Annexes to COM(2002)152-1 - Follow-up to the multiannual Community action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks

Please note

This page contains a limited version of this dossier in the EU Monitor.

Annex I of Decision 276/1999/EC of 25 January 1999 (OJ L 33, 6.2.1999, p. 1).

- incite the actors (industry, users) to develop and implement adequate systems of self-regulation;

- pump-prime developments by supporting demonstrations and stimulating the application of appropriate technical solutions;

- alert and inform parents and teachers, in particular through their relevant associations;

- foster cooperation and the exchange of experiences and best practices;

- promote coordination across Europe and between the actors concerned;

- ensure compatibility between the approach taken in Europe and elsewhere.

It has three main action lines:

- Creating a safer environment (Creating a European network of hotlines and Encouraging self-regulation and codes of conduct);

- Developing filtering and rating systems;

- Encouraging awareness actions.

2.1.2. Status and Achievements

Calls for proposals were organised in 1999, 2000 and 2001. As a result, 19 projects are running and 9 additional projects have been selected for funding under the 2001 budget. In addition, two service contracts have been concluded, one for support to the Safer Internet Awareness Exchange and the other for advice to self-regulatory bodies on drawing up codes of conduct.

A further call for proposals for awareness actions has been launched, which will close on 31 January 2002. This will result in a small number of larger awareness projects with wide geographical coverage, a first step towards the network proposed below for the second phase.

It is expected that by the end of the programme some 35 projects bringing together 125 organisations from seventeen EEA countries will have been launched.

2.1.2.1. European network of hotlines

The major contribution of the Safer Internet Action Plan to the fight against illegal content is the European network of hotlines. Hotlines receive complaints from the public about illegal content. After screening the complaint, they then pass it on to the appropriate body - police, Internet Service Providers or a correspondent hotline. The European network currently has members in 11 countries - Austria, Belgium, Denmark, France, Germany, Iceland, Ireland, Netherlands, Spain, Sweden and the United Kingdom. The INHOPE Association [3], to which all the hotlines belong, organises meetings, draws up best practice guidelines and gives encouragement to new members. There are associate members in the United States and Australia.

[3] http://www.inhope.org

Projects highlights:

- Information from the Internet Watch Foundation (IWF) helped launch an investigation that led to one of the UK's largest paedophile raids;

- Operation "Save the Children" uncovered the biggest Internet-based child pornography ring in Sweden to date. The Operation built largely on information from the Swedish hotline;

- The Danish hotline has launched an ambitious awareness campaign about safer chat which will reach every pupil in Denmark between 12 and 17.

2.1.2.2. Support for self-regulation

This is support in the form of advice, rather than financial support. The Commission recently signed a contract with the University of Oxford following an open call for tenders. The self-regulation [4] study will conduct research into self-regulatory efforts in various media in Europe and assist self-regulatory bodies in developing and implementing their codes of conduct. The research will cover the Internet and digital film and video industries, video games, digital television and WAP/GPRS/UMTS technology. It will provide a one-stop clearing house on self-regulatory models to assist agencies and others to achieve their policy and legislative objectives. It will furthermore develop models for self-regulation and codes of self-regulatory approaches across national lines in consultation with industry, user and consumer representatives and official regulatory bodies.

[4] http://www.selfregulation.info

2.1.2.3. Technical means of parental control - rating and filtering

Filtering is controversial - it is often criticised for two reasons. One is that it involves someone (a parent, a teacher, a librarian or an employer) deciding that an end-user (a child, a library user or an employee) cannot access certain type of content and this may have implications for end-users' fundamental rights to freedom of expression, freedom of information, data protection and privacy. At least in the context of children, the majority view is that parents and teachers are entitled to take technical measures to protect children, although plainly the older the child, the fewer the restrictions should be.

The other reason is that the filtering software does not work as well as the user who installs it would wish. There is significant "over-blocking" - where content is blocked which the user would be happy to let the child see and "under-blocking" - where content is not blocked which the user would not wish the child see. A particular problem for many European users is that most software is designed for the American user and does not deal satisfactorily with words in languages other than English.

This is why the Action Plan is funding 13 filtering projects. These cover a wide variety of technical approaches, and more details are available on the website europa.eu.int/iap. To cite three projects as examples:

- ICRA, the Internet Content Rating Association. EU co-funding has helped them draw up a new international content rating system, taking account of the needs of European users;

- medCERTAIN has drawn up guidelines for third-party rating of the reliability of Web sites.

- the NETPROTECT project [5] has carried out a detailed survey [6] of currently available filtering software, particularly of its suitability for non-English speaking users.

[5] http://www.net-protect.org

[6] Review of currently available filtering tools http://www.net-protect.org/en/results3.htm

In addition, a study on Benchmarking filtering software and services is being carried out for DG INFSO by the Joint Research Centre.

2.1.2.4. Awareness actions

The European Commission has funded a total of 9 awareness projects. These cover 16 countries and take a variety of approaches - research through questionnaires, focus groups and school classes, practical awareness-raising through web sites and personal communication including games, raising awareness through the mass media, etc. The projects are aimed at different target groups - some specifically aimed at teachers, others at children, others at the general public in particular parents.

The Commission has also set up a Safer Internet Awareness Exchange in support of this action line. There is a web site and a newsletter, available in English, French and German. There are also online discussion forums and face-to-face meetings, such as the most recent meeting held in Luxembourg on 25 October 2001 [7].

[7] http://www.saferinternet.org/resources/aware_present.asp

A new call for proposals was published on 1 November 2001 [8]. The ambition is to have a smaller number of projects, each covering a significant number of countries along the lines of a trans-national network. This is a first step towards the creation of a strong and cohesive pan-European network. The network will consist of national focal points, which will be responsible for acting as catalysts for national awareness-raising activities, whether carried out by themselves, by other partners from the same country, or by third parties not involved in the consortium.

[8] http://europa.eu.int/information_society/programmes/iap/call/2002/index_en.htm

The European element also involves members of the network actively participating in physical and virtual meetings with the other consortium partners and other relevant programme stakeholders.

Awareness actions are geared towards four main target groups:

- teachers and the education sector in general,

- the general public, especially parents and children,

- government and press/media circles,

- industry, including online content creators, aggregators and distributors.

The European element will also involve a network support function providing high-quality information exchange and dissemination services, editorial and communication services, support for cross-border co-operation between individual nodes and for the network as a whole, along the following lines:

- design and planning of co-ordinated pan-European campaigns;

- common look-and-feel for both presentation and content of awareness and educational material, including linguistic and cultural adaptation of relevant information and awareness resources;

- single access point (web portal) for all the information and awareness material produced under the project, including suitable locator and referral services;

- relationships with international market players and consumer associations, regulators and other relevant trans-European groups and networks;

- focused analyses of ongoing and upcoming regulatory and technology developments affecting the activities of the network.

Awareness projects highlights:

- In the SUI project, 60 000 copies of a comprehensive brochure on safer Internet and the Action Plan projects were distributed to teachers all over the European Union and the candidate countries;

- INFONET has produced a bilingual Web site in Spanish and Italian with cartoon characters;

- EDUCAUNET are doing trials in France and Belgium with a large selection of specially-created games used to put across the safer use message to children and young people of varying ages;

- DotSAFE and CISA have produced surveys of Internet use by children and the degree of knowledge and control by parents and teachers in Austria, Greece, Ireland and UK.

2.1.3. Continuing public concern

There is continuing public concern about illegal and harmful content on the Internet, but also increasing activity at national level.

Types of illegal content or conduct include not only distribution of child pornography and racist material, but also use of computer networks and technologies to facilitate other offences such as fraud and attacking the security of networks such as malicious hacking. Use of the Internet by paedophiles to contact children for online or offline sexual activity is a cause for increasing concern.

Harmful content may either be content which is defined as such by law and so made subject to measures intended to restrict access by minors, or quite simply content which individual parents do not wish their child to see.

Most people would agree that children should not be exposed to media content which is harmful to them. Such widespread agreement still leaves considerable room for discussion about what content is actually harmful for children of a particular age, who should decide on the general rules which content providers should observe and who should decide on the application of those rules.

Children come in a variety of age groups, and in a given age group there will be children who may react differently to depictions of sexual activity or violence. Different parents will take different approaches. It is also an area where national approaches seem to vary considerably.

Apart from protection of minors, safer use of Internet and online technologies raises issues related to data protection/privacy, network and data security and consumer protection. Actions also exist to deal with these issues at international, Community, and national level [9]. The measures supported by the Action Plan should be take these issues and actions into account.

[9] see Annex

2.2. Forecast of future needs

By far the greatest use of Internet and new online technologies is for constructive informational or recreational purposes. This use will increase and diversify. However the use of the same technologies to spread illegal and harmful content will also increase and diversify at the same time.

Considerable progress has been made in various methods of dealing with illegal and harmful content, but there remains a need for enhanced co-ordination and support for exchanging information and spreading best practice. The Recommendation on protection of minors and human dignity proposes guidelines for a self-regulation framework. The Action Plan deals with practical measures where Community financial support is appropriate and effective, not requiring a change in the law.

Other Commission initiatives have been taken [10], particularly in the fight against computer crime and child pornography, in defining the legal position of intermediaries, and in proposing measures to improve network and information security.

[10] see Annex

Action is still needed in the following areas:

(1) Allowing users to report illegal content, so that it is removed from circulation and offenders brought to justice;

(2) Promoting self-regulation, to provide flexible and fair rules for the market players;

(3) Empowering users with the filtering technology needed to avoid harmful content;

(4) Increasing awareness about safer use of the Internet, including issues related to data protection/privacy, network and data security and consumer protection.

All of the actions are inter-dependent and all would be incomplete if carried out in isolation.

3. ADDED VALUE OF COMMUNITY INVOLVEMENT

3.1. What is the rationale for Community intervention-

The underlying rationale of the Action Plan, user empowerment, is still valid. This is an area of activity in the social arena which complements and reinforces Community activities in support of economic integration and technological progress.

Participants in the workshop held in June 2001 and those consulted for the intermediate programme evaluation gave clear support for continued Community activity. The Commission should act as a facilitator for and contributor to European and global co-operation. There should be a large degree of decentralisation using networks of national players.

The Commission is well-placed to achieve the objectives detailed below and reach a truly European "critical mass". The current and proposed EU intervention is complementary to and coherent with other interventions and produces a synergy effect with them. In particular, the Council has clearly stated in a series of conclusions [11] that the national initiatives and the EU actions are complementary and has encouraged the Commission to continue with its current activities.

[11] Council Conclusions, 2361st Council meeting, Luxembourg, 21 June 2001:

3.1.1. Interface to the Member States

A number of national initiatives are under way. Working at the national level, and indeed regional and local level, is the best way of dealing with local culture and language and of understanding the specific needs of users and the best ways of harnessing existing structures. However, there is also an obvious danger of "reinventing the wheel" unless lessons learnt are shared with others active in the area in other Member States. This is especially true in a global medium where the technology knows no frontiers.

As more Member States take steps in this area, the EU can capitalise on past efforts, help review and co-ordinate approaches, and exchange experiences.

3.1.2. Interface to candidate countries

It is desirable that candidate countries also have access to the experience acquired in the EU through Community and national programmes and projects. Although one-to-one partnerships between a Member State and a candidate country are conceivable, a Community-funded programme would be more effective by drawing on EU best practice.

3.1.3. Interface to third countries and international organisations

A global response is needed to global challenges, and Europe's voice needs to be heard when there are discussions about what is the right approach and solution.

This is demonstrated by ground-breaking events such as the Bonn Ministerial Conference on Global Information Networks: Realising the Potential, organised in 1997 by the German government and the Commission, and the International conference on combating child pornography on the Internet, co-organised in 1999 by the Austrian government, the US government and the Commission.

It is also demonstrated by the success of the International Internet Content Summit, also organised in 1999 by the Bertelsmann Foundation and the Action Plan's funded INCORE project and by the fact that the INHOPE Association of hotlines has attracted active participation from the US and Australia. The Commission and participants in Action Plan projects played a active role in the Safe Surfing 2001 conference in Singapore. The second phase will build further on this.

4. LESSONS LEARNT AND CONCLUSIONS FOR THE FUTURE

4.1. Findings of the intermediate evaluation

Under article 6(4) of the Decision, at the end of two years and at the end of the action plan, the Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions, once the committee referred to in Article 5 has examined it, an evaluation report on the results obtained in implementing the action lines set out in Annex I. Reference shall also be made to general findings applicable to all categories of illegal content. The Commission may present, on the basis of those results, proposals for adjusting the orientation of the action plan.

The intermediate evaluation was carried out by a company contracted on the basis of an open call for tenders issued by DG Information Society in the summer of 2000. The evaluation was carried out during the period November 2000 to April 2001. A Communication with the Commission's responses to the points raised in the evaluation was adopted on 23 November 2001 (COM (2001) 690).

The evaluation report contains fifteen recommendations. The most relevant to the issue of a possible extension of the programme are reproduced here:

1) The broad division into three main action lines in the current Action Plan (Hotlines and Self-Regulation, Awareness, and Rating and Filtering) should be retained in any future action.

2) The action lines should be extended to cope with the impact of new technology.

3) The Action Plan should ensure a balanced scope in terms of content categories handled.

12) The Action Plan should consider putting into place formal arrangements to track legal and regulatory developments.

13) The Action Plan should consider putting into place formal arrangements to monitor and evaluate technological and market developments.

15) The Action Plan should consider more links to activities and organisations outside the EU.

5. LOOKING FORWARD

5.1. New interactive technologies

A workshop was held in Luxembourg on 11 and 12 June 2001. It aimed to look at the impact of new interactive technologies on safer use of Internet in a timeframe of the next 5 years. It covered the themes: new technologies, new users/usage patterns, new media and awareness, and new forms of legislation. Participants were carefully selected from a wide geographical background to ensure a high level of expertise in relevant areas.

Among the main conclusions:

- New technologies, new users and new usage patterns do create new dangers and exacerbate existing dangers at the same time as opening a wealth of new opportunities.

- There is a clear need for co-ordination within the safer Internet field, both on the national and the European level.

- The Commission should act as a facilitator for and contributor to European and global co-operation. Co-operation between the EU and candidate countries must be enhanced.

- There should be a large degree of decentralisation using a network of national co-ordinators. The involvement of all the relevant actors, especially a greater number of online content providers, should be encouraged.

- Both regulatory and self-regulatory / non-regulatory approaches are needed, taking into account the different treatment required for illegal content on one hand and harmful content on the other and these approaches need to respect the fundamental rights of freedom of expression, freedom of information, data protection and privacy.

- There is a need for a follow-up to the Safer Internet Action Plan. The focus in the possible new programme should be kept on self-regulatory and non-regulatory aspects of safe use of Internet.

- The main part of the new programme should be awareness. Additional work on raising awareness of safer Internet use is still needed, particularly for personalised, interactive and mobile applications. The follow-up awareness actions should be linked with other EU actions on media education and net literacy.

- There needs to be a greater focus on solutions that address non-web based content delivery formats. Video and computer games should be included.

- Content rating needs to take account of convergence by seeking a common basis for rating similar content whatever the delivery mechanism. Parents need a system that is easy to understand.

As a first step towards implementing these recommendations, the call for proposals which has been published on 1 November 2001 states that awareness actions should not be limited to web content which may prove inappropriate for children, but they should also address several categories of harmful content (including e.g. racism and xenophobia) and new forms of interactive information and communication brought about by the rapid deployment of the Internet (e.g. mobile and peer-to-peer services, broadband video, instant messaging, chat-rooms, etc.).

6. THE SECOND PHASE

6.1. A two year extension

An extension of the current action plan for two years is suggested, with significant changes in emphasis, in accordance with the findings of both the intermediate evaluation and the workshop mentioned above.

The main reasons which make a two-year extension of the existing Action Plan desirable and indeed necessary are as follows:

- enhanced networking is needed of the various national initiatives in the field, and co-ordination with other Community initiatives such as in the field of network and information security and consumer protection;

- there is a need to deal with the impact of new Internet technologies and Internet-enabled platforms and services, and a wider range of online content as well as contact, as was clearly indicated at the expert workshop;

- discussions have started with candidate countries with a view to their progressive integration in the Action Plan. Making specific provision for them within the follow-on activities could greatly ease and speed up this process;

- the extension would allow the lessons learnt since the beginning of the programme to be put into practice by adapting measures and instruments.

Further reasons are:

- more work is needed in Member States lacking appropriate experience and infrastructure to bring them up to the same level of awareness of safer use of the Internet as other countries which have a higher level of Internet use at home and in schools;

- the involvement of core groups is uneven: while government-backed bodies, universities and family/child-welfare groups are actively involved in Action Plan activities, industrial and commercial players are under-represented, particularly in the important field of awareness: the proposed two-year extension would enable them to take a more pro-active stance;

- an extension would give more time for the Action Plan to achieving wider visibility and more lasting results, and provide programme participants with a sound path to self-sustainability.

An additional advantage of a two-year extension is that this will allow time for an overall assessment to be made of the need for a wider initiative related to content in Internet and new online media, as part of an overall European strategy as a follow-up to eEurope. Part of such an initiative could include support for creation of high-quality European content designed specifically for children. The desirability of longer-term funding of related activities such as content-labelling and new-media education to deal with convergence of technologies and broader issues of online safety such as consumer protection and network security, would be assessed at the same time.

The final programme evaluation of the Safer Internet Action Plan being planned for the end of 2002 will form part of this assessment, while allowing thorough review of the outcome and impact of the individual projects established within the Action Plan. There will be continuing discussion and dialogue with stakeholders and representative of the various interest groups.

6.2. Differences between first and second phases

Necessary adjustments will be made to take account of experience gained and of new technology. In particular:

i.

// Enhanced networking will be encouraged through a Safer Internet Forum among all those active in the field in Member States and between project participants in the various action lines, particularly in the fields of hotlines, awareness-raising, content rating and self-regulation;

ii. // More active involvement of the content industry and media will be encouraged, and collaboration with government-backed bodies active in the area will be expanded;

iii. // Steps will be taken to associate candidate countries in ongoing activities and to share experience and know-how, and to increase links and encourage collaboration with similar activities in third countries and with international organisations, through a Round Table linked to the Safer Internet Forum;


iv. // The coverage of safer use will be extended to new online technologies, including mobile and broadband content, online games, peer-to-peer file transfer, and all forms of real-time communications such as chat rooms and instant messages;

v. // Action will likewise be taken to ensure that a broader range of areas of illegal and harmful content and conduct of concern are covered, including racism and violence and to promote awareness of issues related to data protection/privacy, network and data security and consumer protection.

6.3. Comparison Of Initial Phase And Second Phase

1. Programme Overview

>TABLE POSITION>


2. Action lines

>TABLE POSITION>


7. IMPLEMENTATION OF ACTIONS UNDER SECOND PHASE

a) Allow users to report illegal content

Improve yet further the operational effectiveness of the existing network, work closely with safer Internet awareness actions, adapt best practice guidelines to new technology, complete the network's coverage in the Member States, provide practical assistance to candidate countries wishing to set up hotlines and expand links with hotlines outside Europe.

b) Promote self-regulation

Ensure co-operation at Community level through networking of the appropriate structures within Member States and through systematic review and reporting of relevant legal and regulatory issues, provide systematic information on relevant developments in such technology and the way it is used, provide assistance to candidate countries wishing to set up self-regulatory bodies and expand links with self-regulatory bodies outside Europe.

c) Empower users to avoid harmful content

Focus on benchmarking of filtering software and services (performance, usability, suitability for European markets and new forms of digital content). Assistance for developing filtering technology will be carried forward under the Community research programme in close liaison with activities relating to filtering under the Action Plan.

d) Encourage user-friendly content rating

Bring together the industries and parties concerned such as content providers, regulatory and self-regulatory bodies, software and Internet rating organisations and consumer associations, in order to foster conditions propitious for developing and implementing rating systems which are easy for content-providers and for consumers to understand and use, which provide European parents and educators with the necessary information to make decisions in accordance with their cultural and linguistic values, and which take account of the convergence of telecommunications, audiovisual media and information technology.

e) Increase awareness about safer use

Give support to exchange of best practice on new-media education through setting up a cohesive European network for raising awareness of safer use of the Internet and new online technologies, supported by a comprehensive trans-national repository (web portal) of information and awareness resources, and by applied sociological research involving all interested parties (education, official and voluntary children's welfare bodies, parents associations, industry, law-enforcement) into children's use of new technologies to identify educational and technological means for protecting them from harm. The network will also provide assistance to candidate countries wishing to set up awareness actions and expand links with awareness activities outside Europe.

7.1. Methods of implementation

The approach taken will be enhanced networking of, and information sharing among, those active in the field, while building on and strengthening the existing achievements under the Action Plan. Actions will take account of the global nature of the Internet by reaching out to candidate countries and to major players in third countries. Two different types of instruments will be used: co-operation and financial support to projects.

7.1.1. Co-operation

The open method of co-operation will be used to set out common guidelines and objectives and lay down monitoring procedures, and where appropriate, benchmarks based on agreed indicators. A Safer Internet EU Forum will be set up. Suitable national focal points will be identified in each Member State, after appropriate consultations with the relevant authorities. The national focal points will act as the Commission's interlocutor for issues related to safer use of new online technologies. National focal points will ensure that the Commission and other Member States are kept aware of national policy initiatives and examples of best practice.

The Forum will also ensure that key associations, industries and public bodies are aware of, are consulted on and contribute to safer use initiatives within the EU and internationally.

International co-operation will be enhanced by a Round Table linked to the Forum in order to ensure exchange of information on best practice.

7.1.2. Projects

The choice of financial instruments will be a mixture of cost-shared projects, where a broad skills mix and range of partners are required, and 100% funded projects, usually service contracts for defined tasks involving specialist skills and logistical support, particularly to cover the additional costs of cross-border co-operation and networking. The usual procedures will apply for selecting and managing these projects (calls for proposals, calls for tenders).


8. RESOURCES NEEDED FOR SECOND PHASE (2003 - 2004)

>TABLE POSITION>

Further details are contained in the financial statement.


ANNEX

1. related eu programmes

STOP II // An incentive and exchange programme for persons responsible for combating trade in Human Beings and the sexual exploitation of children. In 2000 the STOP programme co-funded an International conference on fighting child pornography on the Internet that following up the conference «Combating Child Pornography on the Internet» held in Vienna in 1999. This conference focussed on forensic international operative aspects of the phenomenon. The programme also funded the COPINE-project and a follow-on which analysed the behaviour of offenders collecting child pornography and the setting-up of an operational database of child pornography using automatic indexing and search systems.

DAPHNE // The Daphne Programme for the years 2000-2003 is a European Community preventive action programme to fight violence against children, young people and women. Violence is understood in the widest possible sense, from sexual abuse to domestic violence, from commercial exploitation to bullying in schools, from trafficking to discrimination-based violence against handicapped, minority, migrant or other vulnerable people. DAPHNE is funding a project on identifying victims of child pornography.

EContent // The eContent programme, as part of the eEurope Action Plan, contributes to its third objective: "stimulate the use of internet" The eContent programme is aimed at supporting the production, dissemination and use of European digital content and to promote linguistic diversity on the global networks. The eContent programme is based on three main strands of action where EU added value can be maximised: Improving access to and expanding use of public sector information, Enhancing content production in a multilingual and multicultural environment, Increasing dynamism of the digital content market.

Information Society Technologies Programme (IST) // Information access, filtering, analysis and handling (IAF): The overall objective of IAF is to develop advanced tools and techniques for the management of multimedia content to empower the user. IAF further focuses on audiovisual content which today is streamed over the Web, CD or DVD, but which will also be available in the next years over enhanced TV, multimedia home platforms and wireless multimedia networks.

ELearning // The Commission has adopted the "eLearning" initiative to adapt the EU's education and training systems to the knowledge economy and digital culture. This initiative has four components: to equip schools with multimedia computers, to train European teachers in digital technologies, to develop European educational services and software and to speed up the networking of schools and teachers. Schools are one area in which awareness of illegal and harmful content and means of dealing with it are important. The network set up in the context of "Learning in the Information Society" will provide a channel for disseminating the content created for the Action Plan on promoting safer use of the Internet. Internet safety issues were discussed as part of the 2001 eSchola event organised by the European School Net.


2. related eu policy initiatives

Recommendation on Protection of Minors and Human Dignity // The Recommendation offers guidelines for the development of national self-regulation regarding the protection of minors and human dignity. Self-regulation is based on three key elements: first, the involvement of all the interested parties (government, industry, service and access providers, user associations) in the definition of codes of conduct; secondly, the implementation of codes of conduct by the industry; thirdly, the evaluation of measures taken.

Communication on Computer Crime // The Commission has adopted a Communication - Creating a Safer Information Society by Improving the Security of Information Infrastructures and Combating Computer-related Crime COM(2000) 890 - which discusses the need for and possible forms of a comprehensive policy initiative in the context of the broader Information Society and Freedom, Security and Justice objectives for improving the security of information infrastructures and combating cyber-crime, in accordance with the commitment of the European Union to respect fundamental human rights. This announced a number of legislative and non-legislative initiatives..

Framework Decision on child pornography // Following the Decision on child pornography on the Internet, a measure under the EU "third pillar" (co-operation in justice and home affairs) which invites Member States to take a number of steps to increase the effectiveness of law-enforcement against child pornography on the Internet and to encourage collaboration between law-enforcement authorities of the Member States, the Commission has proposed a framework decision which defines constituent elements of criminal law, common to all Member States, including effective, proportionate and dissuasive sanctions.

Communication on Network and Information Security // This proposes a European policy approach aimed at improving network and information security. It is based on an analysis of the need to supplement market solutions with policy actions. It lists a series of concrete policy measures, as was requested by the Stockholm European Council. The proposed policy should be seen as an integral element of the existing framework for electronic communication services and data protection and - more recently - cyber-crime policy.

Transparency Directive // Directive 98/48 provides for notification by Member States of new measures relating to information society services and a mechanism for dealing with possible objections by the Commission or other Member States.

Electronic Commerce Directive // Directive 2000/31/EC covers a number of legal issues of electronic commerce including commercial communications, electronic contracts, transparency requirements, liability of Internet intermediaries, and encourages adoption of codes of conduct.

Data protection / privacy // Directive 95/46 EC concerning the protection of individuals with regard to the processing of their personal data and the free movement of such data lays down rules on collection of personal data, information of the individual, rights of access and redress which apply to Internet users' data and the protection of their right to privacy when surfing on the Internet. Directive 95/46/EC requires appropriate technical and organisational measures be taken to secure data processed. This is in particular relevant to ensure and promote safer Internet. Directive 97/66/EC concerning the processing of personal data and the protection of privacy in the telecommunications sector also requires specific security measures. It guarantees the confidentiality of communications including e-mails and provides rules for directories and the use of e-mail for marketing. The Commission has proposed a Directive of the European Parliament and of the Council concerning the processing of personal data and the protection of privacy in the electronic communications sector, updating and replacing Directive 97/66/EC.

e-Confidence initiative // The need for a clear mechanism to help consumer confidence in electronic commerce was addressed by Commissioner Byrne in May 2000 by the launching of the e-Confidence initiative. The aim of this initiative is, by co-regulation, to establish standards for trustmark schemes across Europe that enable consumers to identify more easily which web sites they can trust


3. other related policy initiatives

COUNCIL OF EUROPE

Convention for the Protection of Human Rights and Fundamental Freedoms // Art 10 of the Convention provides that everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. Article 8 provides that everyone has the right to respect for his private and family life, his home and his correspondence. Certain exceptions prescribed by or in accordance with the law and necessary in a democratic society are laid down.

Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data // Convention no 108. see also Recommendation No. R (99) 5 of the Committee of Ministers to member states for the protection of privacy on the Internet, with Appendix: Guidelines for the protection of individuals with regard to the collection and processing of personal data on information highways which may be incorporated in or annexed to codes of conduct.

Convention on cyber-crime // The Convention aims to facilitate the detection, investigation and prosecution of cyber-crime at both the domestic and international level, and to provide arrangements for fast and reliable international co-operation, It is open for signature by countries which are not members of the Council of Europe. The European Commission took an active part, as are the US, Canada and Japan. The Convention covers both substantive law (offences against the confidentiality, integrity and availability of computer data and systems and computer-related offences, and also child pornography) and procedural law (preservation, search and seizure and real-time collection of computer data and international co-operation including extradition and mutual assistance and a point of contact available on a 24 hour, 7 day per week basis).

G8

"Lyon Group" // 10-point Action Plan, Washington Dec 1997. Institutes 24-hour contact point.

UNESCO

Child pornography and paedophilia on the Internet // Innocence in Danger network set up following UNESCO conference in Paris on 18-19 January 1999 on child pornography and paedophilia, at which the Commission was represented, and an Action Plan was proposed for follow-up by members of UNESCO.