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Germany and South Africa, ISPs are not guilty of committing child pornography offences if they are not notifiedof the content. However, if they are notified, they must remove or at least prevent access to it immediately.See: UN Commission on Human Rights. Report on the sale of children, child prostitution and child pornography(E/2004/78). 2004. 16.359E.C. Mac Gillavry. Internet Service Providers and criminal investigation: A case study regarding the voluntary cooperationof Dutch ISPs with the investigating authorities. Paper presented to the Combating Child Pornographyon the Internet Conference. Vienna: 29 Sept. – Oct. 1, 1999.360Make-IT-Safe. What We Are Doing. Accessed on 14 Oct. 2008 from: www.make-it-safe.net361K. Bradley. Drive-by Net User Targets Kid Porn. The Toronto Sun. 22 Nov., 2003: A4.362Paedophiles jailed for porn ring. BBC News. 13 Feb., 2001. Accessed on 14 Oct. 2008 from: http://news.bbc.co.uk/1/hi/uk/1168112.stm.363D. Kuxhaus. Child-Porn Suspect’s entire cache still unseen. Free Press. 23 Nov. 2004: B2.364W. R. Graham, Jr. Uncovering and Eliminating Child Pornography Rings on the Internet: Issues Regardingand Avenues Facilitating Law Enforcement’s Access to ‘Wonderland. Law Review of Michigan State University-Detroit College of Law, 2000, 457.365G. Berardi. PayPal to Impose Fines for Breaking Bans. Yahoo News. 13 Sept., 2004.366J. Wolak, D. Finkelhor, and K. Mitchell. Internet-initiated Sex Crimes against Minors: Implications for PreventionBased on Findings from a National Study. New York: Elsevier Inc., 2004.367S. Collins. Cellphone Gifts Lure Children for Sex. New Zealand Herald. 20 Aug., 2005: B16.368J. Wolak, D. Finkelhor and K. Mitchell. Internet-initiated Sex Crimes against Minors: Implications for PreventionBased on Findings from a National Study. New York: Elsevier Inc., 2004.369Ibid.370Ibid.371MSN to close chat rooms. CNN.com, 24 Sept. 2003. Accessed on 14 Oct. 2008 from: www.cnn.com/2003/TECH/internet/09/24/microsoft.chat/index.html372United Kingdom. Home Office – Police. Good practice for the providers of social networking and other interactiveservices 2008. Accessed on 14 Oct. 2008 from: http://police.homeoffice.gov.uk/publications/operationalpolicing/social-networking-guidance.373Ibid., 12.374At the request of the RCMP, Imagis Cascade expanded into image and facial recognition to provide an easyand effective way to identify a suspect using only a photograph. Soon thereafter, Imagis initiated deployment ofa facial recognition-enabled regional arrest and booking data sharing network in Alameda County (Oakland,CA), using traditional system integration approaches. For more information on Imagis, see its homepage at:www.imagistechnologies.com375Second Life ‘child abuse’ claim. BBC. 9 May 2007. Accessed on 14 Oct. 2008 from: http://news.bbc.co.uk/2/hi/technology/6638331.stm.376ECPAT. Violence against Children in Cyberspace. ECPAT International, Sept. 2005. Available at: www.ecpat.net/EI/book.asp?id=42377UNESCO. Declaration and Action Plan. Expert Meeting on Sexual Abuse of Children, Child Pornography and on theInternet: an International Challenge: Proceedings of a Conference Held January 18-19, 1999, Paris. Accessed on 14Oct. 2008 from: www.unesco.org/webworld/child_screen/conf_index.html378Combating Child Pornography on the Internet. Conference held September 29-October 1, 1999, Vienna.379T. Palmer. Behind the Screen: Children Who Are the Subjects of Abusive Images. 2005. 7.380Virtual Global Taskforce (VGT). What we do. Accessed on 14 Oct. 2008 from: www.virtualglobaltaskforce.com381In the U.K., the prosecution rate for paedophiles using the Internet as a means to lure children or post childpornography in 2001 increased by 1,500 per cent from 1998, which directly matched the Internet growth in theU.K. In 2003, it increased further to 6,500 percent (Make-IT-Safe. Fact Sheet #1: Children, Young People and IT.Accessed: 14 Oct. 2008. Available at: www.make-it-safe.net).382E.M. Barnes, T.N. Burrows. Brief Summary of the Findings of Working Group I of the International Association ofProsecutors. Paper presented to Combating Use of the Internet to Exploit Children. Beijing, 5-10 Sept., 1999.Accessed on 14 Oct. 2008 from: www.iap.nl.com126|Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children
383D. Kerr. Internet Content Rating Association, Working Group II: Presentation of Self-Regulatory Measures.Paperpresented to Combating Child Pornography on the Internet. Vienna, 29 Sept – 1 Oct. 1999.384Conclusions and Recommendations. Vienna Conference on Combating Child Pornography on the Internet.Vienna: 29 Sept. – 1 Oct., 1999.385D.M. Nadler, V.M. Furman. Administration Relaxes Restrictions on Encryption Software. Andrews Computerand Online Industry Litigation Report, 17 (3), 1999, 3.386Microsoft Helps Law Enforcement Get Around Encryption. PC World. 29 April 2008. Accessed on 14 Oct.2008 from: www.pcworld.com/businesscenter/article/145318/microsoft_helps_law_enforcement_get_around_encryption.html387Ibid.388J. Caplan. Turning the iPhone into the xxxPhone. Time. 18 June, 2008. Accessed on14 Oct. 2008 from: www.time.com/time/business/article/0,8599,1815934,00.html389J. Horbal. No Net nanny on MTS cells. Winnipeg Sun. 30 Nov. 2007. Accessed on 14 Oct. 2008 from: www.winnipegsun.com/News/Winnipeg/2007/11/30/pf-4696730.html390The Children’s Charity (NCH), Tesco Mobile. Putting U in the picture: Mobile bullying survey 2005. Accessed on14 Oct. 2008 from: www.filemaker.co.uk/educationcentre/downloads/articles/Mobile_bullying_report.pdf391Ibid.392United States Treasury Department. 2007 National Money Laundering Strategy. Accessed on 14 Oct. 2008.from: www.treas.gov/press/releases/docs/nmls.pdf393Ibid.394Financial Action Task Force (FATF). About the FATF. Accessed on 14 Oct. 2008 from: www.fatf-gafi.org395FATF. Report on New Payment Methods. Paris: FATF/OECD, 13 Oct. 2006. Accessed on 14 Oct. 2008 from:www.fatf-gafi.org/dataoecd/30/47/37627240.pdf396The Global Expert Thematic Consultation on Corporate Social Responsibility for the Protection of Childrenwas held 24-26 Sept., 2008, in Winnipeg, Manitoba, Canada (UNICEF Canada. Sexual exploitation of childrenis a growing phenomenon – Gathered in Winnipeg, representatives of the private sector commit to curbing the sexualexploitation of children. 26 Sept. 2008. Accessed on 14 Oct. 2008 from: www.unicef.ca/portal/Applications/Core/sbNews/sbNews.aspx?NewsID=479&am=2782&rp=1266).397UN Secretary General. Report of the independent expert for the United Nations Study on Violence Against Children(A/61/299). Accessed on 14 Oct. 2008 from: www.violencestudy.org/r25398Ibid., para. 113(d). 30.399The Special Representative of the Secretary-General on the issue of human rights and transnational corporationsand other business enterprises, J. Ruggie. Protect, Respect and Remedy: a Framework for Business and HumanRights (A/HRC/8/5). 7 Apr. 2008. Accessed on 14 Oct. 2008 from: www.reports-and-materials.org/Ruggiereport-7-Apr-2008.pdf400ECPAT. ECPAT Global Monitoring Report on the Status of Action against the Commercial Sexual Exploitation ofChildren. Accessed on 14 Oct. 2008 from: www.ecpat.net/A4A_2005/index.htmlPrivate Sector Accountability in Combating the Commercial Sexual Exploitation of Children|127
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PRIVATE SECTOR ACCOUNTABILITYIN COM
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3. Travel and Tourism Sub-Sector 63
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Executive SummarySince the First an
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from the sale of child pornography
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1.1 Defining Commercial Sexual Expl
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The issue of commercial sexual expl
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1.2.1 Transnational and multination
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offer stronger protections against,
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1.3 Defining Corporate Social Respo
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Parliament passed a law requiring a
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2. International Standards and the
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In terms of international law, the
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alia: establish the grounds for cri
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The ILO Convention No. 138, Concern
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2.4 Existing Legal Mechanisms to En
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2.4.2 Existing mechanisms for regul
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Governments play an auxiliary role
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lack of ) monitoring and enforcemen
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who follow relevant international l
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the Commentary references the rule
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2.4.2.1.2.1 Tripartite DeclarationT
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Unlike the preceding sections, whic
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A major criticism of the Tripartite
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MNEs are asked to respect worker’
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Guidelines voluntary, but non-OECD
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An alternative to the above is to r
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freedom from state interference in
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During the Nuremburg Tribunals, Ger
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ATCA expanded liability for interna
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Pursuant to the holding in Kadic re
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The Court could establish jurisdict
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likely come across similar obstacle
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ecognised by customary internationa
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The report draws together a number
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means of fostering international pe
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a resolution, as well, in which it
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The Swedish document was originally
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services are designed to combat chi
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into contact with individuals who c
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Page 96 and 97: With the advent of the social netwo
Page 98 and 99: up to $US 500 if they violate the c
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Page 102 and 103: - children’s rights advocates, go
Page 104 and 105: law enforcement agencies, but equal
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Page 116 and 117: Endnotes1 Mark Erik Hecht is an aca
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Page 120 and 121: 84On 31 Jan. 1999, UN Secretary-Gen
Page 122 and 123: 110Norms, D.111Norms, point 5. (Rea
Page 124 and 125: 143Ibid., “General Policies.” P
Page 126 and 127: 179Ibid., Annex, III: Global Report
Page 128 and 129: of the Guidelines).212Ibid., Part I
Page 130 and 131: 258Ibid.259UNWTO Report to the UN G
Page 132 and 133: 310Ibid., 12.311Council of Europe,
Page 137: The World Congress III against Sexu
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