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