRG/AMCONSUL RECIFE 8096
RUEHRI/AMCONSUL RIO DE JANEIRO 6215
RUEHSO/AMCONSUL SAO PAULO 2152
RHMCSUU/FBI WASHINGTON DC

UNCLAS SECTION 01 OF 02 BRASILIA 000760

SIPDIS

DHS PLEASE PASS TO ICE OFFICE OF INTERNATIONAL AFFAIRS
USDOC FOR 4332/ITA/MAC/WH/OLAC/JANDERSON/ADRISCOLL/MWAR D

E.O. 12958: N/A
TAGS: EINT SOCI TINT KCRM KJUS PHUM BR
SUBJECT: BRAZIL: MEETING WITH SENATE PEDOPHILIA
INVESTIGATIVE COMMITTEE

1. Summary. Ambassador, Resident Legal Adviser, DHS/ICE
Attache, and Poloff met on May 13 with the Chairman of the
Brazilian Senate's Parliamentary Committee of Inquiry (CPI)
into Pedophilia and two law enforcement officials to discuss
U.S. laws to protect children, prosecute sex offenders, and
exploitation of children via the Internet. After a highly
positive exchange of information, Mission and the CPI
Chairman agreed to continue sharing views and information.
The Chairman told us that, after meeting with us, he would
now like to introduce legislation based on U.S. models, and
would like the entire CPI of seven senators to visit the
Justice Department, FBI, ICE Cybercrimes Unit, and other
relevant agencies to learn about U.S. practices. End summary.

2. Ambassador, Resident Legal Adviser (RLA), DHS/ICE
Attache, and Poloff met on May 13 at the Embassy with Senator
Magno Malta (Party of the Republic, "PR," government
coalition; of Espirito Santo), Chairman of the Pedophilia
CPI, Ana Lucia Melo, a state prosecutor from Rio de Janeiro,
and Carlos Eduardo Miguel Sobral, a Federal Police
cybercrimes investigator. Senator Malta requested the
meeting to discuss child pornography, tracking of sex
offenders, and ways to protect children from pedophiles.
Ambassador was able to stay only briefly and was not present
during any of the more technical discussions.

3. Chairman Malta explained that he had pressed for the
CPI's creation in order to change the relevant Brazilian
legislation because Brazil has no specific legislation
governing online child pornography and other types of
cybercrime. He asked how the U.S. prosecutes sex offenders
who prey on children and how sex offender registries work.
He also asked for copies of U.S. legislation that could serve
as models for new Brazilian legislation and asked about
existing cooperation between U.S. and Brazilian authorities.
RLA provided copies of the Adam Walsh Act and the Protect
Act, and answered numerous questions about sex offender
registries, prosecution of child pornography cases, and sex
crimes involving minors.

- - - - - - -
Clifford Case
- - - - - - -

4. Malta raised the case of Michael Joseph Clifford, a
DHS/ICE Deportation officer accused of child exploitation at
a hotel in Brazil. DHS/ICE Attache replied that the U.S. is
seeking the toughest penalty possible, whether in Brazil or
the U.S., and is fully cooperating with Brazilian
authorities. Ana Lucia Melo gave DHS/ICE Attache a copy of
the Brazilian government's accusation against Clifford.
Senator Malta expressed his satisfaction with the U.S.
response to this serious crime and was pleased to hear that
DHS had already successfully prosecuted 10 others under
federal law and had obtained a minimum sentence of 10 years
per defendant.

- - - - - - -
Google/Orkut
- - - - - - -

5. As part of the CPI's work, it was able to obtain over
3,000 Google records of identified child pornography that had
been distributed on the Internet from Brazil. The senator
voiced his concern about, in his view, inadequate cooperation
from Google and its subsidiary Orkut, a relationship site,
especially in the past. DHS/ICE Attache noted that Google,
Orkut, Microsoft, and all other Internet service providers
are required to report the discovery of child pornography on
the Internet. DHS/ICE has established a mechanism to have
access to this information which has been reported. DHS/ICE
has already initiated the practice of sharing this
information with Brazilian Federal Police. Malta was under
the incorrect impression that this information would not be
available to the GOB. DHS/ICE Attache explained that the
information was available to the federal police and the CPI.
Malta commented that he was very impressed by the U.S.
judicial system and that he was going to encourage the CPI to

BRASILIA 00000760 002 OF 002


rely heavily on the RLA when drafting legislation.

- - - - - - -
Demonstration
- - - - - - -

6. DHS/ICE Attache demonstrated the ICE online system to
retrieve and pass to Brazilian authorities information about
postings of suspect materials which originated in Brazil that
had been posted on the Internet. The information that can be
retrieved includes the images posted, the IP address of the
source sending from Brazil to the U.S., and routing paths
used in distributing the images. DHS/ICE Attache explained
that Mission will routinely pass all such information to
Brazilian Federal Police to aid it in investigating suspected
child pornography cases as soon as a protocol for such
sharing is established.

7. Chairman Malta said he was extremely satisfied with the
briefings, answers, and demonstration he got from Embassy
officers, and was pleased to note the close working
relationship that has been established between DHS, Resident
Legal Adviser and Brazilian Federal police, prosecutors and
other authorities. Malta's understanding of the Google issue
is still imperfect: on May 28 he attended a PAS-organized
presentation on cybercrimes by a Department of Justice
specialist and made a number of incorrect assertions about
Google's actions over the past four years. RLA and other
Mission officers are staying in touch with him to provide
information about bilateral legal cooperation.
SOBEL

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