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