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With the advent of the social networking websites and their prevalence, the popularity ofthese protected spaces are rapidly declining. The question that must now be answered ishow to keep children in a kind of “safe space” when the urge to communicate with otherpeers, through the multifaceted applications found in these social networking spaces areso appealing. Sites like Club Penguin, which are very popular, point to the fact that theremust be an alternative form of Facebook or MySpace for young people.5.4 Internet Service ProvidersThroughout the various meetings on the subject, it has been suggested that ISPs should beliable for the content made available through their servers. It has been argued that theseprofit making enterprises have a moral obligation and legal responsibility to prevent childpornography on the Internet. The ISPs contend that the vast amounts of material passingthrough their networks render it difficult, if not impossible, to monitor. Moreover, manycountries have minimum mens rea (i.e., legal knowledge) requirements for such liability,and as such their actions would be ineffective if not unconstitutional. Although some ISPshave taken active measures, such as filtering the content and posting online guidelines, itdoes not seem to be enough.A precedent setting case from Germany examines the potential liability of serviceproviders. A local court of Munich held the managing director of an ISP liable for failingto adequately block pedophilia newsgroups. This decision was overturned in 1999 at theappellate level, as it was held that there was no technology at the time that could have evenallowed for an effective block. A more recent Canadian case, however, held operators ofan electronic bulletin board containing child pornography to be legally responsible for thematerial. The latter case indicates that there may be new minimum obligations to at leastinquire as to the content of material. Another case from Germany makes an attempt toextend liability for Internet content beyond its own borders. The Federal Court of Justiceindicated that German law applies to material that foreigners “put on a foreign serverthat is accessible to Internet users in Germany”. This decision could have a chilling effectfor those attempting to post material considered to represent CSEC on servers outsidedomestic jurisdiction. 356 Internet Watch Foundation, based in the U.K., announced thatout of all the child pornography Websites reported to them from the U.K., one per cent ofthe websites originated within the U.K., while 55 per cent of the websites were traced backto American ISPs that sell space to other countries. Some countries have started to passmandatory reporting legislation for the industry. In Canada, the province of Manitoba iscurrently debating such a bill. 35788|Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children
Research is currently being undertaken to verify the extent to which ISPs can be expected toparticipate in the elimination of child pornography from the Internet. 358 It has been widelyacknowledged that ISPs are well positioned to assist in the fight because offenders needISPs to access the Internet, and law enforcement officials need ISPs to trace offenders. 359Some potential solutions include requiring ISPs to record and verify client data to ensurethe names provided are not false; requiring ISPs to keep records of information that havepassed through their servers for an agreed-upon minimum amount of time; requiringISPs to select which Usenet groups to mount, rejecting those who explicitly indicatethat the contents may include pornography. The Australian Internet Association recentlyestablished a code of conduct to begin laying a framework for such ethical practices.ECPAT International recently signed contracts with ten major ISPs from Taiwan toprotect children from harmful content on the Internet. The ISPs are obligated to create achild protection team, as well as include a section on the website for child safety. 360Although having the ISPs on board would be a help, it would not solve the entire problem.In North America, there have been a series of cases involving stolen wireless connections.“War driving” is a common phrase used for individuals who drive in neighbourhoodswith a laptop and try to intercept Internet connection from nearby homes. This allowsthe individual to look at illegal sites without getting caught because the only lead the ISPwould have is to the person who the Internet connection belongs to. 361Encryption software provides a further challenge to law enforcement agencies attemptingto investigate and prosecute child sex offenders. A MNC investigation concerning theworld’s largest Internet pornography ring illustrates the difficulties of such encryptionprograms. Upon the discovery and arrest of various members of the “Wonderland Club”,a ring collaborating in the fabrication and possession of nearly one million pornographicrepresentations of children, authorities were unable to crack all the encryption codes to revealevidence of the crimes. 362 The Soviet KGB allegedly developed the encryption programsthat were used by members of the Wonderland Club. In a Canadian case, the man who wascharged with child pornography had “forgotten” the password to the installed encryptionsoftware, therefore police were unable to access 41,000 files of pictures. 363 Investigatorswith the British National Crime Squad, US Customs and Interpol, working together, wereunable to decode the software used for both Internet transmission and hard drive copiesand were thus unable to secure all the evidence required to bring the case to trial. 364Virtual payment is another way for offenders to remain anonymous. Credit card companiesare being urged to stop accepting payment for child pornography websites, this includesstopping payments through ‘”e-gold”, which allows purchasers to hide credit cardinformation. Paypal, an online payment processor, announced that it would fine customersPrivate Sector Accountability in Combating the Commercial Sexual Exploitation of Children|89
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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
Page 46 and 47: 2.4.2.1.2.1 Tripartite DeclarationT
Page 48 and 49: Unlike the preceding sections, whic
Page 50 and 51: A major criticism of the Tripartite
Page 52 and 53: MNEs are asked to respect worker’
Page 54 and 55: Guidelines voluntary, but non-OECD
Page 56 and 57: An alternative to the above is to r
Page 58 and 59: freedom from state interference in
Page 60 and 61: During the Nuremburg Tribunals, Ger
Page 62 and 63: ATCA expanded liability for interna
Page 64 and 65: Pursuant to the holding in Kadic re
Page 66 and 67: The Court could establish jurisdict
Page 68 and 69: likely come across similar obstacle
Page 70 and 71: ecognised by customary internationa
Page 72 and 73: The report draws together a number
Page 74 and 75: means of fostering international pe
Page 76 and 77: a resolution, as well, in which it
Page 78 and 79: The Swedish document was originally
Page 80 and 81: services are designed to combat chi
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Page 86 and 87: advertisement. The European adverti
Page 88 and 89: high-profile case in the US where a
Page 90 and 91: child actors have gone on in adulth
Page 92 and 93: 5. New Technologies Sub-Sector5.1 C
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Page 98 and 99: up to $US 500 if they violate the c
Page 100 and 101: As the genre is so new, there have
Page 102 and 103: - children’s rights advocates, go
Page 104 and 105: law enforcement agencies, but equal
Page 106 and 107: 6. Financial Sub-SectorIt has been
Page 108 and 109: law enforcement is having trouble u
Page 110 and 111: encourage cooperation and follow-up
Page 112 and 113: emedies against all corporations op
Page 114 and 115: Another important objective of the
Page 116 and 117: Endnotes1 Mark Erik Hecht is an aca
Page 118 and 119: 35Canada. Industry Canada. Corporat
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 134 and 135: Germany and South Africa, ISPs are
Page 137: The World Congress III against Sexu
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