UK Government and the control of Internet content

Computer Law and Security Report

Volumn 17, Issue 5, 2001, Pages 303-317

  Akdeniz, Yaman ^a  

^a NONE

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EID: 84979831149     PISSN: 02673649     EISSN: None     Source Type: Journal    
DOI: 10.1016/S0267-3649(01)00505-2     Document Type: Note

References (221)

1. By various bodies such as the Internet Watch Foundation within the UK (http://www.iwf.org.uk); Internet Content Rating for Europe (http://www.incore.org), and the Internet Content Rating Association (see: http://www.icra.org).
2. By various bodies such as the Internet Watch Foundation within the UK (http://www.iwf.org.uk); Internet Content Rating for Europe (http://www.incore.org), and the Internet Content Rating Association (see: http://www.icra.org).
3. By various bodies such as the Internet Watch Foundation within the UK (http://www.iwf.org.uk); Internet Content Rating for Europe (http://www.incore.org), and the Internet Content Rating Association (see: http://www.icra.org).
4. Decision No /98/EC of the European Parliament and of the Council of adopting a Multiannual Community Action Plan on promoting safer use of the Internet by combatting illegal and harmful content on global networks, December 1998, at. For a critique of the EU proposals see Walker, C. and Akdeniz, Y., "The governance of the Internet in Europe with special reference to illegal and harmful content," [1998] Criminal Law Review, December Special Edition: Crime, Criminal Justice and the Internet, pp. 5-19.
5. Decision No /98/EC of the European Parliament and of the Council of adopting a Multiannual Community Action Plan on promoting safer use of the Internet by combatting illegal and harmful content on global networks, December 1998, at. For a critique of the EU proposals see Walker, C. and Akdeniz, Y., "The governance of the Internet in Europe with special reference to illegal and harmful content," [1998] Criminal Law Review, December Special Edition: Crime, Criminal Justice and the Internet, pp. 5-19.
6. See Department of Trade and Industry, Net Benefit: The Electronic Commerce Agenda for the UK, DTI/Pub 3619, October 1998, at and the Cabinet Office Performance and Innovation Unit Report, e-commerce@its.best.uk: The Government's Strategy, September 1999, at .
7. See Department of Trade and Industry, Net Benefit: The Electronic Commerce Agenda for the UK, DTI/Pub 3619, October 1998, at and the Cabinet Office Performance and Innovation Unit Report, e-commerce@its.best.uk: The Government's Strategy, September 1999, at .
8. For the formation of the IWF see Safety-Net proposal, "Rating, Reporting, Responsibility, For Child Pornography & Illegal Material on the Internet" adopted and recommended by the Executive Committee of ISPA - Internet Services Providers Association, LINX - London Internet Exchange and the Internet Watch Foundation at . See further the Review of the Internet Watch Foundation: A report for the DTI and Home Office by KPMG and Denton Hall, February 1999, at http://www.dti.gov.uk/public/frame2.html. For a critique of the IWF and its activities, see Cyber-Rights & Cyber-Liberties (UK) Report: "Who Watches the Watchmen: Part II - Accountability & Effective Self-Regulation in the Information Age," September 1998 at . See European Commission Communication, Illegal and Harmful Content on the Internet, Com (96) 487, Brussels, 16 October 1996; and European Commission Green Paper on the Protection of Minors and Human Dignity in Audovisual and Information Services, Brussels, 16 October 1996.
9. For the formation of the IWF see Safety-Net proposal, "Rating, Reporting, Responsibility, For Child Pornography & Illegal Material on the Internet" adopted and recommended by the Executive Committee of ISPA - Internet Services Providers Association, LINX - London Internet Exchange and the Internet Watch Foundation at . See further the Review of the Internet Watch Foundation: A report for the DTI and Home Office by KPMG and Denton Hall, February 1999, at http://www.dti.gov.uk/public/frame2.html. For a critique of the IWF and its activities, see Cyber-Rights & Cyber-Liberties (UK) Report: "Who Watches the Watchmen: Part II - Accountability & Effective Self-Regulation in the Information Age," September 1998 at . See European Commission Communication, Illegal and Harmful Content on the Internet, Com (96) 487, Brussels, 16 October 1996; and European Commission Green Paper on the Protection of Minors and Human Dignity in Audovisual and Information Services, Brussels, 16 October 1996.
10. For the formation of the IWF see Safety-Net proposal, "Rating, Reporting, Responsibility, For Child Pornography & Illegal Material on the Internet" adopted and recommended by the Executive Committee of ISPA - Internet Services Providers Association, LINX - London Internet Exchange and the Internet Watch Foundation at . See further the Review of the Internet Watch Foundation: A report for the DTI and Home Office by KPMG and Denton Hall, February 1999, at http://www.dti.gov.uk/public/frame2.html. For a critique of the IWF and its activities, see Cyber-Rights & Cyber-Liberties (UK) Report: "Who Watches the Watchmen: Part II - Accountability & Effective Self-Regulation in the Information Age," September 1998 at . See European Commission Communication, Illegal and Harmful Content on the Internet, Com (96) 487, Brussels, 16 October 1996; and European Commission Green Paper on the Protection of Minors and Human Dignity in Audovisual and Information Services, Brussels, 16 October 1996.
11. For the formation of the IWF see Safety-Net proposal, "Rating, Reporting, Responsibility, For Child Pornography & Illegal Material on the Internet" adopted and recommended by the Executive Committee of ISPA - Internet Services Providers Association, LINX - London Internet Exchange and the Internet Watch Foundation at . See further the Review of the Internet Watch Foundation: A report for the DTI and Home Office by KPMG and Denton Hall, February 1999, at http://www.dti.gov.uk/public/frame2.html. For a critique of the IWF and its activities, see Cyber-Rights & Cyber-Liberties (UK) Report: "Who Watches the Watchmen: Part II - Accountability & Effective Self-Regulation in the Information Age," September 1998 at . See European Commission Communication, Illegal and Harmful Content on the Internet, Com (96) 487, Brussels, 16 October 1996; and European Commission Green Paper on the Protection of Minors and Human Dignity in Audovisual and Information Services, Brussels, 16 October 1996.
12. For the formation of the IWF see Safety-Net proposal, "Rating, Reporting, Responsibility, For Child Pornography & Illegal Material on the Internet" adopted and recommended by the Executive Committee of ISPA - Internet Services Providers Association, LINX - London Internet Exchange and the Internet Watch Foundation at . See further the Review of the Internet Watch Foundation: A report for the DTI and Home Office by KPMG and Denton Hall, February 1999, at http://www.dti.gov.uk/public/frame2.html. For a critique of the IWF and its activities, see Cyber-Rights & Cyber-Liberties (UK) Report: "Who Watches the Watchmen: Part II - Accountability & Effective Self-Regulation in the Information Age," September 1998 at . See European Commission Communication, Illegal and Harmful Content on the Internet, Com (96) 487, Brussels, 16 October 1996; and European Commission Green Paper on the Protection of Minors and Human Dignity in Audovisual and Information Services, Brussels, 16 October 1996.
13. Ibid. at page 10.
14. Decision No /98/EC of the European Parliament and of the Council of adopting a Multiannual Community Action Plan on promoting safer use of the Internet by combating illegal and harmful content on global networks, December 1998. See further Akdeniz, Y., "The European Union and illegal and harmful content on the Internet," (1998) Journal of Civil Liberties 3(1), March, 31-36; Walker, C., & Akdeniz,Y.,"The governance of the Internet in Europe with special reference to illegal and harmful content," [1998] Criminal Law Review, December Special Edition: Crime, Criminal Justice and the Internet, pp. 5-19.
15. Decision No /98/EC of the European Parliament and of the Council of adopting a Multiannual Community Action Plan on promoting safer use of the Internet by combating illegal and harmful content on global networks, December 1998. See further Akdeniz, Y., "The European Union and illegal and harmful content on the Internet," (1998) Journal of Civil Liberties 3(1), March, 31-36; Walker, C., & Akdeniz,Y.,"The governance of the Internet in Europe with special reference to illegal and harmful content," [1998] Criminal Law Review, December Special Edition: Crime, Criminal Justice and the Internet, pp. 5-19.
16. Decision No /98/EC of the European Parliament and of the Council of adopting a Multiannual Community Action Plan on promoting safer use of the Internet by combating illegal and harmful content on global networks, December 1998. See further Akdeniz, Y., "The European Union and illegal and harmful content on the Internet," (1998) Journal of Civil Liberties 3(1), March, 31-36; Walker, C., & Akdeniz,Y.,"The governance of the Internet in Europe with special reference to illegal and harmful content," [1998] Criminal Law Review, December Special Edition: Crime, Criminal Justice and the Internet, pp. 5-19.
17. Ibid.
18. Next stop is bookshops as a book named Anarchist's Cookbook is available through well known bookshops such as Waterstones and Dillons within the UK.
19. See generally Akdeniz, Y, Sex on the Net? The Dilemma of Policing Cyberspace, Reading: South Street Press, 1999.
20. Reidenberg, J.R., "Governing Networks and Cyberspace Rule-Making" (1996) Emory Law Journal 45. See generally Akdeniz, Y., & Walker, C., &, Wall, D., (eds), The Internet, Law and Society,Addison Wesley Longman, 2000.
21. Reidenberg, J.R., "Governing Networks and Cyberspace Rule-Making" (1996) Emory Law Journal 45. See generally Akdeniz, Y., & Walker, C., &, Wall, D., (eds), The Internet, Law and Society,Addison Wesley Longman, 2000.
22. See generally Akdeniz, Y., "Child Pornography," in Akdeniz, Y., & Walker, C., &, Wall, D., (eds), The Internet, Law and Society, Addison Wesley Longman, 2000. See further Akdeniz, Y., 'The Regulation of Pornography and Child Pornography on the Internet,' 1997 (1) The Journal of Information, Law and Technology (JILT), at .
23. See generally Akdeniz, Y., "Child Pornography," in Akdeniz, Y., & Walker, C., &, Wall, D., (eds), The Internet, Law and Society, Addison Wesley Longman, 2000. See further Akdeniz, Y., 'The Regulation of Pornography and Child Pornography on the Internet,' 1997 (1) The Journal of Information, Law and Technology (JILT), at .
24. In October 1996, the National Criminal Intelligence Service (NCIS) launched Project Trawler to study the extent of criminal misuse of information technology, and the methods law enforcement officials should use. See Uhlig, R., Hyder, K., "E-mail open to police scrutiny," The Daily Telegraph, 9 June, 1997.
25. See NCIS, Project Trawler: Crime On The Information Highways, 22 June 1999.
26. Under section 1(1) of the Official Secrets Act 1989,"A person who is or has been - (a) a member of the security and intelligence services, or (b) a person notified that he is subject to the provisions of this subsection, is guilty of an offence if without lawful authority he discloses any information, document or other article relating to security or intelligence which is or has been in his possession by virtue of his position as a member of any of those services or in the course of his work while the notification is or was in force. For example the NCIS Project Trawler report did not refer to the issues that may be related to the Official Secrecy Act. See NCIS, Project Trawler: Crime On The Information Highways, 22 June 1999.
27. See Davis, D., "Criminal Law and the Internet: The Investigator's Perspective," [1998] Criminal Law Review, December Special Edition, pp. 48-61.
28. See Wall, D., "Policing and the Regulation of the Internet," [1998] Criminal Law Review, December Special Edition, pp. 79-90; Sieber, U., "Legal Aspects of Computer-Related Crime in the Information Society," Legal Advisory Board, European Commission, January 1998, at .
29. See Wall, D., "Policing and the Regulation of the Internet," [1998] Criminal Law Review, December Special Edition, pp. 79-90; Sieber, U., "Legal Aspects of Computer-Related Crime in the Information Society," Legal Advisory Board, European Commission, January 1998, at .
30. See Akdeniz, Y., "Section 3 of the Computer Misuse Act 1990: an Antidote for Computer Viruses!" [1996] 3 Web Journal of Current Legal Issues.
31. See "From hackers with love: the computer bug that brought world business to its knees," The Independent, 5 May, 2000.
32. The Melissa virus first appeared on the Internet in March of 1999. It spread rapidly throughout computer systems in the United States and Europe. It is estimated that the virus caused $80 million in damages to computers worldwide. David Smith pleaded guilty on 9 December 1999 to state and federal charges associated with his creation of the Melissa virus. See United States of America v David Smith Criminal No. 99-18 U.S.C. § 1030(a)(5)(A) information, United States District Court District of New Jersey.
33. BBC News, "Canada charges hacker suspect," 20 April 2000; Royal Canadian Mounted Police Press Release, "Charges laid in the case of attacks against American electronic commerce sites," (Montreal), 18 April 2000.
34. BBC News, "Canada charges hacker suspect," 20 April 2000; Royal Canadian Mounted Police Press Release, "Charges laid in the case of attacks against American electronic commerce sites," (Montreal), 18 April 2000.
35. See Handyside UK, App. no. no. 5493/72, Ser A vol.24, (1976) 1 EHRR 737.
36. See further Castells v Spain, App. no. 11798/85, Ser.A vol.236, (1992) 14 EHRR 445.
37. See generally Sieber, U., "LegalAspects of Computer-Related Crime in the Information Society," Legal Advisory Board, European Commission, January 1998.
38. See for example the Children and Young Persons (Harmful Publications) Act 1955 which is enacted to prevent the dissemination of certain pictorial publications harmful to children and young persons. Under section 2(1) of the 1955 legislation, a person who prints, publishes, sells or lets on hire a work to which this Act applies, or has any such work in his possession for the purpose of selling it or letting it on hire, shall be guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding four months or to a fine not exceeding [level 3 on the standard scale] or to both.
39. Under Article 10(2) of the European Convention on Human Rights states that "the exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions, or penalties as are prescribed by law and are necessary in a democratic society, ... for the protection of health or morals ..." See for example Handyside v UK, App. no. no. 5493/72, Ser A vol.24, (1976) 1 EHRR 737.
40. Cabinet Office Performance and Innovation Unit Report, e-commerce@its.best.uk:The Government's Strategy, September 1999, at .
41. Ibid at para 10.6.
42. See The House of Commons Select Committee on Trade and Industry, "Report on Building Confidence in Electronic Commerce: The Government's Proposals," HC 187, seventh report of session 1998-99, 19 May 1999. See further Akdeniz,Y;Taylor, N.; Walker, C., Regulation of Investigatory Powers Act 2000 (1): Bigbrother.gov.uk: State surveillance in the age of information and rights, [2001] Criminal Law Review, (February), pp. 73-90; and Bowden, C., & Akdeniz,Y., "Cryptography and Democracy: Dilemmas of Freedom," in Liberty eds., Liberating Cyberspace: Civil Liberties, Human Rights, and the Internet, London: Pluto Press, 1999, 81-125. An online version is at .
43. See The House of Commons Select Committee on Trade and Industry, "Report on Building Confidence in Electronic Commerce: The Government's Proposals," HC 187, seventh report of session 1998-99, 19 May 1999. See further Akdeniz,Y;Taylor, N.; Walker, C., Regulation of Investigatory Powers Act 2000 (1): Bigbrother.gov.uk: State surveillance in the age of information and rights, [2001] Criminal Law Review, (February), pp. 73-90; and Bowden, C., & Akdeniz,Y., "Cryptography and Democracy: Dilemmas of Freedom," in Liberty eds., Liberating Cyberspace: Civil Liberties, Human Rights, and the Internet, London: Pluto Press, 1999, 81-125. An online version is at .
44. See The House of Commons Select Committee on Trade and Industry, "Report on Building Confidence in Electronic Commerce: The Government's Proposals," HC 187, seventh report of session 1998-99, 19 May 1999. See further Akdeniz,Y;Taylor, N.; Walker, C., Regulation of Investigatory Powers Act 2000 (1): Bigbrother.gov.uk: State surveillance in the age of information and rights, [2001] Criminal Law Review, (February), pp. 73-90; and Bowden, C., & Akdeniz,Y., "Cryptography and Democracy: Dilemmas of Freedom," in Liberty eds., Liberating Cyberspace: Civil Liberties, Human Rights, and the Internet, London: Pluto Press, 1999, 81-125. An online version is at .
45. As argued by the author in an earlier piece, see Akdeniz, Y., "Governance of Pornography and Child Pornography on the Global Internet:A Multi-Layered Approach," in eds Edwards, L., and Waelde, C., Law and the Internet: Regulating Cyberspace, Oxford: Hart Publishing, 1997, pp. 223-241.
46. See a recent controversial decision of the Court of Appeal in the case of R v Jonathan Bowden (1999), CA (Otton LJ, Smith J, Collins J) 10/11/99 involving making of child pornography by downloading images from the Internet. See further Akdeniz, Y, "Child Pornography," in Akdeniz, Y., & Walker, C., &, Wall, D., (eds), The Internet, Law and Society,Addison Wesley Longman, 2000.
47. See further Akdeniz, Y, "Computer Pornography: A Comparative Study of the US and UK Obscenity Laws and Child Pornography Laws in Relation to the Internet," [1996] International Review of Law, Computers and Technology 10 (2), pp. 235-261.
48. Operation Starburst and Operation Cathedral are among many other police investigations into the use of the Internet by paedophiles. See for further information.
49. Note also the recent amendments made to the 1978 Act by the Criminal Justice and Court ServicesAct 2000 in relation to penalties under section 1 offences.
50. Akdeniz, Y., "Child Pornography," in Akdeniz, Y., & Walker, C., &, Wall, D., (eds), The Internet, Law and Society,Addison Wesley Longman, 2000. See further R v Fellows and Arnold [1997] 1 Cr.App.R. 244; Davis, D., The Internet Detective - An Investigator's Guide, Appendix D, Police Research Group, Home Office, 1998; Davis, D., "Criminal Law and the Internet: The Investigator's Perspective," [1998] Criminal Law Review, December Special Edition, pp 48-61; See Akdeniz, Y., "Regulation of Child Pornography on the Internet: Cases and Materials," at . Last updated May 2001.
51. Akdeniz, Y., "Child Pornography," in Akdeniz, Y., & Walker, C., &, Wall, D., (eds), The Internet, Law and Society,Addison Wesley Longman, 2000. See further R v Fellows and Arnold [1997] 1 Cr.App.R. 244; Davis, D., The Internet Detective - An Investigator's Guide, Appendix D, Police Research Group, Home Office, 1998; Davis, D., "Criminal Law and the Internet: The Investigator's Perspective," [1998] Criminal Law Review, December Special Edition, pp 48-61; See Akdeniz, Y., "Regulation of Child Pornography on the Internet: Cases and Materials," at . Last updated May 2001.
52. Akdeniz, Y., "Child Pornography," in Akdeniz, Y., & Walker, C., &, Wall, D., (eds), The Internet, Law and Society,Addison Wesley Longman, 2000. See further R v Fellows and Arnold [1997] 1 Cr.App.R. 244; Davis, D., The Internet Detective - An Investigator's Guide, Appendix D, Police Research Group, Home Office, 1998; Davis, D., "Criminal Law and the Internet: The Investigator's Perspective," [1998] Criminal Law Review, December Special Edition, pp 48-61; See Akdeniz, Y., "Regulation of Child Pornography on the Internet: Cases and Materials," at . Last updated May 2001.
53. Akdeniz, Y., "Child Pornography," in Akdeniz, Y., & Walker, C., &, Wall, D., (eds), The Internet, Law and Society,Addison Wesley Longman, 2000. See further R v Fellows and Arnold [1997] 1 Cr.App.R. 244; Davis, D., The Internet Detective - An Investigator's Guide, Appendix D, Police Research Group, Home Office, 1998; Davis, D., "Criminal Law and the Internet: The Investigator's Perspective," [1998] Criminal Law Review, December Special Edition, pp 48-61; See Akdeniz, Y., "Regulation of Child Pornography on the Internet: Cases and Materials," at . Last updated May 2001.
54. R v Graham Waddon (1999), Southwark Crown Court (Judge Hardy) 30 June, 1999, Court of Appeal (Criminal Division), 6 April 2000.
55. Another notable case involves the prosecution of a French citizen living in the UK, Stephane Perrin, in November 2000 who was imprisoned for 30 months under the Obscene Publication Act 1959 for the provision of commercial obscene materials through a US based Internet site. Guardian Unlimited, Net pornographers face harsher sentences, November 6, 2000, at . See further Stephane Perrin's Case and related information at .
56. Another notable case involves the prosecution of a French citizen living in the UK, Stephane Perrin, in November 2000 who was imprisoned for 30 months under the Obscene Publication Act 1959 for the provision of commercial obscene materials through a US based Internet site. Guardian Unlimited, Net pornographers face harsher sentences, November 6, 2000, at . See further Stephane Perrin's Case and related information at .
57. Wilson, J., "Net porn baron escapes jail," The Guardian, 7 September 1999.
58. See NCIS, Project Trawler: Crime On The Information Highways, 22 June 1999.
59. See Seenan, G., "Computer programmer sentenced over banned visit to ex-lover," The Guardian, 16 October, 1999; Born, M., "Country's first E-mail stalker is convicted," The Daily Telegraph, 24 March, 1999. See further Ellison, L., & Akdeniz, Y., "Cyber-stalking: the Regulation of Harassment on the Internet," [1998] Criminal Law Review, December Special Edition: Crime, Criminal Justice and the Internet, pp. 29-48.
60. See Seenan, G., "Computer programmer sentenced over banned visit to ex-lover," The Guardian, 16 October, 1999; Born, M., "Country's first E-mail stalker is convicted," The Daily Telegraph, 24 March, 1999. See further Ellison, L., & Akdeniz, Y., "Cyber-stalking: the Regulation of Harassment on the Internet," [1998] Criminal Law Review, December Special Edition: Crime, Criminal Justice and the Internet, pp. 29-48.
61. See Seenan, G., "Computer programmer sentenced over banned visit to ex-lover," The Guardian, 16 October, 1999; Born, M., "Country's first E-mail stalker is convicted," The Daily Telegraph, 24 March, 1999. See further Ellison, L., & Akdeniz, Y., "Cyber-stalking: the Regulation of Harassment on the Internet," [1998] Criminal Law Review, December Special Edition: Crime, Criminal Justice and the Internet, pp. 29-48.
62. Note also a similar prosecution in Scotland, "E-mail 'stalker' jailed for nine months," The Times, 25 February 2000.
63. Note a debate on this issue within the House of Lords: The Internet: Race Hatred Material, House of Lords, Hansard, 11 December 2000.
64. See Wired News, "Britain Shuts Down Spy Sites," 12 May 1999; The Mirror, "TRAITOR: Ex-spy puts names of MI6 agents on Internet in revenge for getting the sack," 13 May 1999, Evans, M., "Government fears that rogue website might put lives at risk," The Times, 13 May 1999.
65. See Wired News, "Britain Shuts Down Spy Sites," 12 May 1999; The Mirror, "TRAITOR: Ex-spy puts names of MI6 agents on Internet in revenge for getting the sack," 13 May 1999, Evans, M., "Government fears that rogue website might put lives at risk," The Times, 13 May 1999.
66. See Wired News, "Britain Shuts Down Spy Sites," 12 May 1999; The Mirror, "TRAITOR: Ex-spy puts names of MI6 agents on Internet in revenge for getting the sack," 13 May 1999, Evans, M., "Government fears that rogue website might put lives at risk," The Times, 13 May 1999.
67. Cabinet Office Performance and Innovation Unit Report, e-commerce@its.best.uk:The Government's Strategy, September 1999, at .
68. 46Ibid, recommendation 10.5.
69. Ibid, para 10.46. "The proposed national unit would have three broad roles: to investigate the most serious 'IT crimes'; to act as a centre of excellence for 'cybercrime' issues; and to support local forces which encounter offenders using sophisticated IT skills." (From the NCIS Project Trawler Report: Key Judgements section, June 1999).
70. Ibid, para 10.47.
71. This was presented to the Home Office on 29 November 1999. The key elements of the strategy are the development of a multi-agency National Hi-Tech Crime Unit supporting enhanced and nationally coordinated local activity against hi-tech crime.
72. Ibid, para 10.48.
73. The funding bid for the additional costs of the strategy (£51 million over three years) are being considered in the Spending Review 2000.
74. NCIS Press Release, Launch of the United Kingdom's first National Hi-Tech Crime Unit, 18/01, 18 April 2001, at . See further House of Commons Hansard Written Answers for 21 Nov 2000 (pt 14), Cyber Crime.
75. NCIS Press Release, Launch of the United Kingdom's first National Hi-Tech Crime Unit, 18/01, 18 April 2001, at . See further House of Commons Hansard Written Answers for 21 Nov 2000 (pt 14), Cyber Crime.
76. See further the Home Office press notice, New hi-tech crime investigators in£25 million boost to combat cybercrime, 359/2000, 13 November 2000, at .
77. Home Office Press Release,"Making the Internet Safe," (306/99), 4 October 1999.
78. The first meeting entitled as "The Police Service and the Internet - Issues for Debate" was held at the DTI on 7 November 1997.
79. See further Akdeniz, Y., & Bohm, N, "Internet Privacy: New Concerns about Cyber-Crime and the Rule of Law," (1999) Information Technology & Communications Law Journal (5) pp. 20-24.
80. Akdeniz, Y., "New Privacy Concerns: ISPs, Crime prevention, and Consumers' Rights," [2000] International Review of Law, Computers and Technology, 14 (1), 55-61; Akdeniz,Y., "Policing the Internet: Regulation and censorship," chapter in Gibson, R, & Ward, S., (eds), Reinvigorating Democracy? British Politics and the Internet,Ashgate, 2000, pp. 169-188.
81. Akdeniz, Y., "New Privacy Concerns: ISPs, Crime prevention, and Consumers' Rights," [2000] International Review of Law, Computers and Technology, 14 (1), 55-61; Akdeniz,Y., "Policing the Internet: Regulation and censorship," chapter in Gibson, R, & Ward, S., (eds), Reinvigorating Democracy? British Politics and the Internet,Ashgate, 2000, pp. 169-188.
82. Note sections 12-14 of the RIP Act 2000. See further Akdeniz, Y.; Taylor, N.; Walker, C., Regulation of Investigatory Powers Act 2000 (1): Bigbrother.gov.uk: State surveillance in the age of information and rights, [2001] Criminal Law Review, (February), pp. 73-90.
83. th version of the draft Convention is published and the draft Convention has been approved by the Parliamentary Assembly of the Council of Europe in its 2001 Ordinary Assembly Session during 23-27April 2001.
84. th version of the draft Convention is published and the draft Convention has been approved by the Parliamentary Assembly of the Council of Europe in its 2001 Ordinary Assembly Session during 23-27April 2001.
85. See the European Scrutiny Committee Reports, First Report, 7 December 1998,HC 34-1, Session 1998-99, (High Tech Crime).
86. Select Committee on European Scrutiny Twenty-First Report, HC 34-xxi, 21 June 1999.
87. 62Ibid.
88. 63Ibid.
89. The draft Convention is also supported outside the member states of the Council of Europe. Given the importance of the subject, non-member States, such as Canada, Japan, South-Africa and the United States, also actively participate in the negotiations and the G8 countries do support the draft Convention.
90. See the IWF statistics at (last updated on 16/02/99).
91. Mainly because of the availability of child pornography on the Internet (mainly through the Usenet discussion groups) and its provision by the ISPs.
92. See generally the Letter from the Metropolitan Police to the UK ISPs, August 1996, at .
93. See the Criminal case of Somm, Felix Bruno, File No: 8340 Ds 465 JS 173158/95, Local Court (Amtsgericht) Munich. An English version of the case is available at . See further Sieber, U.,"Control possibilities for the prevention of criminal content in computer networks," Part I in [1999] 15 CLSR 1, 34-39; Part II in [1999] 15 CLSR 2, 90-100, Part III in [1999] 15 CLSR 3, 168-181 for an examination of the German Information and Communications Act (IuKDG); and Sieber, U.,"Responsibility of Internet Providers - A comparative legal study with recommendations for future legal policy," [1999] 15 CLSR 5, 291-310. See further Julia-Barcelo, J., "Liability for On-line Intermediaries: A European Perspective," [1998] EIPR 12, 453-463; Bodard, K., De Hert, P., De Schutter, B., "Crime on Internet:A Challenge to Criminal Law in Europe," (1998) MJ 5, 222-261.
94. See the Criminal case of Somm, Felix Bruno, File No: 8340 Ds 465 JS 173158/95, Local Court (Amtsgericht) Munich. An English version of the case is available at . See further Sieber, U.,"Control possibilities for the prevention of criminal content in computer networks," Part I in [1999] 15 CLSR 1, 34-39; Part II in [1999] 15 CLSR 2, 90-100, Part III in [1999] 15 CLSR 3, 168-181 for an examination of the German Information and Communications Act (IuKDG); and Sieber, U.,"Responsibility of Internet Providers - A comparative legal study with recommendations for future legal policy," [1999] 15 CLSR 5, 291-310. See further Julia-Barcelo, J., "Liability for On-line Intermediaries: A European Perspective," [1998] EIPR 12, 453-463; Bodard, K., De Hert, P., De Schutter, B., "Crime on Internet:A Challenge to Criminal Law in Europe," (1998) MJ 5, 222-261.
95. See the Criminal case of Somm, Felix Bruno, File No: 8340 Ds 465 JS 173158/95, Local Court (Amtsgericht) Munich. An English version of the case is available at . See further Sieber, U.,"Control possibilities for the prevention of criminal content in computer networks," Part I in [1999] 15 CLSR 1, 34-39; Part II in [1999] 15 CLSR 2, 90-100, Part III in [1999] 15 CLSR 3, 168-181 for an examination of the German Information and Communications Act (IuKDG); and Sieber, U.,"Responsibility of Internet Providers - A comparative legal study with recommendations for future legal policy," [1999] 15 CLSR 5, 291-310. See further Julia-Barcelo, J., "Liability for On-line Intermediaries: A European Perspective," [1998] EIPR 12, 453-463; Bodard, K., De Hert, P., De Schutter, B., "Crime on Internet:A Challenge to Criminal Law in Europe," (1998) MJ 5, 222-261.
96. See the Criminal case of Somm, Felix Bruno, File No: 8340 Ds 465 JS 173158/95, Local Court (Amtsgericht) Munich. An English version of the case is available at . See further Sieber, U.,"Control possibilities for the prevention of criminal content in computer networks," Part I in [1999] 15 CLSR 1, 34-39; Part II in [1999] 15 CLSR 2, 90-100, Part III in [1999] 15 CLSR 3, 168-181 for an examination of the German Information and Communications Act (IuKDG); and Sieber, U.,"Responsibility of Internet Providers - A comparative legal study with recommendations for future legal policy," [1999] 15 CLSR 5, 291-310. See further Julia-Barcelo, J., "Liability for On-line Intermediaries: A European Perspective," [1998] EIPR 12, 453-463; Bodard, K., De Hert, P., De Schutter, B., "Crime on Internet:A Challenge to Criminal Law in Europe," (1998) MJ 5, 222-261.
97. See the Criminal case of Somm, Felix Bruno, File No: 8340 Ds 465 JS 173158/95, Local Court (Amtsgericht) Munich. An English version of the case is available at . See further Sieber, U.,"Control possibilities for the prevention of criminal content in computer networks," Part I in [1999] 15 CLSR 1, 34-39; Part II in [1999] 15 CLSR 2, 90-100, Part III in [1999] 15 CLSR 3, 168-181 for an examination of the German Information and Communications Act (IuKDG); and Sieber, U.,"Responsibility of Internet Providers - A comparative legal study with recommendations for future legal policy," [1999] 15 CLSR 5, 291-310. See further Julia-Barcelo, J., "Liability for On-line Intermediaries: A European Perspective," [1998] EIPR 12, 453-463; Bodard, K., De Hert, P., De Schutter, B., "Crime on Internet:A Challenge to Criminal Law in Europe," (1998) MJ 5, 222-261.
98. See the Criminal case of Somm, Felix Bruno, File No: 8340 Ds 465 JS 173158/95, Local Court (Amtsgericht) Munich. An English version of the case is available at . See further Sieber, U.,"Control possibilities for the prevention of criminal content in computer networks," Part I in [1999] 15 CLSR 1, 34-39; Part II in [1999] 15 CLSR 2, 90-100, Part III in [1999] 15 CLSR 3, 168-181 for an examination of the German Information and Communications Act (IuKDG); and Sieber, U.,"Responsibility of Internet Providers - A comparative legal study with recommendations for future legal policy," [1999] 15 CLSR 5, 291-310. See further Julia-Barcelo, J., "Liability for On-line Intermediaries: A European Perspective," [1998] EIPR 12, 453-463; Bodard, K., De Hert, P., De Schutter, B., "Crime on Internet:A Challenge to Criminal Law in Europe," (1998) MJ 5, 222-261.
99. See the Criminal case of Somm, Felix Bruno, File No: 8340 Ds 465 JS 173158/95, Local Court (Amtsgericht) Munich. An English version of the case is available at . See further Sieber, U.,"Control possibilities for the prevention of criminal content in computer networks," Part I in [1999] 15 CLSR 1, 34-39; Part II in [1999] 15 CLSR 2, 90-100, Part III in [1999] 15 CLSR 3, 168-181 for an examination of the German Information and Communications Act (IuKDG); and Sieber, U.,"Responsibility of Internet Providers - A comparative legal study with recommendations for future legal policy," [1999] 15 CLSR 5, 291-310. See further Julia-Barcelo, J., "Liability for On-line Intermediaries: A European Perspective," [1998] EIPR 12, 453-463; Bodard, K., De Hert, P., De Schutter, B., "Crime on Internet:A Challenge to Criminal Law in Europe," (1998) MJ 5, 222-261.
100. Section 3 of the 1978 Act states that "Where a body corporate is guilty of an offence under this Act and it is proved that the offence occurred with the consent or connivance of, or was attributable to any neglect on the part of, any director, manager, ... he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. See for an interpretation Leong. G., "Computer Child Pornography - The Liability of Distributors?" [1998] Criminal Law Review Special Edition: Crime, Criminal Justice, and the Internet, (December), pp. 19-29.
101. "Germany clears Net chief of child porn charges," The Independent, 18 November 1999. Note also the French case of League Against Racism and Antisemitism (LICRA), French Union of Jewish Students, v Yahoo! Inc. (USA), Yahoo France, Tribunal de Grande Instance de Paris (The County Court of Paris), Interim Court Order, 20 November 2000.
102. "Germany clears Net chief of child porn charges," The Independent, 18 November 1999. Note also the French case of League Against Racism and Antisemitism (LICRA), French Union of Jewish Students, v Yahoo! Inc. (USA), Yahoo France, Tribunal de Grande Instance de Paris (The County Court of Paris), Interim Court Order, 20 November 2000.
103. European Commission, "Proposal for a European Parliament and Council Directive on certain legal aspects of electronic commerce in the internal market," COM(1998) 586 final, 98/0325 (COD), Brussels, 18.11.1998; European Commission,Amended proposal for a European Parliament and Council Directive on certain legal aspects of electronic commerce in the Internal Market (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty), COM(1999)427 final, 98/0325 (COD). (Official Journal of the European Communities) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ("Directive on electronic commerce") vol 43, OJ L 178 17 July 2000 p.1.
104. European Commission, "Proposal for a European Parliament and Council Directive on certain legal aspects of electronic commerce in the internal market," COM(1998) 586 final, 98/0325 (COD), Brussels, 18.11.1998; European Commission,Amended proposal for a European Parliament and Council Directive on certain legal aspects of electronic commerce in the Internal Market (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty), COM(1999)427 final, 98/0325 (COD). (Official Journal of the European Communities) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ("Directive on electronic commerce") vol 43, OJ L 178 17 July 2000 p.1.
105. European Commission, "Proposal for a European Parliament and Council Directive on certain legal aspects of electronic commerce in the internal market," COM(1998) 586 final, 98/0325 (COD), Brussels, 18.11.1998; European Commission,Amended proposal for a European Parliament and Council Directive on certain legal aspects of electronic commerce in the Internal Market (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty), COM(1999)427 final, 98/0325 (COD). (Official Journal of the European Communities) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ("Directive on electronic commerce") vol 43, OJ L 178 17 July 2000 p.1.
106. See articles 13 and 14 of the Directive.
107. This is already possible under section 1 of the Defamation Act, and "notice and takedown" is common practice for the removal of content alleged to be defamatory. See for example Akdeniz, Y., Case Analysis: Laurence Godfrey v Demon Internet Limited, Journal of Civil Liberties, July 1999; Cyber-Rights & Cyber-Liberties (UK), Hulbert's Case, the Lord Chancellor and Censorship of the Internet, 11 November, 1999; and Akdeniz,Y, & Rogers, W.R.H.,"Defamation on the Internet," in Akdeniz, Y., & Walker, C., &, Wall, D., (eds), The Internet, Law and Society,AddisonWesley Longman, 2000.
108. This is already possible under section 1 of the Defamation Act, and "notice and takedown" is common practice for the removal of content alleged to be defamatory. See for example Akdeniz, Y., Case Analysis: Laurence Godfrey v Demon Internet Limited, Journal of Civil Liberties, July 1999; Cyber-Rights & Cyber-Liberties (UK), Hulbert's Case, the Lord Chancellor and Censorship of the Internet, 11 November, 1999; and Akdeniz,Y, & Rogers, W.R.H.,"Defamation on the Internet," in Akdeniz, Y., & Walker, C., &, Wall, D., (eds), The Internet, Law and Society,AddisonWesley Longman, 2000.
109. This is already possible under section 1 of the Defamation Act, and "notice and takedown" is common practice for the removal of content alleged to be defamatory. See for example Akdeniz, Y., Case Analysis: Laurence Godfrey v Demon Internet Limited, Journal of Civil Liberties, July 1999; Cyber-Rights & Cyber-Liberties (UK), Hulbert's Case, the Lord Chancellor and Censorship of the Internet, 11 November, 1999; and Akdeniz,Y, & Rogers, W.R.H.,"Defamation on the Internet," in Akdeniz, Y., & Walker, C., &, Wall, D., (eds), The Internet, Law and Society,AddisonWesley Longman, 2000.
110. Cyber-Rights & Cyber-Liberties (UK) Press Release, "UK ISP found liable for defamation," 26 March, 1999, at . See also; Uhlig, R.,"Libel setback for Demon," The Daily Telegraph, Connected Section, 1 April 1999; and Akdeniz, Y., "The case for free speech," The Guardian, (Online Section), 27 April 2000.
111. Cyber-Rights & Cyber-Liberties (UK) Press Release, "UK ISP found liable for defamation," 26 March, 1999, at . See also; Uhlig, R.,"Libel setback for Demon," The Daily Telegraph, Connected Section, 1 April 1999; and Akdeniz, Y., "The case for free speech," The Guardian, (Online Section), 27 April 2000.
112. Cyber-Rights & Cyber-Liberties (UK) Press Release, "UK ISP found liable for defamation," 26 March, 1999, at . See also; Uhlig, R.,"Libel setback for Demon," The Daily Telegraph, Connected Section, 1 April 1999; and Akdeniz, Y., "The case for free speech," The Guardian, (Online Section), 27 April 2000.
113. Note that in Thailand, the Thai police ordered 17 ISPs to block pornographic websites that superimpose images of Thai actresses on naked images. Newsbytes,"Thai police order ISPs to block sites," 26 November, 1999, at . See further "Porn swoop worries Net advocates," The Nation (Bangkok,Thailand), 27 November 1999.
114. Note that in Thailand, the Thai police ordered 17 ISPs to block pornographic websites that superimpose images of Thai actresses on naked images. Newsbytes,"Thai police order ISPs to block sites," 26 November, 1999, at . See further "Porn swoop worries Net advocates," The Nation (Bangkok,Thailand), 27 November 1999.
115. The Internet Watch Foundation was established as an industry response to law enforcement concerns in September 1996. Furthermore, the Association of Chief Police Officers (ACPO), Government and the Internet Service Providers Forum was established in November 1997 to create further partnership between the Internet industry and the law enforcement agencies within the UK to address Internet related criminal activity. See Akdeniz, Y, & Bohm, N, "Internet Privacy: New Concerns about Cyber-Crime and the Rule of Law," (1999) Information Technology & Communications Law Journal (5) 20-24; Akdeniz, Y, Bohm, N., & Walker, C., "Internet Privacy: Cyber-Crimes vs Cyber-Rights," (1999) Computers & Law, (10) 1,April/May 34-39; and Akdeniz,Y.,"New Privacy Concerns: ISPs, Crime prevention, and Consumers' Rights," [2000] International Review of Law, Computers and Technology, 14 (1), 55-61.
116. The Internet Watch Foundation was established as an industry response to law enforcement concerns in September 1996. Furthermore, the Association of Chief Police Officers (ACPO), Government and the Internet Service Providers Forum was established in November 1997 to create further partnership between the Internet industry and the law enforcement agencies within the UK to address Internet related criminal activity. See Akdeniz, Y, & Bohm, N, "Internet Privacy: New Concerns about Cyber-Crime and the Rule of Law," (1999) Information Technology & Communications Law Journal (5) 20-24; Akdeniz, Y, Bohm, N., & Walker, C., "Internet Privacy: Cyber-Crimes vs Cyber-Rights," (1999) Computers & Law, (10) 1,April/May 34-39; and Akdeniz,Y.,"New Privacy Concerns: ISPs, Crime prevention, and Consumers' Rights," [2000] International Review of Law, Computers and Technology, 14 (1), 55-61.
117. The Internet Watch Foundation was established as an industry response to law enforcement concerns in September 1996. Furthermore, the Association of Chief Police Officers (ACPO), Government and the Internet Service Providers Forum was established in November 1997 to create further partnership between the Internet industry and the law enforcement agencies within the UK to address Internet related criminal activity. See Akdeniz, Y, & Bohm, N, "Internet Privacy: New Concerns about Cyber-Crime and the Rule of Law," (1999) Information Technology & Communications Law Journal (5) 20-24; Akdeniz, Y, Bohm, N., & Walker, C., "Internet Privacy: Cyber-Crimes vs Cyber-Rights," (1999) Computers & Law, (10) 1,April/May 34-39; and Akdeniz,Y.,"New Privacy Concerns: ISPs, Crime prevention, and Consumers' Rights," [2000] International Review of Law, Computers and Technology, 14 (1), 55-61.
118. See Safety-Net proposal, "Rating, Reporting, Responsibility, For Child Pornography & Illegal Material on the Internet" adopted and recommended by the Executive Committee of ISPA - Internet Services Providers Association, LINX - London Internet Exchange and the Internet Watch Foundation at .
119. See Communications Decency Act 1996 (47 USC s.223);ACLU v Reno (117 S. Ct. 2329 (1997);Akdeniz,Y.,"Censorship on the Internet" (1997) 147 New Law Journal 1003. See further the US Child Online Protection Act () and the related case of American Civil Liberties Union, et al. v Janet Reno, Civil Action No. 98-5591, United States District Court for the Eastern District of Pennsylvania, (February 1, 1999), 31 E Supp. 2d 473; 1999 U.S. Dist. Lexis 735; 27 Media L.Rep. 1449; 14 Comm. Reg. (P & F) 1145, at . In June 2000, in a unanimous decision, a three-judge panel of the Third Circuit Court of Appeals in ACLU v. Reno II, No. 99-1324, struck down COPA. For the full decision see .
120. See Communications Decency Act 1996 (47 USC s.223);ACLU v Reno (117 S. Ct. 2329 (1997);Akdeniz,Y.,"Censorship on the Internet" (1997) 147 New Law Journal 1003. See further the US Child Online Protection Act
121. See Communications Decency Act 1996 (47 USC s.223);ACLU v Reno (117 S. Ct. 2329 (1997);Akdeniz,Y.,"Censorship on the Internet" (1997) 147 New Law Journal 1003. See further the US Child Online Protection Act () and the related case of American Civil Liberties Union, et al. v Janet Reno, Civil Action No. 98-5591, United States District Court for the Eastern District of Pennsylvania, (February 1, 1999), 31 E Supp. 2d 473; 1999 U.S. Dist. Lexis 735; 27 Media L.Rep. 1449; 14 Comm. Reg. (P & F) 1145, at . In June 2000, in a unanimous decision, a three-judge panel of the Third Circuit Court of Appeals in ACLU v. Reno II, No. 99-1324, struck down COPA. For the full decision see .
122. See Communications Decency Act 1996 (47 USC s.223);ACLU v Reno (117 S. Ct. 2329 (1997);Akdeniz,Y.,"Censorship on the Internet" (1997) 147 New Law Journal 1003. See further the US Child Online Protection Act () and the related case of American Civil Liberties Union, et al. v Janet Reno, Civil Action No. 98-5591, United States District Court for the Eastern District of Pennsylvania, (February 1, 1999), 31 E Supp. 2d 473; 1999 U.S. Dist. Lexis 735; 27 Media L.Rep. 1449; 14 Comm. Reg. (P & F) 1145, at . In June 2000, in a unanimous decision, a three-judge panel of the Third Circuit Court of Appeals in ACLU v. Reno II, No. 99-1324, struck down COPA. For the full decision see .
123. Decision No /98/EC of the European Parliament and of the Council of adopting a Multiannual Community Action Plan on promoting safer use of the Internet by combating illegal and harmful content on global networks, December 1998. See further Akdeniz, Y., "The European Union and illegal and harmful content on the Internet," (1998) Journal of Civil Liberties 3(1), March, pp. 31-36.
124. See .
125. See for example the House of Commons Written Answers (8 Jun 1998), Prime Minister (Child Pornography) in relation to this issue.
126. Which was published in March 1998.
127. See the IWF statistics at .
128. Action taken' counts those reports which IWF has judged to contain potentially illegal material.
129. COPINE project dealt with the availability of child pornography through the newsgroups. See the Proceedings of the First Copine Conference, January 20-21, 1998, Dublin, Ireland; and Proceedings of the Second Copine Conference, April 1-2, 1999, Brussels. Please note that these reports are not online.
130. COPINE project dealt with the availability of child pornography through the newsgroups. See the Proceedings of the First Copine Conference, January 20-21, 1998, Dublin, Ireland; and Proceedings of the Second Copine Conference, April 1-2, 1999, Brussels. Please note that these reports are not online.
131. INHOPE - Internet Hotline Providers in Europe is a project under the EC Daphne Programme to encourage co-operation between European Internet Hotline providers to reduce the level of child pornography on the Internet. For details see .
132. Per Professor Nadine Strossen,from anACLU Press Release,"ACLU Joins International Protest Against Global Internet Censorship Plans," 9 September 1999, at .
133. Ibid.
134. Internet Watch Foundation press release, "New Brief for IWF," 25 January, 2000 at .The new role for IWF, will include "seeking to apply IWF's self-regulation approach to racism on the Internet." See further Akdeniz, Y., "The case for free speech," The Guardian, (Online Section), 27 April 2000.
135. Internet Watch Foundation press release, "New Brief for IWF," 25 January, 2000 at .The new role for IWF, will include "seeking to apply IWF's self-regulation approach to racism on the Internet." See further Akdeniz, Y., "The case for free speech," The Guardian, (Online Section), 27 April 2000.
136. See the Bertelsmann Foundation's Memorandum on Internet Self-Regulation, September 1999, at . For a critique of the Bertelsmann proposals seethe Cyber Rights & Cyber-Liberties (UK) Memorandum for the Internet Content Summit 1999, 9 September, 1999, at .
137. See the Bertelsmann Foundation's Memorandum on Internet Self-Regulation, September 1999, at . For a critique of the Bertelsmann proposals seethe Cyber Rights & Cyber-Liberties (UK) Memorandum for the Internet Content Summit 1999, 9 September, 1999, at .
138. Ibid.
139. See further Akdeniz, Y., "Governance of Pornography and Child Pornography on the Global Internet: A Multi-Layered Approach," in Edwards, L and Waelde, C eds, Law and the Internet: Regulating Cyberspace, Hart Publishing, 1997, pp. 223-241.
140. Paragraph 10.13 of the Cabinet Office report e-commerce@its.best.uk.
141. See for example the Gary Glitter case coverage by the Sun and the Mirror newspapers on 13 November 1999.
142. Internet Watch Foundation, A Consultation paper: Rating and Filtering Internet Content - A United Kingdom Perspective," March 1998, at . For a critique of such initiatives see Cyber-Rights & Cyber-Liberties (UK) Report, "Who Watches the Watchmen: Internet Content Rating Systems, and Privatized Censorship," November 1997, and Cyber-Rights & Cyber-Liberties (UK) Report: "Who Watches the Watchmen: Part II - Accountability & Effective Self-Regulation in the Information Age," September 1998 at .
143. Internet Watch Foundation, A Consultation paper: Rating and Filtering Internet Content - A United Kingdom Perspective," March 1998, at . For a critique of such initiatives see Cyber-Rights & Cyber-Liberties (UK) Report, "Who Watches the Watchmen: Internet Content Rating Systems, and Privatized Censorship," November 1997, and Cyber-Rights & Cyber-Liberties (UK) Report: "Who Watches the Watchmen: Part II - Accountability & Effective Self-Regulation in the Information Age," September 1998 at .
144. Internet Watch Foundation, A Consultation paper: Rating and Filtering Internet Content - A United Kingdom Perspective," March 1998, at . For a critique of such initiatives see Cyber-Rights & Cyber-Liberties (UK) Report, "Who Watches the Watchmen: Internet Content Rating Systems, and Privatized Censorship," November 1997, and Cyber-Rights & Cyber-Liberties (UK) Report: "Who Watches the Watchmen: Part II - Accountability & Effective Self-Regulation in the Information Age," September 1998 at .
145. See Mrs Barbara Roche, DTI, Internet, Commons Written Answers, 26 June 1997.
146. Cyber-Rights & Cyber-Liberties (UK) Report, "Who Watches the Watchmen: Internet Content Rating Systems, and Privatized Censorship,"November 1997, .
147. See "Review of the Internet Watch Foundation: A report for the DTI and Home Office by KPMG and Denton Hall," February 1999, at .
148. Note also the ICRA (Internet Content Rating Association) system which follows from the RSACi system. See http://www.icra.org/ for further information.
149. See Computer Professionals for Social Responsibility "Filtering FAQ" . Note that most filtering systems based on third-party rating, such as CyberPatrol, are compliant with the PICS labelling system.
150. See .
151. Department of Trade and Industry, Net Benefit: The Electronic Commerce Agenda for the UK, DTI/Pub 3619, October 1998, at , p. 13.
152. Department of Trade and Industry, Net Benefit: The Electronic Commerce Agenda for the UK, DTI/Pub 3619, October 1998, at . See also the associated press release, Net Benefit: Barbara Roche Sets Out Britain's Electronic Commerce Agenda, P/98/75 5 6 October 1998.
153. Department of Trade and Industry, Net Benefit: The Electronic Commerce Agenda for the UK, DTI/Pub 3619, October 1998, at . See also the associated press release, Net Benefit: Barbara Roche Sets Out Britain's Electronic Commerce Agenda, P/98/75 5 6 October 1998.
154. Ibid at p. 13.
155. Department of Trade and Industry, Secure Electronic Commerce Statement, April 1998, is available at .
156. See Akdeniz, Y., & Walker, C., "UK Government Policy on Encryption:Trust is the Key?" (1998) Journal of Civil Liberties 3(2), pp. 110-116.
157. Department of Trade and Industry, Net Benefit: The Electronic Commerce Agenda for the UK, DTI/Pub 3619, October 1998, at .
158. Adjournment Debate, HMG Strategy for the Internet: Memorandum by the Hon John Battle MP, Minister for Science, Energy and Industry, House of Commons, 18 March 1998, at . See for further support to the rating and filtering systems, Mr.Alun Michael, Home Department (Children (Pornography), Commons WrittenAnswers, 2 March 1998; Mr Michael, Home Department, Internet Pornography, Commons Written Answers, 18 February, 1998, Column: 678; Mr Michael, Home Department (Internet), Commons Written Answers, 25 June 1997, Column: 510 [4902]; Lord Clinton-Davis,The Minister of State, Department of Trade and Industry, Written Answers on Internet:Addiction, House of Lords, 1087, 27 March 1998.
159. Adjournment Debate, HMG Strategy for the Internet: Memorandum by the Hon John Battle MP, Minister for Science, Energy and Industry, House of Commons, 18 March 1998, at . See for further support to the rating and filtering systems, Mr.Alun Michael, Home Department (Children (Pornography), Commons WrittenAnswers, 2 March 1998; Mr Michael, Home Department, Internet Pornography, Commons Written Answers, 18 February, 1998, Column: 678; Mr Michael, Home Department (Internet), Commons Written Answers, 25 June 1997, Column: 510 [4902]; Lord Clinton-Davis,The Minister of State, Department of Trade and Industry, Written Answers on Internet:Addiction, House of Lords, 1087, 27 March 1998.
160. Adjournment Debate, HMG Strategy for the Internet: Memorandum by the Hon John Battle MP, Minister for Science, Energy and Industry, House of Commons, 18 March 1998, at . See for further support to the rating and filtering systems, Mr.Alun Michael, Home Department (Children (Pornography), Commons WrittenAnswers, 2 March 1998; Mr Michael, Home Department, Internet Pornography, Commons Written Answers, 18 February, 1998, Column: 678; Mr Michael, Home Department (Internet), Commons Written Answers, 25 June 1997, Column: 510 [4902]; Lord Clinton-Davis,The Minister of State, Department of Trade and Industry, Written Answers on Internet:Addiction, House of Lords, 1087, 27 March 1998.
161. Adjournment Debate, HMG Strategy for the Internet: Memorandum by the Hon John Battle MP, Minister for Science, Energy and Industry, House of Commons, 18 March 1998, at . See for further support to the rating and filtering systems, Mr.Alun Michael, Home Department (Children (Pornography), Commons WrittenAnswers, 2 March 1998; Mr Michael, Home Department, Internet Pornography, Commons Written Answers, 18 February, 1998, Column: 678; Mr Michael, Home Department (Internet), Commons Written Answers, 25 June 1997, Column: 510 [4902]; Lord Clinton-Davis,The Minister of State, Department of Trade and Industry, Written Answers on Internet:Addiction, House of Lords, 1087, 27 March 1998.
162. Adjournment Debate, HMG Strategy for the Internet: Memorandum by the Hon John Battle MP, Minister for Science, Energy and Industry, House of Commons, 18 March 1998, at . See for further support to the rating and filtering systems, Mr.Alun Michael, Home Department (Children (Pornography), Commons WrittenAnswers, 2 March 1998; Mr Michael, Home Department, Internet Pornography, Commons Written Answers, 18 February, 1998, Column: 678; Mr Michael, Home Department (Internet), Commons Written Answers, 25 June 1997, Column: 510 [4902]; Lord Clinton-Davis,The Minister of State, Department of Trade and Industry, Written Answers on Internet:Addiction, House of Lords, 1087, 27 March 1998.
163. Recommendation 10.10 of the e-commerce@its.best.uk report.
164. Para 10.59 of the above report.
165. Para 10.60 of the above report.
166. See the Bertelsmann Foundation's Memorandum on Internet Self-Regulation, September 1999, at .
167. Para 10.60 of the e-commerce@its.best.uk report.
168. See for example the (Irish) Department of Justice, Equality and Law Reform, Illegal and Harmful Use of the Internet (Pn.5231, Dublin, 1998). See further Akdeniz, Y., "Global Internet Liberty Campaign Submission on illegal and harmful content," to the Irish Minister for Justice, July 1997 through .
169. See for example the (Irish) Department of Justice, Equality and Law Reform, Illegal and Harmful Use of the Internet (Pn.5231, Dublin, 1998). See further Akdeniz, Y., "Global Internet Liberty Campaign Submission on illegal and harmful content," to the Irish Minister for Justice, July 1997 through .
170. The Department of Trade and Industry recently reviewed the IWF through a study by KPMG/Denton Hall and the government is pleased with this self-regulatory scheme. See the Review of the Internet Watch Foundation: A report for the DTI and Home Office by KPMG and Denton Hall, February 1999, at .
171. The INCORE (Internet Content Rating for Europe) project was set up by a group of European organizations including the UK's Internet Watch Foundation with common interest in industry self-regulation and rating of Internet content. It is now focused on a project that aims to create a generic rating and filtering system suitable for European users. This is being funded by the European Commission in 1999 under the Commission's Action Plan on promoting safer use of the Internet by combating illegal and harmful content on global networks, decision No 276/1999/EC of the European Parliament and of the Council of 25 January 1999.
172. The IWF is also involved with the Internet Content Rating Alliance (ICRA) project with the mission "to develop an internationally acceptable rating system which provides internet users world wide with the choice to limit access to content they consider harmful, especially to children." See the IWF press release, "Consultations on International Internet Self-Rating System launched," 7 October 1998.
173. See generally EPIC eds, Filters and Freedom - Free Speech Perspectives on Internet Content Controls, Washington DC: Electronic Privacy Information Center, 1999, and Akdeniz, Y., & Strossen, N., "Sexually Oriented Expression," in eds Akdeniz, Y., & Walker, C., & Wall, D., The Internet, Law and Society, Addison Westley Longman, 2000.
174. See generally EPIC eds, Filters and Freedom - Free Speech Perspectives on Internet Content Controls, Washington DC: Electronic Privacy Information Center, 1999, and Akdeniz, Y., & Strossen, N., "Sexually Oriented Expression," in eds Akdeniz, Y., & Walker, C., & Wall, D., The Internet, Law and Society, Addison Westley Longman, 2000.
175. See generally Electronic Privacy Information Center, Filters and Freedom - Free Speech Perspectives on Internet Content Controls, (Washington DC: EPIC), September 1999. Please note that partly as a result of the writings contained in this collection, the headlong rush toward the development and acceptance of filtering and rating systems has slowed.
176. See the Global Internet Liberty Campaign Statement submitted to the Internet Content Summit,Munich, Germany, September 1999.
177. Interactive environments like chat channels cannot be rated as the exchange and transmission of information takes place live and spontaneously.
178. Estimated amount of ftp servers on the Internet is about a million. Some of these online libraries may have offensive content or legal content that may be considered harmful for children.
179. Wired News,"Europe Readies Net Content Ratings," 7 July 1997.
180. William Powell, The Anarchist Cookbook, paperback reissue edition, Barricade Books, (September 1989). In fact, there are many similar books from available through various bookshops and libraries including David Harber, The Anarchist Arsenal : Improvised Incendiary and Explosives Techniques, paperback - (October 1990); Rex Feral, Hit Man: A Technical Manual for Independent Contractors, paperback - (June 1983); and Maxwell Hutchkinson, The Poisoner's Handbook, paperback - (May 1988).
181. William Powell, The Anarchist Cookbook, paperback reissue edition, Barricade Books, (September 1989). In fact, there are many similar books from available through various bookshops and libraries including David Harber, The Anarchist Arsenal : Improvised Incendiary and Explosives Techniques, paperback - (October 1990); Rex Feral, Hit Man: A Technical Manual for Independent Contractors, paperback - (June 1983); and Maxwell Hutchkinson, The Poisoner's Handbook, paperback - (May 1988).
182. William Powell, The Anarchist Cookbook, paperback reissue edition, Barricade Books, (September 1989). In fact, there are many similar books from available through various bookshops and libraries including David Harber, The Anarchist Arsenal : Improvised Incendiary and Explosives Techniques, paperback - (October 1990); Rex Feral, Hit Man: A Technical Manual for Independent Contractors, paperback - (June 1983); and Maxwell Hutchkinson, The Poisoner's Handbook, paperback - (May 1988).
183. William Powell, The Anarchist Cookbook, paperback reissue edition, Barricade Books, (September 1989). In fact, there are many similar books from available through various bookshops and libraries including David Harber, The Anarchist Arsenal : Improvised Incendiary and Explosives Techniques, paperback - (October 1990); Rex Feral, Hit Man: A Technical Manual for Independent Contractors, paperback - (June 1983); and Maxwell Hutchkinson, The Poisoner's Handbook, paperback - (May 1988).
184. See for example Anarchist's CookBook at or but note that these are not the same as the above Powell book and are written by Jolly Roger.
185. See generally Cyber-Rights & Cyber-Liberties (UK) Report, "Who Watches the Watchmen: Internet Content Rating Systems, and Privatised Censorship," November 1997, and Cyber-Rights & Cyber-Liberties (UK) Report:"Who Watches the Watchmen: Part II - Accountability & Effective Self-Regulation in the Information Age," September 1998 at .
186. See generally Cyber-Rights & Cyber-Liberties (UK) Report, "Who Watches the Watchmen: Internet Content Rating Systems, and Privatised Censorship," November 1997, and Cyber-Rights & Cyber-Liberties (UK) Report:"Who Watches the Watchmen: Part II - Accountability & Effective Self-Regulation in the Information Age," September 1998 at .
187. Electronic Privacy Information Center, "Faulty Filters: How Content Filters Block Access to Kid-Friendly Information on the Internet," Washington, December 1997, at .
188. Gay & Lesbian Alliance Against Defamation report, "Access Denied: The Impact of Internet Filtering Software on the Lesbian and Gay Community," New York, December 1997, at .
189. See CPSR letter dated 18 December 1996 sent to Solid Oak, the makers of CyberSitter at .
190. See the Global Internet Liberty Campaign Statement submitted to the Internet Content Summit, Munich, Germany, September 1999.
191. See generally .
192. Reno v ACLU, 117 S. Ct. 2329 (1997).
193. The GILC statement on the COPA is at .
194. American Civil Liberties Union, et al. v. Janet Reno, Civil Action No. 98-5591, United States District Court for the Eastern District of Pennsylvania, 31 F. Supp. 2d 473; 1999 U.S. Dist. Lexis 735; 27 Media L. Rep. 1449; 14 Comm. Reg. (P & F) 1145. See for details.
195. ACLU v. Reno II, No. 99-1324. For the full decision see .
196. Economic and Social Committee of the European Commission, Opinion on the Proposal for a Council Decision adopting a Multiannual Community Action Plan on promoting safe use of the Internet, (OJEC, 98/C 214/08, Brussels-Luxembourg, 10 July 1998) pp. 29-32.
197. Ibid para 4.1.
198. See ibid. See further Walker, C., & Akdeniz,Y.,"The governance of the Internet in Europe with special reference to illegal and harmful content," [1998] Criminal Law Review, December Special Edition, pp 5-19. See further Akdeniz,Y.,"The Regulation of Internet Content in Europe: Governmental Control versus Self-Responsibility," (1999) Swiss Political Science Review 5(2), Summer, pp. 123-131.
199. See ibid. See further Walker, C., & Akdeniz,Y.,"The governance of the Internet in Europe with special reference to illegal and harmful content," [1998] Criminal Law Review, December Special Edition, pp 5-19. See further Akdeniz,Y.,"The Regulation of Internet Content in Europe: Governmental Control versus Self-Responsibility," (1999) Swiss Political Science Review 5(2), Summer, pp. 123-131.
200. See ibid. See further Walker, C., & Akdeniz,Y.,"The governance of the Internet in Europe with special reference to illegal and harmful content," [1998] Criminal Law Review, December Special Edition, pp 5-19. See further Akdeniz,Y.,"The Regulation of Internet Content in Europe: Governmental Control versus Self-Responsibility," (1999) Swiss Political Science Review 5(2), Summer, pp. 123-131.
201. Hunt,A., & Wickham, G., Foucault and Law.Towards a Sociology of Law as Governance, London: Pluto Press, 1994, at p. 78.
202. Rhodes, R.A.W,The Hollowing Out of the State: The Changing Nature of the Public Services in Britain', (1994) Political Quarterly 138-151,p. 151.
203. Akdeniz, Y.,"Governance of Pornography and Child Pornography on the Global Internet: A Multi-Layered Approach," in Edwards, L., and Waelde, C., eds., Law and the Internet:Regulating Cyberspace, Hart Publishing, 1997, pp. 223-241.
204. Hirst, P., & Thompson, G., 'Globalization and the Future of the Nation State,' Economy and Society, (1995) 24 (3), 408 - 442, p. 430.
205. Per Tony Blair, foreward to the Cabinet Office Report, e-commerce@its.best.uk, September 1999.
206. See the Cabinet Office Regulatory Impact Unit's (formerly known as the Better Regulation Unit) Better Regulation Guide, and the Principles of Good Regulation at . Note also the Cyber-Rights & Cyber-Liberties (UK) Response to Better Regulation Task Force Review of E-Commerce, 12 October 2000, at , and the Task Force's report, Regulating Cyberspace: better regulation for E-commerce, 14 December 2000, at .
207. See the Cabinet Office Regulatory Impact Unit's (formerly known as the Better Regulation Unit) Better Regulation Guide, and the Principles of Good Regulation at . Note also the Cyber-Rights & Cyber-Liberties (UK) Response to Better Regulation Task Force Review of E-Commerce, 12 October 2000, at , and the Task Force's report, Regulating Cyberspace: better regulation for E-commerce, 14 December 2000, at .
208. See the Cabinet Office Regulatory Impact Unit's (formerly known as the Better Regulation Unit) Better Regulation Guide, and the Principles of Good Regulation at . Note also the Cyber-Rights & Cyber-Liberties (UK) Response to Better Regulation Task Force Review of E-Commerce, 12 October 2000, at , and the Task Force's report, Regulating Cyberspace: better regulation for E-commerce, 14 December 2000, at .
209. See "Fury as Glitter gets only 4 months," The Sun, 13 November 1999; "No tears if he dies in prison," The Mirror, 13 November 1999; "Voice of the Mirror act to net perverts like Glitter," The Mirror, 13 November 1999.
210. See "Fury as Glitter gets only 4 months," The Sun, 13 November 1999; "No tears if he dies in prison," The Mirror, 13 November 1999; "Voice of the Mirror act to net perverts like Glitter," The Mirror, 13 November 1999.
211. See "Fury as Glitter gets only 4 months," The Sun, 13 November 1999; "No tears if he dies in prison," The Mirror, 13 November 1999; "Voice of the Mirror act to net perverts like Glitter," The Mirror, 13 November 1999.
212. United Nations, Economic and Social Council, Commission on Human Rights, (Fifty-fourth session), Racism, Racial Discrimination, Xenophobia and Related Intolerance:Report of the expert seminar on the role of the Internet in the light of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination, (Geneva, 10-14 November 1997), E/CN.4/1998/77/Add.2,6 January 1998.
213. Note also the European Commission communication paper on Creating a Safer Information Society by Improving the Security of Information Infrastructures and Combating Computer-related Crime, COM(2000)890, Brussels, 26 January, 2001, at .
214. Decision No /98/EC of the European Parliament and of the Council of adopting a Multiannual Community Action Plan on promoting safer use of the Internet by combating illegal and harmful content on global networks, December 1998, at .
215. House of Commons Select Committee on Culture, "The Multi-Media Revolution - Volume I," London: HMSO, 21 May 1998, Media and Sport Fourth Report, HC 520-1, at .
216. Ibid, para 108.
217. See Walker, C., & Akdeniz,Y., "The governance of the Internet in Europe with special reference to illegal and harmful content," [1998] Criminal Law Review, December Special Edition, pp. 5-19.
218. See further Akdeniz,Y.,"The case for free speech," The Guardian, (Online Section), 27 April 2000.
219. Universal Declaration of Human Rights, Article 19 (1) states that "[E]veryone has the right to freedom of opinion and expression .includ[ing] [the] freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." See further the Global Internet Liberty Campaign Member Statement on "Human Rights and the Internet," January 1998, at ; and the GILC report, Regardless Of Frontiers: Protecting The Human Right to Freedom of Expression on the Global Internet, Washington DC: CDT, September 1998, at .
220. Universal Declaration of Human Rights, Article 19 (1) states that "[E]veryone has the right to freedom of opinion and expression .includ[ing] [the] freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." See further the Global Internet Liberty Campaign Member Statement on "Human Rights and the Internet," January 1998, at ; and the GILC report, Regardless Of Frontiers: Protecting The Human Right to Freedom of Expression on the Global Internet, Washington DC: CDT, September 1998, at .
221. See the Global Internet Liberty Campaign Statement submitted to the Internet Content Summit, Munich, Germany, September 1999, at < http://www.gilc.org/speech/ratings/gilc-munich.html>.