Fachhochschule Polizei Brandenburg
Oranienburger Schriften Articles of the University of Applied Science of the Brandenburg Police
Special Edition 2013
From the Content
Sex offenders in the virtual worlds Thomas-Gabriel Rüdiger, M.A.
Cybergrooming in the context of criminal prosecution State Prosecutor Thomas Schulz-Spirohn and District Court Judge Kristina Lobrecht
Dutch police, vision on youth and the internet Solange Jacobsen and Manuel Mulder
Protection of children and young people in the face of the challenges of Web 2.0 Ines Kawgan-Kagan, M.A
Technical approaches for the detection of criminal activities in online environments Prof. Dr.-Ing. habil. Ulrike Lucke
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Table of Contents
5 Editorial Rainer Grieger, President 7 Preface of the Interior Minister of the State of Brandenburg Dr Dietmar Woidke, Interior Minister 9 Sex offenders in the virtual worlds Thomas-Gabriel Rüdiger, M.A.
27 Cybergrooming in the context of criminal prosecution State Prosecutor Thomas Schulz-Spirohn and District Court Judge Kristina Lobrecht
39 Dutch police, vision on youth and the internet Solange Jacobsen and Manuel Mulder 55 Protection of children and young people in the face of the challenges of Web 2.0 Ines Kawgan-Kagan, M.A. 71 Technical approaches for the detection of criminal activities in online environments Prof. Dr.-Ing. habil. Ulrike Lucke 83 Protecting children and minors in the internet: perils of cybergrooming in virtual worlds Position Paper
3 Editorial Editorial
Ladies and Gentlemen,
For a president of a higher education establishment of the police it is always a special joy to be presented with a scientific publication from your own institution. Since the year 2007, the University of Applied Science of the Brandenburg Police (Fachhochschule der Polizei des Landes Brandenburg) has been regularly publishing a German-language research booklet called Oranienburger Schriften. The publication is devoted to phenomena relevant to police work within the context of the booklet’s particular focal points.
Every so often a topic is raised that is of greater and more international significance than can be reflected in a German-language publication. We believe that, from a research perspective, the present edition deals with just such a topic, and one that so far is largely unknown.
With support from our interior minister Dr Dietmar Woidke, we have decided for the first time to publish an edition in English in order to bring the findings about the victimisation of minors by sex offenders in the virtual worlds to the attention of the widest possible audience.
I hope that some readers, having read this publication, will engage in scientific exchange with us. I would be delighted.
Yours,
Rainer Grieger President of the University of Applied Science of the Brandenburg Police
Special Edition 2013 5 Preface of the Interior Minister of the State of Brandenburg
Ladies and Gentlemen,
On 19 September 2012 the interior ministry on behalf of the State of Brandenburg organised a conference in Brussels on the risks of virtual worlds. The conference was designed to make the European Commission, the European Parliament and other bodies interested in this topic aware of the risks inherent in the use of online games (which are also used by sex offenders) for children and young people. I thought that it was expedient to hold this conference because the very essence of the task of policy-makers is to improve things in the face of blatant wrongdoings. The many positive national and international reactions and the feedback from the media we received confirmed my belief that such an event was necessary and beneficial.
I was all the more surprised that until now almost nobody has seriously looked into the dangers inherent in the use of virtual worlds by sex offenders and the accompanying lack of mechanisms in place that protect children and young people. Although for many children and young people online games are a media reality and are for some, depending on their age, more popular than chat rooms, the risks have so far not been examined in depth. We are not talking about whether these games have violent or pornographic contents, we are talking about who plays, interacts and communicates in such worlds, which is something that needs to be looked into. It is therefore necessary to critically review the safety mechanisms of such games that are currently used and place them in an international (European) context. Here, the operators as well as the responsible child and youth protection authorities must be called to task and asked to reconsider their safety precautions. In addition to these technical and policy measures, users and especially their parents have to be made aware of these risks. I believe that this is necessary to allow parents and their children to discuss the responsible use of the internet.
This publication can, on the one hand, contribute to making the internet as safe as possible for minors to use and, on the other, bring about new ideas for security agencies with regard to law enforcement as well as prevention. I hope that this special edition of Oranienburger Schriften will help people become more aware of these risks.
Yours,
Dr Dietmar Woidke Interior Minister of the State of Brandenburg
Special Edition 2013 7 Sex offenders in the virtual worlds
Sex offenders in the virtual worlds
Thomas-Gabriel Rüdiger, M.A.
Abstract
Virtual worlds and online games in particular are played by more and more people every year. In its heyday, the well-known online game World of Warcraft alone attracted 12 million people. In Germany, 16 million people are already playing online games. Virtual worlds bring together people of all ages and gender in playful interaction without them ever knowing exactly who the other players are. A fraction of them use this anonymity and intimate interactive experience to initiate sexual contact with minors. There are two main types of “In online games offenders. The blackmailer type who acts openly and the good-friend type who acts in a where you can conspiratorial way. Both types of offenders take advantage of the specifics of virtual worlds for instance to entice children to commit sexual acts in return for virtual goods. This practice get some bonus is facilitated by youth protection laws that cannot yet accommodate the interactive and points. When a communicative risks associated with such games and by a lack of knowledge of parents child meets and the social institutions about this medium. someone unknown in such 1. Introduction Although these depictions vividly expose the risks of sexual harassment in virtual worlds game and that “In online games where you can get some for minors, so far, this phenomenon has not person offers him bonus points. When a child meets someone yet attracted widespread political or scientific or her buying unknown in such game and that person debate. The present article will therefore those points if offers him or her buying those points if the address this particular online practice of sex child sends him some naked photos.” offenders and expose the problems of the the child sends virtual worlds as a platform for sex offences. him some naked The opening quote of this article is by a In a first step we will describe the social, photos.” 12-year-old boy from the Czech Republic economic and technological mechanisms of and comes from an official report from the the virtual worlds necessary to understand research project “EU Kids Online” the issue as a whole, and link these findings (Livingstone et.al, 2011-1). with basic insights into cyber grooming In only two sentences, the boy vividly processes in a next step. In a final step, describes his experiences with the based on this starting position, we will phenomenon of what is called cyber analyse and identify enabling and limiting grooming when playing online games. factors and formulate initial proposals for These are not the only descriptions of sex better online protection of children and young offenders in virtual worlds from official EU people. reports. In the same report, an 11-year-old boy from Belgium reports: “I was playing a 2. Virtual worlds game with [my friend] online and we bumped into something like sex and it was all over Worldwide, more than two billion people the screen” (ibid.). In a follow-up report from use the internet and couldn’t imagine life the same research project a 15-year-old girl without it (Pingdom, 2012). The internet from Turkey describes her experiences as permeates almost every aspect of human follows: “When I am playing games with my activity and interaction. People use the older sister on the internet, naked people opportunities opened up by the internet in pop up and it is very bad” (Livingstone et. al, many different ways – from online shopping 2011-2). and virtual meetings to doing background
Special Edition 2013 9 Thomas-Gabriel Rüdiger, M.A.
research. A crucial economic and cultural Life, announced that every day 80,000 factor is how it shapes people’s recreational people are online and a total of 32 million habits, which is being more and more avatars (or ‘residents’) have been created affected by the use of social media. This not (Dwell, 2012). A special feature of Second only includes the classic social networks Life is that users can create their own such as Facebook, Xing and Google Plus content (also called ‘user content’) and and video platforms like YouTube and integrate, use and even sell it in this virtual MyVideo, but also so-called virtual worlds. world. One of the consequences of this was that serious violent and sexual acts Virtual worlds are programmed fantasy (for example the so-called Dolcett plays) worlds where a large number of people can have been programmed into Second Life interact with each other (e.g. communicate, by some users and made them act, play, fight, sing, dance). To visualise experienceable for other users (Rüdiger, these interactions, in most virtual worlds 2013-1). In addition to Second Life there users play with interactively controllable are several other versions such as There, images of themselves – the so-called Secret City and the Facebook-based Cloud avatars1. As yet, no scholarly definition of Party. 2D and 3D communities such as ‘virtual worlds’ has become established. Habbo Hotel, Smeet, Freggers and Club What’s truly However, it is commonly associated with Coee may also be counted among the extraordinary the features immersion (an emotional metaverses. The aim of these worlds is to immersion into the environment, generally make the social networks more about virtual through the avatar), persistence (the experienceable especially for minors using worlds is that development of the world independent of interactive graphic interfaces and avatars. millions of people whether the user is online or not) and worldwide consistency (all users are able to perceive Online games on the other hand place a the same things) (Meyfarth, 2007). What’s clear focus on the playful element. This interact and truly extraordinary about virtual worlds is means that users are given goals and tasks communicate that millions of people worldwide interact (in whatever form), which they have to with and through and communicate with and through their perform or reach alone or together with their avatars, avatars, which generates myriads of social others. To make these games attractive to processes every day. Like any other as large a target group as possible, there which generates interaction between people, these are different game concepts and design myriads of social processes can have positive as well as forms. The best known of the online games processes every negative consequences. are probably the massively multiplayer day. online role-playing games (MMORPGS). In Researchers currently divide virtual worlds these games millions of people play together into metaverses and online games. in a medieval-looking fantasy world2 using Metaverses, which are also called life their avatars that can be visually adjusted. simulations, do not (wish to) prescribe a Blizzard, the operator of the most specific goal to the users. Rather (like with commercially and probably critically the classic social networks) social successful MMORPG World of Warcraft, interaction is the focus of the experience. announced at a press conference on 7 One of the most well-known metaverses is October 2010 that the game now has more Second Life, which caused a veritable than twelve million paying users (Blizzard, online hype especially in 2007. The goal of 2010). In connection with the triumph of Second Life is to virtually recreate life in all mobile devices with internet access, so- its complexity (Krebs & Rüdiger, 2010). In called browser and social games have 2012, Linden Labs, the operator of Second become established on the market. These
1 The term “avatar”comes from Sanskrit meaning 2 MMORPGs can have a number of settings, from “a deity on earth” (Erenli 2008, p.4). science fiction and horror to agent scenarios.
10 Special Edition 2013 Sex offenders in the virtual worlds
are usually strategy games where users three mobile phones in Germany was a have to build and look after a country, a city smartphone (Pakalski, 2012). Smartphones or something similar, and there are also do not just have adults as their target group, version where the development of the avatar as much as 63 percent of children now own is the main focus. Social games are games their own mobile, one in five of which is an that are either directly integrated into a social internet-enabled smartphone (YouGov, network (a well-known example is Farmville, 2012). This figure does not include the which is integrated into Facebook) or where number of minors who use the smartphones the concept is based on trying to encourage or tablets of friends and relatives for as many of your own contacts in the social example on the bus or during family networks as possible to play. Almost 15 celebrations to pass the time. The current What’s more, percent of Facebook’s multi-billion dollar popularity of smartphones goes hand in according to a turnover is said to be generated by Zynga hand with increasingly cheaper internet flat representative games, which are based on this concept rate tariffs. Operators of virtual worlds are (Tagesspiegel, 2012). Another important recognising this trend and increasingly study for Germa- genre are online-based multiplayer parts of focus on products that allow users to play ny, in 2012 66 computer and video games. There is games together on mobile devices. This in percent of 6 to currently almost not a single classic disk- turn particularly attracts casual gamers – as 9-year-olds and based game that does not give users the well as children (Bitkom, 2012-1). According option of playing with or against other to one study, in 2012 73 percent of children 75 percent of 10 players online. For many players, this aspect in Germany played games on their mobile to 13-year-olds is now the reason they purchase the game. or smartphone (ibid.). Another European spent their spare Here, so-called first-person shooters (such study found that the majority of today’s time playing as Call of Duty and Battlefield Reihe) are generation of children had their first internet online games particularly popular, as are sports games experience through the medium of online (such as FIFA and PES football games). games (Livingstone et.al, 2011-2, S. 14). (KidsVA, 2012).
The impact that such virtual worlds currently 3. Economic considerations have on the media landscape and on media use is best reflected in the latest user The makers of virtual worlds have one main numbers. In Germany alone, around 24 goal: to sell as many of their products as million people play computer games possible. Traditionally, operators in the past (Bitkom, 2012). Around one in five Germans have relied on a financing concept that (that is a total of approx. 16.5 million people) generates revenue through acquisition play online (BIU, 2012). What’s more, costs and a fixed monthly fee. This basic according to a representative study for fee in particular promised huge profits for Germany, in 2012 66 percent of 6 to 9-year- successful games. In 2010, Blizzard for olds and 75 percent of 10 to 13-year-olds instance generated almost one billion US spent their spare time playing online games dollars with its roughly 12-euro monthly fee (KidsVA, 2012). According to the KIM study for World of Warcraft (PCGames, 2012). 2010 on the other hand, in Germany only The idea behind the monthly fee and the 15 percent of 6 to 9-year-olds and 50 pay-to-play (P2P) financing model is that percent of 10 to 13-year olds regularly use the user regularly pays for playing the chat rooms (KIM, 2010). It is likely that with game, providing the operator with a current technical developments the number predictable income. Sometimes users pay of active computer game players will additional money for virtual items or continue to grow in the coming years. The additional services. growing popularity of smartphones and pads (which are just mobile mini computers) The sale of virtual items in particular has in particular are catalysts for this trend. developed into a highly profitable financing Already in the first quarter of 2012 one in model over the past few years. In advertising,
Special Edition 2013 11 Thomas-Gabriel Rüdiger, M.A.
the model is often described as “free”, which as a reward, so to speak, they are given is where the term “free-to-play (F2P)” comes items of equipment that make them even from. In this model, the playing the game is stronger. Usually, which items are left behind indeed free of charge for the user. Revenue (or dropped) by the defeated monsters is is generated through the sale of items (such based on chance. At the beginning of the as swords, furniture, pets, armour) or special game, during the achievement phase, items additional services. The games are designed are found more frequently and have a value in such a way that the player will be able to that is appropriate to the game level. play the game and gain a sense of However, the longer a player plays the game achievement very quickly, thus being the less frequently strong and powerful In fact, market encouraged to carry on playing. Specifically, items are dropped. Items such as weapons analysts believe an F2P strategic browser game could be and armour, if they are worn, can be seen on structured in such a way that the user has to the avatar. A player’s status, success and that by 2015 build a medieval town and an army. At the especially the amount of time spent playing almost 12 billion beginning building houses and increasing with others is displayed by wearing the US dollars of the number of inhabitants only takes a few relevant items. The longer a player spends turnover will be seconds, and as you play on this can take playing the game, the longer he may take to several days. As a countermove, players are achieve success. Some players (as already generated with given the option of speeding up construction noted) are therefore prepared to buy or virtual game time by paying money. The money is swap such advantages to avoid spending a items (InStat, described using such mystical and customer- lot of time playing the game to get them. In 2011). friendly terms as “magical coins” or “precious many virtual worlds users have the option of crystals”. But the user has to first purchase trading and swapping items and virtual this virtual currency with real money. Usually currency with others and even of giving this can be done with payment methods them away. such as credit card, Paypal or Paysafecard. Many players also use an over-the-phone The industry believes that currently on payment method. The user determines how average only one in ten users is prepared much money he spends on the virtual to spend money on such virtual goods. currency; some games temporarily limit the Among the new generation of players (18 amount and the frequency with which you to 29-year olds) one in five has spent can do that. Then the user is assigned a money on virtual game content (Bitkom, personal multi-digit number and has to call a 2012-2). In Germany in the year 2011 hotline (which usually incurs a charge) or alone, a total turnover of 233 million euros send an SMS to such a hotline. Once the was generated by trading items and buying number has been provided, the money will virtual additional services (BIU, 2011). In be charged to the account holder’s telephone fact, market analysts believe that by 2015 bill3. Buying items in F2P-MMORPG works in almost 12 billion US dollars of turnover will a similar way. With MMORPGs, users be generated with virtual game items become stronger by beating opponents (InStat, 2011). The relatively small number (usually monsters) and solving challenges; of people prepared to pay relative to absolute numbers of users shows that game operators must have an interest in 3 Every so often, with this payment model minors, making accessing the game as attractive without their parents’ knowledge or permission, can run up phone bills to 10,000 euros per month and easy as possible in order to attract as for virtual goods. The majority of parents are sen- many users as possible to it. Registering tenced by the courts to pay their bill, pointing out with virtual worlds is therefore rather easy. that they should have blocked the use of premi- Usually, users enter an email address, as um rate numbers. An exception was a court deci- sion taken in Saarbrücken, where the judge criti- username, a password and occasionally cised, amongst other things, a lack of protection their age. The registering person or their of children and minors in online games (LG Saar- age generally gets verified through a simple brücken, 2011).
12 Special Edition 2013 Sex offenders in the virtual worlds
verification email, if at all. Such a simple to this group. The metaverse Habbo Hotel is and, from a child and youth protection point one example; according to the company’s of view, unsatisfactory registration process own information it has approx. 14 million without any barriers allows users to start a active users and approx. 250 million people game very quickly. For these same reasons access it worldwide (Sulake, 2012). 90 it may also be in the interest of operators percent of users are said to be between the not to come into conflict with regulations ages of 13 and 19 (ibid.). Given that no governing the protection of children and effective age verification system is in place, minors and thus obtaining a low age rating. these figures are in principle questionable This is one of the reasons why many of because people’s actual age is not today’s online games do not contain established during the registration process. pornographic or violent content and instead Although anonymisation in the virtual world focus on colourful games graphics that are is used in a positive way by many people suitable for children. Viewed critically, such (by allowing them to become a different graphics combined with the game being gender or have different character and allegedly “free” can lower parents’ create a virtual identity) (Cole; Griffith 2007), awareness for the inherent risks of the there are people who deliberately obscure Based on internet and also for the existence of the their age and gender to gain the trust of Bullens’ definiti- corresponding payment models. minors with this alleged identity. The aim of such behaviour is to instigate sexual on of ‘grooming‘, Independent of which payment model is interaction with minors – so-called cyber we might define used by the virtual world, at some point the grooming (Rüdiger, 2012). cyber grooming user (especially if they are minors) may no as “the initiating longer have enough money to pursue their The term ‘grooming’ was defined by Dutch of sexual acts passion for the game the way they want to. psychologist Ruud Bullens in 1995 as the In recent years it has been increasingly planning phase that precedes a sexual with minors by debated worldwide, including in Germany, assault on a child by an adult (Bullens, 1995, taking advantage whether the excessive playing of online p.55). Clearly, Bullens’ discussion did not of the anonymity games can lead to addiction or dependence refer to the internet as the platform of this and the commu- amongst users. A number of relevant phenomenon, so that the component ‘cyber’ studies have been carried out, which did not have relevance for him. The term nication options ultimately differ only with regard to the ‘cyber grooming’ was coined by combing the available on the number of people affected, and not the two words. Based on Bullens’ definition of internet as a existence of the phenomenon itself (Pfeiffer ‘grooming‘, we might define cyber grooming preparation stage et al., 2009; Fritz et al., 2011; Rumpf et al., as “the initiating of sexual acts with minors by 2011). taking advantage of the anonymity and the for sexual communication options available on the interaction”. A preliminary conclusion is that virtual internet as a preparation stage for sexual worlds are highly attractive to many people, interaction”. In a British context the name for especially minors, because they give the perpetrator has become established as users opportunities for interaction and “(cyber) groomer” (ibid, S. 92) and in US communication. Conversely, the identity English as “online predator” (Finkelhor et. al., and age of the people who register is not 2008). Finkelhor analysed 6,594 registered verified in most cases. rapes in the USA and concluded that as early as 2008 seven percent of these were initiated 4. Cyber grooming online (ibid.). Studies carried out to date almost entirely discuss actions in typical chat Traditionally, minors are an important target forums without taking into account any group for virtual worlds. One of the graphic environments and interactions with indications for this is that a great many an avatar or a game environment (Choo, games are at least visually targeted directly 2009; Finkelhor et. al., 2008; Ybarra; Mitchell,
Special Edition 2013 13 Thomas-Gabriel Rüdiger, M.A.
2005). In the German-speaking region, it language Habbo Hotel the validity of the was Katzer in 2007 who carried out the first email address is not checked, for example An analysis of study on the victimisation of young people in by sending out verification emails. Once the this survey chat rooms through sexual violence (Katzer, user has registered he will be in a virtual showed that as 2007). Katzer came to the conclusion that hotel room. Habbo Hotel makes money by sexual victimisation of minors (girls in selling virtual furniture, clothing and pets to much as 48 particular) takes place even more frequently its users. The sale of pets (such as ponies, percent of girls than in the psychologically real world cats and rabbits) is particularly targeted at under the age of because of the anonymity granted there minors. Not only pets are paid for using so- 14 have experi- (ibid, p. 79). He also noted that adolescent called Habbo talers (the virtual currency in girls in particular tend to give themselves the Habbo Hotel), pet food also has to be enced unwanted sexually explicit nicknames in chat forums, bought regularly. In the game shop it says sexual communi- which in turn increases the likelihood of them “Pets need food, water and rewards. Here cation online, 26 being victimised. An analysis of this survey you can find everything you need to look percent stated showed that as much as 48 percent of girls after your pets”. In Habbo Hotel users also that they have under the age of 14 have experienced have the option of swapping items or giving unwanted sexual communication online, 26 them away. been asked percent stated that they have been asked about sexual about sexual experiences unprompted, 24 Users in Habbo (and this is similar in most experiences percent were asked to actively describe virtual worlds) come into contact with each unprompted, 24 such experiences, and eleven percent said other in two main ways. In the lobby and that they have been invited to meet someone themed rooms many users and their avatars percent were in person at least once (ibid, p. 88). get together, where they can write to each asked to actively other using the chat function, which is describe such Given the growing number of people with visible to all. If two users want to experiences, and access to the internet, which among minors communicate with each other directly and in Germany is nearly one hundred percent, without anyone else reading along, they eleven percent it seems likely that the victimisation rate can use an internal chat and messaging said that they worldwide has increased rather than function. To do this, users have to connect have been invited dropped. with each other first by sending and to meet someone accepting a friendship request (FR). Users can also retreat to the individual private in person at least 5. Offender typologies hotel rooms, where others users cannot once (ibid, p. 88). Two main typologies of cyber groomers see what they are talking about. During the have been identified to date. The communication the avatars can interact “blackmailer” or “direct” type who acts with each other, such as dance with each relatively openly and the more other, lie in the same bed together or sit at conspiratorial “good friend” type. In this the same table. Sex offenders have a great articles both offender typologies will be number of verbal and non-verbal described mainly using the German- opportunities for contact with potential language Habbo Hotel as an example, but underage victims available to them. also a number of other virtual worlds. The blackmailer type To help understand the actions of both The blackmailer type usually acts in a direct offender typologies, the interaction and and open way when initiating sexual communication in virtual worlds in general contacts. His main intention is to engage in will first be explained. sexually related contact with a minor. As soon as he has achieved this, he can use To register with the Habbo Hotel you need this contact to encourage the victim to to enter a username, create a password create or have someone else create more and enter an email address. In the German- and more media (such as photos and
14 Special Edition 2013 Sex offenders in the virtual worlds
videos) depicting the victim. If the victim no order to get into contact with a minor over longer wishes to participate or terminates Skype, all the offender needs to know is the the contact, the offender responds in person’s username. The offender will try to various ways. In the best case, he will also find out this username in Habbo Hotel or cease contact with that user. In the worst another online game or chat portal, which is case (as in the example of Amanda Todd) why such questions as “which girl with he will threaten to send the photos or videos Skype […]” are common. As soon as the to parents or friends or to publish them on victim has disclosed their Skype name, the the net if the victim does not permit further offender ads it to his own contact list. Here sexual interaction. he benefits from the fact that Skype is set In one such case up such that an incoming video call a 28-year-old In order to initiate such contact with minors automatically shows the caller live – Danish man paid in the first place, offenders use two main whether the user wants to accept the call or methods of initiation. The most obvious one even whether a web cam is connected or boys between the is when the offender specifically searches not. If a video stream is set up, the offender ages of 12 and for victims using the public chat feature. can record the entire video or save 16 with gold for This may look as follows: “Which girl with individual screenshots. Skype also offers World of Warcraft Skype, MSN or ICQ fancies using the the option of data transfer via the integrated cam,?“ (Rüdiger, 2012). Other inquiries at chat feature, which allows images and for sending Habbo Hotel included: “who wants to see a videos to be exchanged relatively easily. naked photos morning wood” or “who wants to see what I This means that the victim could, for and videos have below?”. Even though such questions, instance, quite easily send naked photos depicting the from an adult’s perspective, can be viewed taken by the webcam to the offender. If a as obviously problematic, it cannot be ruled victim does take videos and photos of a boys masturba- out that adolescents respond to such pornographic character, then ultimately this ting (Chalk, question purely out of curiosity. is tantamount to creating and being in 2010). possession of criminal child and youth Another tactic is to offer minors items and pornography. virtual currency in return for sending pictures or using the web cam. Again and The tragic example of 15-year-old Canadian again you encounter inquiries in the public girl Amanda Todd shows how the hotel rooms of Habbo Hotel such as “which blackmailer type then proceeds. At the age girl with a webcam wants to earn 70 – 100 of 12 Amanda Todd was encouraged by talers (approx. 12 euros), please FR” (ibid.). men to bear her breasts in front of a Other cases are known where, for example, webcam. As already described, screenshots underage victims in World of Warcraft were were then taken of Amanda. Subsequently, paid with virtual gold for taking and sending one of the men contacted Amanda through naked pictures of themselves. In one such Facebook and demanded more naked case a 28-year-old Danish man paid boys photos from her and, in case she refused, between the ages of 12 and 16 with gold for threatened to publish the photos already in World of Warcraft for sending naked photos his possession online. Amanda refused and videos depicting the boys masturbating further sexual contact with the offender, (Chalk, 2010). whereupon the offender set up a fake Facebook account, used these photos as In order to make sure that he actually profile pictures and then sent out a group receives these images and photos and email. Amanda then became the victim of perhaps even get the victim to participate in peer bullying and suffered from constant a live video chat, the blackmailer type cyber bullying attacks. It is likely that these generally tries to transfer the communication constant attacks led her to take her own life quickly to an instant messenger such as on 10 October 2012 (Shaw, 2012). The ICQ and especially Skype. For instance, in example of Amanda makes it very clear
Special Edition 2013 15 Thomas-Gabriel Rüdiger, M.A.
how these offenders operate. When looking attempts were identified (Rüdiger, 2013-2). for victims, it benefits the blackmailer type 15 of these attempts were specific requests that in virtual worlds minors give their for sexual acts (such as cam sex) or people avatars names that allow you to guess their asking for Skype or ICQ. For example, this age. Numbers after the name often indicate category included the following statements an age, for example “Sunflower12” (12 made by various avatars: “Which girl years of age) or “Sunflower99” (born in fancies exchanging pictures? Send FR ”, 1999 , therefore 12 years of age). Names “Looking for a boy with a long one for Real such as “Checker15” (boy, 15 years) can Meeting PSL[please] contact me”, “looking also give information about gender. for percverse girl with skyxpe”4 . In addition, Sometimes the nicknames already convey there were five direct attempts to initiate a sexual message such as “hu.ge.co.ck19“ contact with the undercover avatar, two of “Hi srry I will or “sexybitch13” (Breichler et.al, 2009, p.9). which will be presented here. The offender sound a bit silly Many users tend to give their avatars their in this case passively encouraged the but I really need own gender, which makes it easier for the potential victim, rather than actively. In the your help it’s offender (because of the avatar’s gender first one, the following request was made in and the username) to select his victims. the public chat channel: “You are female embarrassingmy and want to earn 140 talers [approx. 20 hand’s really Sometimes offenders start their euros]? offer FR …”. Subsequently hurting”? what do communication by directly asking for the same user wrote to the undercover you mean? I am cybersex (CS). Cybersex stands for a form avatar: “Hi how xold? 13, but almost 14! Do of interactive erotic written communication, you have a xcam? You mean skip? And a wanking off and the intensity of which is most comparable to xwebxcam on the notebook. What should I can’t finish it how verbal erotic contact, such as telephone sex. do? You can earn 140 talers by showing me embarrassing ;((( Users write about their sexual phantasies to something over the xcam! What? Xmore of How should I each other or respond to the comments of you. Have to wait, mum’s here. How long help? Can’t you the other person. This results in intimate for (communication is terminated)”. In the communication that is often pornographic in second case the undercover avatar was watch me? And character. Such conversations can start again contacted by a user: “Hi srry I will how? Well via the quite innocently. In MMORPG, for example, sound a bit silly but I really need your help xxcamxx ?“ initial contact may consist in referring to the it’s embarrassingmy hand’s really hurting”? design of the (usually female) avatar. what do you mean? I am wanking off and Depending on the success of this initiation can’t finish it how embarrassing ;((( How phase, and also on the motivations of the should I help? Can’t you watch me? And how? offender, the conversation is continued and Well via the xxcamxx ? how old? 17 and will can then be transferred to the IRCs. The you help me? But I am younger! How old are offenders rely on minors being more likely to you? 13. Doesn’t matter please help me let’s open up to sexual conversations simply out use the webcamxx please”. The other three of curiosity and because no videos or contact initiations went along similar lines. pictures get transmitted. Within three hours at least five sexual victimisations of minors could have taken A participant-observation study (using a place in the worst case (ibid.). childish cover in online games and children’s chatrooms) found evidence that In a second round on 2 March 2013 offenders act this way. Such a study was between noon and 12:40 p.m. in a lobby of carried out in the German-language Habbo Habbo Hotel, a total of 26 such comments Hotel, for example, on 28 February 2013 from 22 avatars were identified. These between 1 and 4 p.m. The public chatrooms most highly frequented at that time were 4 The deliberate misspellings are (as already men- visited for the purposes of the observation. tioned) designed to avoid the word filtering in A total of 25 relevant communication Habbo Hotel. The article provides a literal rendi- tion.
16 Special Edition 2013 Sex offenders in the virtual worlds
were divided into 18 open inquiries such as: also versatile as an initiation platform. In “I want xcam sexx ;”,”Which girl wants to September 2012, a 25-year-old former watch me ?:) fr ” or “Which girl is police officer in England was sentenced to xperverted? Send FR”. Six more comments three and a half years in prison. The were of a sexual nature and repeats and offender used Habbo Hotel to specifically two were direct requests to the undercover talk to underage boys and get them to avatar regarding continuing the watch sexual acts on their webcam via conversation on skype (ibid)5. What Skype or MSN (Phagura, 2012). attracted attention during the participant- observation was the fact that some users There are countless versions of this type of directly asked others to swap images using offender. Some pretend to be employees of the popular smartphone messenger a youth magazine or a model agency to ask What attracted WhatsApp, for example: “let’sgox on skyipe underage victims for sample photos. or xwhattsapp and send xpictures or habbo attention during sxx?”. For the offender continuing The indirect offender type the participant- communication on the WhatsApp would While the blackmailer type acts in a direct observation was have several advantages. First, to and open way, the second main offender the fact that communicate with this programme, users type tends to be covert and conspiratorial. some users have to swap mobile numbers, which would This type, also described as “indirect” and allow other forms of harassment and ways “buddy” type, initially registers in the virtual directly asked of approaching the victim, and second, via world using false data. Because some of others to swap WhatsApp media files, and therefore also the virtual worlds do not compare registering images using the images that people have created of IP (internet protocol) addresses, they are popular smart- themselves, can be exchanged easily. able to set up and operate several user accounts at the same time. One offender phone messen- Many international examples show how the can thus be represented in different guises ger WhatsApp. blackmailer type operates. In the year 2011, (boy/girl/age/background) in one virtual a 19-year-old man from New York was world. This is also called “multiboxing”. arrested who groomed and sexually abused Sometimes offenders can follow the public a 13-year-old boy via the games console chat to find ways of initiating a conversation Xbox (Fahey, 2011). The offender called his with a potential victim of their choice. The gamer tag (user’s nickname, profile and victim can then use his different avatars success in the game so far visible to other depending on how he wishes to appear to players), which can be seen by all players, his victim. Usually, the offender tries to find “homosexual furry”. The offender here took out the age of the victim to adjust his own advantage of the fact that in millions of age accordingly. Usually the made-up age living rooms and children’s rooms worldwide will be the same or just slightly older. During you find Xboxes and Playstations and these the initiating phase the offender then tries to are used to play online by a great many find an emotional point of entry to the victim. people. The Xbox as well as Playstation This is particularly promising during puberty, both sold 70 million game consoles each in if the offender shows empathy for and 2012 (Leschni, 2012). Both systems also interest in the victim. During this phase the offer the option of contacting fellow players offender will inconspicuously try to find out and, by sending/accepting a friendship about what the victim looks like and about request, getting closer to each other. The any first sexual experiences. Should a systems also offer the opportunity to install transfer to another medium take place to to a Playstation Eye or the Xbox Kinect to continue communication there, the offender allow live video broadcasts. Habbo Hotel is will make sure during the initiation phase that his real age or his real gender (if he changed his gender) is not revealed. On 5 A female avatar and nickname was used as a Skype, for example, he would pretend that cover, indicating a girl aged 13.
Special Edition 2013 17 Thomas-Gabriel Rüdiger, M.A.
his video camera is not working. As soon as 2009 a 42-year-old school teacher from the offender assumes that he has gained England was arrested after grooming a the trust of the victim, he will initiate the so- 14-year-old boy in World of Warcraft called secrecy phase. During this phase he (DailyMail, 2009). In another case in 2011 a will reveal a secret that only the two of them 36-year-old American woman was arrested share, such as his true age or gender. If this after sexually abusing a 13-year-old boy. does not lead the victim break off contact, The offender initiated the sexual abuse the connection with the victim becomes through the chat feature (Xbox-Live) of the stronger and a transition to a physical game console Xbox (Kornhaber, 2011). meeting, for example, is now possible. Overall, it is safe to say that both offender Specific example of such activities are types take advantage of the special features known internationally from a great number of the virtual worlds, such as the option of of virtual worlds. In 2010 a 28-year-old man offering virtual goods as payment, Although police approached an eleven-year-old girl under approaching other players through playful the pretence of being a 12-year-old in the interaction, the games’ graphics and the crime statistics Dutch Habbo Hotel. He started to interact relatively unmonitored way of (PCS) in Germa- with her, connected with her through a communicating. ny found a rise in friendship request and they fitted out a hotel reports of such room together. The two then spent a lot of 6. The scope of the phenomenon time in their hotel room and led a kind of crimes from 934 virtual family life. The offender took No specific scientific review based on in 2011 by almost advantage of the fact that he was much recognised empirical methods of the scope 50 percent to more financially able to purchase virtual of the sexual discrimination of minors in the 1,406 in 2012 furniture. After some time, the offender virtual world, children’s chat rooms and initiated the so-called secrecy phase. game environments has yet taken place. (BMI, 2013). During this phase he revealed his true age No reliable conclusions can yet be drawn and arranged to meet the child in a hotel about the scope of such activities. This is room. Here they engaged in sexual especially true since cases of cyber activities. The offender was convicted grooming (similar to other crimes of abuse) because the mother found text messages are mostly so-called control-related with a sexual content on the child’s mobile offences, i.e. a crime that is rarely reported phone (Middelburg, 2010). by the victim and is mostly brought to light following pro-active investigations by the Another example from the USA became the police. If law enforcement agencies do not subject of intense discussion in 2011. In the attempt to find and convict online offenders MMORPG Runescape, a 54-year-old man themselves, the number of reports and played with a thirteen-year-old girl. It went therefore convictions will remain low. as far as the two of them celebrating a Although police crime statistics (PCS) in virtual wedding in the game. Later victim Germany found a rise in reports of such and offender met in real life and engaged in crimes from 934 in 2011 by almost 50 sexual acts. The offender was convicted percent to 1,406 in 2012 (BMI, 2013)6, because he gave the victim a mobile phone to be able to communicate better. The 6 In the German PCS the relevant entry for crimes mother (who had banned her daughter from in accordance with §176 section 4 no 3 and 4 owning a mobile phone) found the mobile StGB can be found under the crime code and the saved messages containing sexual 131.400. Note that codes 131.200 and 131.300 can contain cyber grooming crimes such as se- references (Parrish, 2011). xual acts in front of a camera (BMI, 2013). Since these codes do not differentiate between classic It has come to note that women are now cyber grooming offences, such as those commit- also amongst the offenders. As early as ted in front of a camera, and offences where of- fender and victim are in the same room, they are
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given that every day millions of children are avatars said that they were sexually active in online games, social networks and harassed. This result is an indication that children’s chat rooms, this number seems the choice of avatar gender could have an relatively low. An approximate estimate of effect on the frequency of victimisation the actual scope, given the above, can only suffered and that users with female avatars be drawn from circumstantial evidence. In and presumably nicknames are approached addition to the court decisions and reports more frequently than mail avatars. At any mentioned in this article, we will in particular rate, it can be noted that almost 70 percent discuss a freely accessible survey of of users of Freggers are underage and as Fregger users, Operation Game Over of much as one in three users report to have the Attorney General of the State of New been sexually harassed. York and the television programme about Habbo Hotel. Another indication for the scope of the phenomenon is supplied by Operation Freggers is a 3D-based social community Game Over, an initiative of the Attorney where users (similar to Habbo Hotel) get General of the State of New York. As part of their own virtual rooms, can furnish them this operation, the contact details of and interact and communicate through their previously convicted and registered sex avatars in public areas and rooms. Freggers offenders only in the State of New York also uses very colourful and quite child- were compared with the registration details friendly designs. Each year, the website in online games and game environments freggers-wiki.de carries out a survey with (NewYorkStateOffice, 2012-1). The reason different focal points among its German- for this operation were several sex crimes language Freggers (Freggers.de) and the that became known in the USA where The result of the English-language equivalent (Freggers. games were used as a starting point first stage of the com). The latest survey was published in (Fahey, 2011). The prosecuting authorities operation in April 2012 and particularly focuses on the gained access to the data records because experiences of users in the chat area of of a New York law requiring previously 2012 was that Freggers (Freggers-Wiki, 2011). convicted sex offenders to reveal personal 3,580 accounts data including provider information and were registered 613 users took part in the above-mentioned email addresses. The prosecuting by sex offenders survey, of which 38 percent were children authorities passed on these email under the age of (236). A further 32 percent addresses to cooperating game companies in the games of were minors between the ages of 14 and 18 such as Microsoft, EA-Games, Blizzard, the cooperating (200). The remaining users were older or Disney, Sony and Apple. The result of the companies and did not indicate their age. What stands out first stage of the operation in April 2012 was were subse- is that 49 percent claimed to be female that 3,580 accounts were registered by sex (303) and only 39 percent said they were offenders in the games of the cooperating quently banned. male (242). Just under 10 percent did not companies and were subsequently banned. indicate their gender. The survey then In a second stage at the end of concentrated mostly on users’ chat December 2012, another 2,100 accounts experiences. The survey differentiate were banned (NewYorkStateOffice, 2012- between whether the experiences were 2). This means that in total 5,680 accounts made with an avatar looking like a female, by sex offenders were found in the male, adult or child. In this context 31 participating games. percent (191) of German-speaking users stated that they have been sexually A number of aspects need to be taken into harassed in Freggers (ibid.). Only 20 account when assessing the operation. For percent (125) of users playing with male example, it cannot be simply assumed that each one of the offenders registered in order to seek sexual interaction with minors. not taken into consideration.
Special Edition 2013 19 Thomas-Gabriel Rüdiger, M.A.
Even among previously convicted sex explicit sexual content and has therefore offenders, the majority is likely to have already been victimised. What’s more, the registered out of interest in the game. contact persons of virtual worlds (game Conversely, only the figures for registered masters or adminstrators) are recruited sex offenders from one state were taken from among the users of the world, into consideration and only for a limited presumably for reasons of cost. And it looks number of games. For example the „game as if the staff serving as first point of contact companies“ BigPoint, Zynga, Sulake, in a case of sexual victimisation has not Gameforge, Riot Games, Turbine and been particularly carefully selected for this Linden Labs were not represented. task, been made aware of the relevant issues or even trained. This is partly due to Another aspect should also be taken into the fact that no officially binding regulations consideration. At the beginning of June are in place. It is all the more perplexing 2012, British channel Channel 4 reported that the German state considers it about the huge number of sexual assaults necessary to penalise cyber grooming by paedophiles in Habbo Hotel (Channel4, according to §176 IV StGB especially in the 2012). As a result of public pressure, case of children (up to 14 years), but at the Sulake, the operator of Habbo Hotel, was same time the German youth protection forced to disable all chat in Habbo system does not have an age rating ‚from (Habbokritik, 2012). The fact alone that 14 years‘. Sulake initially saw no other way of handling the sexual assaults than to no longer allow The issue of age ratings therefore needs any communication is evidence of the sheer further scrutinising. This in particular scale of sexual harassment in Habbo Hotel. applies to the criteria of the entertainment software self-regulation body (USK) in the The main 7. Protection of children and minors German-speaking region and the Pan European Gaming Information System problem both From the point of view of the protection of (PEGI) internationally. The main problem systems have is children and minors, almost all virtual both systems have is that they have not that they have worlds have the same faults. If youth yet managed a paradigm shift towards not yet managed protection mechanisms are in place, they reflecting the risks of communication and interaction of online games. The a paradigm shift are usually based on users specifying their age when registering or report functions organisation USK in particular, which is towards reflec- that are part of the game. For example, a responsible Germany and some of the ting the risks of warning will be displayed to children when Austrian provinces, is by law only communication they want to start communicating with an responsible for games that are provided on and interaction of adult. The age that is used when making data carriers and even then only for the the comparisons is the one that has been question whether these games contain online games. entered voluntarily and unmonitored at the factors that compromise or arrest time of registration. It’s quite obvious that development (mostly violent or pornographic this system can easily be dodged simply by content7). For purely online-based virtual giving the wrong age. Another obvious point games (such as browser and social games, of criticism is that typically the reaction game applications, most life simulations mechanisms of the operators boil down to and MMOPRGS as well as online worlds reacting rather than acting. For example, for children) the USK is not responsible at you often find requests that children and all, so that no official age ratings are applied other users should use the reporting here. Online games that do get an age function or alarm button as soon as they encounter sexual harassment. This means, 7 For a detailed presentation of the German youth however, that in the worst case the child will protection systems and their weaknesses see have already read some more or less the article “Kinder- und Jugendschutz vor den Herausforderungen des Web 2.0”.
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rating from the USK, are, simply put, prevent them. examined as to their pornographic and violent content, which in online games (that Using the reaction of Sulake to the above- often focus on a childish look) is precisely mentioned TV report aired on British not the case. What’s also problematic is Channel 4 as an example, which disclosed that in this situation the operators the serious faults there, the powerlessness themselves assess the age rating for the when it comes to implementing an effective games, in order to obtain a so-called youth protection legislation is to be electronic labelling that’s not visible to emphasised. To obtain a better understanding normal users for an automatic alignment of the issue it is also useful to know that Rather, attention match with youth protection programmes. Habbo Hotel is a kind of franchise, which As a result these online games are often operates various independent language is paid to there approved for children. Another issue are versions under the umbrella of Sulake. It not being any online modes of computer games, which appears that youth protection has content that is specifically provide for communication increasingly been neglected over the years harmful to youth between users. These cannot be taken into (Habbokritik, 2012). For example, foreign consideration by the USK age ratings moderators were used who don’t speak the together with the because there is a lack of legal foundation. site’s language (ibid.). In reaction to these introduction of In practice, the result is that computer events, Sulake promised to improve its the relevant games that are suitable for children such as youth protection measures massively. One reporting Little Big Planet (here in the PSP Vita of these measures was to be a safety quiz features. These version) are approved from 0 years and for the German-language Habbo (five simple only on the back of the package is there a questions that have to be answered), a mechanisms, little note referring to the “network mode 2 certain period during which chat is not however, only 8 – 4”, the online mode that allows you to play enabled (half an hour; this regulation is not serve to report with others. Parents who buy such a game in place in the English-language versions of victimisations in good faith, relying on the USK guidelines, Habbo for example), an improved blacklist of are presumable less aware of its inherent words that are not allowed to be used and already suffered, communication risks. integrating the community more into the not to prevent control process by appointing guards. The them. PEGI takes a different direction here by at only noticeable effects were that the least providing its own information graphic blackmailer types (as already described) for online games based on data carriers. started their sexual interactions in a covert PEGI also offers a kind of voluntary safety way, or that they were banned more quickly certificate, the “PEGI Online Safety Code following a communication attempt and have (POSC)” for online games companies that to reregister. When they used to write meet a particular set of safety guidelines something like “which girl with cam wants (PEGI, 2012). This procedure, however, sex”, following the new safety measures also has faults in its current form. Given they might now write “which girls wants to that the safety certificate is on a voluntary see a MOHA (morning hard-on)”. Another basis, a great number of companies phenomenon that was observed more (including Riot Games, Zynga, BIGPoint) frequently was that the term Skype was no are not taking part. The POSC also contains longer written in one window, but rather the no effective mechanisms to prevent the individual letters were put in separate risks inherent in interaction and communication. Rather, attention is paid to there not being any content that is harmful 8 Habbo Hotel once again abolished this safety mechanism of an enforced waiting time after re- to youth together with the introduction of gistering before being able to contact other users the relevant reporting features. These in February / March, so that creating a new ava- mechanisms, however, only serve to report tar after a ban can be done without a problem. victimisations already suffered, not to This has led to a noticeable increase in sexual communication in the German-language Habbo.
Special Edition 2013 21 Thomas-Gabriel Rüdiger, M.A.
windows; overall it was quite clear what that for a brief flurry of interest in Second Life in was supposed to mean. On the other hand, the years 2007 / 2008) (Krebs & Rüdiger, it can be noted that offenders were 2010). obviously reported and banned earlier in cases of sexual communication than before So far the operators are not legally obligated and that offenders had to change avatars to a sufficient extent to effectively ensure the more often in the context of sexual protection of minors, for example by forcing communication with minors, because their users of children’s games or games that are avatar was removed from the game. This approved for children to give up their was more of an annoying nuisance for the anonymity (such as by using a postal ID offenders rather than a true obstacle. The process). It appears necessary here to offender was able to and still can now easily launch a legislative initiative that should be avoid them by either logging in with a new compulsory specifically for Germany as well avatar or by being represented with several as for the European market, both in order to avatars to begin with through multiboxing. prevent competitive distortion and to provide The true weak points, namely that there is media protection for children and young Until now, online no sensible age and ID verification process people that is as effective as possible. games and in Habbo Hotel, were not addressed by Sulake. The Habbo Hotel community also The lack of political and social attention virtual game sees it this way and describes the measures received by this subject matter is all the environments for taken so far as ineffective (ibid.). more problematic as other entities of social children have not control (including parents and legal been on the 8. Summary guardians) do not always understand or security policy are able to properly contextualise the risks Security agencies and politicians around the associated with virtual worlds because of a agenda, despite world now accept that social networks such lack of knowledge about the media in their huge as Facebook and Google Plus are platforms question. In practice, this means they are popularity among that are of criminological relevance and are not sufficiently aware of the problem, minors and the developing policing measures in the form of which in turn can lead to an increased rate response and prevention programmes of victimisation among minors. The possibilities of (Denef et. al., 2012). Until now, online games government must not ignore this and anonymous and virtual game environments for children should instead act. How this can be done communication have not been on the security policy agenda, is exemplified by the Dutch police in Habbo among users that despite their huge popularity among minors Hotel with their project DigiKids (see article and the possibilities of anonymous “Dutch police, vision on youth and they provide. communication among users that they internet”). This has to become common provide. This is also well reflected in the fact practice, as this is currently the case with that Sulake, the operator of Habbo Hotel, the classic social networks. was admitted by the European Commission at the end of 2011 as a member in the digital Given the rapid increase of the social, coalition of leading technology and media economic and societal significance of companies for the creation of an internet that virtual worlds, a political discussion is safe and friendly for children (Europe, especially about their inherent social 2011). A simple inspection of Habbo Hotel or interaction and communication risks seems an internet search would have revealed at unavoidable. Pilot initiatives, such as the that time the huge number of cases of sexual holding of an event on child and youth harassment that users are and were protection by the Minister of the Interior of exposed to. However, virtual worlds and the State of Brandenburg in September online games in particular are still not 2012, show that a shift in thinking is sufficiently accepted as criminal platforms underway (Woidke, 2012). and therefore ultimately victimisation (except
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Sources and bibliography Chalk, Andy (2010): Gamer Arrested For Using WoW Gold to „Groom“ Underage Blizzard (2010): World of Warcraft Boys. Available online at http://www. subscriber base reaches 12 million escapistmagazine.com/news/ worldwide. Available online at http://eu. view/98088-Gamer-Arrested-For-Using- blizzard.com/en-gb/company/press/ WoW-Gold-to-Groom-Underage-Boys, pressreleases.html?id=2443926 last last checked on 8 February 2013. checked on 7 February 2013. Channel 4 (2012): Should you let your child Breichler, Inge / Knierim, Katja / play in Habbo Hotel? Channel 4. Available Lübbesmeyer, Nina (2009): Chatten ohne online at http://www.channel4.com/news/ Risiko? Sicher kommunizieren in Chat, should-you-let-your-child-play-in-habbo- Messenger und Community. Jugend- hotel, last checked on 8 February 2013. schutz.net, Mainz. Choo, K.(2009). Australian Institute of Bullens, Ruud (1995): Der Grooming- Criminology Online child grooming: a Prozess – oder das Planen des literature review on the misuse of social Missbrauchs. In: Marquardt-Mau, B. networking sites for grooming children for (ed.): Schulische Prävention gegen sexual offences. Available online at http:// sexuelle Kindesmisshandlung. Grund- www.aic.gov.au/ lagen, Rahmenbedingungen, Bausteine, documents/3/C/1/%7B3C162CF7-94B1- Modelle, Munich. 4203-8C57-79F827168DD8%7Drpp103. Federal Ministry of the Interior (BMI) (2013): pdf, last checked on 7 February 2013. police crime statistics 2012, Berlin Cole, Helena / Griffiths, Mark D. (2007): Bundesverband Informationswirtschaft, Social Interactions in Massively Telekommunikation und neue Medien e. Multiplayer Online Role- Playing Gamers. V. (Bitkom-1) (2012): Zahlungsbereitschaft In CyberPsychology & Behavior Volume für Online-Games steigt. Available online 10, Number 4, p. 575 – 583. at http://www.bitkom.org/files/documents/ Daily Mail (2009): Primary school teacher bitkom-presseinfo_online- facing jail for sending lewd texts to gaming_07_11_2012.pdf, last checked schoolboy after grooming him on World on 7 February 2013. of Warcraft. Available online at http:// Bundesverband Informationswirtschaft, www.dailymail.co.uk/news/ Telekommunikation und neue Medien e. article-1115603/Primary-school-teacher- V. (Bitkom-2) (2012): Gaming wird immer facing-jail-sending-lewd-texts-schoolboy- populärer. Available online at http://www. grooming-World-Warcraft.html, last bitkom.org/de/presse/74532_73098. checked on 8 February 2013. aspx, last checked on 8 February 2013. Denef, Sebastian; Kaptein, Nico; Bayerl, Bundesverband Interaktive Unterhaltungs- Petra S.; Ramirez, Leonardo (2012): software e. V. (BIU) (2011): Marktzahlen Best Practice in Police Social Media - Virtuelle Zusatzinhalte. Available online Adaptation. Composite Comparative at http://www.biu-online.de/de/fakten/ Police Studies in the EU. marktzahlen/virtuelle-zusatzinhalte.html, Durkheim, E.(1965). Kriminalität als last checked on 8 February 2013. normales Phänomen. In: Ibid., Die Federal Association of Interactive Regeln der soziologischen Methode. 2nd Entertainment Software (BIU) (2012): edition Neuwied 1965. Reprinted in: Games-Report 2012. Facts and figures Sack, F./König, R. (eds.): Kriminal- about the German games industry. soziologie. 2nd edition Frankfurt 1974, p. Available online at http://www.biu-online. 3-8. de/fileadmin/user_upload/pdf/games_ Dwell (2012): Second Life Statistical report_2012_druck.pdf, last checked on Charts. Available online at http://dwellonit. 8 February 2013. taterunino.net/sl-statistical-charts, last checked on 8 February 2013.
Special Edition 2013 23 Thomas-Gabriel Rüdiger, M.A.
Erenli, K.(2008). Virtuelle Welten – asp?id=212&SKU=IN1004659CM, last Ausgewählte Aspekte des Vertrags- und checked on 8 February 2013. Urheberrechts unter Berücksichtigung Katzer, Catarina (2007): Gefahr aus dem praxisrelevanter Problemstellungen. Netz. Der Internet Chatroom als neuer University of Vienna, University course in Tatort für Bullying und sexuelle information rights and legal information. Viktimisierung von Kindern und Europa (2011): Self regulation: responsible Jugendlichen. PhD thesis, University of stakeholders for a safer Internet. Cologne. Available online at http://ec.europa.eu/ KidsverbraucherAnalyse (KidsVA) 2012 information_society/activities/sip/self_ (2012): Die Markt-Media-Studie für junge reg/index_en.htm, last checked on 8 Zielgruppen im Auftrag des Egmont February 2013. Ehapa Verlages GmbH. Berlin. Fahey, Mike (2011): Self-Professed Furry Kinder+Medien, Computer+Internet Studie Charged With Xbox Live Child Abuse. (KIM) 2010 (2010): Basisuntersuchung Kotaku. Available online at http://www. zum Medienumgang 6- bis 13-Jähriger in kotaku.com.au/2011/04/self-professed- Deutschland. MediaEducation Research furry-charged-with-xbox-live-child- Association Southwest. Available online abuse/, last checked on 8 February 2013. at http://www.mpfs.de/fileadmin/KIM- Finkelhor, David / Mitchell, Kimberly J. / pdf10/KIM2010.pdf, last checked on 28 Wolak, Janis / Ybarra, J. Mitchell (2008): February 2013. Online “Predators” and Their Victims: Kornhaber, Spencer (2011): Lake Forest Myths, Realities, and Implications for Woman Arrested on Suspicion of Sex Prevention and Treatment. In American with 13-Year-Old Boy. LakeforestPatch. Psychologist Vol. 63, p.111 – 128. Available online at http://lakeforest-ca. Freggers-Wiki (2011): Freggers Umfrage patch.com/articles/lake-forest-woman- 2011. Available online at http://www. arrested-on-suspicion-of-sex-with-13- freggers-wiki.de/umfragel/2011_ year-old-boy, last checked on 8 February freggers/, last checked on 8 February 2013. 2013. Krebs, C., Rüdiger, T.G.(2010). Gamecrime Fritz, Jürgen; Lampert, Christian; Schmidt, und Metacrime. Strafrechtlich relevante Jan-Hinrik; Witting, Tanja (2011): Handlungen im Zusammenhang mit Kompetenzen und exzessive Nutzung virtuellen Welten. Frankfurt, M: Verl. für bei Computerspielern: Gefordert, Polizeiwiss. gefördert, gefährdet. Zusammenfassung Leschni (2012): PlayStation 3: Sony der Studie. Hans Bredow Institute. verkündet 70 Millionen verkaufte Hamburg (publication series media Konsolen. Play3.de. Available online at research of the State Institute for Media http://www.play3.de/2012/11/16/ NRW (LfM)). Available online at http:// playstation-3-sony-verkundet-70- www.hans-bredow-institut.de/webfm_ millionen-verkaufte-konsolen/, last send/563, last checked on 8 February checked on 8 February 2013. 2013. Livingstone, Sonka; Haddon, Leslie Görzig HabboKritik (2012): Große Stummschaltung Anke; Olafsson, Kjartan (2011 - 1): Risks ohne Effekt. Da Sulake die Stumm- and safety on the internet. The schaltung langsam wieder aufhebt, perspective of European Children. Key ziehen wir ein Fazit. Available online at findings from the EU Kids Online survey http://habbokritik.de/artikel/2447, last of 9-16 year olds and their parents in 25 checked on 8 February 2013. countries. Available online at http:// InStat. (2011). Virtual Goods in Social www2.lse.ac.uk/media@lse/research/ Networking and Online Gaming. Ed. v. EUKidsOnline/Executive_Summary_ INSTAT. Available online at http://www. Full_Findings.pdf, last checked on 9 instat.com/abstract. February 2013.
24 Special Edition 2013 Sex offenders in the virtual worlds
Livingstone, Sonja; Haddon, Leslie; Görzig, Pakalski, Ingo (2012): Fast jedes dritte Anke (2011 - 2): EU Kids Online aims to Handy in Deutschland ist ein Smartphone. enhance knowledge of the experiences Available online at http://www.golem.de/ and practices of European children and news/mobilfunk-fast-jedes-dritte-handy- parents regarding risky and safer use of in-deutschland-ist-ein- the internet and new online technologies, smartphone-1205-91858.html, last in order to inform the promotion of a safer checked on 8 February 2013. online environment for children. Available Parrish, Kevin (2011): Man, 54, ‚‘Marries‘‘ online at http://www2.lse.ac.uk/media@ Teen in RuneScape, Arrested. Available lse/research/EUKidsOnline/EU%20 online at http://www.tomsguide.com/us/ Kids%20II%20%282009-11%29/ RuneScape-John-W-Phillips-MMORPG- EUKidsOnlineIIReports/Final%20report. Sexual-Assault, news-10069.html, last pdf, last checked on 9 February 2013. checked on 8 February 2013. District court Saarbrücken (LG PcGames (2012): World of Warcraft: 30 Saarbrücken) (2011). Reference no.: 10 Prozent Anteil am Umsatz von Activision- S 60/10 dated 22 June 2011. Blizzard - Ist der Publisher zu abhängig Meyfarth, M. (2007). Zusammenspiel von WoW? Published by PcGames. virtueller und realer Raum Beispiele und Available online at http://www.pcgames. Möglichkeiten. Institute of Electronic de/World-of-Warcraft-PC-16678/News/ Business. Available online at http://www. World-of-Warcraft-30-Prozent-Anteil-am- mr-meyf.de/docs/Zusammenspiel%20 Umsatz-von-Activision- virtueller%20und%20realer%20Raum. Blizzard-1015757/, last checked on 8 pdf, last checked on 10 February 2013. February 2013. Middelburg (2010). Judgement in the courts PEGI (2012): Was ist der POSC. PEGI of the Netherlands. Reference no: Online. Available online at http://www. 2010/12/700056-10 dated 3 November pegionline.eu/de/index/id/37, last 2010. checked on 8 February 2013. New York State Office (2012-1): Attorney Pfeiffer, Christian; Mößle, Thomas; General: „Operation: Game Over“. Kleimann, Matthias; Reh-bein, Florian Purges Thousands Of Sex Offenders (2009): Computerspielabhängigkeit und From Online Video Game Networks. „World of WarcraftWorld of Warcraft“. Press release dated 5 April 2012. New Fünf Thesen zu politischen Folgerungen York. Available online at http://www. aus aktuellen Forschungsbefunden des ag.ny.gov/press-release/ag- KFN. Edited by the Lower Saxony schneidermans-operation-game-over- Criminological Research Institute. purgesthousands-sex-offenders-online- Available online at http://www.kfn.de/ video-game, last checked on 8 February home/WoW_Thesen_zu_politischen_ 2013. Folgerungen.htm, last checked on 8 New York State Office (2012-1): Attorney February 2013. General Schneiderman’s “Operation Phagura, Sabi (2012): Police worker who Game Over” Continues With Thousands coaxed children into performing webcam Of Additional Sex Offenders Purged ‚sex shows‘ is jailed Read more: http:// From Online Gaming Platforms”, press www.dailymail.co.uk/news/ release dated 19 December 2013. New article-2199095/Police-worker-coaxed- York. Available online at http://www. children-performing-webcam-sex-shows- ag.ny.gov/press-release/ag- jailed.html#ixzz2KWqVPipz. Available schneiderman%E2%80%99s- online at http://www.dailymail.co.uk/ %E2%80%9Coperation-game- news/article-2199095/Police-worker- over%E2%80%9D-continues- coaxed-children-performing-webcam- thousands-additional-sex-offenders, last sex-shows-jailed.html#axzz2KWqSbzgL, checked on 8 February 2013 last checked on 28 February 2013.
Special Edition 2013 25 Thomas-Gabriel Rüdiger, M.A.
Pingdom (2012): Internet 2011 in numbers. Tagesspiegel (2012): Zynga-Desaster Available online at http://royal.pingdom. könnte Facebook-Zahlen belasten. Der com/2012/01/17/internet-2011-in- Tagesspiegel. Available online at http:// numbers/, last checked on 18 February www.tagesspiegel.de/wirtschaft/soziale- 2013. netzwerke-zynga-desaster-koennte- Rumpf, H. J., Meyer, C. & John, U. (2011): facebook-zahlen-belasten/6924488.html, Prävalenz der Internetabhängigkeit last checked on 8 February 2013. (PINTA) Bericht an das Bundesministerium Ybarra, Michel / Mitchel, Kimberly (2005): für Gesundheit. Available online at http:// Exposure to Internet Pornography among drogenbeauftragte.de/fileadmin/dateien- Children and Adolescents: In dba/DrogenundSucht/Computerspiele_ CyberPsychology & Behavior Volume 8, Internetsucht/Downloads/PINTA-Bericht- Number 5, p. 473 – 486. Endfassung_280611.pdf , last checked YouGov (2012): Fast jedes zweite Kind on 8 February 2013. unter 10 Jahren besitzt ein eigenes Rüdiger, T.-G.(2012). Cybergrooming in Mobiltelefon. Available online at http:// virtuellen Welten. Neue Chancen für cdn.yougov.com/r/19/2012_07_PM%20 Sexualtäter. In: Deutsche Polizei Kinder%20Handy.pdf, last checked on 8 Ausgabe 02/2012, p. 31–37. February 2013. Rüdiger, T.-G. (2013-1) Gamecrime und Woidke, Dietmar (2012): Woidke fordert Metacrime - Kriminogene Aspekte mehr Schutz für Kinder und Jugendliche virtueller Welten, in: Bigl/Stoppe (eds) vor sexuellen Übergriffen bei Online- ‚Playing with Virtuality‘, Frankfurt: Peter Spielen, Pressemitteilung des Lang, p. 397 – 417. Ministerium des Innern des Landes Rüdiger, T.-G. (2013-2) “Legendierte Brandenburg vom 19.09.2012. Available teilnehmende Beobachtung im online at http://www.internetwache. deutschsprachigen Habbo Hotel am brandenburg.de/sixcms/detail. 28.02.2013 im Zeitraum von 13:00 – php?gsid=land_bb_polizei_ 16:00 Uhr und am 02.03.2013 im internet_01.c.11215104.de, last checked Zeitraum von 12:00 – 12:40 Uhr”, on 8 February 2013. (undercover participant-participation in the German-lkanguage Habbo Hotel on 28 February 2013 between 1 and 4 p.m. About the author and on 2 February 2013 between noon and 12.40 p.m.) tabular assessment Thomas-Gabriel Rüdiger (32), married and using screenshots and video father of two daughters, earned his Master documentation (unpublished). of Arts degree in criminology from the Shaw, Gillian (2012): Amanda Todd: Her University of Hamburg. He is a criminologist story and legacy live on Worldwide, anti- at the Institute for Police Science at the bullying campaigns have been launched University of Applied Science of the following teenager‘s suicide. Available Brandenburg Police, where his main online at http://www.vancouversun.com/ research focus is in the area of risks of news/Amanda+Todd+story+legacy+li interaction in the social media and how the ve/7756533/story.html. police should deal with them. He is currently Sulake (2012). Check in to check it out! working on a PhD at the University of Available online at http://www.sulake. Potsdam, where he participates in an com/Habbo/index.html?navi=2.1, last interdisciplinary project on the sexual checked on 8 February 2013. victimisation of minors in virtual worlds.
26 Special Edition 2013 Cybergrooming in the context of criminal prosecution
Cybergrooming in the context of criminal prosecution
State Prosecutor Thomas Schulz-Spirohn and District Court Judge Kristina Lobrecht
Abstract Cybergrooming, a criminal offence in Germany since 2004, is increasingly coming into the focus of the media and the public debate. Alongside the legal issues of whether online games and chats on the Internet actually satisfy the linguistically obsolete mens rea pursuant to section 176 (4) (3) German Criminal Code (Strafgesetzbuch, StGB), both the behaviour of the victims in reporting offences and the technical and staffing capabilities of the law enforcement agencies pose difficulties in effectively prosecuting this offence. Alongside the comparison of the German offence with the equivalent Austrian criminal law, the article explains the measures through which the actual purpose of the European Directive 2011/92/ EU on “combating the sexual abuse and sexual exploitation of children and child pornography” of 13 December 2011 can be achieved.
1) Introduction1 candidate country Serbia4. Around the world the age of consent ranges from the Around the world Cybergooming, i.e. the targeted approach start of puberty (around 10 years of age in the age of 5 of children and young people on the Internet Yemen) to 18 (in certain US states ). Close consent ranges with the aim of initiating sexual contact, has scrutiny is therefore needed to determine from the start of been punishable in German criminal law the exact age of the victim as the precise since the Act Amending Sexual Offences date of birth of migrants may be questionable puberty (around (Sexualdelikte-Änderungs-Gesetz) dated and German law affords no protection from 10 years of age 27 December 2003 came into force on cybergrooming to people over 14 years of in Yemen) to 18 1 April 2004, at least insofar as such acts age, plus the penal provisions aimed at the (in certain US are aimed at “children” as defined under the protection of young people, which will also German Criminal Code. German legislation be considered, are subject to additional states). considers “children” to be persons under conditions. the age of 14 (section 176 StGB), i.e. persons who at the time of the act had not reached the age of 14. This “age of consent” 2) Offence varies considerably within the European Union. For instance, the age of consent is Since the introduction of the offence the 12 in Malta2, 17 in Ireland3 and 18 in the EU legal basis for combatting this criminal phenomenon in German criminal law has 1 The criminological aspects of the manifestations been section 176 (4) (3) StGB. of cybergrooming have already been specifically described in the article by Mr. Thomas-Gabriel It reads: Rüdiger, so this article will deal solely with the legal dimension with a focus on German criminal law. “Section 176 Child abuse 2 http://www.welt.de/politik/deutschland/artic- le7319676/Vatikan-erlaubt-Sex-mit-Kindern-ab- zwoelf-Jahren.html on the topic of the “age of 4 Travel and safety advice of the German Foreign consent” Office (Auswärtiges Amt) for Serbia
3 Report of the European Commission dated 16 5 Travel and safety advice of the German Foreign November 2007 Office for the USA
Special Edition 2013 27 by State Prosecutor Thomas Schulz-Spirohn and District Court Judge Kristina Lobrecht
[...] The conclusion8 is that the offence is a (4) Whosoever “well-meant, toothless attempt to deal with 3. presents a child with written materials an uncontrollable form of communication” (section 11(3)) to induce him to and that its “character is little more than a engage in sexual activity with or in symbolic threat”, “Cybergrooming is not the presence of the offender or a even punishable in Germany. Protect our third person or allow the offender or children at last”9 through ... is not always a third person to engage in sexual punishable in Germany, i.e. when it is just activity with him,[…] shall be liable to chatting”10 right up to “even socially imprisonment from three months to acceptable conduct is penalised”.11 A five years. particularly common argument is based on (6) The attempt shall be punishable; this the contention that criminalising acts long shall not apply to offences under subsection before an actual breach of the legally (4) Nos 3 and 4 [...] above.” protected right – the right to sexual self- determination and the protection of children This offence, complete with a number of – is a step too far.12 It is also astonishing, so The murderer vague legal concepts and worded in a less the argument continues, that the who buys an axe than contemporary manner, is intended – if preparatory acts for a murder under section does not, or we look at the justification for the law – to 211 StGB are not criminalised, as long as cannot, expect, cover the offence of cybergrooming. they do not lead to the direct commission of the offence.13 However, these arguments that the victim The legislative materials6 refer to a press are unconvincing. The intention of the will agree to the report in the Süddeutsche Zeitung of 1999 legislator to make children the subject of act and will that describes the approach of (American) special protection can be seen in a range of suddenly be Internet users who use chat rooms to laws in which for example homicides are standing there arrange meetings with children with the aim ranked lower, such as the periods before a of sexually abusing them. Section 176 (4) conviction is deemed spent in the Act on before him. (3) StGB is intended to criminalise contact the Central Registry and Educational driven by such motivations. Under the Register (Gesetz über das Zentralregister criminal provisions in force to date, there und das Erziehungsregister, BZRG).14 The has been no way of prosecuting such acts covered by section 176 (4) (3) StGB preparatory acts taking place prior to the are also not comparable with the non- direct initiation of sexual abuse. punishable preparatory acts as defined in section 211 StGB. The murderer who buys an axe does not, or cannot, expect, that the a) Criticism of the offence victim will agree to the act and will suddenly Legal academic literature continues to raise be standing there before him. This is huge objections to the introduction of this offence. Although public debate acknowledges the need to protect children 8 Fischer, StGB, 59th ed., section 176, margin note 15 from the dangers of new media – in 9 Tatort Internet, RTL II particular the Internet – positive opinions in the legal literature on the offence for 10 Hörnle, Leipziger Kommentar zum Strafgesetzbuch, 12th ed., section 176 StGB, prosecuting cybergrooming are few and far margin note 87 with further notes between. Accusations of absurdities, 11 Paraphrasing Perron/Eisele in Schönke/ inconsistencies and nonsensical results are Schröder, StGB, 28th ed., section 176, margin 7 levelled . note 14
12 Hörnle, op.cit.
13 Cf. StrafO 2004, 265, 267 6 Bundestag document 15/350, p. 177 14 Cf. section 46 (3) BZRG in relation to section 46 7 Summarising Hube, Kriminalistik 2/ 2011, p. 73 (4) BZRG
28 Special Edition 2013 Cybergrooming in the context of criminal prosecution
different in the case of cybergrooming. In defined by this Act. Because the attempt many cases the anonymity of the Internet is not a punishable offence, one-off enables the offender to mask his true inducement cannot be punished. intentions and encounter an innocent counterpart who does not recognise the c) Concept of written materials risks or the consequences of his/her acts.15 The inducement of a child must be by way This real risk to children can only be tackled of “written materials”. Influencing a child by by means of protection under the criminal means of a direct personal communication In many cases law that kicks in at a sufficiently early stage or a telephone call is not covered by the and suitable preventative measures. section. As for the concept of written the anonymity of materials section 176 (4) (3) StGB in turn the Internet b) Inducing refers to section 11 StGB, which for its part enables the According to section 176 (4) (3) StGB the contains what is called an equalisation offender to mask prerequisite for the commission of the clause in section 11 (3) StGB. his true intenti- offence is “inducing” children through the presentation of “written materials”. The very Section 11 (III) StGB reads: ons and encoun- determination of when an offender has “[...] Audiovisual media, data storage ter an innocent induced a child in the manner defined by media, illustrations and other depictions counterpart who this Act presents certain difficulties in the shall be equivalent to written material in the does not recogni- absence of case-law from the highest provisions which refer to this subsection.” judicial instance in relation to section 176 It is generally acknowledged that chat se the risks or (4) (3) StGB. Considering the case law of protocols or communications during an the conse- the German Federal Supreme Court online game do not represent written quences of his/ (Bundesgerichtshof) – in fact in respect of a material as defined by section 11 StGB. her acts. different offence, namely the old offence of The question raised in the public debate as human trafficking under section 180 bI to why something written does not amount sentence 2 StGB (now section 232 StGB) to written material can only be explained by – which contained the element of “inducing”, the strict criteria under section 11 StGB. this is understood to be the exertion of a This requires the concept of “written direct psychological influence that is material” to be an embodiment and characterised by a degree of tenacity, such therefore only describes the written word as repeated urging, persuasion, promising, on paper or other transportable material arousing curiosity, use of authority, that can be readily perceived by anyone.18 deception, intimidation and threats.16 This apt definition, which contains a restricting It therefore follows that in the case of and clearly delimited depiction of punishable “cybergrooming” solely the concept of “data conduct to satisfy the principle of legal storage media” can be relevant for certainty, can also be used as a definition establishing the offence. The concept of pursuant to section 176 (4) (3) StGB “data storage media”, which was not according to prevailing opinion.17 inserted into section 11 (3) StGB until 1997,19 is initially understood to mean However, this also shows that a one-off storage media for electronic, electro- inducement of children, which is not magnetic, optical, chemical or other continued for whatever reasons, does not represent punishable inducement as 18 cf. Prof. Dr. Marco Gercke, Aufsatz “Was wirklich strafbar ist-vielleicht” dated 20 October 2010 from “Legal Tribune-Online” 15 Cf. also the article by Rüdiger by way of summa- ry 19 inserted by Art. 4) (1) German Information and Communication Services Act (Informations- und 16 cf. BGHSt 45, 158; BGH NStZ 2000, 86 Kommunikationsdienste-Gesetz, IuKDG) dated 17 cf. NStZ 2011, 455; BGHSt 29, 30; NStZ 1991, 22 July 1997 [BGBL. I 1870]; RegE BT-Drs. 45 13/7385, 35
Special Edition 2013 29 by State Prosecutor Thomas Schulz-Spirohn and District Court Judge Kristina Lobrecht
recording of data, which embody intellectual time transmission, the text is stored at least content.20 According to prevailing opinion, temporarily on the offender’s PC before the this also covers the non-permanent text is sent.24 If the written text can be stored electronic internal memory of computers of and printed out by way of a “screenshot”, it all types and network servers.21 can be embodied and read out in court Communications whose content is stored in proceedings pursuant to 249 et seq. an internal memory for a longer period also German Code of Criminal Procedure fall within the concept of written materials. (Strafprozeßordnung, StPO). Through the Contacts via e-mail therefore satisfy the element of “embodiment” the written word element of the offence of “inducement on the Internet also acquires parity with through written materials”, as do for example regular writing as defined by section 11 contacts via text message. StGB and therefore is in keeping with the intention of the lawmakers. However, what is problematic and controversial is the question of whether However, here we can see that the concept contacts in online games, life simulation of written materials used by the German games, chat rooms or social networks such lawmakers is no longer in keeping with as ICQ, Skype or Facebook fall within the current technical developments and concept of “data storage media”. What therefore ought to be replaced as soon as these have in common is that they are possible. transmitted in real time with just temporary However, here storage in the internal memory. d) Commission of the offence we can see that The offence is committed as soon as the One way of looking at this is that at least child has taken note of the written the concept of temporary storage in the internal memory material(s). It is irrelevant whether the written materials counts.22 In the case of a real-time offender is successful, i.e. the child meets used by the transmission without such an intermediate him. “Inducement” is therefore also given if German lawma- inspection – as in the case of all chats or the child does not react in the way desired online games – there is no inducement by the offender. kers is no longer thorough written materials as only a brief in keeping with storage in the internal memory takes e) Intent issue current technical place.23 In terms of the mens rea, the offender developments needs to intend the result to be sexual acts and therefore This extreme interpretation contradicts both involving the child with or in front of the the legislator’s clear intention to create an offender or a third party a criminal act for ought to be offence to criminalise conduct on the pursuant to section 176 (4) (3) StGB to be replaced as soon Internet that involves inducement through made out. The intention for the child to as possible. the written word, i.e. through the contents engage in sexual acts on his/her own is of thought; and moreover the interpretation therefore insufficient under the wording of strips the offence of any practical benefit. the law, as is the intention of the offender to engage in exhibitionist acts in front of the This is because, even in the case of real- child or to conduct sexually-related conversations via the Internet in later 20 Cf.. Thomas Fischer op. cit., paragraph 11, mar- communications. gin note 36. 21 Cf. BGHSt 47, 55 et seq.; JR 2000, 125; NJW If the offender communicates in the hope of 2000, 1051 finding a child seeking sexual contact of 22 Hörnle, op. cit, BGH NJW 2001,3558, NJW his/her own accord, he is not acting with 2010, 1893, Radtke in Münchener Kommentar zum StGB, 2nd ed. on section 11, margin note 24 Cf.. Renzikowski, Münchener Kommentar zum 147 Strafgesetzbuch, 2nd ed., section 176, margin 23 Radtke op. cit. note 39
30 Special Edition 2013 Cybergrooming in the context of criminal prosecution
the intention of enticing the child to engage f) Conclusion in sexual acts. This is the unanimous In summary, an initial legal review opinion in the academic discourse on has shown that communication-based criminal law.25 cybergrooming has been covered under the criminal law of section 176 (4) (3) StGB In order for an offence to be made out under since 2004 and is punishable, in particular it section 176 (4) (3) StGB, a communication satisfies the provisions of “Directive that outwardly appears harmless is 2011/92/EU of the European Parliament sufficient if the offender intends to entice and of the Council of 13 December 2011 on the child to engage in sexual acts, and the combating the sexual abuse and sexual communication has crossed the threshold exploitation of children and child of tenacity. pornography, and replacing Council This poses a real problem for forensic Framework Decision 2004/68/JHA” dated 4 practice in deciding about corresponding November 2011. We should also consider cybergrooming cases. Unless there is a that the range of sentences of section 176 confession by the offender, evidence of this (4) (3) StGB is considerably wider than the Directive requires (the Directive suggests internal offence can only be adduced Without corre- painstakingly using circumstantial evidence. as maximum penalty of one year), and sponding A skilled defence strategy specifically in Germany introduced this offence before it relation to the issue of intent can prevent a was obliged to do so. embodiments conviction in these cases. Without that can be read corresponding embodiments that can be out in court or read out in court or witnesses (parents or 3) Comparison between the German witnesses other children) who were present at the and Austrian offence time of the communication, the production (parents or other of evidence is thus difficult, but not In sum the aforementioned Directive children) who impossible. According to section 176 (4) (3) produced various new criminal offences in were present at StGB what is termed conditional intent the European countries, whereby their the time of the (Eventualvorsatz) is sufficient to satisfy the formulations are of particular interest. There mens rea requirement, i.e. the offender follows a comparison with the Austrian communication, merely needs to consider it possible that he provision. the production of is communicating with a child. If he evidence is thus communicates with the child nonetheless, Section 208a of the Austrian Criminal difficult, but not he knowingly takes this into account or is Code (Strafgesetzbuch Österreich, Austrian impossible. accepts the possibility and therefore StGB), introduced by the amendment of the satisfies the mens rea requirement.26 This Criminal Code in 2011 and taking effect on prevents convictions from failing if an 1 January 2012, criminalises cybergrooming accused states: “I thought this was all and other preparatory acts. made-up, a role-play, I thought it was actually an adult.” This is because this Section 208a StGB reads: statement can be tested against the “(1) Whosoever, with the intention of established or known facts during the trial. committing a punishable act with an What needs to be assessed here are the under-age person pursuant to sections social networks or virtual worlds on which 201 to 207a (1) line 1 the communication took place, the 1. by way of a telecommunication, accused’s sexual preferences, the social using a computer system or networks or games he plays on. 2. otherwise, concealing his intention, suggests a personal meeting or agrees such with him/her
25 Hörnle, op.cit. margin note 92 and undertakes a concrete preparatory act to go through with the personal 26 Fischer, op. cit. margin note 30
Special Edition 2013 31 by State Prosecutor Thomas Schulz-Spirohn and District Court Judge Kristina Lobrecht
meeting with this person, shall be talk about the topic of sexuality, whereby sentenced to up to two years in their only deceptive act is to fail to state custody. their correct age. It remains to be seen how (2) Under section 1 whosoever, Austrian jurisprudence will ultimately voluntarily and before the authority resolve this issue. (section 151 (3)) learns of his culpability, abandons his attention and The Austrian legislator has correctly discloses his culpability to the included a further element of the actus reus authority, shall not be punished.” in addition to initiating contact, in that it That is doubtless requires a “concrete preparatory act to go to do with the In contrast to the German offence, the through with a personal meeting” with the Austrian legislator has not only criminalised child. However, what remains unclear is fact that the cybergrooming, but any contact, including what a concrete preparatory act is in this offence is not in the real world, for sexual purposes context. In some cases there may not be so known amongst regarding children. Whilst the ministerial many preparatory acts for a meeting. the population draft27 only covered contact via forms of However, it is conceivable for example that telecommunication and computer systems, the offender needs to make his way to the and is therefore the government bill was extended to any meeting, e.g. buy a ticket to travel etc. seldom reported, contact “concealing his intention”. Although However, clarification from case law is as well as with the introduction of this offence met with required to firm this up. the fact that the huge criticism, the obligation to implement victims – children the European Directive and the imperative It remains to be seen what tendencies will to take a clear stand in terms of combatting emerge in both German and Austrian case – do not open up the sexual abuse of children28 ultimately law. Although the offence took effect as to parents or resulted in the law being passed in the form early as 2004, there is still no case law from third parties out described. What should be highlighted the highest judicial instance. That is of shame or positively as compared to the German doubtless to do with the fact that the offence offence is the fact that the aforementioned is not known amongst the population and is other reasons; it problem of the “concept of written material” therefore seldom reported, as well as with may even be the is solved by the blanket “use of a computer the fact that the victims – children – do not case that they system”. This formulation is contemporary open up to parents or third parties out of consider such and forward-looking, and it also covers shame or other reasons; it may even be the further technical developments that may no case that they consider such conversations conversations to longer be subsumed under the German to be normal on the Internet. Typically be normal on the “concept of written materials”, but can be incidents are only reported if the parents or Internet. under the Austrian concept of the “computer third parties happen to follow the system”. communication or if such a meeting actually takes place and comes to the attention of However, the Austrian offence also contains the parents, for example. a lacuna. The offender who as an adult only conceals his age but not his intention is not These issues relating to reporting behaviour covered by the offence. Yet the actual can be applied to Austria in equal measure. manifestations of cybergrooming29 also Up to October 2012 only five criminal trials involve offenders who exploit the sexual had been recorded since the introduction of curiosity of pubescent children and openly the offence.30
27 Cf. KU Aktuelle Kriminalpolitik 4. Einheit on sec- tion 208a StGB-Österreich
28 KU Aktuelle Kriminalpolitik 4. Einheit on section 208a StGB-Österreich, p. 5 30 Kleine Zeitung Österreich, article dated 20 Octo- 29 Cf. also Rüdiger for further information ber 2012
32 Special Edition 2013 Cybergrooming in the context of criminal prosecution
4) Problems of statistical recording in jail for child abduction. In the reasoning the judge stated that “when chatting the In Germany is difficult, if not impossible, to 53-year-old was solely thinking of getting present the actual statistical scope or the young girls into bed”. To do so he pretended statistical development of cybergrooming to be younger than he is and with “great crimes. This is because the police’s criminal cunning” pretended to be the girl’s “lover statistics (at national and regional level) who idolised her”. It used to be bad uncles With the inten- only record cybergrooming along with the who enticed children into their car with sifying discus- showing of pornographic images to sweets, today it is the Internet that is children. It is true that the crime often increasingly the starting point for such sion in the press, occurs in conjunction with the showing or serious offences, sadly including sexual as well as the even the creation of pornographic images. ones. The unemployed man, who spent general pheno- There are no notable trends within the several hours a day in front of the PC, menon of recorded statistics over recent years, worked with “incredible imagination, almost cybercrime, and which, however, says nothing about the unsurpassable tenacity and unbelievable shifting incidence of the crimes. The audacity”. He set up various chat nicknames increasing distribution statistics from the national such as “CuddlyBear” or “NiceGuy” and preventative work government only cover the sexual abuse of decorated his Internet profile with hearts or in schools, a sen- children in all legal variants. However, here flowers. When the 14-year-old girl told him sitisation of the too no significant increases or decreases she was having trouble with her parents, he can be identified over recent years, which convinced her to move in with him and population in means that no conclusions about the picked her up in his car.”31 schools and development of cybergrooming can be increased drawn. What needs to be taken into account b) Berlin State Bureau of Criminal reporting rates is that cybergrooming under section 176 (4) Investigation (3) StGB, if it is followed by sexual acts When surveyed, the five precincts of the can be anticipa- arising from it, is subsumed by the offence State Bureau of Criminal Investigation of ted in future. of section 176 (1) StGB and therefore takes the federal state of Berlin that deal with sex a back seat. Initiation is therefore certainly crimes estimated that there are some 20 of interest as a prior incident – the trials per year in which the allegation of background to the crime – and is often lost cybergrooming is tried. However, no sight of in the police and judicial process. conclusions about the actual dangers that To date corresponding convictions have cybergrooming poses for children could be been included neither in the commentaries drawn. The offence of cybergrooming, or text books on criminal law nor in the which has only been in force for nine years, “Juris” German law database. is not yet as deeply embedded in the general legal awareness as other offences, a) Regional Court of Koblenz some of which date back to the Ten The only press report, from December Commandments of the Old Testament. 2008, relates to a rape trial at the Regional With the intensifying discussion in the Court of Koblenz. There a 53-year-old man press, as well as the general phenomenon had persuaded a 14-year-old girl in an of cybercrime, and increasing preventative Internet chat room to meet him at Lake work in schools, a sensitisation of the Constance without her parents’ permission. population in schools and increased The 14-year-old girl did in fact travel to the reporting rates can be anticipated in future. agreed meeting point, where sexual acts However, there is currently another practical took place, although it cannot be ruled out that these took place voluntarily. The 31 Stern.de, article “Eingeschleimt, angemacht, Regional Court of Koblenz acquitted the verurteilt” http://www.stern.de/digital/online/ur- accused of the allegation of rape, but did teil-zum-cyber-grooming-eingeschleimt-ange- sentence him to one year and nine months macht-verurteilt-649925.html dated 22 Decem- ber 2008
Special Edition 2013 33 by State Prosecutor Thomas Schulz-Spirohn and District Court Judge Kristina Lobrecht
problem for the law enforcement agencies protected rights cannot be breached by the – cybergrooming is not even recognised. attempted initiation. For example, a child tells a technically highly unlikely to nonsensical story about However, the question arises as to whether “downloading” and altering his/her photos cybergrooming should not be extended to from his/her Facebook account and sending the offences under section184 b – “Child such files to third parties. It quickly turns out pornography” – and 184 c StGB – “Juvenile that this could not possibly have occurred. pornography”. In many cases the offender But something like that! The child was is not merely concerned with meeting the ashamed to tell the truth – that he/she was child, but they have the child or juvenile persuaded, and blackmailed, by a stranger create pornographic images.34 The into posing for photographs of child or behaviour that the offender equally juvenile pornography. In practice such tenaciously encourages in this context information from a child will prematurely makes out an offence, if it is successful, he child was cause the police to issue a transfer decree (section 184 b and c StGB) and can have a ashamed to tell to the State Prosecutor’s Office with the significant influence on the psychological the truth – that closing sentence “No offence”. Only on a development of a child or juvenile (cf. the close review by sensitised investigators is case of Amanda Todd). he/she was such a case also worthy of proper persuaded, and investigation. What causes significant difficulties in blackmailed, by a practice are cases in which the age stranger into difference between the protected person posing for 5) Criminal law and/or political and the “alleged” offender of the sexual consequences? abuse or cybergrooming is small and it photographs of appears clear to all involved that this is a child or juvenile a. Do we need statutory amendments to “normal” sexual relationship amongst pornography. the German criminal law? minors. However, if the sexual acts take The offence of cybergrooming in Germany place between a person over 14 and one pursuant to section 176 (VI) StGB penalises under 14, the offence under section 176 the corresponding conduct very widely prior StGB is made out. Both Switzerland35 and to the violation of the legally protected right. Austria36 have therefore introduced what is The offence is already made out when a known as an age-tolerance clause. child merely takes note of the initiation.32 Accordingly, sexual acts involving persons A further extension of the offence that under 16 (age of consent in Switzerland) criminalises the attempt, which to date are not punishable if the age gap between has been expressly ruled out, fails to the participants is no more than three years. understand the actual issues and would Further, in Austria a distinction is drawn have no practical scope of application. The between sexual acts that involve sexual motivation of the offender alone cannot and intercourse and those that do not. Under must not be prosecuted unless there section 207 (4) Austrian StGB sexual acts are physical consequences. Pure thought not involving sexual intercourse are not crime has no truck in our legal punishable if the age gap is no more than understanding.33 This is also not necessary four years and the younger person is no in the context of the protective purpose of younger than 12 years old. Under section the rule because by definition the legally 206 (4) Austrian StGB sexual acts involving sexual intercourse are not punishable if the 32 Fischer, op. cit. margin note 31 younger person is at least 13 years old and
33 Jürgen Rath: Gesinnungsstrafrecht - Zur Kritik der Destruktion des Kriminalunrechtsbegriffs in 34 Cf. contribution by Rüdiger der Rechtsprechung des Bundesgerichtshofs. 35 Art. 187 (2) Swiss StGB Hamburg 2002, see also Prof. Dr. Marco Gehrke op. cit. 36 Sections 206 (4), 207 (4) Austrian StGB
34 Special Edition 2013 Cybergrooming in the context of criminal prosecution
the partner is no more than three years to consent to sexual acts. The age of older. Both legal wordings, which consent in many countries depends on acknowledge the sexual development of various factors, such as gender, cultural young people, are options both for understanding etc. In German criminal law demarcating sexual abuse as well as there is no uniform age of consent, but cybergrooming in German criminal law. instead there are different age limits for different offences. For example, section b. Do we need stricter/longer sentences? 182 StGB stipulates that sexual acts with A connection between the length of persons under 18 are punishable under sentence and prevention has not been certain circumstances specified there; proven in criminological research and is under section 174 StGB sexual acts with generally discounted.37 The statutory range juveniles may also be punishable if they of sentences under section 176 (4) (3) have an educational, training or care StGB already exceeds the sentences in the relationship to the offender. The limit of the Directive of the EU Council and Parliament age of consent, here 14 years of age dated 4 November 2011 (of which Art. 6 pursuant to section 176 (4) (3) StGB deals with grooming). That demands a contains the statement by the German maximum sentence of at least one year. legislator that persons of this age and The German Criminal Code sets the longest above are psychologically and physically sentence at five years; in Austria it is just capable of freely deciding over the issue of A connection two years. When selecting the their sexuality. This statement implies – as between the corresponding range of sentences, the in many areas of criminal law – a voluntative length of sen- legislator is also required to recognise the and a cognitive element (cf. section 16 tence and significance of the offence within the range StGB). If we approach the issue (higher of crimes, and also the ranges of sentences age of consent) for the offence of prevention has for individual crimes must be proportionately cybergrooming from this perspective, we not been proven balanced within the criminal code. Thus, need to assess whether we trust young in criminological sexual abuse of children without physical people of 14 and above to identify risks on research and is contact – as for instance in section 176 (4) the Internet, to evaluate them correctly and (3) StGB – must continue to attract lower accordingly to take a responsible decision generally sentences than that with physical contact – to protect their own sexual self- discounted. as for example in section 176 (1) StGB. In determination. In fact, we need to trust our the cross-Europe comparison, Germany children to do so at that age. At the age of has high sentences and overall a 12 to 14 almost all children are at comparatively high prosecution rate. As for secondary school, they can go to school the question of whether longer sentences on their own, ride a bike etc. The list of are needed, we should not ignore the fact what we already trust our children to do at that many European countries impose long that age could be extended further. The sentences, but start to release the convicts voluntative element therefore poses no early on, whereas in Germany release after problem in society. Although no one would half of the sentence is rare and release let a child ride a bike if they did not know after two thirds of the sentence is not how to do so, many children of this age still considered in all cases. lack the necessary media competence. The purely technical handling of the c. Do we need different/higher ages of Internet, computers etc. can be learnt consent? quickly and in many school is part of the The age of consent refers to the age from syllabus from year 2 onwards, yet the which a person is legally considered able specific risks and options for tackling these risks are not frequently communicated.
37 In place of the above: Eisenberg, Kriminologie, 6th ed. section 15
Special Edition 2013 35 by State Prosecutor Thomas Schulz-Spirohn and District Court Judge Kristina Lobrecht
d. The case of Amanda Todd sections 201 et seq. StGB, offences against Whilst this essay was being written, the personal freedom under sections 232 et media are reporting extensively about the seq. StGB – in particular section 238 StGB case of the Canadian girl Amanda Todd. (stalking) – and the violation of one’s right Amanda took her own life on 10 October to one’s own image pursuant to section 22 2012 at the age of 15 after years of et seq. KunstUrhG. Further, crimes such as harassment, derision and denigration via the procurement of child and juvenile the Internet. In year seven she began to pornography pursuant to section 184b and make new contacts with friends, including c StGB may apply. From a legal via the Internet. One day a cam-chat partner perspective the convinced her to show her breasts. Amanda The German offences are on the whole blithely submitted to the urging of her well-suited to preventing attacks on these case of Amanda supposed friend. This individual contacted legally protected rights. At the point at which Todd, with the her again and blackmailed her with naked the respective laws were passed,38 creation of the images of her that he had produced using however, the intensity of the attacks was screenshots, screenshots of the chat. When Amanda substantially lower than is afforded today by failed to respond, the man sent the images new media – for example an insult could satisfies neither to her friends and acquaintances. Amanda only reach a small number of people. the offence of became depressed and fell out with the Nowadays the Internet means that insults cybergrooming people around her. She changed school can reach millions of users. The possibility nor of the several times and attempted suicide for the of being able to anonymously vilify, ridicule first time. In 2012 she finally took her own and massively pressurise the victims creation or life. means that the damage to legally protected distribution of rights has increased substantially. The written materials From a legal perspective the case of offences are no longer in line with this containing juveni- Amanda Todd, with the creation of the development. Notwithstanding the le pornography. screenshots, satisfies neither the offence of fundamental objection that it is not often cybergrooming nor of the creation or reasonable to use a tragic case to close – distribution of written materials containing apparent – lacunae, offences such as juvenile pornography. At best a punishable insults committed via the Internet can only act under section 33 German Act on be punished appropriately – given their Copyright in Works of Art and Photography extended sphere of impact – if either a (Gesetz betreffend das Urheberrecht an particularly severe case is inserted or the Werken der bildenden Künste und der range of sentences is qualified – such as Photographie, KunstUrhG), which relates for example for the defamation of people in to denigration and derision, could be made political life pursuant to section 188 (2) out, although there is no further information StGB. in this regard, or perhaps an insult under section 185 StGB. It is also doubtful that the e. Other protective measures offence of negligent manslaughter pursuant Alongside the specified statutory to section 222 StGB is made out. The amendments, effective counteraction is umbrella term for this “offence” is ultimately also a challenge for society as a cyberbullying. whole. Here both the legislature and the executive need to make sure that the In German law there is no specific offence protective umbrella of the criminal law can of cyberbullying, although individual acts also be actually opened up. However, this may represent criminal offences. What can only be done effectively if the police primarily comes into question are the insult and state prosecutors are given the offences pursuant to sections 185 et seq.
StGB, offences violating privacy under 38 Section 201 StGB e.g. 1967, section 185 StGB in essence as in RGStGB
36 Special Edition 2013 Cybergrooming in the context of criminal prosecution
staffing and technical resources to apply the Internet. They need to be educated the legal provisions and it is ensured that about the risks and operation of publications However, officers have corresponding technical on the Internet, which should take place at corresponding media competence. a time when they are beginning to use the technical Internet. This can, and increasingly will, Even when prosecuting the possession and take place in the first few years of school. measures, such distribution of child pornography, the police Preventative programmes at schools41 as the recording come up against limits in terms of their make sense, but educating the parents of contact details sometimes obsolete staffing and technical must also play a key part. Only if parents when key words capabilities given the constantly increasing know what their children are doing on the storage capacities (“big data”) and new Internet can they influence it. are mentioned in storage possibilities (“cloud”). However, in online children’s the case of cybergrooming too, PCs, games, need to laptops and other data storage media need be tested and to be confiscated and evaluated. Depending About the authors: discussed. on whether there is an actual suspicion of abuse or “just” the suspicion of the Thomas Schulz-Spirohn is a state possession and distribution of child prosecutor in Berlin and the father of two pornography, as well as on the quantities of children. He studied law at the Free data that need to be viewed, these University of Berlin between 1983-1989. evaluations usually take the Berlin police On completing his practical training he between two weeks and up to three years. worked as a research assistant at the It is also vital for the prosecution of German Federal Public Prosecutor cybergrooming to adapt the procedural (Bundesanwaltschaft) and then as a state instruments available to the police and prosecutor in Berlin in various general and state prosecutors to the criminalistic, specialist departments. Since 2002 he has criminological and technical realities. worked in the department for sexual Without the introduction of constitutionally offences and publications that glorify sound minimum data storage39 demanded violence, are pornographic and are harmful under European law (also known as to young people. retention of data), cybergrooming and related serious sexual offences will in many cases not be able to be investigated and Kristina Lobrecht, mother of two children, punished – and consequently they will not studied law at the Free University of Berlin be preventable. If the requisite procedural specialising in criminology and the instruments are not made available, philosophy of law. After one-and-a-half sentencing provisions will be exclusively years of practical professional experience symbolic. However, corresponding in the area of compulsory enforcement and technical measures, such as the recording the handling of special tasks associated of contact details when key words are with German reunification, she completed mentioned in online children’s games, need her practical training specialising in criminal to be tested and discussed.40 law in Berlin and took her second state examinations. She has been a District As well as supporting the law enforcement Court judge since 2011 where she agencies in staffing and technical terms, specialises in narcotics law. She is also an educational work at schools plays a key advisor to the training and education role. Children should not be expected department at the Upper Regional Court. simply to know how to use a computer and
39 Cf. Directive 2006/24/EG dated 15 March 2006 41 E.g. in the district of Teltow-Fläming (Branden- 40 See also the article by Prof. Dr. Lucke. burg)
Special Edition 2013 37 Dutch police, vision on youth and the internet
Dutch police, vision on youth and the internet
Solange Jacobsen and Manuel Mulder
Abstract The Dutch police has chosen to be actively in contact with young people on the internet. The underlying belief is that, for the police Youth task (prevention, signaling, advise and repression) to perform optimally, it is of crucial importance to be present in the virtual world. It is the only way to be in intensive contact with them, find out what they are doing and be there for them if they need the police. There is a website for youngsters at www.vraaghetdepolitie.nl, twitter is used frequently, an awareness game (at www.kenjevrienden.nu) has been developed, and there is even a police officer in the virtual Habbo hotel with its own police station. There is a toolbox for police officers providing assistance and case studies on how to deal with youth (problems) and the internet. The how and why are explained by Solange Jacobsen and Manuel Mulder in this article. They sketch the current context, including the many forms of internet use and abuse, that young people face these days.
1. Digitization of society that mobile internet use is increasing. The number of internet users in the Netherlands 1.1. Media use in the Netherlands in 2012 was 12.4 million, which equals 96% of all 12 to 75-year-olds. Six out of ten Recent research1 indicates that 94% of internet users use mobile devices. This is a households in the Netherlands have a fixed threefold increase compared to 2007. internet connection. The Netherlands is the Especially among young people, the use of leader in Europe, followed by Denmark, mobile internet has increased. In 2007, 21% Sweden and Luxembourg (all 92%). In of young people aged 12 to 25 were online Europe the average is 76%. Four years ago with their mobile device. In 2012, this has 86% of Dutch households had internet grown to a staggering 86%. access. They do not only Growth of mobile devices Almost 60% of Europeans use the internet The rise of the smartphone and tablet use mobiles daily. More than seven out of ten people go especially has led to an increase in mobile devices while out online at least once a week. The penetration internet use. Users maintain their contacts and about, but of fixed internet connections is stagnating. this way. Nearly three-quarters of them use also at home Mobile internet on the other hand is growing email and almost two-thirds participate in exponentially. A third of Europeans between social networks such as Hyves, Facebook even when a the ages 16 and 74 makes use of mobile and Twitter. Reading news and newspapers fixed internet internet. The rate among young people (62%) and playing games and listening to connection is aged 16 to 24 is much higher: 58%. music (58%) are favorite pursuits, too. They available. do not only use mobiles devices while out Mobile internet growth and about, but also at home even when a Recent research2 conducted by the CBS fixed internet connection is available. (Dutch Central Statistical Office) also shows Four out of ten internet users do not use mobile equipment. Nearly three quarters of 1 Eurostat ‚Statistics in Focus ‚, week 50/2012 them (73%) indicate no need for internet 2 CBS, Statline, ICT use of households and per- outside home or work. High cost is sons, October 2012
Special Edition 2013 39 Solange Jacobsen and Manuel Mulder
mentioned in 16% of the cases as a reason contact with whomever they want, gather not to go online with a mobile device. and share information, and have fun with all conceivable forms of entertainment. Popularity of social media Previous research of the CBS zoomed in EU Kids Online Research3 shows that 93% on the use of media. It showed that more of 9-16-year-olds go online at least once a than half (53%) of internet users in 2011 week and 60% do it (almost) daily. Age is a were active on social networks such as strong determining factor; the older, the Young people Hyves, Facebook and Twitter. Especially more intensive. Of the 9 to 10-year-olds young people up to 25 use it a lot (88%). In who use the internet, 30% are online daily. are growing up addition, one in five internet users is active Of all 15-16-year-old internet users the with “2.0” and on the business networking site LinkedIn. figure is 80%. The average age at which find it obvious children start actively using the internet for that they can 1.2. Digital youth culture the first time is seven years. influence In recent years various national and The transition from primary education to websites international studies have looked into the secondary education seems a natural time themselves by use of media by young people from a great for children to get their own mobile phone. posting content, number of angles. How many young people The table below from the study "Hey, what‘s 4 responding to are online? How often? What do they do app?" about the possession and use of cell when they are? How do they do that? What phones shows that 75% of all 9-11-year- content, recei- influence has media use on their olds have their own phone. From 12 years, ving responses, development? What influence has media this figure rises to 98%. making contacts use on school performance? with friends, The common denominator in all research is ‘friends of very clear: media plays an ever increasing friends’ and role in the daily lives of children and young strangers. people. There is more to conclude from these studies: the average age at which young people go online is dropping; the frequency and intensity of media Source: Mijn Kind Online "Hey, what’s app?" use is increasing; there are more risks online than young Decide "what, when and how" people think; Young people are growing up with “2.0” young people are less media-savvy and find it obvious that they can influence than adults. websites themselves by posting content, responding to content, receiving responses, 1.2.1. Growing up and developing with making contacts with friends, ‘friends of media friends’ and strangers. Hidden behind vague profile pictures or avatars they Young people today grow up with an overkill exercise social skills, push their limits, of media and are more “connected” than build self-confidence and experience what ever. They spend more time on the internet than watching television and they are 3 Haddon, Leslie and Livingstone, Sonia (2012) constantly connected to their networks. EU Kids Online: national perspectives.EU Kids Moreover, watching television is done Online, The London School of Economics and through the internet at a time that suits Political Science, London, UK. Version available at: http://eprints.lse.ac.uk/46878/ them! With their smartphones they can, at any time and from any location, be in 4 Foundation my child Online, Hey, what‘s app?, March 2012
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suits them and what not. Young people nowadays for a large part online. Contact discover their own identity this way. Quick with classmates is not limited to the interaction is pivotal and young people schoolyard or school hours. Via social want to decide how and when they do media and what's app they are connected something; using What’s app, making 24/7, to the great frustration of teachers calls, chat or write online messages via and other adults. They worry about this Facebook and Twitter. Sometimes they do 'face-down generation' who only seem to it using the home computer, at other times, have an eye for smartphones or tablets and such as on the train, by using their mobile are distracted from homework and 'real' phone. They leave environments very contacts. quickly that do not comply with their needs. They don’t want to wait long for replies or Nevertheless, this generation is not actually responses. any different to their parents. They have the same need for connection and they adapt Being creative with language to belong to a group. The significant As a way of communicating, young people difference, however, is that schoolyard have created their own new forms of dynamics does not stop anymore. Not language. MSN language (or chat language) participating is not a real option. If you don't and sms language are the best known. participate, you are no longer a member of Chatting speed is essential here. The use of the group. Do you want to stand alone in emoticons () and the use of numerals the schoolyard? instead of letters (w8 instead of wait) have In chat sessions, their origin here. Abbreviations such as BFF When it comes to finding their own identity, whether or not ("Best Friends Forever"), and YOLO ("You young people today have exactly the same you use a Only Live Once") are widely used. questions as their parents had: 'who am I?', 'who do I want to be?', 'what suits me?' webcam, you can Go online or being online? and 'what doesn’t?'. And they also find the practice your Many adults who access the internet see answer, like their parents, through contact social skills. The with others. But, of course, the internet the internet as a virtual world where they way the interac- can find information and where they can do offers many more possibilities for this and tion proceeds is business. They ‘go online ‘ to attend to their thus plays an important role. You can banking affairs, to find a holiday or to order present yourself on profile sites with crucial for the something. On the other hand, young photos and videos that you upload. In chat image that people ‘are online ‘... They are simply doing sessions, whether or not you use a teenagers have the things they do and use the technologies webcam, you can practice your social of themselves. available to them. For them there is no skills. The way the interaction proceeds is difference. Online = offline...! crucial for the image that teenagers have of themselves. Who am I, what do others Ten years ago the internet was mainly a think of me, am I 'good' or ‘cool’, what are gigantic library. Nowadays, it can be my hopes and expectations and what do I compared with a meeting center that is want from life. Sometimes the internet is open all day and night and offers many the place to be in touch with people who possibilities for service and entertainment. share your passion, or your orientation. The fact that the internet is the underlying Flirting and experimenting with sexuality infrastructure that makes all of this possible has expanded to include not just the is irrelevant, especially for young people. For schoolyard, the hangout, the pub and them it›s simple: you can get in touch with nightclub, but also the internet. friends and be a part of a larger community. It is an essential part for growing up, which includes the development of social skills and finding your own identity. That happens
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Generation Einstein? internet application is their favorite? YouTube, the website where users can post Give a toddler a smartphone or tablet and videos and that everyone can use to watch he will soon find out how to create larger or movies is by far the most popular in all age smaller images. He learns this by doing, categories. Young children watch fun seeing and he remembers. Children are not movies on 'Joeptjoep' together with their afraid to discover something new and learn parents that way how new technology works very quickly (aided by the fact that new Finding answers to such question as 'where technology is increasingly more intuitive). are they ' and 'how long for', however, is of little value for understanding digital youth Because of this adults may believe that they culture. It is far more important to know how cannot teach anything to young people websites and applications facilitate and anymore. That is not true. The fact that support the development of young people. children can adapt quickly to new technology does not mean that they understand For young people social network sites are everything, appreciate the consequences or important for a number of reasons: know how to deal with them. This is certainly not the case if they are confronted with age- – Being in contact. The need to share, inappropriate information or footage. Young join a group and oppose adults is part of Young people people between 12 and 18 prove5 less able growing up. Online you can do this between 12 and than is often thought. They make a lot of continuously. The fear of adults that mistakes because they are impatient and social networking sites replace ‘real’ 18 prove less bad readers. They are also naive and not friendships and that young people able than is often very critical. Research by Dialogic6 shows become more antisocial is unjustified. thought. They that 80% of high school youngsters don’t They just amplify it ... make a lot of check the reliability of the sources they use. – Comparing yourself to others. For mistakes It also showed that “finding privacy as young people it is important to compare important” is not the same as “knowing what themselves with others. What do others because they are to do to protect ones privacy” or “to act look like? What do they wear? What impatient and correspondingly”. music do they like? What do they do? bad readers. Social networking sites are an excellent They are also Young people know in theory what is wise way to ’peep’ unabashedly at what and/or safe. But searching and pushing the others do. It helps young people to naive and not boundaries is exciting and is inevitably determine their own identity. very critical. linked to growing up. During the moment, – Presenting yourself. If you look at other doing something comes before thinking. people’s sites and profiles you know that They simply don’t see the consequences of others also come to visit yours. Young their behavior; YOLO ...! people therefore give endless attention to their online profile. They choose the 1.2.2. Where are they? best picture, the funniest texts, the right movie and the hippest music. At Hyves A frequently asked and investigated young people can also indicate what question is what is popular among young brands they want to be associated with. people on the internet; What do they like? The success of sites such as Facebook Which sites do they visit the most? What and Hyves depends entirely on the fact that young people are constantly concerned with the question how they 5 my child Online, Research Foundation "Einstein are seen by others. The fact that they does not exist", October 2010 themselves have control over how they 6 Dialogic, research "behind the scenes: Media present themselves gives young people use and behavior vmbo-youth", November 2012
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a feeling of being better and stronger. anonymous and takes away inhibitions. Even when you’re not the most popular This means that ‘ordinary’ norms and person in the classroom, a strong profile values are shifting on the internet. on a social networking site gives you the Boundaries are not always very clear and chance to distinguish yourself in a youngsters are already pushing the limits positive way. by looking for their own boundaries and by – Receiving feedback. The internet is all having quite a different perception of the about action and reaction. Young people use of the internet. watch each other closely and are on standby to give a (usually positive) Research shows that young people from 12 reaction to pass on messages and to 18 make massive use of the possibilities photos. The attention and compliments the internet offers for romance and erotic contribute to the group’s feeling and to encounters. Most adults have no idea that The internet self-confidence. almost all young people who are active on clearly offers – Making contact. Social network sites the internet have been sexually approached young people a are easily accessible; it is very easy to by someone, or that one in four boys and world with a lot of make contact with ‘vague acquaintances’, one in five girls have had some kind of including people from their wider circle of online ‘sex’ experience. possibilities and friends and acquaintances. Here you opportunities, but can leave a message (a Scribble) Sometimes ‘internet friends’ have other also risks they whenever and for whoever you want. intentions and can be very annoying. Young are not, or people see that risk much less and Computer games are as old as the first sometimes not at all. They just give out insufficiently, computer. The game Pacman had it all. It personal information, make appointments aware of. was fun, exciting and very addictive. Most or expose themselves literally in front of the games stimulate creative ability through webcam, with all sorts of consequences. playing. Young people learn to negotiate, Usually they resolve it themselves, whether practice solution-oriented thinking and their or not with the help of friends, parents or the social skills. Even for the little ones there school. But it also requires action from the are games that suit their age. police when criminal conduct is involved.
Internet games have evolved into what they Sexting are today: beautiful, realistic and often Sexting is sending sexually suggestive complex games with an infinite number of messages or spicy photos or videos, variations and possibilities. You can play usually via a mobile phone. “Sexting” alone or online with others around the consists of the English words “sex” and world. By any means whatsoever: computer, “texting”. Both adults and young people find smartphone, iPod, tablet, handheld game this exciting to do with their friend or consoles (such as Nintendo DS) and game girlfriend. It is increasingly becoming part of consoles for television (Xbox, Wii, Kinect). a sexual relationship. For young people it is Online games are very attractive. You play logical to experiment with media such as with others, get instant rewards for mobile phone or webcam as part of their assignments that you perform and receive sexual development. appreciation from the other players. Sexting, however, is not without risk. The 1.2.3. Online risks consequences can be far-reaching if the images are put online by an angry ex to The internet clearly offers young people a take revenge. Sexting however is not world with a lot of possibilities and always voluntary. Victims can be opportunities, but also risks they are not, or manipulated, blackmailed or threatened to insufficiently, aware of. The internet is send a nude photo. Once they have done it,
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the offender threatens to put the photo on modeling agencies. In addition to the the internet or to distribute it in some other financial abuse (scam), sexual abuse is way. Victims are then forced to engage in also just around the corner. further sexual acts, for example, through the webcam or even in real life. Unwanted publication Photos or videos of yourself that you prefer According to current Dutch legislation not to share with the whole world can sexting is punishable for youngsters under appear online; drunk, naked, crazy faces, in 18. It’s punishable by law to create, possess your bikini at the new year’s party. It or disseminate child pornography. The law happens regularly that images without the itself doesn’t take sexual experimenting by consent of the ‘protagonist’ are put on the teenagers into consideration, but fortunately internet by someone else. This can be done the administration of Justice does. as a reminder of a nice evening or just for fun because he or she does not understand Webcam sex (abuse) why the other person would have a problem Most young people think it’s fun to flirt and with it. Sometimes it happens with the experiment with sexual behavior on the express purpose of bullying, as revenge or internet. They generally can also deal well with the conscious intention to annoy the Under threat of with unpleasant experiences. But there are other person. Given the enormous growth disclosure of also victims and losers. Especially girls find of social media, the threshold to publish is recorded images it sometimes difficult to refuse things, low and the impact is often great. young people are forcing them go further than they actually pressured to go would like to. In some cases, webcam sex Insult, Slander/Libel images are published online; out of revenge The internet offers many ways to hurt much further in after a broken relationship or in the form of someone’s good name and honor. For front of the cyber harassment. The same as mentioned example, by creating a video of edited webcam or even for sexting applies here. The damage that (profile) photos and making it clear through to meet for this can cause is great; it is even possible text or lyrics that the protagonist is a whore. for the images to continue to haunt the Or by spreading a so-called ‘Banga-list’. physical sex. victim all her life, often without the offender This is a list of girls by name, supplemented even realizing this when performing such by personal data, (profile) photos and an an impulsive act. explanation why they are among the top X ‘largest sluts’ of the school, city or province. The risk of abuse is very real and the Young people are very creative with finding impact, when this is the case, immense. new ways to do this and may go far. Other Under threat of disclosure of recorded examples are: images young people are pressured to go - creating a hate profile with edited much further in front of the webcam or even photos to meet for physical sex. This is also a way - emailing edited photos lover boys operate and leverage young - putting offensive lyrics on forums under people’s loyalty. the name of another person - putting some person's name or photo Fake scouts next to offensive lyrics There are fake scouts that pretend to be scouts for a modeling agency or photo Virtual theft studio who shower young people with A common form of theft takes place in (paid) compliments and promises and take online games: the looting of rooms in the advantage of people’s lack of self-esteem virtual game Habbo, where players have and their need for positive confirmation. paid for the decoration of rooms and They continue until these children sign up therefore this represents value. Robbery on and pay the so-called photo studios and the internet is of course different from
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robbery at home or in the street. By themselves have a responsibility and by obtaining passwords or codes you can login teaching them how they can protect to someone’s account and ‘become’ that themselves. Herein lies an important role person’s online identity. You then have free for parents, educators and teachers. But access to the game and his or her virtual also operators of online environments can property which you can book to other minimize the risks and take measures to accounts. User data can be obtained in provide a secure environment to young different ways. They are: people. In the Netherlands a lot has already - told in confidence (best friends have no been done in this area. secrets) The bullying - collected through so-called. 'phishing' European research7 into the use of media continues even if - simply guessed by obvious name and by young people places Dutch youngster password (just like young people from Cyprus, you’re at home. It - obtained by threat Finland, Poland, Slovenia and England) in is invisible to the category ’Higher use, some risk’. parents and Cyber bullying Despite the fact that they are intensive teachers and can The tendency to find one’s own limits can users of media, they are less likely to hurt other youngsters. Teens have a become the victim of online risks than continue for a different view on bullying than adults. In the young people in other European countries. very long time eyes of many young people bullying has a As a possible reason for this increased because victims high fun factor and you are a tough guy resilience is mentioned: do not dare to tell when you go to the edge, and beyond. - effective awareness campaigns Bullying on the internet is anonymous and - active involvement of parents in their for fear that the easy. A bad message is sent within a heart children’s use of the internet bullying will get beat. What they don’t realize, or what just worse. doesn’t interest them, is that what happens 1.3. The online domain on the internet will not simply disappear again and can even become criminal. Taking a helicopter view of all the facts and figures in the preceding paragraphs it Online bullying has a much bigger impact becomes obvious that with the advent of than classic bullying because as a victim the internet and all its applications a new you are not safe anywhere anymore. The social environment has been created where bullying continues even if you’re at home. It (young) citizens spend time, make contact, is invisible to parents and teachers and can make money, can commit criminal offences continue for a very long time because and therefore can be victims. In this victims do not dare to tell for fear that the document we use the following description bullying will get worse. When online bullying for the online domain: is recognized, in general it’s dealt with by parents and the school. Not only do “the total of all online environments and youngsters cross limits easily, they often applications through which contact between are victims of cyber bullying themselves. people and the resources they use for it is Research shows that often there is a possible”. relationship between offline and online bullying. Cyber bullying is, like bullying, in itself is not punishable, but it can certainly contain criminal elements.
Minimizing risks starts with your own 7 Haddon, Leslie and Livingstone, Sonia (2012) behavior EU Kids Online: national perspectives.EU Kids Many of these risks can be minimized by Online, The London School of Economics and making young people aware that they Political Science, London, UK. Version available at: http://eprints.lse.ac.uk/46878/
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Characteristics of the online 5. Privacy domain The issue of privacy in the online domain is associated with additional complexity. Most 1. Not tangible citizens seem not overly worried about the The contacts and interactions take place in issue of privacy because they think ‘I have the “internet cloud”. You can’t look people nothing to hide ‘. They publish information in the face, put handcuffs on them and about themselves on a public profile haul them off for example. The presence of without realizing the range or possible the police in the virtual world requires us to consequences. Only when they are consider in depth how you can display confronted with ? do they become obsessive It is a challenge confidence and exercise authority. about their privacy. Equally the question ‘what do third parties do with information for every 2. Boundless once published’ doesn’t matter to many organization that The internet has no borders. People contact citizens. For the police this presents is geographically each other all over the world. Offenders and opportunities; public profiles are still seen organized to find victims of internet abuse may live kilometers as public sources, provided that information an efficient and apart. Moreover, it is not inconceivable for is not systematically collected. the many victims of one offender to all effective solution reside in different geographical areas. It is a 6. Nothing is what it seems to existing challenge for every organization that is The internet is anonymous. People hide processes. geographically organized to find an efficient behind (a homemade) profile and use and effective solution to existing processes. nicknames and Hotmail addresses. Data can be manipulated on the internet, so you 3. No public space should always be critical and ask yourself: Everyone surfs freely and without restrictions “What is true?”, “Can I trust this person?” on the internet. Contrary to what you might This is not always easy; a rumor on the think (certainly about the term “world wide internet quickly turns into the “truth”. After web”), you cannot compare it with a public all, if so many people talk about it, there space. The internet is a network of computer must be a kernel of truth in it!? And when networks on which all kinds of services are there are even pictures to support it, then offered. Every website or online environment all doubt quickly disappears and only a few is therefore the property of a company or people are left who wonder whether the private person. The internet is a image may perhaps have been manipulated. concentration of private spaces where the owner sets the rules (terms and conditions!). 7. Dynamic This is a very important factor in determining How quickly communication travels these the size and content of the task of the police days and what impact communication in the virtual world. can have is illustrated by the various experiences from the 2012 projects X. 4. Information all over There are, however, also numerous The present situation, in which you can examples that illustrate how quick ‘smaller’ ‘listen’ as an outsider to conversations items of communication travel nowadays. between people, look at their photo album The first photos of an accident, for example, and have access to personal information, is are sent by twitter within a few minutes unique. There is a lot of publicly accessible (sometimes even before a police control information around through the use of room was informed about the accident), social media : what keeps people busy, and regularly a tweet proves to be the where they go, who their friends are, who actual source for reporting in the national their family is, what hobbies they have, and media. Today everyone is a producer of what they have experienced and seen. news and dissemination is faster and better targeted than in any other medium.
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The above examples focus on the a necessary condition for the crime itself. It differences between the online environment applies to all offences in the criminal code, and the ‘physical’ environment that we but in a new form. Some examples: know. However, there are also a number of similarities between the two environments Theft: “all my furniture in Habbo is gone!” that are important to bear in mind for further Threat: “@anyorganization I will kill you all reflection on the role of the police in this tomorrow #deaththreats” domain: Libel/slander: “Help, I’m placed on a banga 1. It involves real people, really money list” (girls names on list, called a whore) and genuinely criminal behavior Various*: “the whole school has seen my 2. Legislation in respect of minors (special nude photo. First only on what’s app, but position, both criminal and civil) now also on twitter” 3. Expectations of citizens towards the police to be “watchful and helpful“ * in the case of the distribution of a nude 4. Preventing, identifying and advising are photo there can be several relevant important factors for preventing an legislative measures. Child pornography (if escalation the victim is a minor), grooming (if the 5. Certain situations require (emergency) offender is an adult), libel/slander, portrait assistance rights, sexual abuse (if not entered into 6. Cooperation between organizations is voluntarily). The context is essential for The more users essential determining which offence we are dealing understand how with. the Internet The online domain generates challenging issues when it comes to translating them The basis for the prevention of internet- works and what into the core processes of the police and related crime for a large part lies with the the conse- the implementation of the tasks of the awareness of the users. The more users quences of their police and more specifically the police understand how the Internet works and actions are, the youth task. what the consequences of their actions are, the more aware they will be with regard to more aware they 1.4. Online victims and offenders their own behavior and that of their will be with environment. The basis of media wisdom regard to their is: With the advent of the internet, new forms own behavior of crime have emerged. Crime that does ˗ knowing what the opportunities and and that of their not exist without the necessary IT facilities risks of the internet (applications) are (computer and/or network). We speak of ˗ understanding the impact of your own environment. ‘cybercrime in the strict sense’. Examples behavior and actions on the internet are: ˗ understanding what you can do yourself - Hacking (accessing data on computers to minimize risks and prevent without permission) victimization - Defacing (changing, replacing, or - being able to apply this knowledge for destroying data from a website without using media responsibly and permission) consciously - Spreading malware (malicious software that damages computers and network 1.5. Stakeholders connections and/or gives access to the computer or data to another person Security is a collective responsibility in the without the consent of the user). virtual world! Countering blurring of moral standards and In addition, there is also “cybercrime in the lowering the number of criminal offences in broad sense”. This concerns criminal the online domain is a task that the police behavior in which IT plays a role, but is not cannot perform alone and should not have
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to do alone. Creating a safe environment Below you find a list of parties which are for young people on the internet is (should relevant in addition to the police for be) a shared responsibility of many parties. increasing security in the virtual world.
Young people, parents and schools An important responsibility, of course, remains with the young people themselves. When they are aware of the risks, their own behavior and its consequences, the risk of victimization is reduced. They will be self-reliant and recognize possible abuse earlier; this knowledge will also be actively used to protect yourself and others in your social network.
It is important that parents support their children in discovering the virtual world. Education determines to a large extent the standards and values of young people. This is no different when it comes to using media. It is for a large part about social skills. Depending An important on the age of their children parents will accompany their media use and learn how they responsibility, of can use this in a positive way. It also requires that they make children aware of the risks course, remains and teach them how to protect themselves: with rules and by reflecting on their own with the young behavior. Schools also play an important role in teaching values and raising awareness to young people. They also have an important function when it comes to early signaling people themsel- of unpleasant situations. ves. When they are aware of the Owners/administrators (providers) risks, their own The responsibility for a safe environment lies to a large extent with the owner and/or operator of a site. He is primarily responsible for rules and the monitoring of compliance. behavior and its Possible measures include: consequences, the risk of ˗ house rules and imposed conditions on the use of/visit to the online environment victimization is ˗ moderators overseeing compliance with house rules and taking measures in case of reduced. infringement ˗ providing the option for young people to contact the moderator to report misdemeanors ˗ prevention through technical restrictions (language filters) ˗ providing information on safety for young people and parents
Private parties Several large and smaller initiatives focus on information and assistance, such as the (online) de Kindertelefoon, Meldpunt Kinderporno op Internet, Meldpunt Discriminatie, Slachtofferhulp, Bullyweb, Stoploverboys.nu, Pestweb etc.
Centers of expertise „Youth and Media“ In the area of security for young people in the virtual world various parties engage with the question "how is the digital youth culture developing" and what is needed to increase awareness and safety.
Internet Security Platform The platform consists of several market stakeholders, the Ministries of Economic Affairs and Justice, and it aims at a structural contribution to improve internet safety for consumers/internet users. It focuses on strategic issues in relation to internet security and aims to set an agenda, identify trends and suggest concrete initiatives.
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2. Impact on the police - perception that nothing happens with their report The digitalization of society is a development - don’t want their parents to be involved; that affects the entire police organization - lack of direct (online) contact options is and all of its core processes. Not only discouraging because of the fact that citizens want to be able to make reports online, and expect the It has therefore been decided to take the internet to be used efficiently and effectively challenge and (literally to an extent!) move in matters of detection. But above all, into the virtual world. The Dutch police has because the police has a responsibility launched various initiatives in recent years when it comes to criminal behavior that is in order both to learn and to use this committed using the internet. The physical newfound knowledge for finding answers to world is no longer the only environment in the organisational challenges they face. Young people which people can commit criminal offences Many meaningful steps have been taken. indicated that if and therefore also be victims. Insight into In the following paragraphs a brief overview they need the the digital youth culture offers an integral on the role of the police on the internet will perspective for wider issues and be discussed. police, they organizational challenges that the police cannot find them faces: 2.1 Police in the virtual world in the online 'New' criminal offences domain. To Other forms of existing criminal offences Citizens’ expectations for the police to act contact the police New forms of knowledge about crime no differently online than in real life was an and legal system important starting point for developing and they generally Using the internet as a new channel conducting the various initiatives as these have to go to a expectations are legitimate. The police (communication, detection, service for physical police citizens) should be there when they are needed, station. No insight into new trends and help victims and arrest perpetrators. developments However, there are a number of constraints Heavily reduced level of information on the way responsibilities can be without a focus on online domain performed in the online domain. The police Risk of incorrect assessment of powers on the internet cannot: through a lack of knowledge Inefficient business processes and chain cooperation - be responsible for the public order; they Growing gap between online crime and are private domains, likelihood of detection - directly apply its powers; quite often it Less respect and trust from citizens requires special investigative techniques, Young people indicated that if they need the - exercise the same authority as on the police, they cannot find them in the online street because of visibility, recognition domain. To contact the police they generally and limitation in applying its powers, have to go to a physical police station. The - be the only one responsible for the threshold for young people to get in touch safety of young people. with the police about what they experience online is great. This has several reasons: 1. Police officer on Habbo - shame; they dare not talk about the immediate cause Within the virtual Habbo world the police - fear of not being taken seriously by the has experimented with a digital community police; police officer, Boudewijn Mayeur. Young - fear that the police will not understand people can get in touch with him while them; playing online in Habbo. They ask a lot of
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questions and also confide in him about 350 sessions. Over the course of 6 months serious personal problems such as domestic there were nearly 11,000 unique Habbo violence and sexual abuse. They also users who visited the police station. Online regularly show him new phenomena and young people are willing to provide the inform him when they are being approached police with information, either upon for webcam sex (cyber grooming). prompting or voluntarily, about unwanted and/or harmful behavior that they have The reason the Dutch police started this experienced. Almost every session initiative in Habbo Netherlands in 2010 was provides us with indications for detection or because both the community manager and further research. Because it is impossible the Habbo users themselves said to need for one officer to research all this information the presence of the police. It started with in the pilot phase decision was to only monthly consultations for young people in perform advisory and signaling work. Very what was called ‘the information-bus’ at serious matters were immediately passed Habbo Hotel, where other organizations on to colleagues in the country with the like Child phone, Bullyweb, Help-wanted request to take over the investigation. The and Stop loverboys also were regularly ambition is to extend police capacity. online for one hour chats with the kids. 2. Website Vraaghetdepolitie.nl It turned out that the request from (ask-the-police) youngsters was not only to talk about the problems that took place within Habbo In addition to the existing general site of Habbo created a itself, but also about situations that the Dutch police www.politie.nl there is a special police- happened to them outside, in the real world. separate one for young people, which They were anxious to talk with a real police was launched in 2006. The site www. avatar and to officer online in their own trusted vraaghetdepolitie.nl was developed to make clear that environment. Habbo created a special answer questions and provide easily this is the only police-avatar and to make clear that this is accessible information on topics young real police officer the only real police officer in Habbo, a people themselves chose as relevant. The in Habbo, a special police badge was designed. And in purpose of the website is to improve the autumn 2012 even a virtual police station image of the police among young people special police was opened. (12-16) and reach the target group that badge was actively becomes involved in security designed. By being present in Habbo the police fulfills issues in their own environment. the objective to be available online to young people and thus also directly meets its responsibilities of prevention, enforcement, detection and signaling. Visibility and presence in particular are important conditions as those provide an easy contact opportunity between these young people and the police. It helps the police to better understand the experiences of young people regarding current (online) issues. On top of that they gather useful experience when chatting with young people and learn The presence of the website is an how young people value the possibility to important step for the police in increasing have contact with the police online. their visibility and accessibility for young people in the virtual world as it enables Last year the digital police officer worked online contact between police and young for more than 150 hours in Habbo during people. Young people can ask their
50 Special Edition 2013 Dutch police, vision on youth and the internet
questions, look up information, get in about their work and to inform the public or contact with their local police officer, take ask them for assistance. More than 1000 part in regular chat sessions. In the Twitter accounts actively communicate process of developing the site research about police and regional matters. Before was done among young people about the officers start twittering they attend a what they expect from the police and what short training course about what does and topics are most relevant for them. They doesn’t fit in the communication policy and answered that they see the police share experiences and lessons learned. especially as an authority and wanted to find reliable factual information about 4. Information about online risks topics that concern them as well as tips on how to deal with problems in this area. To reduce online victimization information They also wanted to find information about is needed. It is for this reason that an laws and rules and how to contact the information and awareness-raising process police. Based on this research 14 topics was developed in the form of a short We know from were chosen, such as internet, cyber “game”. This game about choosing what conversations bullying and drugs. friends to accept is called www. with young kenjevrienden.nu and can be played and people that there Frequently asked questions (FAQ) and shared with friends throughout the internet answers are available for everyone to see and social media. It illustrates that on the is a high thres- and anyone can join chat sessions if they internet everyone can pretend to be hold to go to the want. The chats topics are either themes anyone. The message is that it is good to police when they communicated in advance or issues related think twice about who you add to your have got into to current news. The site is a huge success online network(s). and at the time of writing there are trouble online. approximately 70,000 unique monthly visitors to the site. Incidentally, local police officers themselves also use this site to find the answers to the questions that they were asked by young people in their district on the street.
The website is actively affiliated with a number of governmental and private bodies The concept was developed together with to allow young people to directly ask young people and is based on true facts. for help when they find themselves in We know from conversations with young a difficult situation online. The website people that there is a high threshold to go www.meldknop.nl (report!) was launched to the police when they have got into on Safer Internet Day, on 6 February 2012, trouble online. Often they are ashamed by the Minister of Safety & Justice, Mr Ivo and think they are not entitled to help. An Opstelten. additional reason is that they think that the police still don’t understand what they play 3. Communicate via Twitter online and therefore their problem will not been taken seriously. With this ‘game’, we Twitter is becoming increasingly popular want to reduce the threshold for young and virtually all sworn police officers people by showing that the police does already have (or very soon will be in the understand what is going on online, how possession of) a mobile phone that allows you can become a victim while you are them to search police databases online and that we understand that it is themselves, but also to use Twitter difficult to talk about it. independently to send short messages
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5. Increase knowledge level Activities are designed to contribute to being present online, to be approachable It is important that every policeman and and to identify what’s happening at an woman understands how online and offline early stage and to be able to anticipate are interwoven and that there are situations matters. The skills of employees will have that require police action. To this end, to include understanding online risks and various initiatives were taken, such as the the underlying mechanisms so that this production of a brochure (online) in can be translated into desirable and/or cooperation with a center of expertise in the required police actions. Active knowledge field of ’children and the media’ about digital sharing and cooperation with external youth culture and its impact on the police. stakeholders in the area of online safety is one of the basic conditions.
Source Entry
Eurostat, ‘Statistics in Focus’, week 50/2012 CBS, Statline, ICT gebruik van huishoudens en personen, oktober 2012 Marketingfacts, ‘What’s happening online?’, juni 2012 EU Kids Online: national perspectives. It is important Haddon, Leslie and Livingstone, Sonia that every (2012) Stichting Mijn Kind Online, Hey, what’s policeman and app?, maart 2012 woman under- Furthermore, various workshops were Stichting Mijn Kind Online, onderzoek stands how organized on the subject of youth culture “Einstein bestaat niet”, oktober 2010 online and offline and the internet and a toolbox is designed Dialogic, onderzoek “Achter de schermen: for every colleague who, in their daily work, Mediagebruik en –gedrag vmbo- are interwoven encounters the subject “youth & the virtual jongeren, november 2012 and that there world”. With the introduction of the toolbox Oriënterende gesprekken met Habbo, are situations the digikids expert group also wanted: Hyves en Meldpunt Kinderporno that require - to promote exchange of specific Onderzoek Universiteit Twente “Grooming, police action. knowledge, Sexting en Virtuele diefstal; VMBO- - give insight into local and regional Jongeren en praktijkexpert aan het initiatives, woord”, december 2012 - make proven successes available, Beleidsadvies Expertgroep Digikids “Het - to encourage cooperation. organiseren van de politiële jeugdtaak in The toolbox is not static, but constantly de virtuele wereld”, januari 2013 under development and the content grows 'with' current developments.
3. Our ambition
The ambition is to carry out an active policy on the youth task (prevention, signaling & advise and repression) in the online domain. This means reduction of online victimization and increasing the chances of arresting online offenders.
52 Special Edition 2013 Dutch police, vision on youth and the internet
Authors
Solange Jacobsen is an independent project manager associated with the Foundation Mijn Kind Online (My Child Online) and works for the Dutch police as program manager of the expert group Digikids.
Manuel Mulder (MBA) is a Dutch police commissioner and chairman of the expert group Digikids whose responsibility it is to develop initiatives on the subject of “reducing online risks for children” and “increasing the chance of getting caught”.
Special Edition 2013 53 Protection of children and young people in the face of the challenges of Web 2.0
Protection of children and young people in the face of the challenges of Web 2.0
Ines Kawgan-Kagan, M.A.
Abstract The tasks facing German child protection in the media are complex and constantly need to adapt to new aspects of the Internet. The legal position in Germany, however, is even more complex. Various laws have been simply amended in line with changes on the market. Unfortunately, this has obscured the view of the whole picture and many aspects of child protection in the media are governed differently by an array of laws. Particular mention should be made of the German Protection of Young Persons Act (Jugendschutzgesetz, JuSchG), which applies to computer games, the Interstate Treaty on Child Protection in the The Internet is Media (Jugendmediaschutz-Staatsvertrag, JMStV), which creates a framework for telemedia services and content, as well as the German Criminal Code (Strafgesetzbuch, without a doubt StGB). We need a paradigm shift that includes a uniform and preferably international one of the most solution of regulated self-regulation for computer games and other telemedia content and hotly debated services as well as an extension of the criteria for the age classification of such content and innovations of the services. The sensitisation and education of children and young people, parents and teachers to the relevant issues is also crucial. modern age; yet it is now hard to imagine life It is interesting that many people clearly 1. Introduction without it. have difficulties in seeing the opportunities “For this discovery of yours will create in the unknown and unfamiliar instead of forgetfulness in the learners’ souls, because just the risks and dangers. When the first they will not use their memories; they will railways were introduced at the beginning trust to the external written characters and of the 19th century, even doctors warned not remember of themselves.” against incalculable effects of the high (Plato, Phaedrus) speeds on the brain (Joerges, 1996).
“Screen-based media drastically diminish The Internet is without a doubt one of the the ability of children and young people to most hotly debated innovations of the learn. The consequences are deficiencies modern age; yet it is now hard to imagine in literacy and attentiveness, anxiety and life without it. Many parents see a ban as desensitisation, sleeplessness and the only way of protecting their children. depression, obesity, violent tendencies and However, to stand in the way of progress is social decline.” neither possible nor reasonable and (Spitzer, 2012) children and young people cannot be completely shielded from the digital world. There are 2,400 years between these quotes. A brain researcher is currently 2. Background warning against the consequences of digital dementia, just as Plato did long ago, who Completely prohibiting children and young also feared dementia caused by the people from using the Internet and new introduction of writing – though this media is frankly unfeasible as, from a obviously turned out to be a success story. certain age onwards, parents can no longer
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follow their children’s every move and free Common problems are online addiction space is important for development. and cyberbullying. Almost a fifth of 12 to Further, in the age of mobile devices, there 17-year-olds across Europe, making up are no clear limits to parental authority. more than 4.5 million children and young Healthy development depends on us people, state that they have been victims of experiencing things for ourselves. This cyberbullying (National survey of American does not mean leaving the younger attitudes on substance abuse XVI: teens generation to its own devices, but rather and parents). A key factor here is the length imparting important rules of conduct to of daily use: the longer social networks are them that they can use. Unfortunately, used, the higher the probability of becoming many parents are not aware just how a victim of cyberbullying. Whilst just 3% of intensively children and young people children and young people who do not use already use the Internet. Statistics show an social networks most days are affected, the ever younger audience using these probability increases to 33% for those who increasingly frequently. According to the spend more than an hour online. latest KIM (children and media) study, 57% of German children between 6 and 13 have A further problem is online addiction, and at least occasional experience of the there is a link between this form of addiction Internet (KIM study, 2011). For two thirds of and the abuse of other substances such as children the main focus is on keeping in tobacco, alcohol or drugs (Dyckmans, touch with friends. (Schröder, 2012). Yet 2012). In the group of 14 to 16-year-olds online games are also a popular pastime on 17% of girls exhibit a generally problematic This form of the Internet. This form of Internet use is Internet use as compared to 14% of boys Internet use is largely unsupervised: according to a cross- Overall 100,000 dependent and 400,000 Europe study, just a third of parents use a problematic users can be identified. Social largely unsuper- filter, and even fewer (27%) use monitoring networks are very important for females, vised: according software. The same study reveals that whereas boys continue to focus more on to a cross-Euro- around 80% of parents worry about their games (Schröder, 2012). pe study, just a children using the Internet. According to Next to other problems, such as excessively third of parents another study, the number of users of child protection programs in Germany is even easy payment systems (such as via the use a filter, and lower at 20% (Hasebrink, 2011), although parental phone bill), the phenomenon of even fewer (27%) 95% consider such software to be important. cybergrooming is largely unknown. use monitoring Such discrepancies can be also be Cybergrooming is the planning and software. explained by a certain feeling of approach phase that precedes and initiates helplessness on the part of the parents. a sexual assault on a minor by an individual Many simply do not know how to protect (Rüdiger, 2012). The anonymity and the their children effectively and what programs lack of privacy settings provide paedophiles afford adequate protection. with easy access to potential victims. This problem can be applied equally to online One of the best-known problems is how to games and their security setting, especially handle private data and the privacy settings as online games are used increasingly on social networks such as Facebook or frequently on social networks. Situations Myspace. Only 43% of 9 to16-year-olds involving many children and uncontrolled across Europe use the protection of setting communication will also attract offenders. their profile to not public; more than a According to the current KIM study, today a quarter have no protection whatsoever and quarter of all children have already been have set up a publicly-accessible profile sexually harassed on the Internet. A US (Haddon et al., 2011). What problems are study shows that 48% of the victims of caused by increased usage behaviour? Internet-based sexual offences were between 13 and 14 years old. Actual abuse
56 Special Edition 2013 Protection of children and young people in the face of the challenges of Web 2.0
is increasingly starting in the virtual world: 3. Competences in the online 10% of rapes are initiated on the Internet protection of minors in (Finkelhor, 2008). Germany: Who? What? When?
Girls are more commonly affected than One of the basic problems for the protection boys. Only 8% can speak to their parents or of minors on the Internet in Germany is that friends about it (Katzer, 2007). Children are in the past attempts were made to transfer often at a loss as to what to do. Many existing mechanisms for the protection of parents are unaware of this problem and minors from the real to the digital world – an the public discourse tends to centre solely approach that is doomed to fail. A printed around the issue of data protection on publication can be confiscated, pulped and social networks. Cybergrooming is often its distribution prohibited. This is not trivialised, although presenting a child with possible for online media due to the limitless written materials or pornographic images to distribution opportunities and the associated induce them to engage in sexual activity is collective memory. The Internet never actually an offence under section 176 (4) forgets. In this context the debate about (3) and (4) StGB. blocking pages depicting child pornography, that is, images of abuse, is worth This is primarily a generational problem mentioning. Both child protection given that most parents grew up with letters, organisations and politicians initially Access to the postcards, fax machines and early believed that this problem could be tackled World Wide Web computers such as the VC 64 in Germany. by means of a technical block. It only affords previous- Access to the World Wide Web affords became clear that this was neither ly unimagined previously unimagined opportunities of technically feasible – blocks can quickly be opportunities of global communication that did not exist in circumvented – nor reasonable in terms of the age of letters and postcards. This the basic understanding of the Internet – global communi- enables people to meet and/or stay in touch there is a risk of such images being cation that did with others easily. Research and locating transferred to other pages or even to private not exist in the information has also been vastly simplified. networks – after an intensive and age of letters and The immediacy offered by the Internet occasionally very emotional debate. would otherwise be almost impossible. postcards. Although this article deals with the risks and Given that on the one hand state monitoring dangers of the Internet for children and of the Internet is neither possible nor wanted young people, it is worth not losing sight of by any party, and on the other self-regulation the opportunities afforded by the Internet. of the markets is not producing the desired success, in Germany trust is being placed in However, in order to be able to use these the principle of regulated self-regulation. advantages safely, more politicians and This management concept is defined as service providers need to accept greater self-regulation that takes place within a legal responsibility. These should ensure that framework that the state has imposed in effective protective mechanisms are in order for the regulatory objectives to be place and that comprehensive, systematic achieved (Schulz, Held, 2002). and targeted media competence training is established not only for children and young So what can be done to establish an people, but also their parents and teachers effective system of protection of minors in order to close the generational gap. nonetheless? In order to examine this question, the legal framework will be discussed here. Which law is relevant for the protection of children and young people on the Internet? The legal framework and points of contact are not uniformly governed
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in Germany because there is not just one are in truth accessible to anyone and are law and one point of contact. not subjected to any examination procedure. This key aspect of the online world is In order to introduce child protection in the therefore not legally regulated by the media in Germany, three relevant statutory JuSchG. bases will be presented and described. Worthy of particular mention are the Sections 17 to 25 JuSchG provide for a German Protection of Young Persons further actor for the examination of Act (Jugendschutzgesetz, JuSchG), the compliance with the stipulations under the Interstate Treaty on Child Protection in JuSchG: the Federal Review Board for the Media (Jugendmedienschutz-Staats- Publications Harmful to Young Persons vertrag, JMStV) and the German Criminal (Bundesprüfstelle für jugendgefährdende Code (Strafgesetzbuch, StGB). As well as Medien). This Supreme Federal Authority, the relevant institutions and processes, subordinate to the Federal Ministry of existing deficits will be discussed. Family Affairs, Senior Citizens, Women and Youth (Bundesministerium für Familie, 3.1 Protection of Young Persons Act Senioren, Frauen und Jugend), can include written material and audio and visual media At the national level the Protection of Young in the list of titles harmful to minors Persons Act has been protecting children (indexing) and thus substantially restrict and young people in public and in the area distribution. Indexed games may not be of media since 1952. Since 2003 this Act traded freely (section 15 JuSchG). The has also governed the age certifications for associated sales ban has a huge negative These, usually computer and video games. Like films impact and is circumvented by many games before them, games are tested and their producers by creating abridged versions free (with the content evaluated and correspondingly and versions edited for the German market. exception of very only approved for certain age groups. In In Germany computer games sold on costly virtual 1994 the Entertainment Software Self- physical media have to be tested by the goods that can Regulation Body (Unterhaltungssoftware USK to prevent them from being classified be purchased) Selbstkontrolle, USK) was set up under the as harmful to minors and indexed from the Protection of Young Persons Act as the outset (section 12 (5) JuSchG). games on the responsible body for the age rating of video Internet are in games. Under section 14 JuSchG the The basic idea behind age rating is to truth accessible Supreme Regional Youth Protection create a standard and binding identification to anyone and Authorities (Oberste Landesjugendbe- signal for parents and consumers to offer hörden) are responsible for age rating. In certainty when purchasing games. are not subjected collaboration with the representatives of the to any examinati- German federal states (Länder) at the USK, 3.2 Interstate Treaty on Child Protection on procedure. these have the ultimate decision-making in the Media authority as regards age rating. This approval is definitive for retailers: games Although the USK now offers testing must be clearly labelled and may only be procedures for age rating both computer sold to the age group to which the approval and video games on physical media and applies. However, it has to be said that computer and video games on the Internet JuSchG does not cover all types of game, and other telemedia content, the testing only those that are sold on storage media. procedure of telemedia content and This does not include purely server-based services takes place without state online games as these cannot be bought in involvement – so it is not a mandatory shops. These, usually free (with the requirement and there are no consequences exception of very costly virtual goods that for non-compliance. Such content falls can be purchased) games on the Internet within the scope of the Interstate Treaty on
58 Special Edition 2013 Protection of children and young people in the face of the challenges of Web 2.0
Child Protection in the Media (JMStV) means of at least one one-off reliable check agreed between the German federal states. that the individual is of age (identification) Since 2003 the JMStV has covered not only that must take place by way of personal radio and television, but also content and contact; secondly by way of secure services as well as online games offered on authentication on every use to minimise the the Internet. Yet, this does not neatly close risk of multiplication, passing on or other the lacuna arising under the JuSchG as is abuse of access data to minors.” (Döring, shown below. Pursuant to sections 14 et Günter, 2004, p. 232). The system will not seq. JMStV, the Commission for Child be considered effective if the age is verified Protection in the Media (Kommission für via the ID card number as such numbers Jugendmedien-schutz, KJM) monitors are easy to falsify or obtain via the Internet. Similarly, content compliance with the provisions of the Nonetheless, the technical measure to be is not per se Interstate Treaty on Child Protection in the taken must be proportionate in any event Media. The KJM is supported by various and may not infringe constitutional suitable or companies (e.g. Jugenschutz.net under principles. In general KJM recommends the unsuitable for section 18 JMStV) and other institutions of use of a Postident procedure. children and voluntary self-regulation recognised by young people. KJM pursuant to section 19 JMStV (FSK, Because providers rarely want to restrict FSF, FSM, USK). The latter, deployed as their access – be that temporally or by a For that reason child protection officers, satisfy the closed group – many will take the route of individual obligation arising under section 7 JMStV for programming with an age rating pursuant to gradations “commercial providers of generally- section 5 (3) no. 1 JMStV in combination should be made accessible online offerings that include with section 11 (1) JMStV. This sounds content relevant to the protection of minors” more complex than it actually is and is depending on (section 7 (1) JMStV). explained for example on the USK website age. (USK, 2012). In technical terms an age As regards telemedia content (excluding label which can be read by child-protection current political events if there is a justified software is stored in the website’s main interest in this specific form of presentation directory. If parents have set these or reporting (section 5 (6) JMStV)), several programs up accordingly, they prevent options are set out to adequately ensure access to a page that has a higher age that children and young people do not come rating than approved for the user. into contact with inappropriate content (section 5 (3), (4), (5) in combination with The Internet cannot be cleansed and the section 11(1) JMStV): option of general filters is neither desirable ●● Restriction of access times nor technically feasible. Similarly, content is ●● Use of technical or other means to not per se suitable or unsuitable for children restrict access and young people. For that reason ●● Programming for one of the child individual gradations should be made protection programs accepted by the depending on age. In light of that, the use of JVM child-protection software pursuant to the Protection of Young Persons Act and the Section 5 (4) JMStV offers the opportunity Interstate Treaty on Child Protection in the to provide access to content not approved Media the only reasonable alternative. As for minors exclusively between 11:00 p.m. already shown at the beginning, however, and 6:00 a.m. and content for the over 16s too few parents use corresponding child- only between 10:00 p.m. and 6:00 a.m. protection software to adequately protect Further access restriction can be achieved their children. By way of reminder: only by using an age-verification positively around a fifth of parents have installed such evaluated by the KJM. Access protection a program (Hasebrink, 2011). It is doubtful should be ensured by two steps: “firstly by whether all 20% use a program for
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identifying the age label recognised by measures cannot be taken against KJM. Further, the correct settings need to cybergrooming. Specifically the law says: be made in these programs to prevent children and young people accessing “Whosoever […] presents a child with unlabelled pages Unfortunately parents pornographic illustrations or images, can only install such programs on their own audio recording media with computers; they have no control over what pornographic content or pornographic goes on outside their own home. speech, [...] shall be liable to imprisonment from three months to five Since 2011 the USK has also been years.” (section 176 (4) StGB) recognised for the age rating of, and appointed as the child protection officer for, Subsection 6 continues: online games pursuant to section 19 JMStV. “The attempt shall be punishable; this However, this law does not impose a testing shall not apply to offences under obligation. The provider alone decides subsection (4) Nos 3 and 4 and To prevent which age group the content and services subsection (5) above.” (section 176 (6) criminal of- are suited to. The providers of server-based StGB). fences, no police online games can access a free label officer will act as generator provided by the USK that can be Thus, the attempt alone is not punishable. used to display an age rating. However, in Spectacular cases such as “Operation a child and wait technical terms this label is only visible to Donau” by the Tuttlingen police showed to be spoken to. child-protection programs. Parents who that the legal position is not sufficient to put On the Internet a want to find out about the game on the web an effective stop to cybergroomers’ different situation page do not see this label. If the game can activities before a further offence such as presents itself: in also be bought on data-storage media, the the possession of child pornography or provider merely needs to visibly display the actual abuse is committed. The section of order to prosecu- USK mark that is found on the packaging of the StGB is fundamentally not geared to the te crimes, it the game either in text form or as a symbol situation on the Internet: in a playground would therefore on the web page under section 12 JuSchG there would be no need to ask the question be necessary to and JMStV. Further, on 8 February 2012 whether there was an attempt to present a the child-protection programs of Deutsche child with written materials to induce them work with Telekom, member of the FSM, and JusProg to engage in sexual activity or whether it children as bait. e.V. were first recognised by the actually happened. To prevent criminal Commission for Child Protection in the offences, no police officer will act as a child Media (KJM, 2012). and wait to be spoken to. On the Internet a different situation presents itself: in order to It should be remembered that there is a prosecute crimes, it would therefore be legal lacuna in relation to purely server- necessary to work with children as bait. In based online games: an age rating is not legal terms police officers and detectives displayed to the user on the page, but can disguised as children have no basis to only be recognised by upstream child- intervene, even if the opposite party protection software. assumes that a child under 14 is on the other side of the screen. The law 3.3 German Criminal Code enforcement agencies can only act if there are for example indications of the A further legal basis relevant to the issue of possession of pornographic material cybergrooming is the German Criminal depicting children. Although cybergrooming Code (Strafgesetzbuch, StGB). However, is defined as the approach phase for the the StGB again does not provide adequate sexual abuse of children (Rüdiger, 2012) protection against the spread of and often leads to actual abuse (Finkelhor, cybergrooming on the net as preventative 2008), the custodians of the law merely
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have a monitoring function as the law their responsibility to ensure that stands. However, this should not be children or young persons of the age dismissed out of hand. If there is no group in question do not usually come monitoring, offenders are not interrupted into contact with such offerings.” and can act unimpeded. This makes (section 5 (1) JMStV) n important educating the population all the more instrument in the important: incidents involving children need The FSM arrived at a definition in the first protection of to be reported in order to be properly decision of its board of complaint: children and investigated. “Offerings that, by significantly disrupting the standard sphere of young people is 4. Age rating of games and experience of children and/or young the age rating of people, may have a negative influence telemedia content content – be that on the development of the personality by way of a An important instrument in the protection of of children and young people that children and young people is the age rating contradicts the view of human beings printed label on of content – be that by way of a printed set down in the German Basic Law the packaging label on the packaging that attracts parents’ (Grundgesetz) and thus interrupts or that attracts attention – or in pure technical terms as a sets back their development into an parents’ attention label that can be read by child-protection autonomous person capable of freely software. Here the individual topics will be developing within the social – or in pure mentioned only briefly without going into community.” (FSM, 2004) technical terms any detail on the harmful impact on as a label that development. Further, the problems of This frequently-cited definition contains the can be read by current labelling will be explained. As question of the effects on acts, attitudes neither the Protection of Young Persons Act and spheres of experience of children and child-protection nor the Interstate Treaty on Child Protection young people. The measures of worth software. in the Media contains a precise definition of derived from the German Basic Law are the concept of harmful impact on seen as determinative in our society. The development, the explanation of the following deserve particular mention in the definition pursuant to FSM, one of the context of classifying the content into the recognised institutions of Voluntary Self- categories of erotica, violence and Regulation (Freiwillige Selbstkontrolle, extremism: FSK) pursuant to section 19 JMStV, shall ●● Respect for human dignity be used. Similarly, the stipulations of the ●● Equality USK are applied. ●● Democratic principles
4.1 Harmful impact on development Further, the classification of harmful impact pursuant to JMStV and Protection of can be determined by age groups as Young Persons Act children and young people of different ages are also differently susceptible to harmful The concept of harmful impact on impact on development. There are therefore development arose during the amendment no generally applicable yardsticks for of the JMStV in 2003. However, it was not children and young people; instead these precisely defined at that point. need to be seen in context (FSM, 2004). The Interstate Treaty on Child Protection is worded as follows: The USK Advisory Council determines and “Where providers distribute or make adapts the evaluation criteria of the USK. available offerings that are capable of The concept of harmful impact on impairing the development of children development is defined as follows in the or young people into autonomous and USK principles: socially-competent personalities, it is “Harmful impact is defined to be
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inhibitions, behavioural disturbances or games offer the opportunity to make contact damage caused by overstimulation, that can lead to sexual harassment. This excessive stress or over excitation. In concept of victimisation is not included in particular the content of games “which the considerations for the classification of inhibit character, moral (including games, online services and content. religious) and mental development, which cause disturbance or damage or Whilst games on physical media are tested which exert a disorienting effect in by the USK, the JMStV calls on providers of social ethics terms [may impair] the online games and other telemedia content development of children and young and services to themselves assess the people or their progress to becoming extent to which the content and services This is to be an autonomous and integrated member offered may have a negative impact on welcomed in of society.” (section19 (2) USK development. The basic requirement for relation to the Principles) this is the ability to put oneself in the problem of mindset of young people, to appreciate the cyberbullying, The USK examines 15 different dimensions influential impact of the medium of the of games that are considered to have an Internet within the everyday lives of the age and more so for influential impact (USK, 2011): groups in question and to know the cybergrooming, ●● Audiovisual realization of the game constitutionally-relevant values of our because an concept society. important point ●● Gameplay ●● Atmosphere 4.2 Age rating and cybergrooming has so far been ●● Realism ignored and the ●● Authenticity The USK or FSM criteria are by no means criteria need to ●● Human likeness set in stone. They could be adapted and be supplemented ●● Appeal to young people and extended. This is to be welcomed in relation identification potential to the problem of cyberbullying, and more in order to offer ●● Pressure to act so for cybergrooming, because an important effective protec- ●● Violence point has so far been ignored and the tion against ●● War criteria need to be supplemented in order to victimisation: the ●● Fear and threat offer effective protection against risk of anony- ●● Sexuality victimisation: the risk of anonymous online ●● Discrimination communication. mous online ●● Language communication. ●● Drugs Age ratings do not deal in any way with the risks of cybergrooming. The classification The USK’s explanations of its principles criteria discussed above for online media show that the sole consideration is the and games are unsuitable for identifying static content of games and telemedia potential risks, let alone tackling them. All content and their impact. However, only the previous classification criteria are primarily abovementioned aspects are deemed to based on examining the content of the have a relevant effect. game for the potential to impair or jeopardise development. In essence all that age The USK gives weight to a great many classification deals with is whether the dimensions; however, this perspective game contains excessive and/or inhuman includes nowhere the risk of a child levels of violence and/or whether becoming the victim of an offence. The fact pornographic content is presented. The that children are also exposed to other criteria used for age classification are still dangers that lie outside the USK criteria is based on the assumption that the user completely ignored. For example, not only plays alone and not communicating via the server-based games, but also console Internet. However, this is no longer in line
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with how media are used today. Nowadays youth protection officer pursuant to section hardly any games can conceive of not 7 JMStV, who has no authority whatsoever offering an option for online-based to issue instructions for dealing with interaction. The interaction and cybergroomers, or a pure block or ignore communication processes that take place function are quite simply not enough. This carry the risk of serious offences being in no way renders the offenders ineffectual. committed between the users. The They would simply aim their approaches at anonymity of the Internet encourages the the next child, or use a new account to particularly serious phenomenon of approach the same child again (Rüdiger, cybergrooming, which is extremely 2012). dangerous for children. The graphic design of a whole raft of online games and social 5. Need for reform platforms is targeted at children and young people (cf. Habbo Hotel, NeoPets, Given that the phenomenon is not limited to Knuddels). It is therefore natural that such Germany, partnerships need to be Providers should unsecure games and services used by developed that where possible also take be obliged to children are also extremely attractive to particular account of cultural differences, integrate paedophiles. Providers should be obliged even if it is not realistic for an international to integrate protective mechanisms as far strategy to be realised in the short term. protective as possible that prevent these risks of Conflicts even within Germany surrounding mechanisms as cybergrooming to the same extent as it the issue of child protection in the media far as possible targets or accepts children. However, show that we are still a long way away from that prevent almost all games today lack effective an international solution. For that reason security precautions – irrespective of reform proposals for Germany at least will these risks of whether they are available as physical be presented here. cybergrooming to media or purely online. the same extent 5.1 Legal reform of child protection in as it targets or It is important to note that many children the media accepts children. and young people do not even realise that they have been the victim of a criminal Given the fluid boundaries between online offence and this issue of sexual advances and offline, including with computer games, and harassment is trivialised within society. we see how essential a single point of Many parents are neither aware of this contact and statutory basis is that phenomenon, nor do they realise its extent. comprehensively covers the topic of child This can first be explained due to a protection. A differentiation between generational conflict which produces a computer games on physical media and situation where parents, teachers and other server-based ones that imposes differing persons of trust are unable to act as obligations as regards the protection of competent points of contact. Most parents children and young people does not reflect do not look at the pages their children visit reality and is quite frankly antiquated. on the Internet and therefore are not aware Alongside standardisation, the dynamics of of the specific dangers posed there. the processes need to be taken into Second, even parents who take the account. Complex statutory amendments protection of children and young people that invariably unleash an ideological battle seriously rely on the official age ratings of cannot offer any level of effective child the USK and the other competent actors. protection in the media that reacts to This where action is needed and the criteria changes in the market. For that reason for the age ratings revised. regulated self-regulation should be seen as the way forward. Unregulated voluntary action and existing Unlike conventional media, the nature of measures such as the appointment of a the Internet affords opportunities for
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interaction. The anonymity on the Internet communication are heeded and included in lowers the inhibitions that could protect the assessment. The foregoing discussion children and young people from victimisation regarding USK’s criteria for issuing age in the real world, e.g. in the playground. In ratings produces the following order to effectively pursue cybergroomers, recommendations for improvements the Criminal Code needs to be revised to regarding the classification of harmful make the very attempt an offence. The content and services for children and young focus should be on the intention of the people. offenders. In the first instance there is a need to adopt In view of the fact that the law differentiates a fundamental criterion for securing the between children, young people and adults, communication channel for online games Specifically, age groups should be adapted accordingly within the principles for evaluating games conditions may to prevent there being too many age groups and content. The new criteria should apply be imposed that on the Internet. A key contribution here are not only to purely server-based online oblige providers age verification systems in the form of games, but also console games (Wii, closed groups as set out in section 5 JMStV. X-Box, Playstation, Nintendo DS etc.), as to offer better This form of access restriction, chosen by these also offer the opportunity for online protection for the provider itself, should be promoted communication. children and more vigorously. Incentives should be young people if created to make it difficult for children to Specifically, conditions may be imposed they specifically access harmful content, even if they that oblige providers to offer better specifically seek it out. Conversely, more protection for children and young people if aim their games and above all secure surfing space needs they specifically aim their games at children: at children: to be created for children and young people. unsupervised communication channels put unsupervised children and young people at risk of communication 5.2 Paradigm shift regarding “harmful becoming a victim of cybergrooming or impact on development” other crimes. One solution is communication channels put exclusively by means of pre-defined children and It is not only the statutory position that sentences and words, as is already young people at needs to be simplified, but the transparency operated by certain child-appropriate chats. risk of becoming regarding the issue of age ratings also Also, the permanent presence of qualified requires improvement. Only after precise moderators can be an effective protective a victim of research can content and services be measure. Children should not be able to cybergrooming classified. However, how are consumers, take part in unsupervised chats. The quality or other crimes. parents and children to know what the age of the moderators, i.e. supervisory classification entails when they pick upa personnel and contact persons of a game product in their hands in the shop? Printing or chat, should be ensured. They are often the familiar label of the USK even larger on the first point of contact for children following the packaging is of little use. Instead, what sexual victimisation. At present operators it actually signifies should be made clearer. primarily deploy untrained lay personnel, One option would be to work with small known as game masters, who are recruited symbols, such as the pan-European PEGI from the gaming fraternity. A youth system, that provide more accurate protection officer appointed under the information about what can be expected Interstate Treaty on Child Protection in the from this game or content. Media cannot assume this role alone as this is inadequately specified under the What is also important is that the standard JMStV, nor does it have any influence over statutory assumption of the sole player is the quality of the other moderators. An abandoned and the risks of anonymous obligation to undergo associated training or and generally uncontrolled online proof of certification would be an important
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step in order to deal expertly with the digital world at as early an age as possible, consequences of sexual or other as well as instilling competence in parents victimisation. Certification similar to a and teachers, who are often unaware of certificate from the Chamber of Trade and what the Internet means to children. Industry could be set up. To prevent people Further, parents and teachers are also to with criminal motives being used as an extent overwhelmed by the topic or are moderators, the presentation of an not interested in it. In many cases they lack extended police record of good conduct fundamental knowledge about social should be mandatory. networks, opportunities and mechanisms on the Internet as well as communication As already outlined in the previous section, and interaction opportunities in online the discrepancy between the law and games and chat forums. The current classification criteria needs to be training landscape, in particular the schools, reconsidered. The age categories for has not yet arrived in the 21st century in games, telemedia content and services this regard. Even if the issue of Internet should be simplified – not only because it is security is a proposed subject on the difficult for many providers to classify their syllabus of 23 countries across Europe, the The issue here is own content correctly. Further, the law subject is the preserve of committed to familiarise makes a distinction between children, teachers, individual initiatives on the ground young people young people and adults. In the eyes of the or NGOs. This topic, which is crucial not with the digital law you are a child until the age of 14, and only for the future of children, but also world at as early a young person from 14 to 18. A society itself, is not accorded the classification, or at least a consideration, of significance it deserves in syllabuses nor in an age as this important age group is important for the teacher training. possible, as well protection of children and young people. as instilling The scope of protection from sexual abuse General compulsory education has ensured competence in and cybergrooming under section176 (4) that all children living in Germany have the (3) StGB covers people under 14, i.e. to opportunity to learn to read and write. This parents and children. This necessarily results in a includes children of all classes and teachers, who discrepancy in terms of the current age nationalities and is one of the guarantors of are often groups of the labels “approved for 12 and equality of opportunity and social justice. In unaware of what over” or “16 and over”. On the one hand the the field of media competence it is primarily law penalises sexual communication with the children of parents who read the Internet children under 14, but on the other gives newspapers who are reached by net and means to parents a false sense of security through flyer campaigns, but not those who are children. Further, the age approval from 12 years and above. already disadvantaged and whose media parents and This suggests that playing online games consumption is way below average. These teachers are also and the associated unsupervised issues require mandatory inclusion in communication is risk-free. For that reason teacher training. Media driving licenses to an extent the age limit of 14 years as provided for in should not be optional, but a fixed overwhelmed by the StGB should also be taken into account component of the syllabus. It is important the topic or are in the USK’s age rating. that the standard lessons in kindergarten not interested in and school also access parents in order to 5.3 Include media competence in the integrate them, too. This cannot be made it. syllabus solely the school’s responsibility – without parents the protection of young people will In closing we shall look at a key component not and cannot work as a general task of regarding child protection in the media that the education system. In order to embed is also often ignored by the political sphere: comprehensive media competence in the the issue of media competence. The issue syllabus, to include parents as well as to here is to familiarise young people with the make teachers and educators net-savvy,
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the government, providers, the public planned reform of the German Protection of sphere and schools all need to be pulling in Young Persons Act on 13 April 2012 by the the same direction. Federal Ministry of Family Affairs, Senior Citizens, Women and Youth to have online It also makes sense to embed these films and online games labelled in endeavours in the German Protection of accordance with the provisions of the Young Persons Act and the Interstate Protection of Young Persons Act is just a Treaty on Child Protection in the Media. first step. What we need is a true paradigm This should deal not only with obligations, shift. It is crucial that the distinction between but also specific measures. The majority of the virtual and real world in people’s minds NGOs already have the will, but insufficient is removed and a uniform, transparent law means to enable them to make an optimum with one point of contact for the protection contribution to imparting media of children and young people is put in place. competence. Public-private partnerships Few parents currently deploy child- The need for could serve to combine the standardising protection programs. For that reason it also reforming child and controlling qualities of the state with the makes sense to point out to parents and protection in the commitment of NGOs as well as the consumers the importance of age labelling financial means, technical resources and in the scope of child protection in the media. media in Germa- the excellent distribution opportunities This mark should also be identifiable at first ny has been afforded by providers. glance for online games. It is also important demonstrated. not only to evaluate the Internet’s static Good practice should be established so content when it comes to the protection of that sensitisation campaigns reach all young people. Rather, the communication children, parents, teachers and carers channels – the dynamic processes – also across the EU at all times. Effective need to be part of the consideration of the sensitisation strategies take into account context to tackle the potential victimisation the different states of development of of children and young people. younger and older children and young people and concentrate in particular on the This needs to take into account the fact that youngest children and those most in need the development of technologies is of protection, including those with learning advancing at an ever-increasing pace, difficulties and mental disabilities. At the meaning that there is usually little time for same time mutual education amongst time-consuming amendments to the law. children of different ages represents an Germany’s inability to react dynamically to important strategy in making children of all changes in the market can be seen by the age groups aware of their rights and fact that the treatment of online games is responsibility in the online context. still not adequately regulated in Germany, whilst for instance the pan-European In line with the concept of voluntary self- system PEGI – which applies in all other regulation, the resources of the Internet European countries – has covered online community and users should also be used. games since 2003 and included apps for These are directly involved in actual events smartphones and tablets in its evaluations and could provide useful pointers. This as early as 2012. means that self-regulation is not only ensured by providers, but also the users. A further issue poses an even greater problem than the speed of market 6. Conclusion and outlook development for the protection of children and young people: as early as 2008 Google The need for reforming child protection in announced that there are now 1 trillion the media in Germany has been URLs on the Internet (Google, 2008). This demonstrated. The announcement of a figure has in all likelihood increased since
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then. Conversely there are currently over 15 7. Literature million pages with a “.de” domain (DENIC eG, 2013). Although this is not the equivalent Google (25 July 2008): We knew the web of all pages originating in Germany, it can be was big… Alpert, Jesse; Hajaj, Nissan. assumed that the German legal position can Available online at http://googleblog. only regulate a fraction of pages that can be blogspot.de/2008/07/we-knew-web-was- accessed in Germany through the Protection big.html, last checked on 14 January of Young Persons Act, the Interstate Treaty 2013. on Child Protection in the Media and the DENIC eG (14 January 2013): www.denic. German Criminal Code. These laws have de. DENIC eG. Available online at www. Good solutions no influence over pages that lie outside the denic.de, last checked on 14 January require compe- jurisdiction that ends at the borders of the 2013. tent specialists Federal Republic of Germany. In the long Döring, Martin; Günter, Thomas: term only cross-border cooperation can Jugendmedienschutz: Alterskontrollierte who devise and result in effective protection against content geschlossene Benutzergruppen im test recommen- that is capable of having a negative impact Internet gem. § 4 Abs. 2 Satz 2 JMStV. In: dations to make on society. MMR, 4/2004, pp. 231-237. Available the Internet safer online at http://www.jugendschutz.net/ for those who In order to provide children and young pdf/mmr_avs.pdf, last checked on 14 people with an adequate level of January 2013. urgently require competence, to make them secure in their Dyckmans, Mechthild (2012): Drogen- und society’s values and to sensitise society accordingly, Suchtbericht. Ed. by Die Drogenbe- protection: the issue of media competence should be auftragte der Bundesregierung. Available children and embedded in school syllabuses. IT is online at http://www.drogenbeauftragte. already offered as a working group or a de/fileadmin/dateien-dba/Presse/ young people. taught subject in many secondary schools. Downloads/12-05-22_ However, the focus there is more on DrogensuchtBericht_2012.pdf, last technical aspects and less on social checked on 14 January 2013. competence on the Internet. Finkelhor, David (2008): Childhood victimization. Violence, crime and abuse It is essential for preconceptions and in the lives of young people. New York: entrenched positions to be overcome if Oxford University Press. standardised protection of children and Freiwillige Selbstkontrolle der Multimedia- young people is to be established. Net Diensteanbieter (2004): Der Begriff der activists should be increasingly integrated Entwicklungsbeeinträchtigung in § 5 des into child protection in the media to prevent Jugendmedienschutz-Staatsvertrags. them from being forced into an oppositional Ed. by FSM. Available online at http:// corner. Free expression of opinions and www.fsm.de/de/ access to information are not contrary to entwicklungsbeeintraechtigung, last the protection of children and young people. checked on 14 January 2013. Good solutions require competent Haddon, Leslie; Livingstone, Sonia; EU specialists who devise and test Kids Online network (2011): EU Kids recommendations to make the Internet Online: National perspectives. Ed. by EU safer for those who urgently require Kids Online. Bristol. Available online at society’s protection: children and young http://www2.lse.ac.uk/media@lse/ people. research/EUKidsOnline/EU%20Kids%20 III/Reports/PerspectivesReport.pdf, last checked on 14 January 2013. Hasebrink, Uwe; Lampert, Claudia; Schröder, Hermann-Dieter; Drosselmeier, Marius (2011): Jugendmedienschutz aus
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Sicht der Eltern. Kurzbericht über eine %2F%2Finstitut-kreative-wissenschaft. Studie des Zweiten Deutschen com%2Fapp%2Fdownload%2F5780972 Fernsehens. Ed. by Uwe Hasebrink. 045%2FCybergrooming%2Bin%2Bvirtue Hans-Bredow-Institut für Medien- llen%2BWelten%2BDeutsche%2BPolize forschung an der Universität Hamburg. i%2B2_2012.pdf&ei=Nmf0UImhA8ntsgb Hamburg. Available online at http://www. e44GACg&usg=AFQjCNFzQRMGqjYN4 unternehmen.zdf.de/fileadmin/files/ qY6hdA23_6iE8w1Rw&sig2=FLUS4IaQ Download_Dokumente/DD_Das_ZDF/ oqgeO1KTi1QC9w&bvm=bv.135770018 Veranstaltungsdokumente/ZDF-Studie_ 7,d.Yms, last checked on 14 January Jugendmedienschutz_aus_Sicht_der_ 2013. Eltern_2011.pdf, last checked on 14 LBS-Kinderbarometer (29 October 2012): January 2013. Kinder und Internet: Kontakte pflegen ja Katzer, Catarina (2007): Gefahr aus dem – neue Freunde eher nicht. Dr. Christian Netz. Der Internet-Chatroom als neuer Schröder. Available online at http://www. Tatort für Bullying und sexuelle lbs.de/bremen/presse/initiativen/ Viktimisierung von Kindern und kinderbarometer/kinder-und-internet, last Jugendlichen. PhD thesis. Cologne checked on 14 January 2013. University, Cologne. Faculty of Schulz, Wolfgang; Held Torsten (2002): Economics and Social Sciences, last Regulierte Selbstregulierung als Form checked on 14 January 2013. modernen Regierens. eine Studie im Kommission für Jugendmedienschutz (9 Auftrag des Bundesbeauftragten für February 2012): KJM erkennt erstmals Kultur und Medien (Endbericht). Ed. By zwei Jugendschutzprogramme unter Auf- Hans-Bredow-Institut für Medien- lagen an. Kommission für Jugendmedien- forschung an der Universität Hamburg. schutz Available online at http://www.kjm- Hans-Bredow-Institut für Medien- online.de, last checked on 14 January forschung an der Universität Hamburg. 2013. Hamburg (Arbeitspapiere des Hans- Medienpädagogischer Forschungsverbund Bredow-Instituts Nr. 10, 10). Südwest (2011): KIM-Studie 2010. Kinder Spitzer, Manfred (2012): Digitale Demenz. + Medien, Computer + Internet. Ed. by Wie wir uns und unsere Kinder um den Medienpädagogischer Forschungsver- Verstand bringen. Munich: Droemer bund Südwest. Stuttgart. Available online Knaur. at http://www.mpfs.de/fileadmin/KIM- Unterhaltungssoftware Selbstkontrolle pdf10/KIM2010.pdf, last checked on 14 (2011): Grundsätze der Unterhaltungs- January 2013. software Selbstkontrolle (USK). Ed. by National survey of American attitudes on USK. Available online at http://www.usk. substance abuse XVI: teens and parents de/fileadmin/documents/Publisher_ (2011). Conducted by: QEV Analytics, Bereich/USK_Grundsaetze_2011.pdf, Ltd. Knowlegde Networks. The national last checked on 14 January 2013. center on addiction and substance abuse Unterhaltungssoftware Selbstkontrolle at Columbia University. (2011): Leitkriterien der USK für die Rüdiger, Thomas Gabriel: Cybergrooming jugendschutzrechtliche Bewertung von in virtuellen Welten – Chancen für Computer- und Videospielen. Ed. by Sexualstraftäter?, 2/2012). In: Deutsche USK. Available online at http://www.usk. Polizei, 2/2012, pp. 29–35. Available de/fileadmin/documents/2011-06-27_ online at http://www.google.com/url?sa=t Leitkriterien_USK.pdf, last checked on &rct=j&q=&esrc=s&source=web&cd=4& 14 January 2013. cad=rja&ved=0CEwQFjAD&url=http%3A
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About the author
Ines Kawgan-Kagan was born in Berlin in 1982 and studied public administration at the University of Applied Sciences for Administration and Legal Studies and the sociology in the European Societies master’s programme at the Free University Berlin. She is the mother of four children and up to December 2012 she dealt with issues including the protection of young people in the media at the Deutsche Kinderhilfe.
Special Edition 2013 69 Technical Approaches for the Detection of Criminal Activities in Online Environments
Technical approaches for the detection of criminal activities in online environments
Prof. Dr.-Ing. habil. Ulrike Lucke
Abstract This article is focused on the discussion on Cyber-Grooming from a technical perspective. After a short introduction to the phenomenon and its societal significance, relevant online environments are presented. Moreover, the activities to be recognized in such worlds are discussed in more detail, and targeted approaches for their detection are presented. In the following, a methodology to automatically detect suspicious activities ─ based on current mechanisms from computer science ─ is proposed. The article concludes with a summary of possible countermeasures for Cyber-Grooming, including the prerequisites, outcomes, and limitations of technical detection mechanisms.
1. Which problem do we address? exploited by pedo-criminals in a targeted manner [3]. Such initiations of sexual The EU has explicitly admitted to making interactions with minors are called Cyber- the Internet a safer place for kids and Grooming [5][15]. Kids primarily minors [8]. From a technical point of view, the discussion in the EU on protecting This important, but not yet sufficiently explore the children is finally focused on the question to covered topic was primarily addressed by internet by just block or completely delete harmful the symposium “Protection of Children and starting to play websites. This is not targeted to current Minors in the Internet – Perils of Virtual games, not by online environments (like virtual worlds, Worlds” on 19 September 2012 in Brussels surfing the Web. browser games, or online apps), but is [9]. Starting from a criminological overview stuck to an out-dated content-oriented (not: of the phenomenon, aspects of law, society communication-oriented) view on classic and IT for protecting kids and minors Web pages with text, images, audio, or against Cyber-Grooming have been video. considered by respective experts, and first experiences with virtual police offices in an Moreover, those static Web pages are not online game for kids have been presented. in the primary focus of minor users. Kids In the following, the political consequences primarily explore the internet by starting to have been discussed with representatives play games, not by surfing the Web [16]. of EU commission and parliament. All Those online environments are especially participants agreed that the Internet is an attractive because of their possibilities to important part of today’s media reality, and interact and communicate with other that providing related skills as well as an players (like shared game experience, adequate protection of minors are a central chats, etc. to find and maintain friendship). goal of our efforts. There are certain offers in the Internet with a design and game mechanism that is As a result, there were identified particularly suitable for children, where they shortcomings of law, investigation, are especially exposed to enter close prosecution, and prevention; and a first emotional relationships with others. catalog of possible countermeasures was Besides other legal issues, this is intensively gathered. Among others, a new age rating
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(age levels, criteria, and responsibilities), including places and typical activities an adequate media-related instruction of to be carried out. Prominent examples Moreover, the kids as well as training of other involved are Second Life3 (mainly targeted to development of players (teachers, police men, state adults), Habbo Hotel1 (targeted to technical means attorneys, system providers), and a general kids aged 12 to 18) or Panfu4 (no age to detect and sensitizing of the society for the perils of classification). They are accessed via interaction and communication in the browser interfaces or dedicated client block suspicious Internet were proposed. Moreover, the software; the world models and activities in online development of technical means to detect interactions are buried on a central environments and block suspicious activities in online server. Virtual worlds do not offer a were discussed, environments were discussed, which need dedicated story or goal to their users, to be balanced between safety and privacy. but are focused on the imitation of which need to be Further efforts to elaborate and implement real-life activities and relationships. balanced the mechanisms mentioned above will Users are present by means of their between safety follow in the near future. avatars, which are often far more and privacy. different to their real-world counterpart This article presents a more detailed view than the world itself is. This opens up on technical issues of how to detect and several possibilities for social prevent criminal activities like Cyber- interactions beyond traditional Grooming. In section 2, a short overview on borders of ethnics, religion, age, or covered systems is provided. Section 3 gender. This is of certain benefit for gives an impression of activities in those inclusion in settings like online environments that can be automatically learning [6], but can also be exploited monitored. Section 4 presents some current by pedo-criminals to establish illegal mechanisms that can be facilitated to contact with minors [5]. implement this, as well as an overall system ●● Online games are associated with a architecture to realize detection and specific story line, often based ona blocking of suspect activities. Finally, complex background philosophy, section 5 draws a conclusion of technical which requires the user to fulfill certain possibilities and necessary work. tasks or quests in order to reach a higher goal or level. Prominent 2. Which platforms do we need to examples are World of Warcraft5 consider? (scope: adventure, targeted to adults) or Oloko6 (scope: farming, targeted to Public discussion on cases of Cyber- kids aged 6 to 12). Online games can Grooming was mainly focused on specific also be played in the browser window platforms like Habbo Hotel1 or Freggers2. or using dedicated client software; as They are explicitly designed for and offered in virtual worlds, the modeling and to children. This comes along not only with simulation of objects, avatars and special topics, stories, and designs, but interactions is realized on a central also with simplified registration and server. Because of the fictitious authentication procedures that make it hard nature of a game, avatars are usually to lock out unwanted users. designed with lots of fantasy, hiding In general, such online environments the real-life person behind it. While can be characterized as follows: gameplay itself is headed towards a
●● Virtual worlds provide a more or less realistic copy of the real world, 3 https://secondlife.com/ 4 http://www.panfu.com/
1 http://www.habbo.com/ 5 http://eu.blizzard.com/en-gb/games/wow/
2 http://www.freggers.com/ 6 http://www.oloko.com/
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pre-defined goal (and therefore enter the system, either for getting the activities are usually restricted to this software (e.g. app download) or as a storyline), some platforms offer monthly fee. This hurdle is often avoided for mechanisms for free interaction solutions targeting kids, since payment can between users following a shared usually not be realized without knowledge game experience. Again, this can be of resp. support by parents. Other products used for establishing unwanted or are free to use, but players have to pay for illegal contact between players [15]. advanced features like weapons, furniture, ●● Mobile apps are a category which can pets, or food. This payment model may be seen as orthogonal to the previous expose kids to financial dependency from ones. Today, several platforms are other players, e.g. when they got a virtual extended by a mobile component for pet as a gift and don’t have means to feed it access via smartphones or tablet [20]. PCs. This includes both, virtual world simulations as well as game-based Considering these types and characteristics This payment approaches. Moreover, some apps of online environments, technical model may do not require an internet connection. mechanisms for monitoring of suspicious expose kids to Thus, they are not vulnerable to mis- activities are restricted to server-based use of communication features. approaches for two reasons. First, stand- financial depen- Prominent examples are Nighty alone tools9 do not support communication dency from other 7 Night (scope: animal care, targeted with other users and thus are not prone to players, e.g. to kids ages 1 to 4) or WordFeud8 mis-use for Cyber-Grooming. Second, when they got a (scope: word puzzle, targeted to governmental surveillance should keep virtual pet as a player aged 10 or higher). Mobile away from private property and data of access simplifies connection to the citizens (including their computers and gift and don’t online environment and strengthens software) [19], while commercial providers have means to the relationship between the users may be subject to regulation (e.g. for feed it [20]. and his/her digital self. As in above certification as a child-safe environment) categories, apps can include and thus may be forced to install monitoring traditional forms of communication tools [22]. and content dissemination, like chats or forums. 3. Which activities do we need to monitor? Platforms as described above are attractive to large amounts of users, because they This section provides a more detailed are apparently different to the real world analysis of activities in online environments and allow them to escape from their every- that should be subject of monitoring. The day routine or the problems of adolescence. focus is on issues that allow for an Moreover, they offer some kind of automated detection. This implies that persistency that allows them to create an there may be other events or content authentic experience for a high degree of elements that would not be rated as harmful immersion. by technical solutions, but should be from a more general perspective. That’s why From the providers’ perspective, attracting users is crucial for financial success. 9 Theoretically, there is the third category of peer-to- However, there are different business peer applications, which is unequally harder to moni- models. Some products require payment to tor. Those applications do neither rely on a central server nor do they reside on an single client, but they rather evolve from redundant, bilateral connections between nodes (clients) in a network. This architec- 7 http://www.goodbeans.com/products/nighty- ture is well known from file sharing applications. night However, there was not yet a case reported on illegal 8 http://wordfeud.com/ contact with children using such an approach.
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accompanying approaches like virtual “s3x” or “s_x” for the word “sex” [20]. That’s police officers in online worlds should be why emphasis should be put on management followed, additionally [13]. Moreover, of those lists of bad words, e.g. using automated detection implies a risk to find a community approaches (providers and/or supposed hit where no criminal or users that mutually exchange new bad dangerous behavior took place. For this words). Second, the validity of used reason, technology can always just help to proximity measures has a strong impact on detect, to supply evidence, and to quickly the accuracy (average ratio of false positives react in questionable situations. However, and false negatives compared to the whole technology can never judge on people. amount of text) of an algorithm. Here, the Personal rights, ethics and privacy are combination of several independent above any rating supposed by technology characteristics can be used to increase the [10], and should be carefully considered overall accuracy. during the design of a reporting system. Available mechanisms for e-mail spam 3.1 Text detection demonstrate that such mechanisms work well for specific areas of The most easy-to-monitor category of application. However, there is some ongoing The approach of content elements is written or spoken research on this topic that might be of using games language. (Spoken language can be interest for the detection of Cyber-Grooming translated into written text on-the-fly by attempts, as well. The approach of using theory addresses voice recognition techniques [1]. Such games theory addresses the inherent the inherent systems have proven their maturity e.g. in problem of predator and prey: Every action problem of telephony, in current game consoles and on one side causes the other party to adjust predator and smartphones, or for supporting people with its strategy. This can be facilitated for disabilities. Thus, spoken text can be innovative detection mechanisms to break- prey: Every automatically analyzed using the same through this loop [4]. Another approach is to action on one methods as for written text.) If provided in use ontologies in order to recognize side causes the written form, text can be searched for pre- semantics behind a text. This can help to other party to defined patterns or any other irregularities detect if somebody is obviously not speaking adjust its that are used to classify if it contains about what’s the primary meaning of his unwanted content. words, i.e. if there is an inconsistency in his strategy. message [7]. In general, an algorithm to monitor text messages and to rate them according to There are some alternatives to automated given threats [21] looks as follows: text classification that should be considered. If all communication (e.g. chat) is moderated 1. if necessary, speech / character by a human supervisor, sending of each recognition message requires approval. This is realized 2. detection of bad words (and for common office hours in some games circumscriptions) like Panfu. Another option is to allow only 3. calculation of proximity measures pre-defined text blocks for messages, 4. classification of message which should work for limited scenarios like sending friendship requests and status The accuracy of results is determined by updates. Both mechanisms can be two variables, which come into play in steps combined, e.g. only pre-defined text blocks 2 and 3 of this algorithm. First, the list of bad as long as chat is not moderated. However, (i.e. unwanted) words needs to be defined, these mechanisms make sense only in manually. This includes circumscriptions of small user groups, and they require the these words (e.g. using so called ASCII art provider to pay some additional effort. or wildcards) used by creative senders, e.g.
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3.2 Graphics necessary. Currently, a lot of research on visual computing is done, so new and While textual content is comparatively easy improved algorithms will be available in the to analyze, visual information is harder to future [18]. Anyway, porn blockers have classify. This includes static images as well proven that these mechanisms can already as dynamic media objects like animations work quite well. or videos. Again, the latter, more complex types can be reduced to single, static Besides analyzing the content represented scenes (so called frames) for analysis. This by an image or video, more simple (yet may not be necessary for every single effective) means can be applied to the frame, since modern video encryption is names and locations of these objects. For While textual typically based on a number of intermediate example, the name of a file may in some content is frames containing only partial information cases give a hint on its content, and it is comparatively derived from previous or following frames much easier to analyze using the easy to analyze, [14]. Thus, for reasons of performance approaches presented in the previous video analysis may be restricted to so section. Moreover, sites that are known to visual information called i-frames containing complete scenes deliver un-wanted content can be handled is harder to (e.g. one per 0,5 seconds in MPEG-1 and in a similar manner, like successfully classify. This -2 videos, one per 10 seconds in MPEG-4 exploited for email spam detection (so includes static videos) without loss of precision. called black or grey lists of hosts under suspect). Images or videos may only be images as well As for textual content, a general algorithm subject of enhanced visual analysis if they as dynamic for analyzing visual content may look as successfully passed these simple tests. media objects follows: like animations or There are some alternatives to automated videos. 1. comparison with rated content verification of visual media, as for textual 2. calculation of similarity measures content. First, upload or linking of graphics 3. classification of image may require approval by a moderator. 4. if necessary, repeat this for single Second, users can be forced to use pre- frames defined image libraries that are restricted to “safe” content. Again, a combination of Again, the quality of results is determined these approached is possible, e.g. beyond by two aspects. First, the specificity of pre- office hours the use of individual content defined images has a strong impact. A may be prohibited. database of very typical images of un- wanted content is required. Second, 3.3 Complex activities calculation of similarities between these images and the current content object is The most complex types of activities to be crucial. Objects may vary in size, color, detected are those consisting of individually direction, perspective, etc. ─ that’s why un-suspicious elements that unfold their risk several possible operations for transforming potential only in its entirety. Unfortunately, visual content (like scale, rotate, skew, this corresponds to the most dangerous distort, dye, shade, etc.) have to be applied type of Cyber-Groomers who’s patiently and combined in order to test if any similarity establishing a personal relationship to his to previously rated content can be created. later victim [20]. Thus, stream-based The accuracy of results increases with the detection mechanisms as described above amount of rated content to compare, and cannot help here. Rather, data on all with the complexity of comparisons to be interactions between users has to be logged carried out. However, the available time for in order to have it available for later analysis processing is limited by the given ratio of ─ a very critical approach in terms of privacy. frames to analyze, so a trade-off is
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Obviously, it is not feasible to continuously However, this requires the discovery of transmit data on all activities of all users in typical activity patterns of Cyber-Groomers all virtual worlds to a central law enforcement as well as their formal description. agency, even if limitations of national law were resolved. Besides respecting private Additionally, established community interactions between users, the pure mechanisms like report-buttons for users amount of incurring data will forbid this can help to collect relevant information. approach. Several means may help to cope Users can provide hints on suspicious with these problems: behavior with just a few clicks. This creates valuable data for automated detection ●● Suspicious activities follow typical mechanisms, since preceding activities can patterns. This may be to send similar act as training data, too. messages to a number of other users in short time, to repeatedly send 3.4 Putting it all together messages to the same person by using different accounts, or to The combination of all methods described unilaterally finance the virtual above leads to a multi-level approach for belongings of another user. Not all the detection of suspicious online activities. aspects of interactions need to be The following diagram provides a graphical logged, but only the elements of those representation of these mechanisms, patterns. using the notation of a process model. ●● For detection of those patterns, it is Logging all communications and item- not necessary to know the exact based interactions, as well as analyzing identities of related users, but just to communications are parallel processes, Thus, identities differentiate between several accompanied by optional human of users can be accounts and user classifications like moderators and virtual policemen. Please hidden by age-range and gender. Thus, note that the focus of the presented identities of users can be hidden by process model is on monitoring tasks, i.e. assigning assigning pseudonyms10 which can common activities of users or providers of pseudonyms be resolved only by the providers of online environments are displayed only as which can be virtual worlds. This can be compared long as they are relevant for the detection resolved only by to masking the origin of a computer of suspicious activities. by an IP address, which can be the providers of resolved by the responsible internet virtual worlds. provider. ●● Finally, information on users and their interaction should remain inside the platform of the provider as long as possible in order to avoid misuse. Accumulated reports can be transmitted to law enforcement agencies, which in turn can request to fully log data on relevant users and their interactions in order to collect evidence.
10 Please note that users of online environments typi- cally act under a user name, so later assignment of pseudonyms to these user names is yet a second step to hide their identity.
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Figure 1 Communication between users can be subject of continuous monitoring. Moreover, all interactions can be logged and analyzed regarding suspicious activity patterns.
The process of automatically checking a message (including textual and visual content) is now explained in more detail in the following diagram.
Figure 2 A message is split into textual and visual components, which are subsequently analyzed. Finally, a message will pass or fail these tests.
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Up to now, the description of algorithms to The benefits of such a solution are that analyze textual or visual content elements every decision (in our case: on approval or was rather vague. The next section provides rejection of a message to be classified as in introduction to technical possibilities for suspicious or not) can be justified in terms this analysis. of the rules that have been applied. Moreover, there is experience from several 4. Which mechanisms can we use application fields that are dealing with rule- for detection? based systems for several years.
The description of image analysis revealed However, there are some weak points. First that a tradeoff between performance and of all, the success of this approach depends accuracy of detection algorithms may on the precision and completeness of given become necessary, given the limited time rules. This requires explicit modeling of for analyzing and rating messages in a knowledge in the respective field, which is a stream. Moreover, technology asks for challenge where empirical data is still another tradeoff between accuracy and missing or not yet valid enough. For the transparency, since transparent detection field of Cyber-Grooming, extensive algorithms (i.e. those who come along with empirical studies will be necessary in order a reason for their rating) tend to be rather to make pattern of offenders and victims error-prone, and vice-versa. The next two explicit, before automated detection based sections present relevant approaches at on such rules can be applied. Finally, For the field of either ends of this scale, followed by a third complex rule sets make high demands on Cyber-Grooming, section describing a system architecture processing power. Current research on extensive that integrates such algorithms and tools answer set programming [11] will help to into a complete framework. tackle this problem. empirical studies will be necessary 4.1 Rule sets These pro’s and con’s make rule-based in order to make systems more appropriate for textual pattern of Rule-based systems are a well-studied analysis in the detection process described approach to make knowledge of human above. offenders and experts explicit and interpretable by victims explicit, automated processing. Such an expert 4.2 Artificial neural networks before automa- system defines a set of conditions on how ted detection to handle incoming data [12]. For this At the contrasting end of the scale, a well- based on such purpose, it consists of two kinds of machine- known computational approach inspired by readable information: nature is available. Artificial neural networks rules can be imitate the structure and behavior of a brain applied. ●● A knowledge base contains a set of in order to make a decision [2]. A number of information that was proven to be switching elements (neurons) are arranged true. in a multi-layered architecture. They are ●● An interference engine describes a connected with some preceding and set of operations how this knowledge subsequent switches following a given as well as incoming data can be topology. Each connection is associated transformed. with a certain weight in order to strengthen or weaken the transmitted signal. Moreover, The expert system tries to infer new every switch has its own scheme to derive statements from this basis, with the final an output signal from the set of incoming goal to conclude with a statement on signals. The overall output is calculated by approval or rejection of the message to be the switches in the last layer. A network classified. functions as follows:
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●● In an introductory learning phase, the following system architecture is proposed. artificial neural network is confronted with training data and the desired results of processing. The switching elements adjust the weights along their interconnections as well as their internal calculation schemes. Officials from ●● In the working phase, the network can police, law be confronted with new data that has enforcement, etc. to be classified. do no longer
Such an approach can be applied even to need to tightly complex data or problems, since there is no keep pace with direct equivalent of the problem description technological in the structure of the system. Thus, no progress. Rather, explicit definition of rules is required, and Figure 3 The proposed system they can focus on the network (as well as processing time) architecture decouples police work will not necessarily grow with the complexity and law enforcement from monitoring, of the problem. Provided that a sufficient technological issues of single online analyzing, and set of training data is available, proper worlds, while keeping privacy of users. tracking criminal functioning of the network can be Additional benefit is provided for behavior. established without expert knowledge. All parents to monitor their kids’ online calculations are available within few activities. computational steps necessary for propagating the input data through the Besides technical issues on where to neural network structure. handle which types of data, this layered architecture provides a strong benefit in At the other hand, the success of this decoupling legal authorities from system approach heavily depends on the quality of providers. Officials from police, law training data and the training process. enforcement, etc. do no longer need to Thus, empirical data is required to some tightly keep pace with technological extent also for this approach. The main progress. Rather, they can focus on drawback of neural networks is that they do monitoring, analyzing, and tracking criminal not provide any justification for their behavior. A dedicated interface allows them decisions. Thus, they can be used to to enter new case descriptions (i.e. patterns prepare a recommendation or to generate derived from their investigations) that are short-term warnings, but not to create or used to analyze upcoming activities in collect evidence. several online environments, independently from their technical connection. These pro’s and con’s make artificial neural networks more appropriate for visual On the other side of the system, interfaces analysis in the detection process described to providers are established in order to above. integrate different online environments into the monitoring system. Currently, 4.3 Detection architecture engagement like this is voluntary and very limited. Legal initiatives should force Following the discussions on how to providers of online environments to analyze different types of content, how to integrate a plug-in of the monitoring system handle private data, and how to integrate into their services in order to get a certificate into the existing hardware / software as a child-safe place. structure of online environments, the
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Another feature of the proposed system is availability of interfaces to virtual an optional parental interface. Here, environments, where plug-ins to the parents can get some possibilities to monitoring system can be entered. Since request reports on the activities of their providers will not have intrinsic motivation to kids. Of course, privacy should be provide such interfaces, public pressure or considered, i.e. reports should be regulations by law may force them to actively accumulated, and detailed information on participate in protection of minor users. dedicated activities should be given only in case of severe warnings. 5.2 What we can provide
Another added value from the cooperation As soon as detection mechanisms are of these parties is to integrate automated installed, they can provide alerts on mechanisms for learning by feedback. suspicious activities. They can be presented Such an additional input can be decisions directly to player, but also to their parents, on messages by moderators, assessment to providers of online environments, as well of complex situations by law enforcement, as to law enforcement. and others more. Automated detection mechanisms must be able to improve their Moreover, a monitoring system can help to capabilities, as human supervisors would collect evidence in case of a suspect or later do. Such mechanisms of machine learning trial. This can be information on the date, are subject of current research [17]. time and (virtual) place of an activity, on the person(s) involved, as well as on details on Another issue It should be noticed that the generic these activities. Given an official criminal approach described here is not specific to investigation, these data can be forwarded that technology Cyber-Grooming, but can be transferred to from providers to law enforcement. cannot solve is to several fields of crime, like economics, reason about the terrorism, sedition, and so on. 5.3 What we cannot detect goal of a user. Independently of the technical implemen- Does he/she act 5. Conclusion tation and surrounding conditions, there are with criminal Computer science provides several means some aspects that technology can hardly (if intent? Questions to automatically monitor and assess user at all) provide. One of these is identity: Is a like these will activities in online environments. This user the one he/she claims to be? The always require article presented a rough overview, but internet is based on the virtualization of further work is necessary to implemented identities. While biometrical data is reliable human judge- the presented concept and mechanisms. in local settings, digital transmission of ment. identifying information is prone to 5.1 What we need manipulation. This is even harder is case of minor users. There are some mechanisms A basic requirement for all approaches (like post-ident) to ensure that a user is presented above is the availability of above a certain age, e.g. for adult offers. observable behavioral patterns of offenders These solutions are not capable to ensure and victims with related probabilities of a that a user is below a certain age, since criminal suspect. This must be specific for children typically to not have identifying certain criminal activities as well as for documents. At least, their identity can easily certain national law. Thus, sophisticated be stolen by related persons. Another issue empirical research in criminology (in relation that technology cannot solve is to reason to sociology and/or psychology) is necessary. about the goal of a user. Does he/she act with criminal intent? Questions like these Another condition for successful realization will always require human judgement. of the solution presented above is the
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References Paper, October 2012. http://apache.cs. uni-potsdam.de/de/profs/ifi/mm/ [1] M. A. Anusuya, S. K. Katti: „Speech positionpaper-CyberGrooming-EN.pdf Recognition by Machine, A Review”, Int. [10] European Convention on Human Journal of Computer Science and Rights, ETS 5; 213 UNTS 221, Rome, 4 Information Security (IJCSIS) 06/03, November 1950. Dezember 2009, S. 181-205. [11] M. Gelfond: «Answer sets», in: [2] C.M. Bishop: “Neural Networks for “Handbook of Knowledge Pattern Recognition”, Oxford: Oxford Representation”, Elsevier, 2008, pp. 285- University Press, 1995. 316. [3] S. W. Brenner: “Is There Such a Thing [12] A. Gupta, C. Forgy, A. Newell, and R. as ‘Virtual Crime’?”, 4th California Wedig: “Parallel algorithms and Criminal Law Review, 2001, pp. 105-11. architectures for rule-based systems”, [4] M. Brückner, C. Kanzow, T. Scheffer: SIGARCH Comput. Archit. News, Vol. 14, „Static Prediction Games for Adversarial No. 2, May 1986, pp. 28-37. Learning Problems”, Journal of Machine [13] S. Jacobsen, M. Mulder: „Dutch police, Learning Research (JMLR), Vol. 13, vision on youth and internet“, in this issue. 2012, S. 2617-2654. [14] R. Koenen (Ed.): “Coding of Moving [5] K.-K. R. Choo: “Online child grooming. A Pictures and Audio”, ISO/IEC JTC1/SC29/ literature review on the misuse of social WG11, Moving Picture Experts Group, networking sites for grooming children for März 2002. sexual offences”, Australian Institute of [15] C. Krebs, T. Rüdiger: „Gamecrime und Criminology, 2009. Metacrime: Strafrechtlich relevante [6] F. Collins, D. McCormick: “Digital Selves: Handlungen im Zusammenhang mit Lessons from Second Life”, in Proc. virtuellen Welten“, Verlag für World Conf. on Educational Multimedia, Polizeiwissenschaft, Dezember 2010. Hypermedia and Telecommunications [16] S. Livingstone, L. Haddon, A. Görzig, (Ed-Media) 2011, S. 3405-3411, K. Ólafsson: „EU Kids Online“, Final Chesapeake, VA, USA : AACE, 2011. Project Report, 2011. [7] X. Deng, V. Haarslev, N. Shiri: [17] M. Mohri, A. Rostamizadeh, A. “Measuring Inconsistencies in Talwalkar: “Foundations of machine Ontologies”, in Proc. 4th Europ. Conf. on learning”, Cambridge, MA : MIT Press, The Semantic Web: Research and 2012. Applications (ESWC ‘07), Berlin : [18] T. Morris: “Computer Vision and Image Springer, 2007, S. 326-340. Processing”, Palgrave Macmillan, 2004. [8] Directive 2011/93/EU of the European [19] Andreas Pfitzmann: „Contra Online- Parliament and of the Council of 13 Durchsuchung“, Informatik Spektrum December 2011 on combating the sexual 31/01, Februar 2008, S. 65-69. abuse and sexual exploitation of children [20] T.-G. Rüdiger: „Sexualtäter in virtuellen and child pornography, and replacing Welten“, in this issue. Council Framework Decision 2004/68/ [21] N. Spirin, J. Han: “Survey on Web Spam JHA. Official Journal of the European Detection: Principles and Algorithms”, ACM Union, L 335/1, 17.12.2011. Explorations on Knowledge Discovery and [9] G. Ehrmann, U. Lucke, M. Mulder, T.-G. Data Mining (KDD) 13/02, 2011, S. 50-64. Rüdiger, T. Schulz-Spirohn, J. Storbeck, [22] Jörg Ziercke: „Pro Online- D. Woidke: “Protecting Children and Durchsuchung“, Informatik Spektrum Minors in the Internet: Perils of Cyber- 31/01, Februar 2008, S. 62-64. Grooming in Virtual Worlds”, Position
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About the author
Ulrike Lucke is Professor of Computer Science and head of the Complex Multimedia Application Architectures group at the University of Potsdam. Her areas of research are heterogeneity and interoperability of network-based architectures, including aspects of mobile and pervasive computing, especially in the field of E-Learning. Moreover, she is Chief Information Officer (CIO) of the University of Potsdam and thus responsible for strategic IT issues.
82 Special Edition 2013 Protecting children and minors in the internet: perils of cybergrooming in virtual worlds
Georg Ehrmann, Deutsche Kinderhilfe e.V. Ulrike Lucke, University of Potsdam Manuel Mulder, Dutch Police Thomas-Gabriel Rüdiger, Brandenburg Police Academy Thomas Schulz-Spirohn, Prosecution Office Berlin Jürgen Storbeck, Former Director Europol Dietmar Woidke, Brandenburg Interior Minister
The EU has explicitly admitted to making interactions with minors are called Cyber- the Internet a safer place for kids and Grooming4. minors1. The discussion in the EU on protecting children is finally focused on the This important, but not yet sufficiently question to just block or completely delete covered topic was primarily addressed by harmful websites. This is not targeted to the symposium “Protection of Children and online environments (like virtual worlds, Minors in the Internet – Perils of Virtual browser games, online apps), but is Worlds” on 19 September 2012 in Brussels. stuck to an out-dated content-oriented Starting from a criminological overview of (not: communication-oriented) view. Kids the phenomenon, aspects of law, society primarily explore the internet by starting to and IT for protecting kids and minors play games, not by surfing the Web2. Those against Cyber-Grooming have been online environments are especially considered by respective experts, and first attractive because of their possibilities to experiences with virtual police offices in an interact and communicate with other online game for kids have been presented. players (like shared game experience, In the following, the political consequences chats). There are certain offers with a have been discussed with representatives design and game mechanism that is of EU commission and parliament. All particularly suitable for children, where they participants agreed that the Internet is an are especially exposed to enter close important part of today’s media reality, and emotional relationships with others. that providing related skills as well as an Besides other legal issues, this is intensively adequate protection of minors are a central exploited by pedo-criminals in a targeted goal of our efforts. manner3. Such initiations of sexual As a result, there were identified short- 1 Directive 2011/93/EU of the European Parlia- comings of law, investigation, prosecution, ment and of the Council of 13 December 2011 on and prevention; and a first catalog of combating the sexual abuse and sexual exploita- possible countermeasures was gathered. tion of children and child pornography, and repla- cing Council Framework Decision 2004/68/JHA. Among others, a new age rating (age levels, Official Journal of the European Union, L 335/1, 17.12.2011. 11, 2001. 2 S. Livingstone, L. Haddon, A. Görzig, K. Ólafs- 4 Kim-Kwang Raymond Choo: “Online child groo- son: „EU Kids Online“, Final Project Report, ming. A literature review on the misuse of social 2011. networking sites for grooming children for sexual 3 Susan W. Brenner: “ Is There Such a Thing as offences”, Australian Institute of Criminology, ‘Virtual Crime’?”, 4 Cal. Crim. Law Rev. 1, 105- 2009.
Special Edition 2013 83 criteria, and responsibilities), an adequate media-related instruction of kids as well as training of other involved players (teachers, police men, state attorneys, system providers), and a general sensitizing of the society for the perils of interaction and communication in the Internet were proposed. Moreover, the development of technical means to detect and block suspicious activities in online environments were discussed, which need to be balanced between safety and privacy. Further efforts to elaborate and implement the mechanisms mentioned above will follow in the near future.
84 Special Edition 2013 Imprint
Publisher: Rainer Grieger President of the University of Applied Science of the Brandenburg Police
Editorial Staff: Thomas-Gabriel Rüdiger, M.A.
Fachhochschule der Polizei des Landes Brandenburg, Bernauer Straße 146, 16515 Oranienburg, Germany Phone 03301-850-2501 Fax 03301-850-2509 E-Mail [email protected]
ISSN 1865-1062
Printed by University of Applied Science of the Brandenburg Police
Editorial Deadline: 30. April 2013