Operation Ore

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Operation Ore was a British police operation that commenced in 1999 following information received from US law enforcement, which was intended to prosecute thousands of users of a website reportedly featuring child pornography. In the United Kingdom, it led to 7,250 suspects identified, 4,283 homes searched, 3,744 arrests, 1,848 charged, 1,451 convictions, 493 cautioned and 140 children removed from suspected dangerous situations ^[1] and an estimated 39 suicides.^[2][3] While Operation Ore did identify and prosecute a number of sex offenders, the validity of the police procedures was later questioned, as errors in the investigations were claimed by some to have resulted in a large number of false arrests.^[4]

Operation Ore followed the similar crackdown in the United States, called Operation Avalanche, though in the US only 100 people were charged from the 35,000 US access records available.^[5]

US investigation

Main article: Operation Avalanche (child pornography investigation)

Between 1999 and 2001, after a tip off, a US investigation was conducted into Landslide Productions Inc, a Texas-based online pornography portal operated by Thomas and Janice Reedy. The portal was found to have provided access to child pornography and the Reedys were both convicted of trafficking child pornography in August 2001.

Following the investigation and conviction "Operation Avalanche" was launched, in the US, to trace and prosecute child pornography users identified in the Landslide database. In addition the website was run for a short time as part of a sting operation by the FBI to capture new suspects.^[6] The FBI also passed identities from the Landslide database to the police organizations of other countries, including 7,272 names to the UK.

Operation Ore

In May 2002, Operation Ore was implemented in the UK to investigate and prosecute the Landslide users whose names were provided by the FBI. Police conducting Operation Ore targeted all names on the list for investigation due to the difference in laws in between the US and the UK, which allowed for arrest on a charge of incitement to distribute child pornography based solely on the presence of a name in the database.

In all, 3,744 people were investigated and arrested. The charge of possession of child pornography was used where evidence was found, but the lesser charge of incitement was used in those cases where a user's details were on the Landslide database but no images were found on the suspect's computer or in his home. Because of the number of names on the FBI list, the scale of the investigation in the UK was overwhelming to the police, who appealed to the government for emergency funding for the case. Reportedly, several million pounds were spent in the investigations,^[7] and complaints mounted that other investigations were put at risk because of the diversion of the resources of child protection units into the case.^[8]

Information from the Operation Ore list of names was leaked to the press early in 2003. In January the Daily Mail first led with a story implicating a "legendary British rock star." ^[9] After obtaining the list, the Sunday Times stated that it included the names of a number of prominent individuals, some of which were later published by the press. The Sunday Times reported that the list included at least twenty senior executives, a senior teacher at an exclusive girl's public school, personnel from military bases, GPs, university academics and civil servants, a famous newspaper columnist, a song writer for a legendary pop band, a member of a chart-topping 1980s cult pop group, and an official with the Church of England.^[8] An investigation followed the leak, and police complained that the advance warning would allow suspected paedophiles to dispose of evidence. A police officer was reported to have lost his job for leaking the names.^[10]

Controversies

After 2003 Operation Ore came under closer scrutiny, with police forces in the UK being criticised for their handling of the operation. The most common criticism was that they failed to determine whether or not the owners of credit cards in Landslide's database actually accessed any sites containing child porn, unlike in the US where it was determined in advance whether or not credit card subscribers had purchased child porn. Investigative journalist Duncan Campbell exposed these flaws in a series of articles in 2005 and 2007.^[11][12][13]

It was a serious error that UK police received no information on the scale of the credit card fraud which had occurred within the Landslide business. Many of the charges at the Landslide affiliated sites were made using stolen credit card information, and the police arrested the real owners of the credit cards, not the actual viewers. Plus, thousands of credit card charges were made where there was no access to a site, or access to only a dummy site. When the police finally checked, they found 54,348 occurrences of stolen credit card information in the Landslide database. The British police failed to provide this information to the defendants, and in some cases implied that they had checked and found no evidence of credit card fraud when no such check had been done. Because of the nature of the charges, children were removed from homes immediately. In the two years it took the police to determine that thousands had been falsely accused, over one hundred children had been removed from their homes and denied any unsupervised time with their fathers.^[14] The arrests also led to a number of suicides^[4]

One man was charged when the sole "suspicious" image in his possession was of young-looking — but adult — actress Melissa-Ashley.^[15] Also arrested were Massive Attack's Robert Del Naja (later cleared^[3]) and The Who's guitarist Pete Townshend, who was cautioned by the police after acknowledging a credit card access to the Landslide website. However, Duncan Campbell later stated in PC Pro magazine that their credit card charges and IP addresses were traced through the Landslide site, and both were found to have accessed sites which had nothing to do with child pornography.^[16] The actor and writer Chris Langham was among those convicted.^[17]

Independent investigators later obtained both the database records and video of the Landslide raid. When this information was presented in a UK court, Michael Mead of the United States Postal Service contradicted his US testimony under oath regarding several details relating to the investigation. As a result of the errors exposed in the cases, a number of people arrested in Operation Ore filed a group action law suit in 2006 against the detectives behind Operation Ore, alleging false arrest.^[18]

After Campbell's articles appeared, the independent computer expert Jim Bates who analyzed the hard drives was charged and convicted of four counts of making false statements and one count of perjury regarding his qualifications ^[19] and barred from appearing as an expert witness. Bates's judgement has been called into question on a number of other matters.^[20] Bates was later arrested for possession of indecent images during his Operation Ore investigations.^[21] However, the search of Bates home was ruled as unlawful, as the Police had applied for the search warrant using the wrong section of PACE, and the Police were unable to examine any of the material seized from his house.^[22][23][24]

CEOP and particularly its Chief Executive, Jim Gamble, were accused of using vague terms which do not have a recognised meaning within either child protection or law enforcement when they defended the operation.^[25]

On 6 December 2010, senior Court of Appeal judges rejected the appeal of Anthony O’Shea, stating that they were "entirely confident that the appellant was rightly convicted".^[26] The judgement states in relation to the appellant's assertions regarding the claim that his IP address had been disguised: “These suggestions are fanciful in the extreme. The appellant’s theory (for it is no more than such) that he [Mr O’Shea] was the victim of the machinations of a fraudulent webmaster is, in our view, pure speculation.”^[27][28] Jim Bates, an expert witness and critic of Operation Ore, was criticised for misleading comments during the hearing.^[28] The appeal had been considered to be a landmark case where success could have led to many of the other convictions achieved as a result of Ore being overturned.^[21]

References

1. ^ Arthur, Charles (17 May 2007). "When will we know whether Operation Ore was a success?". The Guardian (London). http://technology.guardian.co.uk/weekly/story/0,,2080778,00.html. Retrieved 20 May 2010. 
2. ^ Laville, Sandra (2 July 2009). "Legal challenge to web child abuse inquiry". The Guardian (London). http://www.guardian.co.uk/uk/2009/jul/02/web-child-abuse-inquiry-challenge. Retrieved 20 May 2010. 
3. ^ ^{a b} "Child Porn Suspects Set to be Cleared in Evidence Shambles^{[dead link]}", Sunday Times 3 July 2005. Retrieved 23 January 2007.
4. ^ ^{a b} Operation Ore exposed | Analysis | Features | PC Pro
5. ^ "Operation Ore exposed", PC Pro magazine. Retrieved 19 June 2006.
6. ^ Yagielowicz, Stephen. "Child Pornography: An Unsolvable Problem?" 10 August 2001. Retrieved 16 January 2010. http://www.xbiz.com/articles/1405
7. ^ "Operation Avalanche: Tracking child porn", BBC News, November 11, 2002. Retrieved June 14, 2006.
8. ^ ^{a b} Cullen, Drew. "Child Porn list leaked to Sunday Times," The Register, 27 January 2003. Retrieved 16 January 2010. http://www.theregister.co.uk/2003/01/27/child_porn_list_leaked/
9. ^ Taylor, Ben. "ROCK STAR BOMBSHELL; Police to quiz British multi-millionaire musician over Internet child porn," Daily Mail, 11 January 2003. Retrieved 16 January 2010. http://www.highbeam.com/doc/1G1-96356755.html
10. ^ O'Hagan, Sean. "Won't get fooled again...," The Guardian, 28 December 2003. Retrieved 16 January 2010. http://www.guardian.co.uk/music/2003/dec/28/childprotection.popandrock
11. ^ Duncan Campbell (2007-04-19). "Operation Ore flawed by fraud". London: The Guardian. http://technology.guardian.co.uk/weekly/story/0,,2059832,00.html. Retrieved 2007-04-23. 
12. ^ Campbell, Duncan (2005-07-01). "Operation Ore exposed". PCPro. http://www.pcpro.co.uk/features/74690/operation-ore-exposed/page3.html. Retrieved 2007-04-23. 
13. ^ Campbell, Duncan (April 2007). "Sex, Lies and the Missing Videotape". PCPro. http://ore-exposed.obu-investigators.com/PC_PRO_Operation_Ore_Exposed_2.html. Retrieved 2007-04-23. 
14. ^ http://www.theregister.co.uk/2007/04/19/operation_ore_fraud/
15. ^ Liam Clarke ‘Child’ porn star backs Army major The Sunday Times May 29, 2005
16. ^ http://ore-exposed.obu-investigators.com/PC%20Pro%20article%20June%202007%20.pdf Campbell, Duncan. "Sex, Lies and the Missing Videotape" PC Pro Magazine, June 2007. Retrieved 27 December 2009.
17. ^ http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/08/02/nlangham202.xml Sapsted, David. "Langham: Caught in Operation Ore's net", Daily Telegraph, 2 August 2007. Retrieved on 2007-08-02
18. ^ Howie, Michael (2006-09-15). "Accused in child porn inquiry to sue police". The Scotsman. http://thescotsman.scotsman.com/index.cfm?id=1362272006. Retrieved 2007-04-23. 
19. ^ Expert sentenced for court claims. Retrieved 30 December 2009.
20. ^ Doward, Jamie (23 March 2008). "How police put their faith in the 'expert' witness who was a fraud". The Guardian (London). http://www.guardian.co.uk/uk/2008/mar/23/ukcrime.law. 
21. ^ ^{a b} http://www.theregister.co.uk/2008/09/17/ore_bates_arrest/ Paedo case expert Jim Bates arrested on child porn charge. Retrieved 30 December 2009.
22. ^ Police chief Colin Port forced to back down in hard drive stand-off http://www.timesonline.co.uk/tol/news/uk/crime/article6512468.ece
23. ^ Bates & Anor v Chief Constable of the Avon and Somerset Police & Anor [2009] EWHC 942 (Admin) (08 May 2009) http://www.bailii.org/ew/cases/EWHC/Admin/2009/942.html
24. ^ O'Neill, Sean. "Police chief Colin Port risks career by refusing to return child abuse data," The Times, 27 May 2009. Retrieved on 16 January 2010. http://business.timesonline.co.uk/tol/business/law/article6368314.ece
25. ^ Arthur, Charles (17 May 2007). "When will we know whether Operation Ore was a success?". The Guardian (London). http://www.guardian.co.uk/technology/2007/may/17/guardianweeklytechnologysection2. Retrieved 20 May 2010. 
26. ^ "Police welcome rejection of child porn conviction appeal". 4 January 2011. http://www.southyorkshiretimes.co.uk/news/police_welcome_rejection_of_child_porn_conviction_appeal_1_2835383. 
27. ^ http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/o-shea-judgment-06122010.pdf
28. ^ ^{a b} Judges reject Operation Ore appeal The Register, 6 December 2010

External links

• Townshend arrested over child porn The Guardian 14 January 2003
• "Operation Avalanche: Tracking child porn", BBC News, 11 November 2002.
• "Operation Ore flawed by fraud" The Guardian 19 April 2007
• Child porn suspects blame fraud BBC 10 May 2007
• They Stole My Life The Sun 3 April 2008
• "Police face £750k bill for false Operation Ore charges" by Christopher WIlliams, The Telegraph, By Christopher WIlliams, 2 Apr 2011