Submitted Proposals


Organization: SaferNet Brazil
Title :
36. Strategies to prevent and fight child pornography on Developing Countries
Provide a concise formulation for the proposed workshop theme including its importance and relevance to the IGF.

The "maturity" that the phenomenon of social-networks has gained in Brazil is unique wordwide. Some specialists believe that Brazil is three years ahead of the rest of the world on the social-networking good and bad consequences. The trends of growth of child pornography in social-networks services are a very strong concern in many developing countries, particularly in Brazil, India and Paraguay. The current instruments of international cooperation are not sufficient to face child abuse on the Internet, particularly at developing nations. In Brazil, new kinds of social and judicial measures were necessary to face child abuse and other cybercrimes against human rights and to force the industry to take action and cooperate with the law enforcements and judicial system.

The European based self-regulatory model has been a good experience of effective collaboration among government, private sector, third sector and academic community towards the development of a safer enviroment for childrens on a national and regional level. It could be implemented in other countries, with similar results. However, it is not clear that this kind of model could be applied as is at the international level, particularly in developing countries without strong ICT industry and corporate social responsibility culture.

This workshop intends to examine the growth of child pornography on the internet, to evaluate the effectiveness of various measures now available to combat it, identify and discuss public policies, judicial cooperation and procedures in a multi-stakeholder approach and to consider what further steps need to be taken, particularly at an international level, within a developin-nation perspective.

Provide the names and affiliations of the panellists you are planning to invite. Describe the main actors in the field and whether you have you approached them about their willingness to participate in proposed workshop.

Chairman: Demi Getschko (NIC.br President)

Speakers:

1) Senator Magno Malta, president of Braziian National Congress Special Comission on Child Sexual Abuse on the Internet (Parliament);

2) Senator Virginio de Carvalho, second-raporteaur of Braziian National Congress Special Comission on Child Sexual Abuse on the Internet (Parliament);

3) Mr. Anjan Bose, ECPAT International (civil society)

4) Mrs. Adriana Scordamaglia,  Federal Prosecutor in Sao Paulo, National Cybercrime Unit.

5) Mr. Carlos Eduardo Sobral, Brazilian Federal Police Cybercrime Coordinator

6) Mr.  Rish Jaitly, Google's Polcy Council in India (Industry)

7) Mr. Sergio Gardenghi Suiama, Federal Prosecutor in Sao Paulo, National Cybercrime Unit Coordinator at MPF

8) Mr. Thiago Tavares Nunes de Oliveira, cyberlaw professor and SaferNet Brazil President. (civil society)

Provide the name of the organizer(s) of the workshop and their affiliation to various stakeholder groups. Describe how you will take steps to adhere to the multi-stakeholder principle, including geographical diversity.
  • SaferNet Brazil, NGO (www.safernet.org.br) - Civil Society, Brazil.
  • Brazilian Federal Public Prosecuters Service (www.prdc.mpf.gov.br) - Governament, Brazil.
  • Google in Brazil - Private Sector.
  • Brazilian National Congress - Federal Senate - Governament, Brazil. 
  • Gender balance: 4 speakers are men and 1 woman.
Does the proposed workshop provide different perspectives on the issues under discussion?

Yes. We usually have two differents approaches regarding security on the Iternet: infrastructure threats and human rights threats.

The first one can be addressed with international technical cooperation  and technology development. The second one is a complex phenomenon, which interact various dimensions regarding economic, individual, social and cultural rights, with developments and implications in the fields of ethics, education, health, law, public safety, science and technology.

However, we must agree that human rights are universal and defined by international laws fixed by General Assembly of the United Nations and must to be respect and protected wordwide, including cyberspace.

National and regional legislation was sanctioned in order to protect human rights, which means prevent and fight their violations, such child pornography, racism and freedom of expression. It's not a matter about one right vs. another, it's a question of how to protect these rights without putting it at risk, at the same time.

Nevertheless, the growth of social-networking websites and web 2.0 services where the content is gererate by users has provided many new opportunities for communication and friendship. Unfortunately, these services have also expanded the distribution of child sexual abuse images and created new opportunities for harassment and grooming, potentially putting children at risk in all parts of the world.

The situation in Brazil is paradigmatic, because it represents the beginning of a new form of creating social control and governance balance between law enforcements users data requests, application of
national legislation and jurisdition and big international ISPs wordwide policies and strategies. Reflecting on Google's Orkut case in Brazil can help us to find the balance between preventing and reacting on human rights cybercrimes and respect users privacy and freedom of expression rights on democratic countries. 

Issues to be addressed on this regard:

How to oblige big international service providers to disclose the data needed for national law enforcement investigations without putting freedom of expression and users’ privacy rights at risk, especially in non-democratic countries?

Which criteria should be used to enable the application of domestic criminal legislation to cross-border child pornography?

What are the minimum necessary obligations for ISPs in this regard? Are they correctly defined by law?

How can we involve all stakeholders (industry, government, law enforcements agencies, NGOs, media) to work together to deal with these problems, particularly in developing countries without strong ICT industry and corporate social responsibility culture?

What kinds of social and judicial measures are necessary to face child abuse and other cybercrimes against human rights on the Internet, in a national, regional and wordwide perspective?

Please explain how the workshop will address issues relating to Internet governance and describe how the workshop conforms with the Tunis Agenda in terms of substance and the mandate of the IGF.
The Geneva Declaration of Principles and Plan of Action refer to the need for WSIS to provide for the protection of children and young people:

a) The Geneva Declaration of Principles: Our Common Vision: Section A, article 11 recognises that “young people are the future workforce and leading creators and earliest adopters of ICTs”, must be “empowered as learners, developers, contributors, entrepreneurs and decision-makers”, and states the commitment of the parties to “ensuring that the development  of ICT applications and operation of services respects the rights of children as well as their protection and wellbeing”.


b)  The Declaration of Principles Section B10, article 59 refers to the need for all actors in the Information Society to act against and to prevent “abusive uses” of ICTs including “all forms of child abuse, including paedophilia and child pornography, and trafficking in, and exploitation of, human beings”.

c) The Geneva Plan of Action, Section C10: Ethical dimensions of the Information Society, article 25 refers to the need for the Information Society to be subject to universally held  values and calls on all actors to enact the principles outlined in the above cited article 59.

The mandate of the IGF is set out in Paragraph 72 of the Tunis Agenda,  and include: 

  1. Discuss public policy issues related to key elements of Internet governance in order to foster the sustainability, robustness, security, stability and development of the Internet;

  2. Facilitate discourse between bodies dealing with different cross-cutting international public policies regarding the Internet and discuss issues that do not fall within the scope of any existing body;

  3. Interface with appropriate inter-governmental organizations and other institutions on matters under their purview;

  4. Help to find solutions to the issues arising from the use and misuse of the Internet, of particular concern to everyday users;
List similar events you and/or any other IGF workshops you have organized in the past.

SaferNet Brazil who are co-organisers of this workshop organized  a workshop on  "Measures to prevent and fight Child Pornography on the Internet: strategies for Developing Countries" in the last IGF in Rio de Janeiro.

 SaferNet Brazil also attended the open consultation meeting in Geneve, on february 2008. 

Were you part of organizing a workshop last year? Which one? Did you submit a workshop report?

SaferNet Brazil was the co-organizer of the workshop "Measures to prevent and fight Child Pornography on the Internet: strategies for Developing Countries" along with:

1 - Children's Charities' Coalition on Internet Safety - CHIS (UK) - (http://www.nhc.org.uk/chis)

2 - Citzen's Rights Federal Attorney Office - Federal Public Prosecuters Service - PFDC/MPF (Brazil) - (http://www.pgr.mpf.gov.br)

3 - Human Rights and Minorities Comission of Brazilian's Chamber of Deputies - Brazilian National Congress (Brazil) ((http://www.camara.gov.br)

4 - Human Rights Secretariat Republic Presidence's Office - Brazilian Federal Governament (Brazil) ((http://www.presidencia.gov.br/sedh)

5 - INHOPE Association - (Europe) - http://www.inhope.org

 

Brazilian Governament has submitted the report.