Transcript 41st World Telecommunication and Information Society Day

41st World Telecommunication and Information Society Day
IETE,17 May 2009, New Delhi
Protecting Children
in cyberspace
Karnika Seth
Cyberlaw Expert & Partner,
Seth Associates
© Seth Associates, 2008 All Rights Reserved
Children using Internet-then and now
2000
2008
73% of teens use
internet
94% of teens use
internet
~8% with broadband at
home
73% with broadband at
home
<30% own a cell phone
71% own a cell phone
?? connect to internet
wirelessly
~70% connect to
internet wirelessly
= slow and stationary
connections
= fast and mobile
connections
Teen use of the internet intensifies
Teen internet users - go online daily
70
62
% of internet users
60
51
50
42
40
30
20
10
0
Dec-00
Nov-04
Feb-08
Internet & Child Exploitation
 Cultural & historical differences in definition of childhood and
attitudes towards children
 Work, slavery, marriage, prostitution
 Sexual contact with children defined as pedophilia
 Viewing children in sexual poses or sexual contact is child
pornography
 Internet has facilitated distribution
 Digital techniques of photographic modification and image
creation playing increasing role in generating child porn
Children on Internet could be victimized
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Cyber bullying
Child pornography
Child abuse
Cognitive distortions
Identity theft cases
Cheating & fraud
Lured into criminal activities
Theft of personal information
General concerns for children online
 May inadvertently or intentionally access adult
pornographic or violent material
 Links or emails with innocent subjects that actually
contain pornography
 Children being approached or observed in chat
rooms
 Children’s identities, location or vulnerability being
sourced from material available online
 Social networking sites may introduce child
pornography
Child pornography on Internet
 Since 1999, the Interpol Standing Working
Group on Offenses Against Minors has used
the following definition:
 Child pornography is the consequence of the
exploitation or sexual abuse perpetrated
against a child. It can be defined as any means
of depicting or promoting sexual abuse of a
child, including print and/or audio, centered on
sex acts or the genital organs of children.
Unique problems arising from child
pornography on the internet
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Lack of borders/mobility
Differences in international law
Anonymity
Accessibility
Quantity
Satiation and subsequent increasing thresholds for
content
Normalise deviant sexual interest
Desire to replicate scenarios viewed on the internet
Commercial trading
Peer-to-peer networks
– Huge digital collections
– Encrypted files
Test of obscenity
 Obscenity is difficult to define- Miller Test in U.S
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Average person
Contemporary community standards
Prurient interest
Patently offensive depiction of sex acts
Lacking in serious value
 All of these elements are subjective and debatable
 Position in India Ajay Goswami v UOI[1] , the Supreme court considered the
issue of obscenity on internet and held that restriction on
freedom of speech on ground of curtailing obscenity amounts
to reasonable restriction under Article 19(2) of the Constitution.
The court observed that the test of community mores and
standards has become obsolete in the internet age .
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[1] 2007(1) SCC 143 see also Maqbool Fida Hussain v Raj
Kumar Pandey 2008(6) ( Delhi) 533-publishing obscene
information on internet amounts to an offence
Types of child pornography offences
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View
View + collect child pornography
View, collect + distribute child pornography
View, collect and distribute child pornography + commit
contact offences
 View, collect and distribute child pornography, commit
contact offences + produce child pornography
Cyber Predators Statistics
 “…A child goes missing every 40 seconds in the
U.S, over 2,100 per day” (OJJDP)
 In 2005, 662,196 children were reported lost,
runaway, or kidnapped (ncmec)
 2/3 of all missing children reports were for
youths aged 15-17 (ncmec)
 2/5 missing children ages 15-17 are abducted
due to Internet activity (ICAC)
Cyber porn convictions
In a California case, police posed as a thirteen-year-old girl and apprehended
thirty-four-year-old Patrick Naughton, an executive vice-president of Infoseek
Corporation, for attempting to have sex with a "child.“
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On September 24, 1999, Michael David Rostoker was arrested in San Jose,
California for "traveling to engage in sex with a minor and enticing someone under
18 into sexual activity.“
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Air force Bal Bharati School case , Delhi; class(XII) student created pornographic
site as revenge against his classmates (girls) and posted pornographic images of
his classmates and lady teachers in internet. He was then suspended by school
and arrested by Police under IPC and IT Act; though Juvenile Court allowed his
bail thereafter.
Online victimization graph
Role of Law enforcement-India
 Cybercrime cells established to deal with cyber offences in
India
 IT Act, 2000 amended to include special provisions on child
pornography.
The newly passed Information Technology Bill is set to make it
illegal to not only create and transmit child pornography in any
electronic form, but even to browse it. The punishment for a
first offence of publishing creating, exchanging, downloading
or browsing any electronic depiction of children in "obscene or
indecent or sexually explicit manner" can attract five years in
jail and a fine of Rs 10 lakh.
Position in India
 Section 67 of the existing IT Act deals with
"publishing obscene information in electronic form".
It is a generally worded section that does not
specifically define "pornography" or make it an
offence, and does not mention "child pornography"
at all
 Section 293 IPC - distribution of obscene books to
young persons below 20 yrs-punishable with two
years of imprisonment-It also states that it is a
cognizable offence and the Magistrate is
empowered to try any such offence
Position in USA
 After the U.S. Supreme Court struck down the
CDA’s provisions governing obscene materials,
Congress passed the Children’s Online Protection
Act (COPA), codified at 47 U.S.C. §
231 (http://www.law.cornell.edu/uscode/47/231.h
tml), in an effort to satisfy the First Amendment
requirements affirmed in Reno v. ACLU.
Position in USA
 Unlike pornographic images of adults,
the First Amendment does not protect
the possession or distribution of child
pornography. Content that depicts
children engaged in sexual conduct is "a
category of material outside the
protection of the First Amendment." New
York v. Ferber, 458 U.S. 747 1982
NetAlert in Australia
 Australia’s internet safety advisory body
 Established in 1999 to provide independent
advice and education on internet safety and
managing access to online content
 For tips and advice on internet safety for
parents, teachers, children and others visit the
website
 www.netalert.net.au
 1800 880 176
 Australian Communications and Media
Authority (ACMA, formerly ABA)
 Australian Federal Police Online Child Sex
Exploitation Team
Germany –new law against child porn
Online safety of children
 Vigilance groups reporting child pornographers
 Technical softwares to protect children on
internet
 Place computer in activity centre of house
 Block children’s access to specific sites - only
partly effective
 Set time limits and suitable sites
 Closely supervise internet use
 Educate yourself of latest sites that children
visit
High risk indicators
 More technical knowledge than parents
 Teens who feel they are not listened to
 Do not feel like they are getting enough
attention
 Do not communicate about who or what they
are doing online
 Deleting computer’s Internet history
 Minimize screen or switch to another screen
quickly when someone comes in the room
 Unexplained phone calls
 Unexplained absences
 Unexpected gifts
The ten commandments of child protection
in cyberspace1.
Rules from “real” life apply: courtesy,
kindness, modesty, dignity, respect for the
law and for others, etc.
2.
Don’t talk to strangers
3.
Keep your private information private
4.
Never agree to meet an online friend without
your parents
5.
There are no guarantees that what you say or
post on the Internet is private
The ten commandments of child protection
in cyberspace6.
Information (including photos, videos, etc.)
posted on the Internet can last forever
7.
Tell your parents if you encounter something
uncomfortable
8.
Don’t reply to unknown screen names on IM
9.
Never open e-mail from strangers or click on
any attachments
10. Find the “good” online – good friends, good
Web sites, good games – and enjoy
Precautions are better than cure..
 Discuss and agree upon precautions
– People may not be who they say they are online
– Encourage the use of pen names
– Remove address and contact details from
emails
– Never respond to obscene or suggestive
messages
– Don’t send personal photos over the internet
Secure online connections
 Install and keep up-to-date anti-virus, antispyware, and firewall
– Microsoft Malicious Software Removal Tool
http://www.microsoft.com/downloads/details.aspx?FamilyId=AD724AE0-E72D-4F54-9AB375B8EB148356&displaylang=en
– CCleaner (Free) http://www.ccleaner.com/download/
– Anti-Spyware – A-Squared (free)
http://download5.emsisoft.com/a2FreeSetup.exe
– AVG Free
http://free.grisoft.com/
 Use Commercial Web Filtering Software
– Free - http://www.k9webprotection.com/
– Net Nanny (2007 best) http://www.netnanny.com/
 Check internet cache
– @winspy (free)
http://www.acesoft.net/winspy
 Spector Pro to track everything done on a PC
http://www.spectorsoft.com/products/SpectorPro_Windows
Useful softwares
 Monitoring Software
 Spectorsoft.com or 1-888-598-2788
 Safety-net.info or 1-800-513-1916
 Software4Parents.com or 1-866-345-8371
 PCmagazine.com (search “parental
monitoring”)
Vigilance can help !
 Look at the online handout on how to check
computer history files to find what has been
surfed. Also check the settings and documents
in My documents to see what is on their
account.
 Undelete files with Restoration or PC Inspector
File recovery to find out what your child has
deleted. Look for files in the recycle bin and
ones that have been deleted.
Enabling protection through filtersIE browser protection
Enabling protection through filtersIE browser protection
4.
5.
Select filter settings for the categoriSelect
filter settings for the categories shown:
Language, Nudity, Sex, Violence. The further
right you push the slider, the more content is
allowed.
Click on the Approved Sites tab. Here you
can type in any specific websites that you
might want to be treated specially. You can
come back and change this list later, perhaps
after feedback from your family.
'Approved Sites' list
6.
Navigate to the General tab, and click on
Create Password. This will set you up as
Administrator, and prevent other users from
altering the Content Advisor settings.
Change the Rating Settings to block types of
content
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es shown: Language, Nudity, Sex, Violence.
The further right you push the slider, the
more content is allowed.
Change the Rating Settings to block types of
content
Enabling protection through filtersIE browser protection
Thank You!
SETH ASSOCIATES
ADVOCATES AND LEGAL CONSULTANTS
New Delhi Law Office:
C-1/16, Daryaganj, New Delhi-110002, India
Tel:+91 (11) 65352272, +91 9868119137
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B-10, Sector 40, NOIDA-201301, N.C.R ,India
Tel: +91 (120) 4352846, +91 9810155766
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E-mail: [email protected]
© Seth Associates, 2009 All Rights Reserved