Cyberbullying, stalking and harassment Few countries have specific legal regimes that address online harassment offences, such as cyberstalking, harassment or bullying. With respect to cyberstalking, many countries do not consider voyeurism or invasion of privacy to be criminal offences, 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 offence. 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 cyberbullying, 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 coregulation. This is a generic term for cooperative 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, self-regulation, 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 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. 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 ICTfacilitated 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 investigators to automatically compare suspects’ image collections to databases of known representations of child sexual abuse was limited. This was due primarily to the fact that previous software was based on hash-value comparison techno­ logy, which only matched images that were exactly identical, so that even minimal alterations, such as stretching the dimensions, flipping the orientation of the image, changing the coloration, or even changing the file names, would render the image undetectable in automated search processes. In comparison, PhotoDNA, which is available to law enforcement free of charge, creates a unique signature for a digital image, something like a fingerprint, which can be compared with the signatures of other images to find copies of that image.286 Other software developers have also deployed technical innovations to combat the proliferation of child sexual abuse material by working to enable ISPs to algorithmically find and remove child sexual abuse material from their servers. Such products are also employed by governments to conduct investigations, and private sector enterprises to 285 Latonero M., 2011. Human Trafficking Online: The Role of Social Networking Sites and Online Classifieds (2011). Pp. 31-32. Available at http://dx.doi.org/10.2139/ssrn.2045851. 286 III. Combating the problem  45

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