At least one former page has reportedly offered evidence that Foley sought to solicit sex during instant message exchanges over the Internet.
The "preliminary investigation" appears to be heading towards a full field investigation, according to one official.
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Officials say Foley's extensive knowledge of child exploitation laws may have helped guide him as to how far he could go without violating the law.
Instant messages obtained by ABC News indicated Foley met or arranged to meet young men under the age of 18 who had been pages.
Despite the fact that Foley's attorney has said Foley admits to sending the "totally inappropriate" e-mails and IMs, the FBI has still not seized his computer and hard drive.
"Mark has absolutely agreed on his own and with our counsel not to do anything with any computer, not to delete any messages, not to obliterate or attempt to obliterate any IMs, e-mails, Internet communications," said Roth.
The FBI confirmed today that it has not drawn up a search warrant for the equipment because the investigation is still preliminary, and they are still examining the messages they've obtained so far.