Szczewski Law, LLC

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Get Your "Kik"s

I strongly suspect that practicing criminal defense law makes it impossible for me to read certain news articles with a perspective that could be labelled anything close to "normal." Consider the following fear-mongering:

Soon after Raleigh, North Carolina, police arrested registered sex offender Thomas Paul Keeler II in March last year, they discovered he was an avid user of Kik Messenger, the Canadian communications app billed as the West's alternative to WeChat. He was a member of more than 200 Kik groups with names like "kidsnbabies," all dedicated to trading child abuse material, including images and videos of minors aged between three and 12 "engaged in sexual acts with adults," according to a search warrant obtained by Forbes. In total, Keeler, who is awaiting sentencing after filing a currently-sealed plea agreement, shared and received such content with as many as 300 different individuals over less than a year, the government claimed.

This astonishing level of illegal content might appear unique, but in recent years this kind of activity has become rampant across Kik. A joint Forbes and Point Report investigation has uncovered evidence of a vast number of child exploitation cases involving the use of Kik, where some of the most appalling material is being shared and young girls and boys are being targeted for grooming. Posing as 14-year-old girls, we also discovered just how quickly predators were on the prowl and how third-party apps for sharing profiles appeared to be facilitating access to minors. And we found that Kik hasn't even been deleting the profiles of individuals charged and convicted of child abuse offenses.

I'm not sure who bills Kik "as the West's alternative to WeChat," especially since "WeChat" is the name for the official "western" version of Weibo. Anyway, I suppose the knee-jerk reaction to any article focused on a single app or platform, like this one is, will invariably be "DELETE THIS APP FROM UR PRECIOUS CHILD'S IPHONE NOW!!!!!," much easier advice than the more nuanced concept of paying closer attention to the variety of apps and communications platforms that one's child uses to communicate. Unfortunately, reporter Thomas Fox-Brewster waits until the article's final paragraphs to spread the suspicion around:

Experts say predators are now diversifying, using Kik as just one platform to carry out their crimes. Increasingly, streaming apps such as Facebook Live, Live.me, Twitter's Periscope and newer tools like Musical.ly and Oovoo are being used to contact children for potential grooming. One search warrant detailing a case from Ohio where police said they found one suspect was using a range of those applications and Kik in hunting for underage girls.

"Offenders are using multiple apps simultaneously in the course of their offences, including to speak with the same victim. For example, from Kik, to Facebook, to Skype," added U.S. attorney [Zach] Myers.

It's not just Kik that has plenty of work to do to ensure young web users are safe from abusers.

My reaction to this Forbes article as a criminal defense attorney is colored by my experience with this topic from the other side of the problem. On the rare occasion that I find myself reading about Kik, it tends to be in the police reports of clients accused of soliciting minors. Nothing good happens after [insert time here], and nothing good comes from chatting with strangers on Kik. Though perhaps bad for business, I do appreciate this article suggesting the same:

There's also evidence American investigators are treating Kik like a honeypot. The Canadian company provides a full guide for cops on how to use the app, while feds are running a significant array of fake profiles, even encouraging suspects to communicate with them over Kik rather than other platforms.

In November 2016, District of Columbia Metropolitan Police Department detective Timothy Palchak, acting in an undercover capacity on an unnamed classified ads site, interacted with a user who expressed an interest in incest, looking for a "mother with no limits," according to a criminal complaint. Soon after getting in touch with the suspect, Palchak wrote in internet speak: "Whats your kik dont like discussing on email."

In an earlier case, a separate investigator failed in an attempt to get the target to move over to Kik. A suspect responded to another of Palchak's advertisements in August 2016, to which the officer wrote: "Sweet 30 dad here with daughter. Do you have kik? easier to talk." The suspect replied: "How old is she? I actually don’t. Honestly probably not the safest place to chat. I know a guy its talking to who said it wasn't."

Cops are going to incredible lengths in order to pursue offenders too. Police said in one warrant that in response to a request for an image from a suspect, who believed they were talking to an underage girl, the undercover agent provided a real photo of an unnamed officer assuming the identity of a 14-year-old.

I have three reactions. First, "Whats your kik dont like discussing on email." is not "internet speak." Second, it's cute that Mr. Fox-Brewster considers it "going to incredible lengths" to "provide[] a real photo of an unnamed officer assuming the identity of a 14-year-old." Third, maybe it's not Kik that has a "Huge Child Exploitation Problem," as the article's title indicates. Maybe it's the real world that has the problem, and Kik is merely the newest ghetto to which the problem has been chased.