Legislature Flashcards
The International Centre for missing and exploitation children publishes the Child Pornography: Model Legislation & Global Review.
List 5 of the criteria that they use to measure whether National Legislation is sufficient.
1. Criminalization: Legislation should clearly define child pornography as a criminal offense and specify penalties for its production, distribution, possession, and accessing.
2. Extraterritoriality: Laws should have extraterritorial jurisdiction to prosecute offenders who commit child pornography crimes abroad.
3. Definition of Child: There should be a clear definition of a child in the legislation, typically anyone under 18 years old.
4. Prohibition of Child Exploitation Materials: Legislation should prohibit the production, distribution, and possession of materials that depict children engaged in sexual acts or sexually suggestive poses.
5. Mandatory Reporting: Laws should mandate reporting mechanisms for suspected cases of child pornography and exploitation, ensuring timely intervention and protection of victims.
Section 1 of Article 5 of the Directive of the European parliament and of the council on combating the sexual abuse and sexual exploitation of 2011 which deals with offenses concerning child pornography states: Member states shall take the necessary measures to ensure that the intentional conduct, when committed without right, referred to in paragraphs 2 to 6 is punishable.
List and explain each of the offenses described in Article 5 paragraphs 2 to 6.
Paragraph 2: It refers to the production, distribution, dissemination, importing, exporting, offering, or possession of child pornography for distribution or dissemination purposes.
Paragraph 3: It pertains to the procuring of child pornography.
Paragraph 4:It involves the offering or making available of child pornography, using a computer system or a computer network, or any information technology.
Paragraph 5: It relates to the child pornography offenses committed through communication services or a telecommunications network.
Paragraph 6:It concerns the solicitation of a child for child pornography purposes.
Article 15 paragraph 4 of the Directive of the European parliament and of the council on combatting the sexual abuse and sexual exploitation of children 2011 sets out direction that member countries should enable victim identification.
What do you understand by the expression “victim identification” and what measures are in place internationally to facilitate it.
1. Forensic Examination:Law enforcement agencies and forensic experts conduct thorough examinations of digital evidence, such as images and videos, to identify victims through various means, including facial recognition, background analysis, and comparison with known victims.
2. International Collaboration: International organizations, law enforcement agencies, and non-governmental organizations (NGOs) collaborate to share information, databases, and expertise to aid in victim identification across borders.
3. Training and Capacity Building: Training programs and capacity-building initiatives are conducted for law enforcement officers, forensic specialists, and other relevant personnel to enhance their skills in victim identification techniques and procedures.
4. Interagency Cooperation: Coordination and cooperation among different agencies, such as law enforcement, social services, healthcare, and child protection agencies, are essential to ensure a comprehensive approach to victim identification and support.
5. Victim-Centered Approaches: Policies and procedures prioritize the rights, safety, and well-being of victims, ensuring that identification processes are conducted in a sensitive, trauma-informed, and victim-centered manner.
The EU directive on combating the sexual abuse and sexual exploitation of children and child pornography and replacing Council Framework Decision 2004/68/JHA can be split into three main areas.
These definitions of offenses and sanctions, victim, and witness care during the criminal justice process and investigative practices.
Outline 3 investigative practices covered in the directive and fully describe two of them and how they relate to online child exploitation investigation.
- Data Retention and Preservation: Law enforcement agencies are required to implement measures to retain and preserve electronic data relevant to child sexual abuse and exploitation investigations. This includes data related to online communications, transactions, and activities that may indicate the commission of offenses.
- Cross-Border Cooperation: The directive emphasizes the importance of cross-border cooperation among member states to facilitate joint investigations, information sharing, and evidence gathering in cases of online child exploitation. This cooperation helps overcome jurisdictional barriers and enhances the effectiveness of law enforcement efforts.
- Undercover Operations: Law enforcement agencies may conduct undercover operations to infiltrate online networks involved in child exploitation, gather intelligence, and gather evidence against perpetrators. These operations may involve the use of undercover agents or online personas to engage with offenders and identify criminal activities.
Description of Two Investigative Practices:
Data Analysis and Digital Forensics: Law enforcement agencies utilize advanced data analysis techniques and digital forensics tools to examine electronic devices, storage media, and online communications for evidence of child exploitation. This may involve extracting and analyzing metadata, internet browsing history, file transfers, and communication logs to identify offenders and victims.
Cyber Intelligence Gathering: Law enforcement agencies gather cyber intelligence from various sources, including online forums, social media platforms, and dark web marketplaces, to identify emerging trends, networks, and tactics used by offenders. This intelligence helps prioritize investigations, target high-risk offenders, and disrupt criminal activities.
List the definition of child pornography as set out in Article 2(c) of the EU Directive combating the sexual abuse and sexual exploitation of children and child pornography.
Any material that visually depicts a minor engaged in sexually explicit conduct or any representation of the sexual parts of a minor for primarily sexual purposes.
Compare and contrast the sections dealing with Child Abuse Material in the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse 2007 and the Directive of the European parliament and of the council on combatting the sexual abuse and sexual exploitation of children 2011.
Comparison of Child Abuse Material in Council of Europe Convention and EU Directive
1. Scope and Definitions:
The Council of Europe Convention provides a broader framework for the protection of children against sexual exploitation and abuse, including provisions on prevention, protection, and prosecution.
The EU Directive specifically focuses on combating sexual abuse, exploitation, and child pornography, providing detailed definitions and provisions related to these offenses.
2. Legislative Measures:
Both instruments emphasize the need for legislative measures to criminalize and prosecute offenses related to CAM. They may differ in the specifics of the offenses covered and the penalties imposed.
The EU Directive may incorporate more detailed provisions on law enforcement measures, victim support, and international cooperation compared to the Council of Europe Convention.
3. International Cooperation:
Both instruments stress the importance of international cooperation in combating CAM, including information sharing, joint investigations, and mutual legal assistance.
The EU Directive may provide more specific mechanisms for cross-border cooperation among EU member states, given its regional focus, while the Council of Europe Convention encourages cooperation among all signatory states.
4. Victim Protection:
Both instruments emphasize the importance of protecting and supporting victims of CAM, ensuring their rights, well-being, and access to justice.
The EU Directive may include more detailed provisions on victim identification, assistance, and recovery, reflecting the EU’s commitment to promoting child welfare and rights.
5. Implementation and Monitoring:
Both instruments may establish mechanisms for monitoring implementation and compliance, as well as for assessing progress in addressing CAM.
The EU Directive may have specific monitoring and reporting requirements for EU member states, while the Council of Europe Convention may rely on the Council of Europe’s monitoring mechanisms.
Offense of Grooming in Local Law
1. Online Communication: Initiating contact with a child through online platforms, social media, chat rooms, or messaging apps, often under a false identity or using deceptive tactics to gain the child’s trust.
2. Building Trust: Developing a relationship with the child by engaging in conversations, providing attention, compliments, and emotional support, and gradually manipulating them into believing they are in a romantic or caring relationship.
3. Manipulation and Isolation: Using persuasion, coercion, or manipulation techniques to gradually desensitize the child to sexual topics, requests, or behaviors, while isolating them from family or friends who may intervene or report the grooming.
4. Sexualization: Introducing sexual content, images, or conversations into the relationship, gradually escalating the level of explicitness and normalizing inappropriate behavior, with the ultimate goal of engaging in sexual activity with the child.
5. Exploitation: Eventually, the groomer may attempt to arrange physical meetings with the child for the purpose of sexual abuse or exploitation, using threats, bribes, or emotional manipulation to maintain control over the victim.
Comparison of EU Directive Recommendations with Dutch Law
Similarities:
1. Criminalization of Child Pornography: Both the EU Directive and Dutch law criminalize the production, distribution, possession, and accessing of child pornography.
2. Extraterritorial Jurisdiction: Both legal frameworks may have provisions for extraterritorial jurisdiction, allowing prosecution of offenders who commit child pornography offenses abroad but have ties to the Netherlands.
3. Victim Protection and Support: Both the EU Directive and Dutch law emphasize the importance of victim protection and support, ensuring that victims receive appropriate assistance, counseling, and legal representation.
4. International Cooperation: Both legal frameworks stress the need for international cooperation and mutual legal assistance in combating child pornography, including information sharing, joint investigations, and extradition of offenders.
Differences:
1. Specific Legal Provisions: Dutch law may have specific legal provisions tailored to the national context, including definitions of offenses, penalties, and procedural requirements, which may differ from those outlined in the EU Directive.
2. Implementation Mechanisms: The EU Directive may provide general recommendations and guidelines for member states, while Dutch law may establish specific implementation mechanisms, enforcement agencies, and procedural protocols to address child pornography offenses within the country.
3. Jurisdictional Authority: While the EU Directive aims to harmonize legal standards and procedures across member states, Dutch law operates within the national legal framework and may prioritize domestic jurisdiction and enforcement measures.
4. Victim Rights and Compensation: Dutch law may provide additional rights and compensation mechanisms for victims of child pornography offenses, including access to victim compensation funds, restitution from offenders, and specialized support services.
5. Penalties and Sentencing: Dutch law may have its own sentencing guidelines and penalty structures for child pornography offenses, which may vary depending on the severity of the offense, the age of the victim, and the criminal history of the offender.
Main Legislative Elements Recommended in the ICMEC Model Legislation
1. Criminalization of Child Sexual Abuse and Exploitation: The model legislation includes provisions to criminalize various forms of child sexual abuse and exploitation, including child pornography, sexual grooming, online enticement, and trafficking of children for sexual purposes.
2. Definition of Offenses: Clear definitions of offenses related to child sexual abuse and exploitation are provided, ensuring that the law covers a broad range of conduct aimed at protecting children from harm.
3. Penalties and Sentencing: The model legislation outlines appropriate penalties and sentencing guidelines for offenders convicted of child sexual abuse and exploitation offenses. Penalties may include imprisonment, fines, probation, and registration as a sex offender.
4. Extraterritorial Jurisdiction: Provisions for extraterritorial jurisdiction enable countries to prosecute offenders who commit child sexual abuse and exploitation offenses abroad but have ties to their jurisdiction.
5. Victim Protection and Support: The model legislation prioritizes the rights, safety, and well-being of child victims, ensuring access to specialized support services, counseling, and legal representation.
6. Prevention and Education: The legislation may include provisions for prevention programs, public awareness campaigns, and educational initiatives aimed at raising awareness about child sexual abuse and exploitation and promoting proactive measures to safeguard children.
7. International Cooperation: Mechanisms for international cooperation and mutual legal assistance are established to facilitate information sharing, joint investigations, and extradition of offenders across borders.
8. Law Enforcement Powers: The legislation may grant law enforcement agencies appropriate powers and resources to investigate child sexual abuse and exploitation offenses effectively, including digital forensics capabilities and specialized task forces.
9. Data Protection and Privacy: Provisions for data protection and privacy safeguards are included to ensure that sensitive information related to child victims and investigations is handled securely and in accordance with relevant legal and ethical standards.
Police Model of Blocking Child Abuse Material (CAM) on the Web by CIRCAMP
1. International Collaboration: CIRCAMP involves collaboration between law enforcement agencies, internet service providers (ISPs), and other stakeholders at the international level. This collaboration is crucial for sharing intelligence, coordinating efforts, and implementing effective measures to block CAM websites.
2. Identification and Monitoring: Law enforcement agencies work to identify websites and online platforms that host or distribute CAM. Advanced monitoring techniques, including data analysis and digital forensics, are employed to track the spread of CAM and identify key actors involved in its production and distribution.
3. Legislative Framework: CIRCAMP operates within the legal framework of participating countries, ensuring that measures taken to block CAM are compliant with national and international laws governing internet censorship, privacy, and freedom of expression.
4. Blocking Mechanisms: Once CAM websites are identified, law enforcement agencies collaborate with ISPs and internet regulatory authorities to implement blocking mechanisms. These mechanisms may involve blocking access to specific URLs or IP addresses associated with CAM websites, either at the network level or through DNS filtering.
5. Dynamic Approach: The police model of blocking CAM on the web is dynamic and adaptable, responding to emerging threats and changes in the online landscape. Law enforcement agencies continuously monitor new websites and online platforms used to distribute CAM and update blocking measures accordingly.
6. Public Awareness and Education: CIRCAMP also emphasizes the importance of public awareness and education campaigns to inform internet users about the risks associated with CAM and how they can contribute to efforts to combat its spread. These campaigns aim to empower individuals to report suspicious online activity and protect children from online exploitation.
7. Evaluation and Improvement: Law enforcement agencies involved in CIRCAMP regularly evaluate the effectiveness of blocking measures and identify areas for improvement. This may involve analyzing data on blocked websites, assessing the impact on CAM distribution networks, and refining strategies to enhance effectiveness.
