E/CN.15/2014/CRP.1 Cyber-enticement, solicitation or online-grooming Reports of cases of cyber-enticement or online grooming have increased in recent years. The Cybercrime Study found that almost 70 percent of countries criminalize this offense although most of the laws pertain to general and not to cyber-specific offenses.284 The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, which has been ratified by 31 Council of Europe-countries, in article 23 specifically requires States Parties to enact legislation that criminalizes this conduct. As the nature and prevalence of grooming offenses becomes better known, additional States may enact criminal laws against it. Cyber-bullying, stalking and harassment Few countries have specific legal regimes that address online harassment offenses, such as cyber-stalking, harassment or bullying. With respect to cyber-stalking, many countries do not consider voyeurism or invasion of privacy to be criminal offenses, particularly when they occur exclusively online. Nearly all States do, however, criminalize stalking conduct that escalates into kidnapping, threats of violence, or any kind of contact offense. Some states have adopted laws that a communication must evidence a serious expression of an intention to inflict bodily harm as perceived by a reasonable person. Nonetheless, the growth of social networks, as well as recent child suicide cases possibly linked with cyber-bullying, have raised new concerns about the expansion of the phenomenon. Policy dialogue concerning the appropriateness of any criminal justice response where the perpetrator is also a minor, as well as the nature of effective education and prevention approaches, represents an urgent need in this area. Limiting children’s exposure to harmful content Many of the initiatives to combat exposure of children to harmful content focus on non-statutory forms of regulation. In many territories, models are being developed that allow for greater co- and self-regulation with and by the private sector. These initiatives suggest that the implementation of measures, such as those to protect children from potential harm, can be implemented efficiently and speedily, while being accepted by the stakeholders in this process. One model is co-regulation. This is a generic term for co-operative forms of regulation that are designed to achieve public objectives and that contain elements of self-regulation as well as of traditional legal regulation. The other model, selfregulation, is the process whereby industry actively participates in and is responsible for its own regulation, while remaining subject to the general rule of law. The basic elements of self-regulation include a code of practice or guidelines adopted by the industry processes by which application of the code or principles may be assessed a complaints resolution process, including sanctions.285 Investigation of ICT-facilitated child abuse and exploitation At the same time as ICT offers a sense of anonymity to perpetrators, and can present some challenges to offender identification, it also offers many opportunities for law enforcement investigations, including through the generation of clear evidence trails. This section considers the use of image analysis and image databases, digital forensics, automated search, data mining and analytics, and undercover operations in the investigation of ICT-facilitated child abuse and exploitation. Image analysis and image databases A critical function of law enforcement in regard to ICT-facilitated abuse and exploitation of children is the ongoing effort to rescue unidentified victims seen in online material. Technologies such as Microsoft’s “PhotoDNA” are vital in helping law enforcement quickly identify ‘known’ images. Prior to the development of such software, the ability of __________________ 284 285 44 UNODC, 2013. P. 104. Andrea Millwood Hargrave, 2009. Protecting children against harmful content. Report prepared for the Council of Europe’s Group of Specialists on Human Rights in the Information Society. Available at https://www.bka.gv.at/DocView.axd?CobId=40268. V.14-03040