51 Copyright and Neighbouring Rights Act. It may be necessary, however, to review legislation to ensure that the full range of behaviours to be targeted is dealt with under the appropriate legal regime. For example, in Canada, amendments were made to the Criminal Code to deal explicitly with exploitation of children through the dissemination of child pornography over the Internet. Thus new provisions created crimes for: • Internet luring, making it illegal to communicate with a child over the internet for the purpose of committing a sexual offence against that child; • Transmitting (distributing) child pornography over the Internet; • Making child pornography available by posting or offering information on where to find it on the Internet; • “Exporting” child pornography across national borders (this provision fulfils Canada’s obligations under the Optional Protocol to the United Nations Convention on the Rights of the Child, on the Sale of Children, Child Prostitution, and Child Pornography); and • Possessing child pornography for the purposes of transmitting, making available or exporting. 7.3.12 In addition, the Canadian amendments provide courts with the power to order ex parte a custodian of a computer system (e.g., an Internet Service Provider) to remove from its server any material that could reasonably be considered to be child pornography. In addition, a judge may order forfeiture of any materials or equipment used in the commission of a child pornography offence. The EU Convention on Cybercrime (which must be operationalised through national criminal law) also states that possession, copying and distribution of child pornography should be penalised. 7.3.13 The European Commission against Racism and Intolerance of the Council of Europe has also adopted a General Policy Recommendation on combating the dissemination of racist, xenophobic and anti-Semitic material on the Internet, which recommends inclusion of an additional protocol in the Convention on Cybercrime.50 7.3.14 Establishing a structure or framework to deal with inappropriate content pre-supposes that there is some acceptable definition as to what is unacceptable, at least in certain circumstances (e.g., to minors). Generally, reference is made as to what is considered acceptable or unacceptable in the physical offline world. Indeed, this applies to cybercrime generally: fraud perpetrated through the Internet via e-mail should not be treated differently as a matter of substantive criminal law and procedure than fraud perpetrated through, for example, the mail 50 http://www/ecri.coe.int/en/08/02/06/Rec%206%20en.pdf

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