Figure I. Cybercrime act descriptions
Acts against the confidentiality, integrity and
availability of computer data or systems
∙∙
∙∙
∙∙
∙∙
Illegal access to a computer system
Illegal access, interception or acquisition of computer data
Illegal interference with a computer system or computer data
Production, distribution or possession of computer misuse
tools
∙∙ Breach of privacy or data protection measures
Computer-related acts for personal or financial
gain or harm
∙∙
∙∙
∙∙
∙∙
∙∙
∙∙
Computer-related fraud or forgery
Computer-related identity offences
Computer-related copyright or trademark offences
Sending or controlling the sending of Spam
Computer-related acts causing personal harm
Computer-related solicitation of “grooming” of children
Computer content-related acts
∙∙ Computer-related acts involving hate speech
∙∙ Computer-related production, distribution or possession of
child pornography
∙∙ Computer-related acts in support of terrorism offences
Source: Comprehensive Study on Cybercrime, 2013.
Three of these act descriptions have particular relevance
for the consideration of child abuse and exploitation:
computer-related acts causing personal harm; computer
related solicitation or “grooming” of children; and computerrelated production, distribution and possession of child
pornography. These acts are by no means exhaustive of the
type of offences for which children may fall victim through
ICT, but they do provide a good starting point for discussion.
The first two acts fall into the category of “computer-related
acts for personal or financial gain or harm” and the third
under “computer content-related acts”.
“Computer-related acts for personal or financial gain or
harm” refer to “acts for which the use of a computer system
is inherent to the modus operandi” and in which the object of
the offence may be regarded as the individual targeted, such
as through the use of a computer system to harass, bully,
threaten, stalk or to cause fear or intimidation of an individual,
or “grooming” of a child. As noted in the Cybercrime Study,
one challenge is that this category may include a broad range
of otherwise offline crimes, when committed with the use
or help of a computer system.26 The category of “computer
content-related acts” concerns computer content—the words,
images, sounds and representations transmitted or stored
by computer systems, including the Internet. The material
offence object in content-related offences is often a person, an
identifiable group of persons, or a widely held value or belief.
Similar to the category of computer-related acts for personal
or financial gain or harm, these acts could, in principle, be
committed offline, as well as through the use of computer systems.27 Within both broad categories of acts, clear legislation
and definitions are key for providing w
ell-defined criminalization of conduct especially related to ICT-facilitated child
abuse and exploitation. In particular, some courses of conduct may cut across categories, such as when a child is both
“groomed” online and persuaded to send personal images of
a sexual nature.
The remainder of the study is divided into four parts.
Chapter I builds on the above by identifying and defining key
terms in analysing the problem of ICT-facilitated child abuse
and exploitation. It describes the most common types and
forms of related behaviour, utilizing terminology that seeks to
provide an effective description of relevant phenomena, practices and acts, which may or may not be currently criminalized
in all jurisdictions. Chapter II evaluates the effects of ICTs on
common and new forms of child abuse and exploitation, and
describes how the use of information and communication technologies in the commission of offences can increase the levels of
harm to victims. Chapter II also provides a brief overview of the
main risk factors for victims as well as potential offender profiles. It briefly describes organized groups of offenders and the
role of organized criminal networks in child abuse and exploitation. Chapter III discusses efforts at combating the problem of
ICT-facilitated child abuse and exploitation. It briefly explores
national, regional and international efforts in preventing and
suppressing the main forms of ICT-facilitated child abuse and
exploitation. Chapter III also provides an overview of different practices and policies used to combat ICT-facilitated child
sexual abuse and exploitation and identifies opportunities to
enhance the fight against these crimes.
26
27
UNODC, 2013. Pp. 17-18.
UNODC, 2013. Pp. 18-19.
4 STUDY ON THE EFFECTS OF NEW INFORMATION TECHNOLOGIES ON THE ABUSE AND EXPLOITATION OF CHILDREN