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TSR : Web boards : Other Topics : "Bill C-22-mandatory reporting of child pornograpy"

Bill C-22-mandatory reporting of child pornograpy (1)

This post is on the Other Topics web board.

Wed 1 Feb 12, 10:51 PM
pet_ka_MJ
CA, 2 yrs

This falls in the category of heads up...

The Canadian Government has introduced legislation regarding the mandatory reporting of Internet child pornography by persons who provide an Internet Service.

To learn more about this legislation go HERE

Key points of the proposed legislation are as follows:

2.1 Duty to Report the Internet Address (Clause 2)

Any person may inform an ISP or other person providing Internet services that a website, a host page (e.g., a Facebook page) or an email appears to contain child pornography. The ISP or other person providing Internet services must then report the address of the site, page or email in question as soon as possible to an organization designated by the federal government. For example, under Manitoba law, the designated organization is the national reporting agency, Cybertip.ca.

2.2 Duty to Notify a Police Officer (Clause 3)

After being notified by a member of the public or an agency that child pornography may appear through Internet services that it provides, the ISP or other person providing the Internet services may have reasonable grounds to believe29that child pornography is being transmitted through its services. It may also reach this conclusion on its own. When this is the case, the ISP or person providing the Internet services must notify the police as soon as possible.

The bill does not indicate exactly what kind of information the ISP or other person providing Internet services must report to the police. Presumably, it would be “computer data” as broadly defined in subclause 1(1) of the bill: “representations, including signs, signals or symbols that are in a form suitable for processing in a computer system.” US law, for example, provides that the ISP or other person providing telecommunications services must provide to the police the content being transmitted (e.g., child pornography files) and information about the individual or Internet site that appears to be the source of the child pornography (IP address, URL, email address, postal address, date and time of transmissions and geographic location of the computers and servers in question).30

2.3 Preservation of Computer Data (Clause 4)

The ISP or other person providing Internet services that notified the police must keep the computer data relating to the child pornography offence for 21 days. After that, this computer data (except the data they normally keep for their business activities) must be destroyed, unless the police have obtained a court order to keep the data.31

2.4 No Disclosure (Clause 5)

Reports and notifications made under this bill must remain confidential. For example, an ISP must not inform a person that the police have been notified about that person.

2.5 No Authority to Seek Out Child Pornography, and Immunity (Clauses 6 and 7)

Viewing child pornography online is a criminal offence.32 Bill C-22 does not authorize – much less require – anyone to seek out child pornography (clause 6). At the same time, if a person complying in good faith with the provisions of Bill C-22 notifies the authorities where child pornography may be available, that person may not be subject to civil proceedings (clause 7). For example, civil proceedings cannot be brought against an ISP that has notified the police that an Internet site on the network operated by that ISP appears to contain child pornography.

"We must be willing to get rid of the life we've planned, so as to have the life that is waiting for us. The old skin must be shed before a new one can come." ~ Joseph Campbell

3 Feb 12, 4:23 AM
333-528-841
CA, 3 yrs

Interesting. I believe that morally, any child pornography should be reported without legislation. I guess with the internet, it is more prevelant making legislation needed, so that more of those guilty of this crime can be identified and prosecuted.

It is becoming much easier for these predators to access material. Recently, there have been more and more cases coming to light. Just yesterday 60 males were arrested for child pornography across Ontario, with 22 victims, all from Ontario, rescued. One of those arrested was a child care worker. In Dec. a foster care supervisor in Alberta was arrested for this same thing.

Governments will have to find ways to get ahead of this where and how they can. With technology getting more sophisticated all the time, it certainly will not go away and the authorities and victims need all the help they can get.

Thanks for posting this pet.

Disclaimer: My thoughts and writing style may differ from yours. I take no responsibility for your perception. Read at your own risk.
333-528-841 Life shouldn't be measured by the breaths you take; but by the moments that take your breath away - unknown

 

 
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