Child Pornography and IT

Author(s):  
Amin Ibrahim

The sexual exploitation of children remains a very serious problem and is rapidly increasing globally through the use of the Internet. This chapter focuses on the child pornography and IT, and the various methods to combat this problem. The ease of acquiring IT and digital equipments, the global reach of Internet and freely available peer-to-peer services have made child pornography a very complex issue to undertake. The borderless nature of the Internet and the lack of unified criminal code among nations further escalated the complexity of law enforcement against child pornography.

Esensi Hukum ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 36-47
Author(s):  
Kurniadi Prasetyo

Abstract The prostitution crime in Indonesia, especially in Surabaya, is getting higher. With the closure of Dolly's prostitution area, the providers of prostitus services use the internet to open their services. The use of the internet as a prostitution service is often called online prostitution. Problems regarding the crime of online prostitution in Surabaya are regulated in article 27 paragraph (1) of Law no. 11 of 2008 concerning Information and Electronic Transactions; Article 45 paragraph (1) of Law No. 19 of 2016 concerning Information and Electronic Transactions; Article 27 Paragraph (1) Law No. 1 of 2018 concerning Electronic Information and Transactions; Article 4 paragraph (2) of Law No. 44 of 2008 concerning Pornography; Article 4 paragraph (2) of Law No. 44 of 2008 concerning Pornography; article 296 of the Criminal Code; Article 506 of the Criminal Code; Article 37 paragraph (2) of Surabaya City Government Regulation No. 2 of 2014 concerning Implementation of Public Order and Community Peace. In law enforcement, online prostitution crime in Surabaya does not only tend to impose sanctions in accordance with article 27 paragraph (1) of the Information and Electronic Transaction Law. However, the City Government of Surbaya is trying to implement prevention of trafficking in persons suspected of having links to online prostitution. In the policy to prevent trafficking in persons, the Surabaya city government has implemented two prevention systems, namely Preemtif Prevention and Preventive Prevention. Keywords: Criminal Act, Online Prostitution, Law Enforcement Abstrak Tindak pidana prostitusi di Indonesia khususnya di Surabaya semakin tinggi. Dengan ditutupnya kawasan prostitusi Dolly membuat para penyedia jasa prostitusi menggunakan media internet untuk membuka jasanya. Penggunaan internet sebagai layanan jasa prostitusi sering kali disebut prostitusi online. Permasalahan mengenai tindak pidana prostitusi online di Surabaya diatur dalam Pasal 27 ayat (1) Undang-Undang No. 11 Tahun 2008 tentang Infomarsi dan Transaksi Elektornik; Pasal 45 ayat (1) Undang-Undang No. 19 Tahun 2016 tentang Informasi dan Transaksi Elektronik; Pasal 27 ayat (1) Undang-Undang No. 1 Tahun 2018 tentang Informasi dan Transaksi Elektronik; Pasal 4 ayat (2) Undang-Undang No. 44 Tahun 2008 Tentang Pornografi; Pasal 4 ayat (2) Undang-Undang No. 44 Tahun 2008 Tentang Pornografi; Pasal 296 KUHP; Pasal 506 KUHP; Pasal 37 ayat (2)  Peraturan Daerah Pemerintahan Kota Surabaya No. 2 Tahun 2014 tentang Penyelenggaraan Ketertiban Umum dan Ketentraman Masyarakat. Dalam penegakan hukum tindak pidana prostitusi online di Surabaya tidak hanya cenderung dengan memberikan sanksi sesuai dengan Pasal 27 ayat (1) Undang-Undang Informasi dan Transaksi Elektronik. Namun Pemerintah Kota Surabaya mencoba menerapkan pencegahan terhadap tindak pidana perdagangan orang yang dinilai mempunyai keterkaitan dengan tindak pidana prostitusi online. Dalam kebijakan pencegahan tindak pidanak perdagangan orang Pemerintah Kota Surabaya menerapkan dua sistem pencegahan yaitu pencegahan preemtif dan pencegahan preventif. Kata Kunci: Tindak Pidana, Prostitusi Online, Penegakan Hukum


Author(s):  
Stephanie Do ◽  
Dan Nathan-Roberts

Although online sex work has become more accessible to people of all socio-economic statuses, labor practices and work safety have not improved since the widespread use of the internet. One way that we can help empower sex workers is to understand their motivations and experiences when using the internet. In a survey conducted by Sanders et al. (2017), the highest crime that 56.2% sex workers experienced was being threatened or harassed through texts, calls, and emails. Because there is no theory application to date on this marginalized group, three theories were proposed. This literature review highlights the need to explore why sex workers, as end-users, should be included in the user cybersecurity defense conversation, such as the cybercrimes that they face, their relationship with law enforcement, and what other factors affect their safety.


2019 ◽  
pp. 590-613
Author(s):  
David Omand

This chapter examines digital intelligence and international views on its future regulation and reform. The chapter summarizes the lead up to the Snowden revelations in terms of how digital intelligence grew in response to changing demands and was enabled by private sector innovation and mediated through legal, Parliamentary and executive regulation. A common set of ethical principles based on human rights considerations to govern modern intelligence activity (both domestic and external) is proposed in the chapter. A three-layer model of security activity on the Internet is used: securing the use of the Internet for everyday economic and social life and for political and military affairs; the activity of law enforcement attempting to manage criminal threats on the Internet; and the work of secret intelligence and security agencies exploiting the Internet to gain information on their targets, including in support of law enforcement.


Author(s):  
Tejaswini Herath ◽  
S. Bagchi-Sen ◽  
H. R. Rao

A tremendous growth in the use of the Internet has been observed in the past two decades. More than 75% of Americans participate in online activities (University of Southern California Annenberg School Center for the Digital Future, 2004) such as e-mail, Web browsing, working from home, accessing news stories, seeking information, instant messaging, using the Internet in lieu of the library for school work, playing games, and managing personal finance. For professionals, the Internet is an important medium for networking and building social capital. However, along with all positive impacts, there are also negative outcomes. One such negative outcome includes Internet crimes. Dowland, Furnell, Illingworth, and Reynolds (1999) state that “with society’s widespread use of and, in some cases, reliance upon technology, significant opportunities now exist for both mischievous and malicious abuse via IT systems” (p. 715). Internet crimes (cyber crimes) consist of specific crimes dealing with computers and networks (such as hacking, spreading of viruses, and worms) and the facilitation of traditional crime through the use of computers on the Internet (such as child pornography, hate crimes, telemarketing/Internet fraud). This article focuses on Internet crimes, especially those affecting individual users, and offers a discussion of issues regarding Internet crimes and gender.


Phonology ◽  
2001 ◽  
Vol 18 (1) ◽  
pp. 1-6 ◽  
Author(s):  
Carlos Gussenhoven ◽  
René Kager

If there is such a person as the average phonologist, he might have a conception of the relation between phonetics and phonology that comes close to the relation between social perceptions of crimes and a Code of Criminal Law. The Code's definition of various types of crimes and the penalty each type carries ultimately reflect, to put it crudely, the feelings of the people. Also, the Code's development will reflect social change. Criminal codes will typically incorporate the changing perceptions of the general public, and will now begin to include articles devoted to the use of the Internet, for instance. But at the end of the day, what counts in a law suit is what is in the Criminal Code, not the feelings of the people. So it is with phonology. It is easy to show that lexical forms are frequently related to functional (ergonomic) considerations, and that the way the grammar processes them into surface representations will amount to a reasonable articulatory task for the speaker, while equally the acoustic result will enable the listener to recognise these forms with reasonable ease. However, ultimately we say things the way we do because our lexical representations are the way they are, and our phonological grammar is the way it is.


2019 ◽  
Vol 17 (1) ◽  
pp. 43-53
Author(s):  
HANURING AYU ARDHANI ◽  
Suparwi Suparwi

The purpose of this study is to find out about the legal basis for prostitution service providers and for perpetrators of prostitution. In this study included in normative law. In this study the authors used the method of regulation approach.  Provisions in the Criminal Code can only be used to ensnare service providers / pimps / pimps based on the provisions of Article 296, Article 297, jo. Article 506 of the Criminal Code: People who provide pornographic services as referred to in Article 4 paragraph (2) of the Pornography Law No. 44 of 2008. If words or writings and images broadcast by prostitutes (prostitute) through social media contain obscenity or sexual exploitation in violation moral norms in society, the prostitute can be charged with Article 27 paragraph (1) of Law Number 11 Year 2008 concerning ITE jo. Article 45 of Law Number 19 Year 2016 Regarding Amendment to Law No. 11 of 2008. If the advertisement carried out by prostitutes is accompanied by photographs containing pornographic content, then he may also be subject to criminal sanctions under Article 8 jo. Article 34 of the Pornography Law No. 44/2008. Law enforcement on cyber prostitution is increasingly difficult because there are some people who actually support cyber prostitution by considering it as a business commodity. There is even a paradigm of thought that regards cyber prostitution as natural and expected to be legalized immediately.


2020 ◽  
Vol 2 (2) ◽  
pp. 1-8
Author(s):  
Karen Paullet ◽  
Adnan Chawdhry

The internet has become a medium for people to communicate locally or globally in business, education, and their social lives. The increased use of the internet has created an impact on the number of online harassing/cyberstalking cases. This exploratory study of 121 undergraduate students seeks to examine the extent to which cyberstalking is prevalent. This study argues that cyberstalking and harassment will only decrease when the extent of the problem is fully understood and potential victims and law enforcement understand the protections necessary under the law.


Author(s):  
Kareena McAloney ◽  
Joanne E. Wilson

Young people can potentially be exposed to sexual material from a variety of sources, both accidentally and purposefully. One such source, the internet, plays host to a vast array of information and imagery, among which sexually explicit material and pornography are in high concentration. Indeed within this virtual catalogue of material it is possible to find both adult and child pornography, particularly if one is aware of the correct methods of accessing such content. This chapter provides an in-depth overview of current knowledge regarding young people’s exposure to and experiences of sexual material and sexual predators online, including those particular aspects of young people’s online interactions that make them vulnerable to receive unwanted sexual material and solicitation. The authors then discuss the use of the Internet for the sexual exploitation of children and young people both in the nature of sexual material to which they are exposed to online including the transmission of images of child pornography and molestation, the processes by which young people access sexual material online, the solicitation of children by sexual predators in targeting young people and how young people in turn come to interact with sexual predators online. Finally they address current mechanisms designed to protect children and young people as they engage in online activities.


Author(s):  
Julia Hörnle

Chapter 3 examines the consequences of the Jurisdictional Challenge of the internet for the enforcement of public law, such as content regulation and criminal law relating to illegal content. Internet applications such as websites, mobile apps, peer-to-peer file sharing, cyberlockers, and social media have enabled the remote sharing of illegal content and criminal interaction between people globally and across national borders. This global spread of illegal activities creates challenges for the application and enforcement of national law, as perpetrators may be remote from enforcement authorities, and content is shared instantly. The imposition of liability on intermediaries such as social media platforms as gatekeepers for law enforcement as a way of overcoming the Jurisdictional Challenge is critically discussed. Enforcement takes place against entities facilitating or enabling dissemination of illegal content or the illegal activities instead of the primary perpetrators. This strategy is used to overcome the “out of reach” problem caused by decentralization and remote targeting. This chapter critically analyses in detail the provisions on intermediary liability/immunity and recent proposals to impose a duty of care, particularly in respect of child sexual exploitation and abuse, and terrorism-related materials. It examines the German Network Law Enforcement Act and other countries’ similar initiatives (including the UK White Paper “Online Harms”) and the provisions in the revised EU AVMS Directive. It critically examines regulation by platforms themselves and the human rights implications of coregulation. Both notice and take-down regimes and blocking of internet access to material are covered, and different initiatives evaluated and compared.


Author(s):  
Julia Hörnle

Chapter 1 introduces the Jurisdictional Challenge, that is, the situation where multiple courts may be competent or no court may be competent, and briefly explains the key features of internet technologies such as remoteness, decentralization, and ubiquity, which have given rise to the Jurisdictional Challenge. It briefly explains how internet technologies such as wireless networking, ubiquitous broadband, peer-to-peer file sharing, cloud computing, and blockchain are all increasing this trend. This chapter analyses why law enforcement on the internet is difficult and provides an overview of the book chapters.


Sign in / Sign up

Export Citation Format

Share Document