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Blocking and Removing Illegal Child Sexual Content: Analysis from a Technical and Legal Perspective
Author(s) -
Demeyer Karel,
Lievens Eva,
Dumortier Jos
Publication year - 2012
Publication title -
policy and internet
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.281
H-Index - 26
ISSN - 1944-2866
DOI - 10.1002/poi3.8
Subject(s) - clarity , child pornography , directive , parliament , member states , member state , political science , european union , perspective (graphical) , pornography , law , child sexual abuse , safeguarding , order (exchange) , internet privacy , the internet , law and economics , sociology , sexual abuse , business , computer science , politics , poison control , international trade , human factors and ergonomics , world wide web , medicine , artificial intelligence , chemistry , environmental health , biochemistry , programming language , nursing , finance
In 2011, the Directive of the European Parliament and of the Council on Combating the Sexual Abuse, Sexual Exploitation of Children and Child Pornography was adopted, repealing and updating the 2004 Framework Decision on this topic. The much debated Article 25 of this proposal requires Member States to ensure the prompt removal of child pornography websites hosted in their territory and to endeavor to obtain the removal of such websites hosted outside their territory. It also leaves the option for Member States, subject to several safeguards, to block access to such websites to users within their territory. Both these policy choices are highly controversial and much debated, both at the level of the European Union and within Member States. This article analyzes both mechanisms, describing them from a technical as well as a legal point of view, in order to provide more clarity as to the advantages and drawbacks of these policy options.