( (
Guidelines((( ( for
Policy( Makers on ( Child((( ( Online Protection
International Telecommunication Union Place des Nations CH-1211 Geneva 20 Switzerland www.itu.int/cop
Printed in Switzerland Geneva, 2009
With the support of: CHISCHIS www.itu.int/cop Legal notice This document may be updated from time to time. Third-party sources are quoted as appropriate. The International Telecommunication Union (ITU) is not responsible for the content of external sources including external websites referenced in this publication. Neither ITU nor any person acting on its behalf is responsible for the use that might be made of the information contained in this publication.
Disclaimer Mention of and references to specific countries, companies, products, initiatives or guidelines do not in any way imply that they are endorsed or recommended by ITU, the authors, or any other organization that the authors are affiliated with, in preference to others of a similar nature that are not mentioned. Requests to reproduce extracts of this publication may be submitted to: [email protected] © International Telecommunication Union (ITU), 2009
ACKNOWLEDGEMENTS These Guidelines have been prepared by the International Telecommunication Union (ITU) and a team of contributing authors from leading institutions active in the information and communications technologies (ICT) sector and in child online safety issues. These Guidelines would not have been possible without the time, enthusiasm and dedication of its contributing authors. ITU is grateful to all of the following authors, who have contributed their valuable time and insights: (listed in alphabetical order) • Cristina Bueti and Sandra Pandi (ITU) • John Carr (Children’s Charities’ Coalition on Internet Safety) • Raoul Chiesa and Francesca Bosco (United Nations Interregional Crime and Justice Research Institute) • Catherine Cummings and Jessica Sarra (International Centre for Missing & Exploited Children) • Johan Martens (Child Helpline International) • Michael Moran (Interpol) The authors wish to thank Kristin Kvigne (Interpol) for her detailed review and comments.
ITU wishes to acknowledge Salma Abbasi from eWWG for her valuable involvement in the Child Online Protection (COP) Initiative.
Additional information and materials relating to these Draft Guidelines can be found at: http://www.itu.int/cop/ and will be updated on a regular basis.
If you have any comments, or if you would like to provide any additional information, please contact Ms. JeoungHee Kim at [email protected] Photo credits: www.shutterstock.com, Violaine Martin/ITU, Ahone Ayeh Njume-Ebong/ITU Legal notice This document may be updated from time to time. Third-party sources are quoted as appropriate. The International Telecommunication Union (ITU) is not responsible for the content of external sources including external websites referenced in this publication. Neither ITU nor any person acting on its behalf is responsible for the use that might be made of the information contained in this publication. Table of Contents Disclaimer Mention of and references to specific countries, companies, products, initiatives or guidelines do not in any way imply that they are endorsed or recommended by ITU, the authors, or any other organization that the authors are affiliated with, in preference to others of a similar nature that are not mentioned. Requests to reproduce extracts of this publication may be submitted to: [email protected] Foreword 1 © International Telecommunication Union (ITU), 2009 Executive Summary 3
ACKNOWLEDGEMENTS Guidelines for Policy Makers 6 Legal Framework These Guidelines have been prepared by the International Telecommunication Union (ITU) and a team of contributing authors from leading institutions active Law Enforcement Resources and Reporting Mechanisms in the information and communications technologies (ICT) sector and in child online safety issues. These Guidelines would not have been possible without the National Focus time, enthusiasm and dedication of its contributing authors. Education and Awareness Resources ITU is grateful to all of the following authors, who have contributed their valuable time and insights: (listed in alphabetical order) • Cristina Bueti and Sandra Pandi (ITU) 1. Background 11 • John Carr (Children’s Charities’ Coalition on Internet Safety) • Raoul Chiesa and Francesca Bosco (United Nations Interregional Crime and Justice Research Institute) 2. Children’s and Young People’s Use of the Internet 15 Interactivity and User Generated Content • Catherine Cummings and Jessica Sarra (International Centre for Missing & Exploited Children) Social Networking Sites • Johan Martens (Child Helpline International) Instant Messaging and Chat • Michael Moran (Interpol) Peer-to-Peer File Exchange Programmes The authors wish to thank Kristin Kvigne (Interpol) for her detailed review and comments.
ITU wishes to acknowledge Salma Abbasi from eWWG for her valuable involvement in the Child Online Protection (COP) Initiative.
Additional information and materials relating to these Draft Guidelines can be found at: http://www.itu.int/cop/ and will be updated on a regular basis.
If you have any comments, or if you would like to provide any additional information, please contact Ms. JeoungHee Kim at [email protected] Photo credits: www.shutterstock.com, Violaine Martin/ITU, Ahone Ayeh Njume-Ebong/ITU
Guidelines for Policy Makers www.itu.int/cop
3. Child Abuse Material 21 A Definition Harmonization of Laws Forensic Computer Training for Law Enforcement International Cooperation and Data Sharing Reporting Requirements Reducing the Availability of Child Abuse Images 4. Key Risks to Children Online 35 Content Contact Conduct Commerce Excessive use Societal 5. Addressing the Risks 39 A National Checklist Comprehensive Legal Framework Need for a National Focus on Online Child Protection Need to Develop Local Resources Which Reflect National Laws and Local Cultural Norms Need for Public Education and Awareness Activities. Need for Reporting Mechanisms for Online Predatory Behavior, Including Bullying Helping Children to Stay Safer Through the Use of Technical Tools
Guidelines for Policy Makers 6. Stakeholders 47 Children and Young People Parents, Guardians and Educators Industry The Research Community and NGOs Law Enforcement Social Services 7. Conclusion 51 Appendix 1 Contact Offences Against Children and Young People
Appendix 2 Child Pornography: Model Legislation & Global Review
Appendix 3 Child Safety Software
Appendix 4 Developing a National Strategy
Guidelines for Policy Makers www.itu.int/cop
“Protecting children online is a global issue, so a global response is needed”
Guidelines for Policy Makers www.itu.int/cop
Foreword
I welcome this opportunity to share with you these guidelines which have been developed with the invaluable help of multiple stakeholders. Child Online Protection – in the era of the massively-available broadband Internet – is a critical issue that urgently requires a global, coordinated response. While local and even national initiatives certainly have their place, the Internet knows no boundaries, and an international cooperation will be the key to our success in winning the battles ahead. Policy makers are key to winning the fight against cybercrime and cyberthreats, and I am personally grateful for your support.
Dr Hamadoun I. Touré Secretary-General of the International Telecommunication Union (ITU)
Guidelines for Policy Makers UN Convention on the Rights of the Child defines a child as being any person under the age of 18. These Guidelines address issues facing all persons under the age of 18 in all parts of the world. However, a young Internet user of 7 years of age is very unlikely to have the same needs or interests as a 12 year old just starting at High School or a 17 year old on the brink of adulthood. At different points in the Guidelines the authors have tailored the advice or recommendations to fit these different contexts. Whilst using broad categories can act as a useful guide it should never be forgotten that, in the end, each child is different. Moreover there are many different local legal and cultural factors which could have an important bearing on how these Guidelines might be used or interpreted in any given country or region. There is now a substantial body of international law and international instruments which underpins and in many cases mandates action to protect children both generally, and also specifically in relation to the internet. Those laws and instruments form the basis of these Guidelines. They are comprehensively summarized in the Rio de Janeiro Declaration and Call for Action to Prevent and Stop Sexual Exploitation of Chil- dren and Adolescents adopted at the 3rd World Congress against the Sexual Exploitation of Children and Adolescents, in November, 2008. 1 Executive Summary
A decade ago, approximately to innovative and higher pay- These Guidelines have been 182 million people accessed the ing jobs. However, the growing prepared in the context of the Internet globally — and almost global issues surrounding online Child Online Protection (COP)2 all of them lived in the devel- cybersecurity require a global re- Initiative in order to establish the oped world. Remarkably, by early sponse, especially when it comes foundations for a safe and secure 2009, there were over 1.5 billion to the protection of our young- cyberworld for future generations. Internet users worldwide, with They are meant to act as a blue- est and most vulnerable digital over 400 million of those hav- print which can be adapted and citizens: our children. ing access to broadband. Today, used in a way which is consistent while not ubiquitous, Internet According to recent surveys, with national or local customs and users are truly worldwide with over 60 per cent of children and laws. Moreover, it will be appreci- over 600 million users in Asia, young people talk in chat rooms ated that these guidelines address 130 million in Latin America and issues which might affect all chil- on a daily basis. Three out of the Caribbean, and 50 million in dren and young people under the four children online are willing Africa1. The Internet continues age of 18 but each age group will to be a dynamic and incredible to share personal information have different needs. resource with almost unlimited about themselves and their fam- capabilities to address societal ily in exchange for goods and The Guidelines have been de- problems from improved access services and as many as one in veloped by ITU in a very collab- to healthcare to remote learning five children could be targeted by orative way involving a team of opportunities to e-government a predator each year. contributing authors from leading institutions active in the ICT sec- tor and in child online safety
1 World Telecommunication/ICT Indicators Database 2008, 12th Edition 2 www.itu.int/cop
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issues, namely, Children’s Chari- society, but also enable ITU Mem- nized the needs of children and ties’ Coalition on Internet Safety ber States to meet their obliga- young people and their protection (CHIS), Child Helpline Interna- tions towards protecting and real- in cyberspace. The Tunis Com- tional (CHI), International Centre izing the rights of children as laid mitment recognized “the role of for Missing & Exploited Children out in the UN Convention on the ICTs in the protection of children (ICMEC), Interpol and United Rights of the Child3, adopted by and in enhancing the develop- Nations Interregional Crime and UN General Assembly resolution ment of children” as well as the Justice Research Institute (UNI- 44/25 of 20 November 1989 and need to “strengthen action to CRI). Invaluable contributions the World Summit on Informa- protect children from abuse and were also received from indi- tion Society4 (WSIS) Outcomes defend their rights in the context vidual national governments and Document5. of ICTs”. high- tech companies who share a common objective of making the At WSIS, ITU was entrusted Through issuing these Guidelines, Internet a better and safer place by leaders of the international the COP Initiative calls upon for children and young people. community with Action Line C5: all stakeholders to promote the “building confidence and security adoption of policies and strategies It is hoped that these Guidelines in the use of ICTs”. The WSIS that will protect children in cy- will not only lead to the building outcomes also specifically recog- berspace and promote their safer of a more inclusive information access to all the extraordinary op- portunities online resources can provide. 3 www.unicef.org/crc/ 4 WSIS was held in two phases: in Geneva (10-12 December 2003) and in Tunis (16-18 November 2005). WSIS concluded with a bold commitment “to build a people-centred, inclusive and development oriented information society, where everyone can create, access, utilize and share information and knowledge.” See www.itu.int/wsis. 5 www.itu.int/wsis
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Guidelines for Policy Makers
In order to formulate a national strategy focusing on online child safety, policy makers need to consider a range of strate- gies. Below are a number of key areas for consideration. Further suggestions will also be found in Appendix 4.
# Key Areas for Consideration
Legal 1. Review the existing legal framework to determine that all necessary legal powers exist to enable Framework law enforcement and other relevant agencies to protect persons under the age of 18 online on all Internet-enabled platforms.
2. Establish, mutatis mutandis, that any act against a child which is illegal in the real world is illegal online and that the online data protection and privacy rules for legal minors are also adequate. Law 3. Ensure that a mechanism is established and is widely promoted to provide a readily understood Enforcement means for reporting illegal content found on the Internet, for example, a national hotline which Resources has the capacity to respond rapidly and have illegal material removed or rendered inaccessible. and Reporting Mechanisms
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# Key Areas for Consideration
National 4. Draw together all of the relevant stakeholders with an interest in online child safety, in particular: Focus • Government agencies • Law enforcement • Social services organizations • Internet Service Providers (ISPs) and other Electronic Service Providers (ESPs) • Mobile phone network providers • Other relevant hi-tech companies • Teacher organizations • Parent organizations • Children and young people • Child protection and other relevant NGOs • Academic and research community • Owners of Internet cafés and other public access providers e.g. libraries, telecentres, PC Bangs6 and online gaming centres etc. 5. Consider the advantages that a self or co-regulatory policy development model might present, as expressed by the formulation and publication of codes of good practice, both in terms of helping to engage and sustain the involvement of all relevant stakeholders and in terms of enhancing the speed with which appropriate responses to technological change can be formulated and put into effect. Education and 6. Draw on the knowledge and experience of all stakeholders and develop Internet safety messages Awareness and materials which reflect local cultural norms and laws and ensure that these are efficiently Resources distributed and appropriately presented to all key target audiences. Consider enlisting the aid of the mass media in promoting awareness messages. Develop materials which emphasise the positive and empowering aspects of the Internet for children and young people and avoid fear- based messaging. Promote positive and responsible forms of online behaviour. 7. Consider the role that technical tools such as filtering programmes and child safety software can play in supporting and supplementing education and awareness initiatives. 8. Encourage users to take responsibility for their computers by encouraging regular servicing which includes updates of the operating system plus the installation and upgrading of a firewall and antivirus application.
6 A “PC Bang” is term commonly used in South Korea and in some other countries to describe a large room where a LAN facilitates large scale game playing, either online or between players in the room.
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Background
The technology which today we global network using a mobile refer to as “the Internet” can phone, a laptop computer or trace its origins back to the 1950s other portable devices, often with and beyond. However, it was video capabilities and very high- the development of the World speed access. Many game consoles Wide Web in the early 1990s that are also Internet enabled and this sparked the exponential growth has fostered a huge growth in on- of the Internet which led to it line game playing among children becoming an extremely valuable and young people. aspect of our lives, both economi- cally and socially, and has led it to It took around 20 years to reach become a seemingly permanent the first billion mobile phone us- feature of modern day life. ers, yet the second billion signed up in just the last few years. In At the dawn of the Internet revo- contrast, it took 125 years to lution, users were amazed at the reach the first billion fixed-line possibility of contacting people telephone users. 1.and accessing information across oceans and time zones through The evolution from second to a few clicks of their mouse. In third generation mobile phone order to do so, however, typically networks is arguably just as they had to be in a fixed location important as the initial jump in front of an often large or bulky from analogue to digital. It began computer device, typically a PC. more than a decade ago and is Today people can connect to the progressing at a rapid speed. The
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“Draw together all of the relevant stakeholders with an interest in online child safety” www.itu.int/cop 9
newly emerging fourth-generation on the rise (for example through nicate on an unprecedented scale. region, Internet access is available technologies maintain the em- services like Skype or Vonage) Children and young people have almost anywhere. In develop- phasis on mobile access but at but so too is the possibility of very often been the “pioneers ” of ing countries, many Internet and even higher speeds. Broadband watching moving images over adopting and adapting to the new phone connections are using networks and media convergence IP networks. New technologies possibilities presented by these new wireless technology rather than are generating new avenues for such as digital video broadcasting and emerging technologies. It has fixed-line access; data storage and distributing digital entertainment. and digital multimedia broadcast- been tremendously empowering for transfer are becoming decentra- ing will allow viewers to watch many young people and is open- lised and seemingly limitless. The User devices are now multi-func- streamed content on mobile ing up huge new possibilities in the “networked society” that has been tional and increasingly personal- devices anytime, anywhere. fields of education and personal- visualised for some decades is ized. In the near future, advances ized learning. becoming a reality. in connected computing will make The world of entertainment ap- it possible for hundreds of mil- pears to be entering a whole new The rapidly declining real cost With increasing access, the Internet lions of objects to have the ability era. At the same time, digital of the requisite information is becoming truly global, offering to communicate with each other technology is having a significant and communication technolo- its benefits to more and more peo- over the Internet, opening up impact on the nature of social gies, combined with vast changes ple, including children and young countless household and business interactions. Mobile phones have and enhancements to the avail- people. The culture and economy applications. already changed the way people able infrastructure, have allowed of a country will shape how the communicate, arrange meetings many children and young people Internet develops and this will have In both fixed-line and cellular and multitask. to take advantage of technology an impact on the risks that children markets, the transition to higher to do and achieve things unknown will face as well as how those risks capacity networks is accompanied The expansion of electronic and to earlier generations. are addressed by the different lo- by a shift to IP-based networks. digital infrastructure has given cal stakeholders. There can be no As a consequence, voice over many millions of people the poten- While the development of the simple or single blueprint to tackle Internet Protocol (VoIP) usage is tial to learn, publish and commu- Internet differs by country and such a complex issue.
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Guidelines for Policy Makers www.itu.int/cop 11 Children’s and Young People’s Use of the Internet
The Internet has now been in ex- often leading the pack as early istence for several decades, how- users. ever, the nature of it has changed dramatically since its inception. In While the development of the the beginning it was mainly a tool web opened up the Internet to to exchange information and data the general public, for some time between governmental agencies it remained a network that was and academic institutions. In the owned and populated mainly by 1980s, the Internet was opened governments, academic institu- to the general public. With the tions and commercial corpora- advent of the World Wide Web tions. Individuals largely went in the 1990s, the Internet started online to access information that to grow at an astonishing rate. In was provided to them by these 2. recent years another revolution large players. This early period of has taken place: the emergence the web was marked by several of Web 2.0. The web is becom- characteristics: ing more interactive and a much • Low levels of connectivity larger cross section of society has • Mainly low bandwidth a presence on the Internet. More • Low capacity for data storage people are connected now, with • One way communication children and young people very and access
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Over time the Internet continued New tools have been developed to draw neat lines between so to evolve with four developments that provide users with various called “Internet issues”, and “real being of special importance: means to socialize and to connect world” problems. • Increase in affordable band- with each other. These tools in- width clude: instant messaging, chat and Social Networking Sites • Increase in comparatively message boards, photo and video The qualitatively new and very inexpensive storage capacity hosting services, and peer-to-peer clever dimension that is the hall- • Lower access costs file exchange programmes (P2P). mark of social networking sites is • Development of the mobile Taken together these technolo- the way they have brought several Internet gies, and others, have given rise to pre-existing Internet technolo- These new developments helped the phenomenal growth in social gies together into a single place, to establish a new type of Inter- networking sites which in a very added new features, and created net; instead of simply connecting short period of time have become very user friendly interfaces. individuals to firms, organizations enormously popular with children These new interfaces mean it has and governments, the Internet and young people. become extremely easy to use also began to enable individuals the various features. Taken to- to connect to each other and for Interactivity and User gether this has triggered the rapid them to become online publishers Generated Content growth in the popularity of social in their own right. This new Inter- networking sites which has caught net, often referred to as Web 2.0, Children and young people, as many people by surprise, particu- has the following characteristics: well as adults, increasingly live larly parents. • High levels of connectivity out important parts of their lives with the assistance of these new Social networking sites allow • High bandwidth users to create an online profile technologies, and as a result, the • High levels of storage capac- in which they can display a range nature of the risks they take have ity of personal information, such become inextricably entangled • Personalized and interac- as age, gender, home town and with wider aspects of their behav- tive contact (user generated interests. In particular the new iors. It is now no longer possible content) interfaces developed by the social
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networking sites make it simple for example by setting their pro- tion policies, where they search to personalize individual user file to “private” or “friends only”, out inappropriate or illegal videos web pages, for example by add- their full profiles would be open and images, whereas others will ing some of the users’ favourite for anyone to view. This made only look at an individual picture music, photographs and videos. them vulnerable to predators who or video if it is drawn to their at- Children and young people have might have masked their age in tention by a report from someone become very creatively engaged order to build a relationship with who finds it to be objectionable with this process. User profiles the child or young person. There and wants it removed. on a social networking site have have been cases reported where become extensions of the us- some children and young people The popularity of individual ers and an important way for the have posted sexualized images of social networking sites often users to make a statement about themselves, or have exchanged follows language and regional themselves to their friends and to them via mobile phones, a phe- factors. A few examples are: the wider world. nomenon known as “sexting”7, MySpace (particularly popular in often without realizing that Northern America), Facebook Most importantly, social network- the image itself might be both (most popular in North America, ing sites allow users to add friends harmful to them and illegal, but Europe and Oceania), Hi5 (most with whom they can exchange in addition it might be viewable popular in Latin America), Orkut messages. The audience that can by large numbers of people who (Latin America), SkyBlog (Fran- view an individual’s profile typical- could visit their site or profile. cophone countries), Live Journal ly depends on how the person has More generally social networking (Russia and CIS), Friendster (Asia utilized the site’s privacy settings. sites have highlighted the problem Pacific), Cyworld (Republic of Too often, particularly in the early of how to manage user gener- Korea and PR of China), Linke- days of social networking, chil- ated content, the characteristic dIn (Europe, US and India), Last. dren and young people appeared feature of Web 2.0. Some sites fm (Nordic and Baltic Countries to be unaware that, unless they have developed proactive modera- and Central Europe). took specific steps to limit access,
7 Sexting - the relatively new phenomenon where children and young people are putting themselves at risk by posting sexually provocative images of themselves online or sending them to friends using mobile technologies. Source: Draft Guidelines for Parents, Guardians and Educators on Child Online Protection, ITU 2009
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According to Danah Boyd8, online communications. This is further programmes the content of the (malware) such as viruses and expressions, personal profiles or complicated by the other three conversations can be saved if Trojans9. These networks are also other types of postings have four characteristics mentioned above, wanted or needed. Well known used to distribute CAM. Well- fundamental characteristics that since profiles may be viewed or IM and chat programmes include known P2P programmes include can lead to additional risks for accessed at a different time and MSN Chat, Yahoo! Messenger, Bittorrent, E-mule, E-donkey and children and young people: place from when and where they Google Talk, and AOL Instant Kazaa. were originally created. Messenger. 1. Persistence: Networked com- munications are recorded and this Instant Messaging and Peer-to-Peer File extends the period of life of any Chat Exchange Programmes communication. Instant messaging (IM) tools Peer-to-peer file exchange 2. Searchability: Because online allow people to connect to programmes (also called P2P communications are recorded and others online directly and to have programmes) allow individuals to identity is established through conversations through written directly upload and download files text, search and discovery tools messages (and increasingly from and to their own storage help people find other people. through video conferencing). discs. Anyone using the same People can add the names of programme can search for files 3. Replicability: Networked individuals they know to their and download them from others communications can be cop- contact list and can see if they that have these files available. ied from one place to another are available (online) to talk with. These programmes facilitate verbatim in such a way that there These conversations, or “chats”, the sharing of knowledge and is no possibility to distinguish the can be held with one person information, but have also led to “original” from the “copy.” (bilaterally) or with a group of copyright infringement and the people (multilaterally). With most proliferation of malicious ware 4. Invisible audiences: For practical purposes it is impos- 8 Danah Boyd, Fellow at Harvard Law School’s Berkman Center for Internet and Society. sible to determine who might run 9 The Trojan horse, also known as Trojan, in the context of computing and software, describes a class of across profiles or other online computer threats (malware) that appears to perform a desirable function but in fact performs undis- closed malicious functions that allow unauthorized access to the host machine, giving them the ability to save their files on the user’s computer or even watch the user’s screen and control the computer. See: http://en.wikipedia.org/wiki/Trojan_horse_(computing)
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Child Abuse Material
The sexual revolution of the mid- A Definition 1960s, marked by an openness to In many jurisdictions still photo- sexual expression and variation, graphs or videos of children being heralded a burgeoning demand sexually exploited and abused are for pornography, with adult called either “child pornography” bookstores springing up in many or “indecent images of children”. European and American cities10. Today many practitioners prefer to These shops and indeed a whole use the term “child abuse material” mail order style business stocked or CAM because it is felt that this and supplied a massive amount term more accurately conveys the of pornography of all kinds right real nature of the content. This is across the severity spectrum. The the term which is normally used in demand for pornography was met 3. this document. with vigour by a number of key players all over the world. Like all The Internet has completely vacuums it was filled quickly by transformed the scale and nature entrepreneurs and a large supply of the production and distribu- network arose very quickly. tion of CAM.
10 O’Donnell and Milner, (2007), Child Pornography, Crime computers and society, Willan. Guidelines for Policy Makers 18 www.itu.int/cop
Some of the pornography being the Internet. Dr. Alvin Cooper encouraged the belief that it was abused to create the images14 and bought, sold and traded included spoke about the “triple A engine” harmless. of the total monetary value of images of children being sexually for cyber sexuality which can eas- the market in the images. No one abused. Anti-CAM laws passed ily be transferred to the way the In 1997, Sir William Utting, a who is familiar with the terrain in 1977 in the United States soon Internet revolutionised the pos- distinguished expert in child doubts that there are a substantial spread to Europe and the pro- session and distribution of CAM: social services, described CAM number of people involved in the 12 duction of CAM soon waned • Accessibility (the Internet as a “cottage industry” . That viewing and distribution of CAM and was driven underground. By makes CAM available 24/7 was probably the last moment in and that there has been evidence 1986, virtually all the traditional all the year round); history when such a claim could of the involvement of organized avenues for obtaining this kind of • Affordability (most CAM is be made. Today it is a global crime15 in the commercial distri- material had been firmly closed, free and available for swap industry. It seems that no country bution of this material. Equally raising the possibility of a thor- or simple download); and is immune. there can be no doubt that the ough suppression of the CAM • Anonymity (people genuine- It is very difficult to determine number of illegal images now in 11 trade. ly believe that their commu- the precise size or shape of what circulation on the Internet runs nications on the Internet are is essentially a clandestine and into many millions, while the Historically, the difficulties of private and hidden). number of individual children finding CAM at this point meant often illegal enterprise. All kinds of estimates have been made depicted in those images runs that people who wanted to in- This encouraged them to seek out into the tens of thousands16. And dulge in CAM had to take huge and deal in CAM as they felt there at different points about of the number of web sites involved13, these are only the ones that have risks and a lot of expense in order were no repercussions. The fact so far been discovered. to get access to material. All of that it was free and available also the number of children being this changed with the advent of
11 Jenkins, P, Beyond Tolerance, 2001, New York University Press. 15 See details of the “Reg Pay” case. http://www.usdoj.gov/criminal/ceos/Press%20Releases/ICE%20Reg- 12 UK, HMSO, 1997 pay%20PR_080906.pdf 16 13 In its Annual Report for 2007 the IWF maintained that fewer than 3,000 English-language web sites ac- Correspondence with Interpol, referred to above.Telefono Arcobaleno in their report speak of 36,000 counted for the bulk of child abuse images available online. Three years earlier, the US based Computer children of whom “42% are under 7 years of age and 77% are under the age of 12.” http://www.telefono- Crime Research Center said the number was greater than 100,000 arcobaleno.org/pdf/tredicmoreport_ta.pdf 14 Correspondence with Interpol. And see report by Telefono Arcobaleno. http://www.telefonoarcobaleno. org/pdf/tredicmoreport_ta.pdf
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Originally one of the main ways Every time an image of a child rently hotlines are operational in Processes and systems are being of distributing CAM over the being abused appears on the over 30 different countries and put in place nationally which Internet was from within Usenet Internet or is downloaded, in an they are growing in number.18 A means that CAM seized during Newsgroups. That remains an important sense that child is be- major growth in hotlines is highly investigations or otherwise com- important source but today ing re-abused. Victims must live desirable as part of a renewed ing into the hands of investigators several other Internet technolo- with the longevity and circulation global campaign to end the traffic is being examined with a view gies are also being used. Of these of these images for the rest of in CAM online. to identifying the victim of the perhaps the World Wide Web is their lives. The best proof of this abuse and therefore the perpetra- the most important, because it is is the reaction of the victims and Another reason for moving quick- tor. Materials which have not the most accessible and easiest to their families when they learn ly to remove or render inacces- been seen before and cannot be use. However, as some countries the images have been put into sible any illegal images found on marked as locally generated are have made it very difficult to use circulation or uploaded to the the Internet is because the longer floated into an international net- the web to distribute CAM, other Internet17. they stay up the greater the pos- work of investigators and national Internet technologies are also sibility that a new person will find CAM specialists. This network being used more and more fre- For that reason there is wide- the image and perhaps download has evolved around the INTER- quently. Of these perhaps P2P or spread agreement that as soon it. There is some evidence to sug- POL International Child Sexual file sharing software is the most as a child abuse image or web gest that people who get involved Exploitation Database (ICSE) significant. According to Interpol, site is discovered it is important in downloading and collecting and is coordinated at the Traf- Peer2Peer is technically quite easy to move as quickly as possible CAM are more likely to engage ficking in Human Beings section to police but the sheer volume of to remove the image or have the in contact offending or abusing of INTERPOL along with the people involved makes it practi- web site taken down or rendered children in the real world. (From INTERPOL Specialist Group on cally very difficult. inaccessible. In order to facilitate Fantasy to Reality: The Link Between Crimes against Children. this process a system of national Viewing Child Pornography and Mo- hotlines has been developed. Cur- lesting Children. Kim, C (2004). The aim of this Database is to capture in one place all of the In the law enforcement sphere the CAM that exists on the Internet importance of victim identifica- and that comes into the hands of tion from the CAM posted on 17 law enforcement. This material Child Molesters: a behavioral Analysis, Kenneth V. Lanning, 2001. the Internet has gained ground. 18 See www.inhope.org is examined by the network of
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specialised officers worldwide and, All this reduces effort for inves- The development of adequate countries for the elaboration of a where possible, is referred to the tigators, avoids duplication of national legislation, the related cybersecurity legal framework and country of origin for an investiga- efforts worldwide, and ultimately cybercrime legal framework, and related laws. The ITU has been tion into the identity of the child leads to the identification of within this approach, harmoniza- working with Member States and being victimized. Where this is not victims and the apprehension of tion at the international level is a relevant stakeholders in this direc- possible the material is filed in the offenders. key step towards the success of tion and is heavily contributing to Database with details as to where it any national strategy for child on- the advance the global harmoniza- was found, by whom and when. line protection. This requires first tion of cybercrime laws. Harmonisation of and foremost the necessary sub- Powerful retrieval tools indicate Laws stantive criminal law provisions to The International Centre for whether these images were seen criminalize acts such as computer Missing & Exploited Children before or not and, as is often the The adoption by all countries of fraud, illegal access, data interfer- (ICMEC) released its report case, images found in one coun- appropriate legislation against the ence, copyright violations and on “Child Pornography: Model try can often hold clues which misuse of information and com- CAM. The fact that provisions Legislation & Global Review” in can help identify an abuse case in munication technologies (ICTs) exist in the criminal code that are April 2006. The primary purpose another country. Sometimes, the for criminal or other purposes is applicable to similar acts com- of the report, which is now in face of the abuser can be seen in central to achieving global cyber- mitted in the real world does not its 5th Edition, was to gain an the images, leading to apprehen- security. Since threats can originate mean that they can be applied to understanding of existing CAM sion. anywhere around the globe, the acts committed over the Internet legislation and to ascertain the im- portance of the issue with regard INTERPOL and the COP Initia- challenges are inherently interna- as well. Therefore, a thorough tional in scope and require inter- analysis of current national laws is to national political agendas. The tive encourage best practice in this study focused on a number of key area by encouraging the formation national cooperation, investigative vital to identify any possible gaps. assistance, and common substan- The next step would be to identify areas: legislation specific to CAM; of a centralised, national resource laws that provide a definition of which can manage all the material tive and procedural provisions. and define legislative language and Thus, it is important that countries reference material that can assist CAM; laws that criminalize pos- being seized inside its borders, session, regardless of intent to creating a national hash set and harmonize their legal frameworks countries in the establishment of to combat cybercrime, protect harmonized cybercrime laws and distribute; laws that address com- contributing to the international puter facilitated crimes related to efforts being made in this area. children online and facilitate inter- procedural rules. Such practi- national cooperation. cal instruments can be used by CAM; and reporting by ISPs.
Guidelines for Policy Makers
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A copy of ICMEC’s detailed find- Criminals who sexually exploit countries should be encouraged • Defining “child abuse mate- ings is provided in Appendix4. children, whether it is through the to adopt specific legislation to rial” (CAM) to include spe- It is evident from the report that use of computers and the Inter- criminalize CAM and include cific computer and Internet there are considerable and very net or by travel to other countries, offences specific to the use of terminology; important variations in the legisla- will prefer to victimize children technology and the Internet as • Creating criminal offences tive approaches taken by different in countries lacking legislation it relates to CAM; otherwise specific to: possession, countries. The international com- or strict enforcement and in criminals will take advantage of manufacture and distribution munity must find a way to bring countries that exist outside the loopholes in the law. of CAM, including pseudo greater coherence to the attack on framework of international coop- images, deliberately down- this global problem. eration. Complying with interna- There should also be provisions loading or viewing such tional legal standards and adopt- in the law for a greater commit- images on the Internet; Another goal of the ICMEC ing corresponding national laws ment of resources in order to • Creating criminal penalties report on model legislation is to and practices is a requirement in enforce these specific laws and for for parents or guardians who recommend areas where legisla- order to address child exploitation training for judicial, prosecutorial agree to or who facilitate tion is needed to address the vari- on an international level. and law enforcement officials who their child’s participation in ous aspects of CAM and related will invariably be challenged to CAM; crimes on a worldwide basis. As Many countries broadly address keep up with the use of technol- • Creating penalties for those with other types of cybercrime, child exploitation as it relates to ogy by offenders. who make known to others the possession, manufacture and labour or other offences or they where to find CAM; distribution of CAM is often may ban pornography in gen- Fundamental areas of concern and guidance for the adoption of • Making attempts at crimes conducted without regard to eral; however, these laws are not related to CAM a criminal international borders and there- enough as they do not specifi- legislation include: • Defining a “child” in a offence; fore requires laws in each country cally address the criminal aspects • Addressing criminal liabil- that are comparable or legally of various forms of child sexual precise and clear manner in accordance with the UN ity of children involved in equivalent — this is referred to as exploitation and child abuse im- CAM. Criminal liability harmonization. ages. In order to be truly effective, Convention of the Rights of the Child; must focus on the adult of- fender, not the child victim; 24 www.itu.int/cop
• Enhancing penalties for Forensic Computer ingly complex and changes at a expensive and beyond the reach repeat offenders, organized Training for Law rapid rate. In order to capture of developing countries. Training crime members and other and preserve important evidence from within the law enforcement aggravated factors to be con- Enforcement left by offenders it is essential and private security industry may sidered upon sentencing. for law enforcement authorities be available with proper funding. Apart from substantive criminal to have the training and techni- law provisions, law enforcement A basic definition of CAM should cal expertise to retrieve evidence Many companies in the private agencies need the necessary tools include the visual representation consistent with domestic and sector have the technology and and instruments to investigate or depiction of a child engaged in international court requirements. the expertise to assist with this cybercrime. Such investigations a real or simulated sexual display Therefore, training must be made type of work so partnerships themselves present a number or act, or pseudo images of the available to law enforcement, between the public and private of challenges. Perpetrators can same; it should also take into judicial and prosecutorial officials sectors for training and technical act from nearly any location in account how technology such to help them understand how support may be able to provide the world and take measures to as computers, the Internet, cell to conduct forensic analysis of critical assistance. mask their identity. The tools and phones, PDAs, game consoles, computer hard drives and other instruments needed to investigate International Cooperation video cameras, and DVDs, are devices. This training must be cybercrime can be quite different used to facilitate CAM, making constantly updated to keep up and Data Sharing from those used to investigate it clear that CAM and everything with ever-changing technology ordinary crimes. It is very important to develop a connected with it is illegal, irre- and give them hands-on experi- spective of the platform. high level of international coop- The Internet, computers, cell ence. There are many software eration and data sharing. phones, PDAs and digital de- suites which provide the tools to vices of all types have become carry out read only examinations A fundamental role of ITU, fol- indispensible tools for predators of seized media and training is lowing WSIS is to build confi- seeking to sexually exploit chil- often included in the purchase dence and security in the use of dren. The technology on which price of the suite. Unfortunately ICTs. Heads of states and govern- these devices operate is increas- these solutions are often quite ment and other global leaders par-
Guidelines for Policy Makers 25
ticipating in WSIS as well as ITU countries and by extension of the A collaborative approach aimed at Member States entrusted ITU to i24/7 system, directly to specialist building consensus at the global take concrete steps towards curb- units. level on those common elements ing the threats and insecurities that should be part of any legal related to the information society. Where the exchange of informa- framework for protecting the tion and evidence is in the judicial children in cyberspace is funda- WSIS considered that Action Line sphere, mutual cooperation on mental. Given the international C5 encompasses a broad range international criminal investiga- nature of cybercrime and of child of themes and stakeholders. As tions is accomplished under the exploitation in particular, effec- emphasized in paragraph 110 of legal framework and provisions tive international law enforcement the Tunis Agenda, the “coordination of bilateral mutual legal assistance cooperation is imperative if we of multi-stakeholder implementation treaties or multilateral conven- are to address the problem on a activities would help to avoid duplica- tions. These are not always suited global scale. tion of activities. This should include, to the fast moving world of the inter alia, information exchange, Internet. creation of knowledge, sharing of best In spite of treaty agreements, if practices, and assistance in developing there is not a corresponding law multi-stakeholder and public/private in the country where coopera- partnership”. tion is requested, assistance may INTERPOL19, through its net- not be provided at all or it may work of 187 countries, special- be provided on a very restricted izes in facilitating the exchange basis. The party providing the of police-to-police information. information may place conditions This network allows the instant upon the use of the information exchange of information between and may require confidentiality.
19 INTERPOL also coordinates the INTERPOL working party on crimes against children which meets once facilitated crimes against children, Sex Offenders, Child Trafficking and Serious and violent crimes against a year in a group session. There are five sub groups within the working party and members of this group children. The fifth sub-group is a victim identification subgroup which facilitates the international coopera- meet virtually throughout the year in an effort to work on projects. The five sub-groups are: Internet tion which is a daily fact around the International Child Sexual Exploitation database.
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2. Individuals who in their to victimize children. These in- Given the current role of the Reporting professional capacity do dustries are in a position to detect Internet and its use for criminal Requirements not necessarily come into evidence of CAM and should be purposes, cooperation with Inter- contact with children but strongly encouraged to cooperate net-related companies is essential. Members of the public who come may be exposed to CAM in with authorities to provide infor- Furthermore, legislation should into contact with CAM should the course of their work, e.g. mation regarding CAM when they provide protection for ISPs, ESPs report it to local law enforcement computer technicians, photo come upon it. and other private entities that and/or to a national hotline.20 developers. report CAM and should include Additionally, there are three It should be noted that some guidance for the safe handling and classes of individuals and organi- 3. Organizations or corpora- companies are currently provid- transmission of images. zations that should be particularly tions whose services are ing valuable assistance of this encouraged to report suspected being used to proliferate nature. In the case of ISPs and A “Notice and Takedown” regime CAM, either directly to a law CAM and who should ESPs, it is more likely that they should be established to allow enforcement agency or another exercise corporate citizen- themselves will come across ISPs, ESPs, domain registrars and designated organization, such as a ship responsibility, e.g. ISPs evidence of CAM in files, URLs, web hosts to close an offending hotline: and other ESPs, credit card domain names and actual images site or cancel an email account companies and banks. that should be reported to the ap- upon request. In most cases, such 1. Individuals who in their propriate authorities immediately. criminal use will be in violation of professional capacity come While the inclusion of people Moreover, the sharing of URLs, the “Terms of Use” contract that into contact with children in categories 1. and 2. are self- domain names and IP addresses the user agrees to with the ISP or and owe a duty of care to explanatory, reporting by ISPs, provides an opportunity for ESPs, thus giving the company the children, e.g. teach- banks and credit card companies disrupting access to known child uncontested rights to take ap- ers, coaches, counsellors, is critical in that their services are abuse web sites. ISPs and ESPs propriate action. When possible, healthcare providers and law essential in the transmission of should also be encouraged to pro- these actions should be closely enforcement officers. such material and their services actively scan their networks for coordinated with law enforcement are being “misused” by criminals CAM and report it to the relevant in an effort to ensure that an law enforcement authorities. investigation is launched that may 20 National hotlines will refer reports to law enforcement; law enforcement can then analyse the reports for local connections or send the information on to the International Child Sexual Exploitation Database for analysis.
Guidelines for Policy Makers 28 www.itu.int/cop
save a child from abuse and that a vehicle for close cooperation their way out of this problem and room for any suspicion that gov- will allow for the capture of the among the financial services that more needs to be done to ernmental, law enforcement or criminals involved. industry, the Internet services disrupt and reduce the traffic in other bodies are able to influence industry, law enforcement and CAM. As a result, many countries its composition so as to include Unfortunately the sale of CAM NGOs. It has achieved notewor- have begun to explore additional Newsgroups or web sites which on the Internet has become a lu- thy success in denying commercial remedies that augment traditional do not contain CAM but instead crative global enterprise that relies suppliers of CAM the use of the law enforcement approaches. contain items which they do not on bank services, wire transfers international financial system. want to be published for other and credit cards to facilitate the Working together, the members An approach which has been reasons. sale, distribution or transmission of the FCACP have been able to adopted in several countries is to of CAM. Financial industry offi- not only report transactions and encourage ISPs and other ESPs When producing and distributing cials who come upon information suspicious accounts, but also to to reduce the availability of web the list to ISPs and ESPs, an on- related to CAM should report track account activity and money pages that are known to offer going dialogue with law enforce- it to the appropriate authorities. flows in order to identify per- CAM and to block access to ment is crucial. Law enforcement Often web sites offering “pay per sons and organizations ultimately Usenet Newsgroups that either needs adequate time to access, view” or subscriptions to CAM responsible for selling CAM. A regularly contain such content or review and document the content accept credit cards or money European version of this coalition advertise its availability. and, if appropriate, to initiate an transfer services for payment. was launched in 2009. investigation. Failure to account In this approach, a “list” of for law enforcement activity could As a general rule the financial Reducing the Availability Usenet Newsgroups and active obstruct or delay an on-going services industry should be en- web pages containing or advertis- of Child Abuse Images investigation. Further, without couraged to cooperate in line with ing CAM is provided to ISPs and law enforcement participation the model of the Financial Coali- The proliferation of CAM on the ESPs. This list is constructed and and investigation, the individuals tion Against Child Pornography provided either by law enforce- who continuously distribute CAM 21 Internet has created a public out- (FCACP) , a joint project of IC- cry for action. Law enforcement, ment or, in some cases, directly online will never be apprehended MEC and its sister organisation, ISPs, ESPs and NGOs across the by national hotlines. It is very and brought to justice. the National Center for Missing globe are collaborating to combat important that the basis on which & Exploited Children (NCMEC). this content online. It is clear that such lists are constructed is clearly It is important that the list of This effective coalition provides law enforcement cannot arrest articulated. There should be no known sites and Usenet News-
21 FCACPGuidelines : http://www.icmec.org/missingkids/servlet/PageServlet?LanguageCountry=en_X1&PageId=3064. for Policy Makers 29
groups is tested frequently, updat- enforcement agencies online. Thought should always be given ed and verified to ensure accuracy. to a joint government/industry The list should not be cumulative; Blocking access to web sites and awareness media campaign aimed rather, a multi-layered retesting Usenet Newsgroups containing at the consumers of CAM. Us- procedure will help to ensure CAM can make an important ers/consumers should be remind- public confidence in the operation contribution to disrupting and ed that CAM represents real pain of the list. It is also important to reducing the volume of content for real children, and creating, ensure that guidelines on list crite- being circulated or distributed possessing or distributing CAM is ria be transparent. Some countries over the Internet. However, this illegal in many countries. utilize an independent means of is recognized as only a part of the auditing the performance and solution. This approach is not operation of the list. Lastly, a meant to be the only solution. mechanism should exist to allow The goal is to complement the for an appeal against inclusion on efforts of law enforcement and the list. The only sites on the list to reduce the availability of CAM should be those which allow the online. Individuals who have a publishing or display of content sexual interest in children and which is illegal according to the enough technical knowledge and national laws of the country con- determination, may still be able cerned. When a site is blocked, a to locate it. However, the web in STOP page should be displayed particular, has such an easy user to the user. This STOP page has interface and has become one of the dual function of giving infor- the most widely used and most mation as to the reason the site popular Internet applications, that was blocked (illegality of content) it is essential to develop specific plus acting as a prevention vehicle approaches for tackling it while that reminds the user/consumer continuing to evaluate new meth- of the illegal nature of the mate- ods to thwart distribution on the rial, as well as the presence of law other platforms of the Internet.
Guidelines for Policy Makers “Children and young people are often particularly vulnerable online” 31
Key Risks to Children Online
While adults and children alike the policy making community. are exposed to a range of risks These concerns can be summa- and dangers online, children and rized as follows: young people are often particu- larly vulnerable. Children are still Content in a process of developing and • The Internet’s ability to learning. This has consequences expose children and young for their capacity to identify, as- people to illegal content, e.g. sess and manage potential risks. CAM. The idea that children are vul- • The Internet’s ability to nerable and should be protected expose children and young from all forms of exploitation is people to legal but age inap- outlined in the UN Convention propriate material e.g. very 4. on the Rights of the Child22. violent imagery. There are a number of issues in relation to children’s and young people’s use of the Internet which are of on going concern to parents and children alike, as well as to governments, politicians and 22 http://www.unhchr.ch/html/menu3/b/k2crc.htm
Guidelines for Policy Makers Guidelines for Policy Makers 33
Contact can sometimes result in Commerce net often feature in this type • The Internet’s ability to the inadvertent production • The ways in which the of online behavior which in expose children and young and distribution of CAM Internet has enabled chil- some countries is referred to people to sexual predators, exposing the child and his or dren to access or acquire as a form of addiction. be they adults or other legal her friends to possible legal age inappropriate goods and Societal minors23. sanction or involvement services, typically goods and • The way the Internet has • The way in which the Inter- with the blunt edge of the services which they could opened up a new digital net may expose children to criminal justice system. not purchase in person from divide among children and harmful online communities • The way in which some a shop. young people, both in terms such as sites which encour- aspects of the Internet en- • The Internet’s ability to of those who have ready and age anorexia, self harm or courage children to place in expose children and young convenient access to it at suicide – as well as sources the public domain informa- people to scams, iden- home, school and elsewhere, of political influence espous- tion about themselves, or tity theft, fraud and similar and those who do not; be- ing violence, hate and politi- post pictures or videos or threats which are economic tween those who are confi- cal extremism. text which might compro- in nature or are rooted in dent and proficient users of it Conduct mise their personal safety inadequate data protection and those who are not. This or jeopardize a number of • The way in which the or privacy laws. divide threatens to entrench career options for them in Internet facilitates and Excessive use or widen existing patterns of the future. can promote risky sexual • The way the Internet seems, advantage and disadvantage • The Internet’s ability to interactions between chil- with some children and or perhaps create new divides. expose children and young dren themselves, including young people, to have en- • The potential of the Inter- people to bullying and to al- encouraging them to take couraged forms of obsessive net to compound and even low or promote an environ- and post pictures of them- behavior or excessive use magnify the existing vulner- ment in which children and selves or others (sexting) which may have deleterious abilities of particular children young people are encour- which, aside from being effects on children’s and and young people and add to aged to bully others. harmful, may also be illegal. young people’s health or adversities that they may face Normal sexual development social skills, or both. Games in the offline world. and experimentation online and gaming over the Inter-
23 See Appendix 1 for further detailed discussion of this aspect. Child Online Protection Initiative
35
Addressing the Risks 5. A National Checklist
Guidelines for Policy Makers 36 www.itu.int/cop
# A National Checklist Comprehensive 1. It will generally be necessary for there to be in place a body of laws which Legal makes it clear that any and every crime that can be committed against a child in Framework the real world can, mutatis mutandis, also be committed on the Internet or on any other electronic network. It may also be necessary to develop new laws or adapt existing ones to outlaw certain types of behavior which can only take place on the Internet, for example the remote enticement of children to perform or watch sexual acts, or “grooming” children to meet in the real world for a sexual purpose. Ancillary to these purposes it will generally be necessary for there to be in place a legal framework which outlaws the misuse of computers for criminal ends, outlaws hacking or other malicious or non-consensual use of computer code and establishes that the Internet is a locus within which crimes can be committed.
Guidelines for Policy Makers 37
# A National Checklist Need For a 2. Several national governments have found it useful to bring together all of National Focus the key stakeholders and players to focus on developing and implementing a on Online Child national initiative around making the Internet a safer place for children and Protection young people, and raising awareness of the issues and how to deal with them in a very practical way. It will be important within this strategy to realise that the Internet can now be accessed via several different kinds of devices. Computers are only one of many ways of going online. Mobile phones, games consoles and PDAs are also increasingly important. The providers of both wireless and fixed-line access need to be involved. Additionally in many countries the network of public libraries, telecentres and Internet cafes can be important sources of Internet access particularly for children and young people. Some countries have found it to be advantageous to establish a self or co- regulatory model in relation to developing policy in this area and through such models they have, for example, published codes of good practice to guide the Internet industry in terms of the measures which may work best when it comes to keeping children and young people safer online. This has also worked at the regional level, for example within the European Union where EU-wide codes have been published both for social networking sites and mobile phone networks in relation to the provision of content and services to children and young people via their networks. Self and co-regulation can be a very effective way of helping to engage and sustain the involvement of all relevant stakeholders and can also be very effective in terms of enhancing the speed with which appropriate responses to technological change can be formulated and put into effect. Schools and the education system generally will play a very important part in rolling out such a national strategy, but the strategy also needs to go wider than that.
Guidelines for Policy Makers 38 www.itu.int/cop
# A National Checklist
Need For a Consideration should also be given to enlisting the aid of the mass media in National Focus promoting awareness messages and campaigns. on Online Child Protection
Need to Develop 3. Many of the large Internet companies produce web sites which contain a Local Resources great deal of information about online issues for children and young people. Which Reflect However, very often this material will only be available in English or in a very National Laws narrow band of languages. It is very important, therefore, that materials are and Local produced locally which reflect local laws as well as local cultural norms. This will Cultural Norms be essential for any Internet safety campaign or any training materials that are developed.
Need for Public 4. Parents and guardians and professional, such as teachers, have a crucial role to Education and play in helping to keep children and young people safer online. Educational and Awareness outreach programmes should be developed which help build awareness of the Activities issues and also provide strategies for dealing with them. When producing educational materials it is important to bear in mind that many people who are new to the technology will not feel comfortable using it. For that reason it is important to ensure that safety materials are made available in either written form or produced using other media with which newcomers will feel more familiar, for example, with video. Within any education and awareness campaign it will be important to strike the right tone. Fear-based messaging should be avoided and due prominence should be given to the new technology’s many positive and fun features. The Internet has great potential as a means of empowering children and young people to discover new worlds.. Teaching positive and responsible forms of online behaviour is a key objective of education and awareness programs.
Guidelines for Policy Makers 39
# A National Checklist
Need for 5. Mechanisms for reporting abuse of an online service or for reporting Reporting objectionable or illegal behavior online, for example to a national hotline, should Mechanisms for be widely advertised and promoted both on the Internet and in other media. Online Predatory Links to report abuse mechanisms should be prominently displayed on relevant Behavior, parts of any web site that allows user generated content to appear. It should also Including be possible for people who feel threatened in any way, or for people who have Bullying witnessed any worrying activity on the Internet, to be able to report it as quickly as possible to the relevant law enforcement agencies who need to be trained and ready to respond. The Virtual Global Taskforce is a law enforcement body which provides a 24/7 mechanism to receive reports about illegal behaviour or content from persons in the USA, Canada, Australia and Italy, with other countries expected to join soon. See www.virtualglobaltaskforce.com
Helping 6 There are a number of software programmes available which can help screen Children to Stay out unwanted material or block unwanted contacts. Some of these child Safer Through safety and filtering programmes may be essentially free because they are part the Use of of a computer’s operating system or they are provided as part of a package Technical Tools available from an ISP or ESP. The manufacturers of some game consoles also provide similar tools if the device is Internet enabled. These programmes are not foolproof but they can provide a welcome level of support, particularly in families with younger children. These technical tools should be used as part of a broader arsenal. Parental and/ or guardian involvement is critical. As children start getting a bit older they will want more privacy and they will also feel a strong desire to start exploring on their own. In addition, where a billing relationship exists between vendor and customer, age verification processes can play a very valuable role in helping vendors of age restricted goods and services or the publishers of material which is intended only for audiences at or above a certain age, to reach out to those specific audiences. Where no billing relationship exists the use of age verification technology may be problematic or in many countries it may be impossible due to a lack of reliable data sources..
Guidelines for Policy Makers 40 www.itu.int/cop
Guidelines for Policy Makers www.itu.int/cop 41
Stakeholders
In developing a national strategy to puters and the Internet work will promote online safety for children often exceed that of their parents and young people national govern- or teachers. ments and the policy making insti- tutions need to identify and engage But knowledge is not the same with the key stakeholders. as wisdom. Children’s and young people’s lack of experience of the Children and Young wider world can render them vul- People nerable to a range of risks. They have a right to expect help and Across the world children and protection. It is also important to young people have shown that remember that not all children and they can adapt to and use the new young people will experience the technologies with great ease. The Internet or the new technologies in Internet is becoming increasingly the same way. Some children with important within schools and as special needs caused by physi- an arena where children and young cal or other disabilities may be 6. people work, play and communi- particularly vulnerable in an online cate. environment and so will need extra Most children and young people support. have no fear of the Internet and Surveys have repeatedly shown are comfortable using the differ- that what adults think children ent devices that can now provide and young people are doing access to it. Children’s and young online and what is actually hap- people’s knowledge of how com- Guidelines for Policy Makers 42 www.itu.int/cop
pening can be very different. For to be able to do that they, in turn, accessible venues for thepresenta- have in development, as well as en- this reason, if for no other, it is need professional training linked tion of safety information. able them to correct existing ones. important to ensure, in whatever to first class, up to date teaching In some countries the Internet is arrangements are made at the resources. Industry governed by a framework of self national level to develop policy Parents and guardians will almost Clearly companies that are devel- regulation or co-regulation. This in this area, that appropriate oping or providing new technology always be the first, last and best line can give the Internet industry a mechanisms are found to enable products and services are going of defense and support for their voice in the development of public all children’s and young people’s to be well placed to help other own children. Yet when it comes policy and can help ensure that voices to be heard and that their stakeholders understand how they to the Internet they might feel a policy is well founded technically. concrete experiences of using the work and how to use them safely It also can mean that, as technolo- technology are taken into account. little lost. Again schools can act as and appropriately. For that reason an important channel for reach- gy changes, adjustments in practice it is important to engage with busi- can be introduced quite rapidly ing out to parents and guardians, Parents, Guardians and nesses to encourage them to share without having to wait for the to make them aware both of the Educators their knowledge and expertise. sometimes lengthy processes in- risks and the many positive possi- volved in devising and passing new bilities which the new technologies The industry also has a major One of the reasons many parents laws. While welcoming industry’s are buying computers with Internet present. However, schools should responsibility to help promote awareness of the online and safety engagement in helping to promote access for use at home is to help not be the only route used to reach a better understanding of online with their children’s education and out to parents and guardians. It is agenda, particularly to children and young people and their parents or safety issues it will also be impor- to help with homework assign- important to use many different tant for national governments and ments. Schools therefore have a channels so as to maximize the pos- guardians, but also to the wider community. By engaging in this other parts of the policy making particular responsibility to teach sibility of reaching out to as large a way the industry will learn more community to have their own inde- children about how to stay safer number of parents and guardians as about different stakeholders’ con- pendent sources of advice. online, whether they are using the possible. Public libraries, health cen- cerns and that knowledge will help Internet in school, at home or tres, even shopping malls and other them to identify such hazards in anywhere else. In order for teachers major retail centres can all provide any new products or services they
Guidelines for Policy Makers 43
The Research young people, parents, guardians appropriately trained to conduct Law enforcement is the primary Community and NGOs and educators to help promote investigations into Internet related source for CAM seized within the online safety agenda. crimes against children and young national borders. A process Within the universities and other people. They need the right level should be put in place to examine parts of the research community Law Enforcement of technical knowledge and ac- this material in order to establish there is very likely to be a range It is a sad fact that as wonderful as cess to forensic facilities to enable whether local victims can be iden- of academics and scholars who technology is, it has also attracted them to extract and interpret data tified. Where this is not possible have a professional interest in the attention of criminal and anti- obtained from computers or the the material should be passed and a very detailed knowledge of social elements. The Internet has Internet. onto INTERPOL for inclusion in both the social and the technical the ICSE Database. greatly increased the circulation In addition, it is very important aspects and impact of the Inter- of CAM. Sexual predators have that law enforcement estab- net. They could be a very valu- Social Services used the Internet to make initial lishes clear mechanisms to enable able resource in terms of helping contact with children and young children and young people, or Where children or young people national governments and policy people, luring them into very any member of the public, to have been harmed or abused makers to develop strategies harmful forms of contact, online report any incidents or concerns online, for example by having an which are based on hard facts and and offline. Bullying and other they might have about a child’s inappropriate or illegal picture good evidence. They can also act forms of harassment can do great or a young person’s online safety. posted of them, they are likely to as an intellectual counterweight to harm to children’s and young Many countries, for example, have need specialized and long-term the high-tech companies whose people’s lives and the Internet has established hotlines to facilitate support or counseling. Profes- interests can sometimes be short provided a new way for that to reports of CAM and similar sionals working within social ser- term in nature and be predomi- happen. dedicated mechanisms exist to vices will need to be appropriately nantly commercial in character. facilitate reports of other kinds trained to be able to provide this For these reasons, it is essential kind of support. Similarly, within the NGO com- that the law enforcement com- of issues, for example bullying munity there will very often be munity becomes fully engaged and other kinds of threatening a range of expertise and infor- with any overall strategy to help behavior. mation which can be an invalu- make the Internet safer for able resource in reaching out or children and young people. Law providing services to children, enforcement officers need to be
Guidelines for Policy Makers Guidelines for Policy Makers 45
Conclusion
The Internet is now the indispens- (IGF)25 and in many related inter- able nexus for an array of digital national fora. technologies which are transform- ing economies, opening up an At the individual level, the Inter- array of possibilities to improve net has become a tremendously people’s lives and to enrich societ- enriching and empowering tech- ies in a variety of ways. nology. Children and young peo- ple in particular have been major At a macro level, it is hugely beneficiaries of the Internet and important that the economic related digital technologies. These advantages which the Internet can technologies are transforming the generate are spread evenly across way we all communicate with each the world. The prospect of a digi- other and have opened up many tal divide growing up between the new ways to play games, enjoy developed world and the industri- music and engage in a vast array alizing economies, entrenching or of cultural activities, dissolving widening existing disadvantages or many barriers of time and space. 7. imbalances, was addressed by the Children and young people have WSIS processes. It continues to be very often been at the forefront a major feature of policy discus- of adopting and adapting to sions within the WSIS Forum24 , the possibilities provided by the the Internet Governance Forum Internet.
24 http://www.itu.int/wsis/implementation/2009/forum/geneva/index.html 25 www.intgovforum.org
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Yet, it is undeniable that the It is essential to discuss openly the National governments have an technology can change means that Internet has brought in its wake hazards which exist for children obligation to provide for the many of the traditional methods a range of challenges to chil- and young people online, so we protection of legal minors in both of law or policy making no longer dren’s and young people’s safety can teach them how to avoid the the “real” and “virtual” worlds. fit this purpose. As this report has which need to be addressed, both risks altogether or teach them In an important sense, because shown, the new technologies are because they are important in how to deal with them should the new technologies are now so also making new demands on law their own right but also because they nonetheless materialize, how- thoroughly integrated into the makers. it is important to communicate ever, we must not do so in a way lives of so many children and to everyone concerned that the which exaggerates the dangers young people in a number of im- Internet is a medium we should or which is unduly frightening. portant ways, it no longer makes all be able to trust. Equally it is An approach which deals only or sense to try to maintain rigid essential that, we collectively do largely with the negative aspects distinctions between “real world” not allow an apparent concern to of the technology is very unlikely events and online events. The two protect children and young people to be taken seriously by chil- are increasingly intertwined and online to become a platform to dren and young people because interdependent. justify entirely unrelated assaults hundreds of millions of them on free speech, free expression or are already using it everyday and National governments and the the freedom of association. they therefore know a great deal policy making community have a about what it is and what it can major responsibility both to set It is extremely important for the be. In this respect parents and the the framework within which an next generation to feel confident members of older generations can appropriate national and multi- about using the Internet in order often find themselves at a disad- national response can be devel- that they can, in turn, continue vantage. Here is an instance where oped and then to sustain it over to benefit from its development. young people will very often time. In doing so the Internet Thus, when discussing the safety know more about the technology industry itself and all of the rel- of children and young people on- and its possibilities than their par- evant stakeholders will have very line, it is vital to strike a balance. ents and teachers. But knowledge important roles to play, not least is not the same as wisdom. because the speed with which the
Guidelines for Policy Makers 47
Appendix 1 Contact Offences Against Children and Young People
Children and young people can be by a complete stranger, of those, predator can sexually exploit him exposed to a range of unwanted 23% said they felt scared and or her. These encounters may or inappropriate contact on the uncomfortable during the contact; even be photographed or video- Internet which can have dire con- and 4% of those kids received ag- taped. Children and young people sequences for them. Some of this gressive sexual solicitation. often lack emotional maturity contact might be sexual in nature. and self-esteem which makes Sexual predators use the Internet them susceptible to manipulation Studies in Europe by EU Kids to contact children and young and intimidation. They are also Online in 2008 reveal some dis- people for sexual purposes, often hesitant to tell adults about their turbing results (median figures): using a technique known as encounters for fear of embarrass- 15-20% have been bullied, ha- “grooming” whereby they gain ment or of losing access to the rassed or stalked online; 25% have the child’s confidence by appeal- Internet. In some cases they are received unwanted sexual com- ing to his or her interests. They threatened by predators and told ments; 9% have met people in often introduce sexual topics, to keep the relationship a secret. real life whom they had previously photos and explicit language to only known online. Though the desensitize, raise sexual awareness Sexual predators learn from one rates vary by country and region, and soften the will of their young another through Internet fora these figures demonstrate that the victims. Gifts, money and even and chat rooms. When commu- risks are real.26 One American In- tickets for transportation are used nicating with children and young, ternet study27 found that 32% of to persuade and lure the child or these predators often pretend to teens online have been contacted young person to a place where the be closer to the child’s or young
26 EU Kids Online Report, Comparing Children’s Online Opportunities and Risks Across Europe, pages 29- 30, June 2008. 27 Pew Internet and American Life Project 2007.
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person’s age than they really are, often to solicit their approval. In and claim to be seeking friend- such cases, the child or young ship. Once they gain the child’s person not only suffers harmful confidence, they take advantage and lasting psychological (and of his or her vulnerabilities — sometimes physical) trauma from such as loneliness or upset over a the heinous act but is victimized personal loss — to create an emo- over and over by the posting of tional dependence on the preda- the images on the Internet where tor. There are numerous media they become objects of collection reports of cases where a child or a for other predators. These new young person has agreed to meet images are welcomed and used, face-to-face with someone they traded and sometimes sold on the have been talking to online, and Internet to other predators who who they think is within their age need new material to satisfy their group, only to find that the indi- sexual fantasies. Sadly, victims are vidual is an older male interested often unable to obtain a sense of in having sex with them. Unfor- closure and to get on with their tunately, some of these cases have lives long after the horrible events resulted in the victimization and have occurred because they live in sexual molestation of the child; in constant fear that their image will a few cases the outcomes were far be recognized by others. Even worse. more contemptible is the use of these images by the predator to A particularly disturbing trend is “blackmail” the child or young for predators to broadcast sexual people into maintaining silence acts with children or young people and complying with the ongoing via real-time webcam video to an abuse. audience of other predators —
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Appendix 2 “Child Pornography: Model Legislation & Global Review”
With the support of Interpol Unfortunately, the report con- and Microsoft, the International cluded28 that few of the world’s Centre for Missing & Exploited countries have legislation in place Children (ICMEC) reviewed the that is sufficient to combat child child pornography legislation of pornography on some level. the 187 Interpol Member Coun- tries and made recommenda- The complete report, which tions for key concepts that, when is now in its 5th Edition, can applied in national legislation, be found at www.icmec.org in would constitute a comprehensive Arabic, English, French, Korean, legislative strategy to combat child Portuguese, Russian, Spanish, 29 pornography. Thai and Turkish. Following is a listing of Interpol Member Countries and the status of their child pornography legisla- tion.
28 The report concluded that: only 29 have legislation sufficient to combat child pornography offenses (5 Interpol Member Countries meet all of the criteria set forth above and 24 Interpol Member Countries meet all but the last criteria, pertaining to ISP reporting); and 93 Interpol Member Countries have no legislation at all that specifically addresses child pornography. Of the remaining Interpol Member Countries that do have legislation specifically addressing child pornography: 54 do not define child pornography in national legislation; 24 do not explicitly provide for computer-facilitated offenses; and 36 do not criminalize possession of child pornography, regardless of the intent to distribute. 29 www.icmec.org
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Global Review (Reprinted with the permission of the International Centre for Missing & Exploited Children)
= No = Yes Country Legislation “Child Computer- Simple ISP Specific Pornography” Facilitated Possession32 Reporting33 to Child Defined Offenses31 Pornography30
Afghanistan Albania Algeria Andorra Angola
30 For the purposes of this report, we were looking for specific laws that proscribe and/or penalize child-pornography offenses. Mere labor legislation that simply bans the “worst forms of child labor,” among which is child pornography, is not considered “legislation specific to child pornography.” Further, countries in which there is a general ban on pornography, regardless of whether the individuals being depicted are adults or children, are not considered to have “legislation specific to child pornography,” unless there is a sentencing enhancement provided for offenses committed against a child victim. 31 In order to qualify as a computer-facilitated offense, we were looking for specific mention of a computer, computer system, Internet, or similar language (even if such mention is of a “computer image” or something similar in the definition of “child pornography”). In cases where other language is used in national legislation, an explanatory footnote is provided. 32 “Simple possession,” for the purposes of this report, refers to possession regardless of the intent to distribute. 33 While some countries may have general reporting laws (i.e., anyone with knowledge of any crime must report the crime to the appropriate authorities), only those countries that specifically require ISPs to report suspected child pornography to law enforcement (or another mandated agency) are included as having ISP reporting laws. Note that there are also provisions in some national laws (mostly within the European Union) that limit ISP liability as long as an ISP removes illegal content once it learns of its presence; however, such legislation is not included in this section.
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography Antigua & Barbuda Argentina Armenia Aruba Australia
Austria 34 Azerbaijan Bahamas Bahrain Bangladesh Barbados
34 Section 207a(1)(3) of the Austrian Penal Code criminalizes “mak[ing] available in any other manner…a pornographic depiction of a minor.” Emphasis added.
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography Belarus
Belgium 35 Belize Benin
Bhutan 36 Bolivia
Bosnia- 37 Herzegovina Botswana Brazil
35 Article 383bis of the Belgian Penal Code, as amended on 1 April 2001, criminalizes, inter alia, the dissemination of child pornography, thereby including dissemination via computers. Letter from Jan Luykx, Deputy Chief of Mission, Embassy of Belgium, Washington, D.C., to Ernie Allen, President and CEO, International Centre for Missing & Exploited Children (Feb. 24, 2006) (on file with the International Centre for Missing & Exploited Children). 36 According to Article 225(b) of the Penal Code of Bhutan, “[a] defendant shall be guilty of the defense of pedophilia if the defendant…sells, manufactures, distributes, or otherwise deals in material that contains any depiction of a child engaged in sexual contact.” Emphasis added. 37 Articles 189 and 211 of the Penal Code of Bosnia-Herzegovina reference “other pornographic materials” in addition to photographs and audio-visual tapes.
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography
Brunei 38
Bulgaria 39 Burkina-Faso Burundi Cambodia Cameroon
38 While there is no mandatory-reporting requirement specific to ISPs, under the laws of Brunei all ISPs and Internet Content Providers (ICPs) licensed under the Broadcasting (Class License) Notification of 2001 must comply with the Code of Practice set forth in the Broadcasting Act (Cap 181). ISPs and ICPs are required to satisfy the Minister responsible for broadcasting matters that they have taken responsible steps to fulfill this requirement. Under the Broadcasting Act, such Minister has the power to impose sanctions. Content that should not be allowed includes, inter alia, that which depicts or propagates pedophilia. The Licensee must remove or prohibit the broadcast of the whole or any part of a program included in its service if the Minister informs the Licensee that the broadcast of the whole or part of the program is contrary to a Code of Practice applicable to the Licensee, or if the program is against the public’s interest, public order, or national harmony, or offends against good taste or decency. The Licensee must also assist the Minister responsible for broadcasting matters in the investigation into any breach of its license or any alleged violation of any law committed by the Licensee or any other person; and shall also produce such information, records, documents, data, or other materials as may be required by the Minister for the purposes of the investigation. E-mail from Salmaya Salleh, Second Secretary, Embassy of Brunei, Washington, D.C., to Jessica Sarra, Director of Global Operations, International Centre for Missing & Exploited Children (Mar. 21, 2006) (on file with the International Centre for Missing & Exploited Children).
39 Article 159(3) of the Bulgarian Penal Code, when read in conjunction with Article 159(1), criminalizes, inter alia, “otherwise circulat[ing] works with a [child] pornography content.” Emphasis added.
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography
Canada 40 Cape Verde Central African Republic Chad Chile
40 While there is no mandatory reporting requirement specific to ISPs, ISPs in Canada collaborate with law enforcement and work closely to facilitate the reporting of offending material. Canadian criminal law employs a very broad definition of “child pornography,” which gives its comprehensive set of offenses additional scope. The specific offenses of transmitting, making available, and accessing were added in 2002 to address the Internet context and would apply to the activities of ISPs. Canada also introduced a “notice and takedown” provision for child pornography found on the Internet in that same legislation. Penalties for child pornography offences were enhanced in 2005 by: imposing mandatory minimum penalties; increasing the maximum penalties on summary conviction from 6 to 18 months imprisonment; making the commission of any child pornography offense with intent to profit an aggravating factor for sentencing purposes; making denunciation and deterrence the primary sentencing objectives in any case involving the abuse of a child; and making the abuse of any child an aggravating factor for sentencing purposes. In addition to the comprehensive protections found under the criminal law, Canada also has a national, public tipline for reporting online child sexual exploitation (www.Cybertip. ca) that performs a triage function on those reports for law enforcement. Additionally, Cybertip.ca also maintains the Project Cleanfeed Canada database that blocks approximately 90% of Canadian subscribers from accessing known child pornography sites that may be beyond the reach of Canadian prosecution. Further, Canada has a National Strategy for the Protection of Children from Sexual Exploitation on the Internet, of which the National Child Exploitation Coordination Centre (Centre) is a key component. The Centre, which is located with the Royal Canadian Mounted Police, coordinates domestic and foreign online child sexual exploitation investigation, provides training to Canadian law enforcement, and serves as a central clearing house for reports received from Cybertip.ca. Summary of letter from Carole Morency, A/General Counsel, Criminal Law Policy Section, Department of Justice Canada, to Jessica Sarra, Director of Global Operations, International Centre for Missing & Exploited Children (June 24, 2008) (complete letter on file with the International Centre for Missing & Exploited Children).
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography China41 42 43 Colombia Comoros Congo Costa Rica Côte d’Ivoire Croatia
41 Child pornography legislation in Hong Kong differs from that in China. Legislation in Hong Kong: • defines child pornography; • criminalizes computer-facilitated offenses; and • criminalizes simple possession of child pornography. 42 While China does not have any specific child-pornography legislation, there is a general prohibition on obscene and pornographic materials in the Criminal Code. In 2004, with the aim of better protecting minors, the Supreme People’s Court and the Supreme People’s Protectorate promulgated an “Interpretation On Several Issues Regarding the Implementation of Laws in Dealing with Criminal Cases Involving the Production, Duplication, Publication, Sale, Dissemination of Pornographic Electronic Information Using Internet, Mobile Communications Terminals, Radio Stations.” Article 6 of this Interpretation explicitly stipulates that, “whoever disseminates, duplicates, publishes, or sells pornographic electronic information that depicts sexual behaviors of adolescents under the age of 18, or provides direct linkage in the Internet server or websites owned, managed, or used by himself/herself, to the electronic information with the knowledge that such information depicts sexual behaviors of adolescents under the age of 18, shall be severely punished in accordance with Article 363 of the Criminal Law regulating the punishment of crimes of production, duplication, publication, sale, and dissemination of pornographic materials, or Article 364 regulating the punishment of crimes of dissemination of pornographic materials with serious circumstances.” E-mail from Chen Feng, Police Liaison Officer, Embassy of the People’s Republic of China, Washington, D.C., to Jessica Sarra, Director of Global Operations, International Centre for Missing & Exploited Children (Mar. 17, 2006) (on file with the International Centre for Missing & Exploited Children). 43 The 2004 Interpretation by the Supreme People’s Court and the Supreme People’s Protectorate applies to computer-facilitated offenses.
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography Cuba Cyprus
Czech 44 Republic Democratic Republic of Congo Denmark 45 Djibouti Dominica Dominican Republic Ecuador Egypt
44 While there is no ISP-reporting requirement in Czech law, the Czech National Plan on the Fight Against Commercial Sexual Exploitation of Children, available online at http://www.mvcr.cz/prevence/priority/kszd/en_tab.html, names the Ministry of Transportation and Communications and the Ministry of the Interior as the national agencies charged with specifying the statutory obligation of Internet providers included in the Telecommunications Act (No. 151/2000) to file the necessary data on illegal websites and to hand them over to Czech law enforcement. The expected result of this measure is to secure “evidentiary facts against those who spread child pornography on the Internet.” 45 Section 235 of the Danish Criminal Code criminalizes, inter alia, dissemination and possession of “other…visual reproductions” of pornographic materials concerning children under the age of 18.
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography El Salvador Equatorial Guinea Eritrea
Estonia 46 Ethiopia Fiji
Finland 47 France Gabon Gambia Georgia
46 Articles 177 and 178 of the Estonian Penal Code criminalize using a minor in “other works” or using “any other manner” to manufacture, store, hand over, display, or make available child pornography. 47 Chapter 17, section 18 of the Finnish Criminal Act criminalizes “any person who…otherwise distributes obscene pictures or visual recordings depicting children.”
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography Germany 48 Ghana
Greece 49 Grenada Guatemala Guinea Guinea Bissau Guyana Haiti Honduras
48 While there is no explicit obligation for an ISP to report to law enforcement or another mandated agency, in most cases ISPs will file reports with law enforcement. It is a punishable offense for an ISP that knows of child pornographic material on its websites to not delete the illegal content. Factors considered include whether it was possible and reasonable for the ISP to detect the data and to delete or block it, as there are many ISPs in Germany that offer large storage capacities for commercial purposes. E-mail from Klaus Hermann, Counselor/Police Liaison, Embassy of Germany, Washington, D.C., to Jessica Sarra, Director of Global Operations, International Centre for Missing & Exploited Children (Feb. 9, 2006) (on file with the International Centre for Missing & Exploited Children). 49 Article 348a of the Greek Penal Code criminalizes various child-pornography offenses, including possession, purchase, transfer, and sale of child pornography “in any way.”
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography Hungary 50
Iceland 51 India Indonesia Iran Iraq Ireland Israel Italy Jamaica Japan
50 Under Section 195/A(3) of the Hungarian Criminal Code, a person making, distributing, or trading pornographic pictures of a minor by video, film, photograph, or “by any other means,” or making such pictures available to the public, commits a felony. Further, according to a recent decision of the Hungarian Appellate Court (Nr. BH 133/2005), the reference to “any other means” and “making available to the public” includes distribution through the Internet. Letter from Viktor Szederkényi, Deputy Chief of Mission, Embassy of the Republic of Hungary, Washington, D.C., to Jessica Sarra, Director of Global Operations, International Centre for Missing & Exploited Children (Feb. 6, 2006) (on file with the International Centre for Missing & Exploited Children).
51 Article 210 of the Penal Code of Iceland criminalizes the “possession of photographs, films, or comparable items depicting children in a sexual or obscene manner.” Emphasis added.
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography Jordan Kazakhstan Kenya Korea Kuwait Kyrgyzstan Laos
Latvia 52 Lebanon Lesotho Liberia Libya
52 Article 166(2) of the Criminal Law of Latvia criminalizes “the importation, production, public demonstration, advertising, or other distribution of such pornographic… materials as relate or portray the sexual abuse of children.” Emphasis added.
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography Liechtenstein 53 Lithuania
Luxembourg 54
Macedonia 55
Madagascar 56 Malawi Malaysia Maldives Mali Malta
53 While there is no specific mention of ISP reporting in the Penal Code of Liechtenstein, in the draft of the new Children and Youth Act, a reporting requirement is foreseen that would apply to “anyone learning of the endangerment of the welfare of a child or young person.” E-mail from Claudia Fritsche, Ambassador, Embassy of Liechtenstein, Washington, D.C., to Jessica Sarra, Director of Global Operations, International Centre for Missing & Exploited Children (Feb. 7, 2006) (on file with the International Centre for Missing & Exploited Children). 54 Article 383 of the Penal Code of Luxembourg criminalizes not only the manufacture and possession (for trade, distribution, or public display) of “writings, printings, images, photographs, films, or other objects of a pornographic nature,” but also the commission of a variety of other child-pornography offenses in “any way.” Emphasis added. 55 Article 193(3) of the Macedonian Penal Code criminalizes the abuse of a “juvenile” in the “production of…other objects with a pornography content.” 56 Article 346 of the Penal Code of Madagascar criminalizes the use of “any means” to disseminate child pornography.
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography Marshall Islands Mauritania Mauritius Mexico Moldova Monaco Mongolia
Montenegro 57 Morocco Mozambique Myanmar Namibia Nauru
57 Article 211(2) of the Penal Code of Montenegro criminalizes “exploit[ing] a child for the production of pictures, audio-visual, or other items of pornographic content.” Emphasis added.
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography Nepal 58 Netherlands 59
Netherlands 60 61 62 Antilles New Zealand Nicaragua Niger Nigeria Norway Oman Pakistan
58 While not specific to child pornography, section 47 of the Electronic Transaction Ordinance of 2004 does prohibit the publishing or displaying on computers, the Internet, or other electronic media, materials that are prohibited by law to be published or displayed because they are against public morality and decency. 59 While there is no legal or contractual obligation for ISPs to report suspected child pornography to law enforcement, Netherlands-based ISPs do have a practice of reporting their findings of child pornography immediately to law enforcement and the ISPs remove the content from the concerned web site. Further, on the request of law enforcement, ISPs hand over their logs concerning the web site(s) under suspicion. E-mails from Richard Gerding, Counselor for Police and Judicial Affairs, Royal Embassy of The Netherlands, Washington, D.C., to Jessica Sarra, Director of Global Operations, International Centre for Missing & Exploited Children (Feb. 8, 2006) (on file with the International Centre for Missing & Exploited Children). 60 While legislation specific to child pornography does not yet exist, a committee has been installed to revise the current Netherlands Antilles Penal Code. Specific legislation on child pornography will be introduced (Proposed Article 2.13.4). E-mail from Richard Gerding, Counselor for Police and Judicial Affairs, Royal Embassy of The Netherlands, Washington, D.C., to Jessica Sarra, Director of Global Operations, International Centre for Missing & Exploited Children (Feb. 22, 2006) (on file with the International Centre for Missing & Exploited Children). 61 Proposed Article 2.13.4 would criminalize computer-facilitated offenses. 62 Proposed Article 2.13.4 would criminalize simple possession.
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography Panama 63 Papua New Guinea Paraguay Peru Philippines Poland
Portugal 64
Qatar 65 Romania
63 While there is no mandatory-reporting requirement specific to ISPs, Article 231-I of the Panamanian Penal Code establishes that anyone who has knowledge of the use of minors in pornography or sexual activities, whether the person obtained such information by means of his or her duties, job, business, profession, or by any other means, and fails to report it to the authorities, he or she will be sent to prison for this omission. If the commission of the crime (child pornography or sexual activity) cannot be proved after the report, the person who reported it will be exempted of any liability with regards to his or her report to the authorities. E-mail from Isabel Fernández, Embassy of Panama, Washington, D.C., to Jessica Sarra, Director of Global Operations, International Centre for Missing & Exploited Children (Apr. 12, 2006) (on file with the International Centre for Missing & Exploited Children). 64 It can be inferred from Article 172 of the Portuguese Penal Law that the expression “by any means” allows a Prosecutor to view information and communication technologies as a means to commit the crime of circulating images, sounds, or movies clearly showing minors younger than 14 years old engaged in sexual acts. Letter from Pedro Catarino, Ambassador, Embassy of Portugal, Washington, D.C., to Ernie Allen, President and CEO, International Centre for Missing & Exploited Children (Feb. 22, 2006) (on file with the International Centre for Missing & Exploited Children).
65 Article 292 of the Penal Code of Qatar specifically mentions “books, publications, other written materials, pictures, photographs, films, symbols, or other items.” Emphasis added.
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography Russia Rwanda St. Kitts & Nevis St. Lucia St. Vincent & the Grenadines San Marino Sao Tome & Principe Saudi Arabia Senegal
Serbia 66 Seychelles
66 Article 111a of the Serbian Penal Code criminalizes making a “photograph, film, or some other picture” of a minor for the purpose of making an item of pornographic content. Additionally, Article 185 criminalizes using a minor for producing “pictures, audio-visual, or other items of pornography content.” Emphasis added.
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography Sierra Leone Singapore Slovak Republic Slovenia 67 Somalia South Africa
Spain 68 Sri Lanka Sudan Suriname Swaziland
67 Article 187(2) of the Penal Code of Slovenia criminalizes the abuse of a minor “to produce pictures, audio-visual, or other items of a pornographic nature”; Article 187(3) criminalizes the actions of anyone who “produces, distributes, sells, imports, exports, … or supplies [pornographic material depicting minors] in any other way, or who possesses such material with the intention of producing, distributing, selling, importing, exporting, or supplying it in any other way.” Emphasis added. 68 Article 189(1)(a) of the Spanish Penal Code criminalizes using a minor “to prepare any type of pornography material”; Article 189(1)(b) criminalizes producing, selling, distributing, displaying, or facilitating the production, sale, dissemination, or exhibition, of “any type” of child pornography by “any means”; and Article 189(7) repeats the “any type” and “any means” language previously used. Emphasis added.
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography Sweden 69 70 Switzerland Syria Tajikistan Tanzania Thailand Timor Leste Togo Tonga Trinidad & Tobago
69 Swedish criminal legislation is, in principle, formulated so that it will apply regardless of technical prerequisites. The criminalization of child pornography is no exception and accordingly, Chapter 16, Section 10a, of the Swedish Penal Code extends to computer-facilitated offenses. Letter from Anette Nilsson, First Secretary, Embassy of Sweden, Washington, D.C., to Jessica Sarra, Director of Global Operations, International Centre for Missing & Exploited Children (Feb. 23, 2006) (on file with the International Centre for Missing & Exploited Children). 70 In 1998, Sweden enacted the Bulletin Board System (BBS) Liability Act (1998:112), which aims to prevent the spread of child pornography by obligating BBS providers to supervise BBS content. BBS providers are also obligated to remove or in some other way prevent the dissemination of messages with a criminal content, including those with child pornography. Letter from Anette Nilsson, First Secretary, Embassy of Sweden, Washington, D.C., to Jessica Sarra, Director of Global Operations, International Centre for Missing & Exploited Children (Feb. 23, 2006) (on file with the International Centre for Missing & Exploited Children).
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography Tunisia 71 Turkey Turkmenistan Uganda Ukraine United Arab Emirates United 73 Kingdom72 United States
Uruguay 74 Uzbekistan
71 Article 234 of the Tunisian Penal Code criminalizes, inter alia, the use of “any visual recordings or photographs” depicting pornographic images of children. 72 For the purposes of this report, the United Kingdom includes England and Wales. 73 The United Kingdom operates a voluntary “notice and takedown” procedure overseen by the Internet Watch Foundation (IWF), an independent industry-funded body, endorsed by the police and government. U.K. ISPs “take down” images of child pornography when notified of them by IWF. Failure to do so could make them liable to prosecution. Letter from Tony Lord, First Secretary, Justice & Home Affairs, Embassy of Great Britain, Washington, D.C., to Ernie Allen, President and CEO, International Centre for Missing & Exploited Children (Feb. 9, 2006) (on file with the International Centre for Missing & Exploited Children). 74 Law 17.815 of the Oriental Republic of Uruguay criminalizes certain child-pornography offenses regardless of how they are committed (i.e., Article 1: “in any way makes or produces child pornography”; Article 2: “in any way facilitates the commercialization, diffusion, exhibition, storage, or acquisition of child pornography”).
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Country Legislation “Child Computer- Simple ISP Reporting Specific Pornography” Facilitated Possession to Child Defined Offenses Pornography Vatican City 75 76 Venezuela Vietnam Yemen Zambia Zimbabwe
75 In the absence of specific child-pornography legislation, such cases may be delegated to the Italian judiciary system at the request of the Holy See. 76 “The Holy See has no Internet Service Provider external to it and the navigation from the internal provider has filters which impede not only access to any sites related to child pornography, but also online distribution of pornographic material. Given that the Holy See’s web site is institutional, only those issues which are inherent to its mission…can be found there.” Letter from Archbishop Pietro Sambi, Apostolic Nuncio, Apostolic Nunciature, United States of America, to Ernie Allen, President and CEO, International Centre for Missing & Exploited Children (June 5, 2006) (on file with the International Centre for Missing & Exploited Children).
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Appendix 3 Child Safety Software
There are many software pack- The effectiveness of child safety young person knows how to avoid Commercial Products ages and technical tools avail- software can vary enormously online hazards, or knows how to • Net Nanny Parental Con- able on the market that can help and in some countries efforts deal with them should they arise. trols screen out unwanted and un- have been made to introduce • Safe Eyes Examples of currently available desirable content and contacts, a “seal of approval” to give a • CYBERsitter child safety software packages help limit the amount of time a basic level of quality assurance • WiseChoice.net include: computer can access the Internet that will help parents, teachers, • CyberPatrol or limit the applications which children and young people to Free Products • MaxProtect can run on a particular com- choose a programme that best • FilterPak puter or device. Some operating meets their needs and is likely to 1. K9 Web Protection (http:// • Netmop systems also include such tools work in an efficient and easy to www.k9webprotection. • imView as part of their standard provi- understand way. com/) • McAfee Parental Controls sion. Typically these functions 2. SafeFamilies (http://www. • Norton Parental Controls will underpin or supplement It should always be noted that, safefamilies.org/download. • Child Safe the key safety messages that are sooner or later, every device will php) • ContentProtect Security Ap- common to Internet safety cam- fail and that software can malfunc- 3. File Sharing Sentinel (http:// pliance paigns in all parts of the world. tion. To that extent parents, teach- www.akidthaine.com/) • http://www.cybersentinel. Safety software of this type ers, children and young people 4. B-Gone (http://support. co.uk/ is widely used in schools and should never entirely delegate it-mate.co.uk/?mode= For a more detailed list of both public libraries, and is similar to their responsibilities to safety Products&p= bgone) commercial and free products see those that employers may deploy programmes. Such programmes 5. The latest versions of www.getnetwise.org. on their internal networks to should always been seen as Windows and Mac OS also limit inappropriate or non-work complementary to sound educa- include tools which can be related use of the Internet dur- tion and awareness programmes used without any further ing working hours. designed to ensure that a child or payment
Guidelines for Policy Makers 71
Appendix 4 Developing a National Strategy
The Internet has made possible 2. Outlawing the possession, ness of the fact that this is not and social programmes include a range of ways of abusing chil- production and distribution of a victimless crime: children are sections on cybersafety and the dren and young people, e.g., via CAM, irrespective of the intent abused to produce the material risks posed by online predatory web cams and chat rooms, which to distribute. being viewed and by intentional- behaviour, with age appropriate were simply impossible before ly viewing or downloading CAM advice. 3. Taking additional steps to its arrival as a mass consumer one is contributing directly to disrupt or reduce the traffic in 8.Considering other strategies to product. The internet has also the abuse of the child depicted CAM, for example by establish- address the demand for CAM. played a singular role in expand- and one is also encouraging the ing a national hotline and by For example, some countries ing the scale on which CAM has abuse of more children to pro- deploying measures which will duce more pictures. maintain a register of convicted become available in all parts of block access to web sites and sex offenders. Courts have is- the world. For these reasons, Usenet Newsgroups known to 6. Building awareness of the fact sued judicial orders banning when addressing online safety contain or advertise the avail- that children can never consent such offenders from using the concerns for children and young ability of CAM. to being sexually abused, wheth- Internet altogether or from us- people policy makers may wish er for the production of CAM ing parts of the Internet which to give particular consideration 4. Ensuring that national pro- or in any other way. Encourage are frequented by children and to some or all of the following: cesses are in place which ensure people who use CAM to seek young people. The problem with that all CAM found in a country help, while at the same time, these orders hitherto has been 1. Outlawing “grooming” or is channelled towards a centra- making them aware that they will one of enforcement. However, other forms of remote en- lised, national resource. be held criminally responsible in some countries consideration ticement of legal minors into for the illegal activity in which is being given to integrating the inappropriate sexual contact or 5. Developing strategies to ad- they engaged/are engaging. list of known sex offenders into sexual activity. dress the demand for CAM par- a block list which will prevent ticularly among those who have 7. Ensuring that law enforce- those on it from visiting or join- convictions for such offences. ment crime prevention strate- ing certain web sites, for exam- It is important to build aware- gies as well as school-based
Guidelines for Policy Makers 72 www.itu.int/cop ple web sites known to be visited 10. Ensuring that a mechanism from digital devices. In addition by large numbers of children is established and is widely it will be important to establish and young people. Of course promoted to provide a readily bilateral and multilateral collabo- if the offender joins a web site understood and rapid means for ration and information exchang- while using a different name or reporting illegal content or il- es with relevant law enforcement fake log-in the effectiveness of legal or worrying online behav- authorities and investigative such measures can be greatly iour e.g. a system similar to that bodies in other countries. reduced but by criminalising this which has been established by behaviour a further deterrent the Virtual Global Taskforce, can be established. http://www.virtualglobaltask- force.com. The use of the IN- 9. Providing appropriate long- TERPOL i24/7 system should term support for victims. Where be encouraged. children or young people have been victimized online, where 11. Ensuring that a sufficient for example an illegal image number of law enforcement of- of them has appeared on the ficials are appropriately trained Internet, they will naturally feel in investigating Internet and very concerned about who might computer-based crime and have have seen it and what impact this access to appropriate forensic fa- will have on them. It could leave cilities to enable them to extract the child or young person feel- and interpret relevant digital ing vulnerable to bullying or to data. further sexual exploitation and abuse. In that context it will be 12. Investing in training for important for there to be profes- law enforcement, prosecutorial sional support services available and judicial authorities in the to support children and young methods used by online crimi- people who find themselves in nals to perpetrate these crimes. these circumstances. Such sup- Investment will also be needed port may need to be provided on in acquiring and maintaining a long-term basis. the facilities necessary to obtain and interpret forensics evidence
Guidelines for Policy Makers www.itu.int/cop
Photo credits: www.shutterstock.com, Violaine Martin/ITU, Ahone Ayeh Njume-Ebong/ITU
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Guidelines((( ( for
Policy( Makers on ( Child((( ( Online Protection
International Telecommunication Union Place des Nations CH-1211 Geneva 20 Switzerland www.itu.int/cop
Printed in Switzerland Geneva, 2009
With the support of: CHISCHIS www.itu.int/cop