Do ut des: Disseminating online child sexual abuse material for investigative purposes?

Abstract

The infiltration of child sexual abuse fora on the dark web is a key investigation strategy in combating online child sexual abuse worldwide, aiming to identify perpetrators and rescue children from ongoing abuse and exploitation. The dissemination of child sexual abuse material is hereby the currency required to gain access to these fora. As the dissemination of such material constitutes a criminal offence, police are prohibited from engaging in such interventions in most countries. Germany is currently discussing whether police should be legally authorised to disseminate child sexual abuse material in such cases. Even though this contributes to the continuous traumatisation of the depicted child, police might eventually be able to save more children from abuse and exploitation. Whether and under which circumstances such interventions 'for the greater good' justify the damage caused to the depicted child, and whether such interventions can be brought in line with the rule of law, is discussed in this article.