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child pornography and sexual exploitation of children online

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gambling). Based on research commissioned by MySpace Fox Interactive conclude that,<br />

“MySpace does not believe that existing age verification systems are effective or reliable<br />

when used to prevent inappropriate contact, access to inappropriate content, or reduction<br />

<strong>of</strong> predators from free sites, including social networking sites. Age verification systems can<br />

in fact add significant privacy <strong>and</strong> safety complexities to the environment, <strong>and</strong> may pose<br />

new risks to teens”.<br />

The focus instead has been on educating users about safer <strong>online</strong> practices <strong>and</strong> providing<br />

tools to enhance the <strong>online</strong> safety <strong>of</strong> users. The tools listed by the document include:<br />

1. a registration page that requires prospective members to enter their exact birth<br />

date, <strong>and</strong> individuals who enter a date that does not meet the requisite age are not<br />

permitted to register;<br />

2. a session cookie on the registration page so that a prospective member cannot change<br />

his/her age if the initial age was below that specified in our terms <strong>of</strong> service.;<br />

3. to combat a situation where a teen under 14 lies about his or her age, MySpace<br />

employs a search algorithm, utilising terms commonly used by underage users, to<br />

find <strong>and</strong> delete underage pr<strong>of</strong>iles. The site is scanned for such terms <strong>and</strong> the database<br />

<strong>of</strong> search terms is updated to reflect changes in user behaviour <strong>and</strong> terminology;<br />

4. pr<strong>of</strong>iles that have been reported by MySpace members or parents as belonging<br />

to an underage user also are reviewed by MySpace. Whenever an underage user<br />

is identified, the pr<strong>of</strong>ile is deleted. MySpace similarly will remove members if it<br />

believes they are over 18 <strong>and</strong> they represent themselves as under 18.<br />

This clearly demonstrates that the IT industry has responded to many <strong>of</strong> the challenges<br />

made in relation to <strong>child</strong> safety, but again it was difficult to secure information about how<br />

many pr<strong>of</strong>iles are deleted <strong>and</strong> for what reasons, <strong>and</strong> what impact these measures are having<br />

on the actual behaviour <strong>of</strong> both young people <strong>and</strong> adults.<br />

On a cautionary note, while the IT industry has taken a responsible <strong>and</strong> increasingly<br />

proactive stance in relation to <strong>online</strong> <strong>child</strong> protection, this has largely been voluntary <strong>and</strong><br />

self-regulated. One recommendation made in the report by the ICMEC (2007) was in<br />

relation to m<strong>and</strong>atory reporting <strong>of</strong> content, whereby a ‘notice <strong>and</strong> takedown’ requirement<br />

should be enacted within national legislation. The report also suggests that consideration<br />

should be given to statutory protocols that would allow ISPs to report <strong>child</strong> <strong>pornography</strong><br />

fully <strong>and</strong> effectively (including the transmission <strong>of</strong> images) to law enforcement agencies<br />

or another designated body. This is something <strong>of</strong> a challenge. In the US, the Protection <strong>of</strong><br />

Children from Sexual Predators Act <strong>of</strong> 1998 placed new responsibilities on all US electronic<br />

services <strong>and</strong> remote computing service providers. ISPs must report to law enforcement<br />

agencies knowledge <strong>of</strong> facts or circumstances from which a violation <strong>of</strong> specified <strong>of</strong>fences<br />

Child Pornography <strong>and</strong> Sexual Exploitation <strong>of</strong> Children Online |101

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