Portal de Periódicos da CAPES

The Rise of Third Generation Phones: The Implications for Child Protection

2005; Taylor & Francis; Volume: 14; Issue: 2 Linguagem: Inglês

10.1080/13600830500042616

1469-8404

Alan S. Reid,

Child Development and Digital Technology

Abstract This article discusses the legal implications of the development of Third Generation (3G) mobile phones with respect to the protection of children from illegal and harmful content. 3G phones will herald the arrival of the truly mobile Internet. People will be able to e-mail, play games, communicate, download and transfer data, and purchase entertainment packages on the move. Everything that is possible via the Internet will be possible via a mobile phone. This phenomenal expansion in the capabilities of the mobile phone offers tremendous opportunities for business, commerce, education, entertainment, government services and law enforcement. However, vulnerable sectors of society—in particular, children—may face a range of dangers from this new technology: bullying, pressurising advertisements, illegal images, harmful or inappropriate images, and predatory paedophiles. The risk to children must not be underestimated, but it must also not be exaggerated. Technical and legal responses to such risks must be appropriate, proportionate, effective and inclusive. There is no 'magic bullet' solution; rather an holistic approach must be voluntarily adopted and applied by the mobile phone industry, the Internet industry, law enforcement, government at all levels and the individuals affected such as the children themselves, their parents and their teachers. Notes 'Yuppie' is a chiefly British acronym used to describe a professional person under the age of 40 who prospered during the 1980s. The acronym stands for Young Upwardly (or Urban) Mobile Professional Person (Collins English Dictionary; www.thefreedictionary.com). Metzger, R.S. & Broderick, B.P. (2001) Communications convergence, Computer and Internet Lawyer, 18 (1 October), p. 1: 'Technological convergence has arrived: Voice, video, and data services now can be delivered in an Internet Protocol (IP) format as an integrated bundled digital service over one network to a single receiving device.' www.3gnewsroom.com/html/about_3g/intro_3g.shtml. http://networks.nec.co.jp/englsih/3g/. www.gemplus.com/solutions/telecom/download/3gwhitepaper.pdf; and www.silicon-press.com/briefs/brief.3g/. www.ietf.org/proceedings/02mar/109.thm.. Thus, in the future, public services will be available through a handheld device. An individual may be able to receive government information, services and benefits, and even be able to e-vote or m-vote. Similarly, the mobile phone can be used to buy personalised services and products online. The phones will be able to offer video conferencing and streaming video, including remote healthcare, collection of faxes, delivery of individualised multimedia entertainment, such as interactive games, instant messaging music downloads, images and location-based services enabling the user to find the nearest cinema, hospital, pub, club or restaurant. www.3gnewsroom.com/html/about_3g/intro_3g.shtml.. 'Tweenagers' is a modern, colloquial term chiefly used to describe young girls between the ages of 9 and 12. EU (2004) Proposal for a Decision of the European Parliament and of the Council on Establishing a Multi-annual Community Programme on Promoting Safer Use of the Internet and New Online Technologies (SEC 2004 148 2004/0023 COD 12.3.2004), p. 5 (www.europa.eu.int/information_society/programmes/iap/docs/pdf/si_plus/acte_en.pdf). With the advent of videophones, secret webcams may be set up to enable unauthorised images to be beamed up on the web or straight to someone's mobile (see ,'Furtive phone photography spurs ban', BBC News Online, 4 April 2003: http://news.bbc.co.uk/1/hi/technology/2916353.stm). SEC 2004 148 2004/0023 COD 12.3.2004, p. 2; Home Office Task Force on Child Protection on the Internet, Good Practice Models and Guidance for the Internet Industry on Chat Services, Instant Messaging and Web-based Services, p. 4 (www.homeoffice.gov.uk/docs/ho_model.pdf). See Magid, L. (1998) Child Safety on the Information Highway (www.safekids.com/child_safety.htm); 'Text insults at primary school', BBC News Online, 8 April 2003 (http://newsvote.bbc.co.uk/mpapps/pagetools/print/news.bbc.co.uk/1/hi/education/292566. 'New mobile message craze spreads', BBC News Online, 4 November 2003. See, e.g., 'Race to save new victims of child porn', The Guardian, 4 November 2003; 'Cybercops save boys from foster father's sex abuse', The Times, 20 May 2004. These articles describe a number of cases where children have been imprisoned and abused. In terms of identity theft, perpetrators may either use credit card and other financial details to buy (potentially illegal) goods and services or, in the case of paedophiles, to pretend to be a young person. See, e.g., 'The dirty secret that drives new technology; it's porn', The Observer, 3 March 2002; Report: Pornography's Next Digital Crusade Could Well Be 3G, 24 April 2003 (www.3gnewsroom.com/3g_news/apr_03/news_3326.shtml); 'Phone firms wrestle with porn dilemma', BBC News Online, 29 January 2004; and the comments by Shallit, as discussed in Sutter, G. (2000) Nothing new under the sun: Old fears and new media, International Journal of Law and Information Technology, 8, p. 338 at footnote 51. Home Office Task Force, Good Practice Models and Guidance, p. 6. Williams, N. (2003) Children, Mobile Phones and the Internet (www.iajapan.org/hotline/2003mobilepro-en.html). National Children's Homes (2004) Child Abuse, Child Pornography and the Internet, January (summary of the report: www.nch.org.uk/downloads/children_internet_report_summ.pdf); 'The 3G phone child abuse threat', BBC News Online, 12 January 2004. European Commission (EC), Safer Internet Plus, 2005 – 2008 (Staff Working Paper, Ex ante Evaluation, COM 2004 91 final SEC 2004 148 12.3.2004), p. 4 (www.europa.eu.int/information_society/programmes/iap/docs/pdf/si_plus/exante.pdf). In Japan, it is has been calculated that 43.2% of girls had met someone through a dating site (National Police Agency of Japan Survey, discussed by Kioka, Y. (2003) Dating Sites and the Japanese Experience. Paper presented at the Internet Association of Japan Conference, Tokyo, March 2003: www.iajapan.org/hotline/2003mobile-en.html). www.nhtcu.org. The Home Office is also in the process of producing an e-crime strategy (see www.homeoffice.gov.uk/crime/internetcrime/strategy.html). http://homeoffice.gov.uk/crimpol/crimereduc/internet/background.html, p. 1. The other aims of the Task Force are to help protect children the world over from abuse fuelled by criminal misuse of new technologies and to work together with industry to prevent, detect and investigate crime on the Internet. http://homeoffice.gov.uk/crimpol/crimereduc/internet/background.html, p. 3. Home Office Task Force, Good Practice Models and Guidance, p. 4. Home Office Task Force, Good Practice Models and Guidance, p. 7. Home Office Task Force, Good Practice Models and Guidance, p. 8. Children Charities Coalition for Internet Safety (2003) Response to Consultation on the Draft Code of Practice for the Self-Regulation of New Forms of Content and Experiences on Mobiles (www.nch.org.uk/itok/chis/MobilesConsultation.doc), para. 20; Carr, J. (2001) With the Old, Fixed Internet, One of the Cornerstones was Encouraging Parents to Supervise What Their Children Did (also at: www.nch.org.uk/itok/chis/MobilesConsultation.doc). The Task Force contributed to the promulgation of this legislation as part of its obligation to review legislation to ensure children are protected from online abuse. Note that this Act only extends to England and Wales. Scotland has yet to enact similar legislation. Gillespie, A. (2004) Grooming: Definitions and the law, New Law Journal, 16 April, 154 (7124), pp. 561 – 596 and 586 – 587. In summary cases, the punishment is up to six months' imprisonment and/or a fine of up to the statutory maximum. See, e.g., the case of Gary Geoffrey Thomas, who was made the subject of a five-year restraining order in addition to being jailed for two years and placed on the sex offenders register for 10 years ('Paedophile banned from Internet', BBC News Online, 15 January 2004: www.news.bbc.co.uk/go/pr/fr/-/1/hi/wales/3401161.stm). Section 15(1) of the Act. 'Cybercops save boys from foster father's sex abuse', The Times, 20 May 2004. He was jailed in April 2004 at Wolverhampton Crown Court for three and a half years. 'Police to monitor net chat rooms', BBC News Online, 9 June 2004 (www.news.bbc.co.uk/go/pr/fr/-/1/hi/uk/3789279.stm). 'Net chatbots to catch paedophiles', BBC News Online, 17 March 2004; 'Cybercops save boys from foster father's sex abuse', The Times. Recent examples include Operation Ore and Operation Pin. The idea behind the plan, according to Tink Palmer the policy officer for Barnardo's, is that action can be taken before the offending behaviour becomes ingrained ('Police to monitor net chat rooms', BBC News Online). 'Net paedophile children saved', BBC News Online, 14 April 2004. See the broadcast Caught in the Web (Frontline Scotland, 26 October 2004, BBC One Scotland). In the case of peer-to-peer transfers of child abuse images, the Metropolitan Police have over 800 suspects on file (see 'Race to save new victims of child porn', The Guardian, 4 November 2003). COM 2004 91 final SEC 2004 148 12.3.2004, p. 4; Akdeniz, Y. (2001) Internet content regulation: UK government and the control of Internet content, Computer Law & Security Report, 17(5), pp. 303 – 317, at p. 304. SEC 2004 148 2004/0023 COD 12.3.2004, p. 3. SEC 2004 148 2004/0023 COD 12.3.2004, p. 7. SEC 2004 148 2004/0023 COD 12.3.2004, p. 4. SEC 2004 148 2004/0023 COD 12.3.2004, p. 8. (CDA), 110 Stat. 133. Section 223(a) of the Act. Section 223(d) of the Act. US 844 (1997). US 844, at 874. USC, Section 231. Section 231(a)(1). US Supreme Court No. 03-218, 29 June 2004 (Slip Opinion) 542 US (2004). The judgement is available online at: www.cdt.org/speech/copa/20040629copadecision.pdf. See the opinion of Justice Kennedy (542 US (2004), p. 5), where he quotes ACLU v. Reno, 31 F. Supp. 2d 473, at 497. Indeed, Justice Stevens said (542 US (2004), p. 3) of his concurring opinion: 'COPA's criminal penalties are, moreover, strong medicine for the ill that the statute seeks to remedy.' US (2004), p. 4; SEC 2004 148 2004/0023 COD 12.3.2004, p. 2. Watson, D. (1996) Internet censorship: Cleaning up the global metropolis, Library Association Record, 98(10), as quoted in Sutter, Nothing new under the sun, at footnote 160. An English language version of the provision is available at: www.legifrance.gouv.fr/html/codes_traduits/code_penal_textan.htm. The cāsus classicus is Handyside v. United Kingdom (1976) 1 EHRR 737, where the British authorities were entitled to confiscate The Little Red Schoolbook, a book aimed at schoolchildren that contained a sexually explicit chapter. The Court opined (at p. 759): 'The Contracting States have … had regard, inter alia, to the different views prevailing there about the demands of the protection of morals in a democratic society' (see Stone, ?. (2004) Textbook on Civil Liberties and Human Rights, 5th edn (Oxford, Oxford University Press), p. 303). See, inter alia, Harris, D.J., O'Boyle, M. & Warbrick, C. (1995) Law of the European Convention on Human Rights (London, Butterworths), p. 373; Jacobs, F. & White, R. A. C. (2002) European Convention on Human Rights, 3rd edn (Oxford, Oxford University Press). Or satisfy a pressing social need. E.g., the European Court of Human Rights, in the case of Open Door Counselling and Dublin Well Woman Centre v. Ireland A 246 (1992), signified at para. 74 that a blanket injunction on the provision of information on abortions was 'over broad and disproportionate'. By virtue of Section 12 of the Act. The Act has been amended by Section 84 of the Criminal Justice and Public Order Act 1994 and Section 45 of the Sexual Offences Act 2003. The 1994 Act amended the 1978 Act by introducing the concept of the pseudo-photograph (i.e., an image that has been 'doctored' to appear as if a child is being abused). The 2003 Act expands the scope of the offence from images depicting a child under 16 to a person under 18 (see Stone, Civil Liberties, p. 319). This Section creates the offence of possessing an indecent photograph. The Scottish equivalents to these offences are to be found in the Civic Government (Scotland) Act 1982, Sections 51 and 52. Age verification systems such as Experian and VerifyMe search government and financial record databases to verify that the applicant lives at a certain address, is over 18 and is financially solvent. Frequently, the system will search the electoral roll. Normally acceptance or denial is instantaneous. If a problem with verification arises, the potential customer must send in a copy of his or her identification. In the case of the Gamcare report, only 7 out of 37 sites tested passed the age verification test (Joint report of 27 July 2004 by NCH, GamCare and Citizencard: www.gamcare.org.uk/shownews.php/000095.html). For the position in the United States, see Fox, M. (2003) 'Controlling unlawful Internet gambling through the prohibition of bank instruments', International Company and Commercial Law Review, 14(5), pp. 187 – 193, at p. 190. For a recent study of the United Kingdom situation, see Joint report of 27 July 2004 by NCH, GamCare and Citizencard, no. 68. Debit cards are available to children as young as 11. Fox, 'Controlling unlawful Internet gambling'. The Gambling Bill was introduced in the House of Commons on 18 October 2004 and published on 19 October 2004. The full text of the bill is available on the United Kingdom Parliament website (www.publications.parliament.uk/pa/cm200304/cmbills/163/2004163.pdf). Section 19 and Schedule 3 of the bill. Section 21 of the bill. Section 23 of the bill and in particular Section 23(2)(b). 'Gambling law shake-up is unveiled', BBC News Online, 19 October 2004 (http://news.bbc.co.uk/go/pr/fr/-/1/hi/uk_politics/3754960.htm). Section 43 of the bill provides: 'A person commits an offence if he invites, causes or permits a child or young person to gamble.' Section 42 of the bill defines a child as a person under 16 and a young person as a person over 16, but under 18. See inter alia, 'I spy with your little eye', Leonie Power, IT Law Today, 10(6) (August 2003), p. 23, footnote 3. 'Smart screens sample DNA', BBC News Online (www.bbc.co.uk/1/hi/technology/3194600.stm). Joint report of 27 July 2004 by NCH, GamCare and Citizencard, no. 69, at p. 187. In the United Kingdom, 3 has joined forces with Ladbrokes to provide Ladbrokes' Balls game via the 3 network (www.3g.co.uk/PR/Sept2004/8260.htm). Section 23(3) of the bill. Or in the case of Scotland, the Scottish Ministers. Section 307 of the bill. In the case of broadcasting advertisements, the Office of Communications will be given responsibility for standard setting (see Section 308 of the bill). Foreign remote gambling services are defined as gambling conducted in a non-European Economic Area state (Section 310(2)(b) of the bill). Sections 309 and 310 of the bill. Independent Committee for the Supervision of Standards of Telephone Information Services (www.icstis.org.uk). The Guidelines were issued on 1 January 2004 and are available from www.icstis.org.uk. The Guidelines advise that passwords should not be published in advertisements or promotions. Similar rules apply in the case of SMS services, as per Guideline 20. This Guideline applies to premium-rate SMS messages and provides for joint and several liability of the service provider and the content provider. Paragraph 3.1 of the Code of Practice states that: 'Service Providers are responsible for ensuring that the content and promotion of all their premium-rate services (whether produced by themselves of their information providers) comply with all relevant provisions of this Code.' Promotions for sexual entertainment services can only appear in publications targeted at persons over the age of 18 and in any event promotions of services must comply with general standards of decency, the avoidance of violent or sadistic material or material that causes grave offence or which debases, demeans, degrades or is repulsive. 'The camera phone backlash', BBC News Online, 11 June 2004. 'Pupils face camera ban', BBC News Online, 2 March 2004 (http://news.bbc.co.uk/1/hi/scotland/3524913.stm); 'Life through a thousand lenses', BBC News Online, 15 July 2004. In the United Kingdom, filtering should be widely available for the mobile Internet by the end of 2004. ACCESS is an acronym for Authorized Content Control and Electronic Subject Screening. Details of the system can be found at: www.proquent.com/press/Press_Release_20040217.htm. The Puresight Press Release is available at: www.puresight.com/. In the case of ProQuent Access, Internet requests are routed through SafeControl's database of websites. The database is updated through human reviews of websites, automatic blocking tools and customer-notified lists of blacklisted sites. Additionally, the content is directed at one user of one mobile phone, while in the fixed Internet there may be a large number of users of the personal computer. www.pin.org.uk/filtering. Filtering software is available from the major ISPs and search engines such as Google through its Safe Search site (www.google.co.uk/help/customize.html#safe). Outteridge, N. (2003) Mobile Content Filtering: Taking the Problem out of our Hands? (www.itsecurity.com/papers/surfcontrol1.htm). For example, an Irish company, Telcotec, has developed a system called 'Content Guardian' that blocks and filters unsolicited messages and pornographic messages. The software analyses skin tone and the percentage of flesh displayed. The user can refuse all adult content, receive information regarding the content, and can redirect the image or text to another device (www.3g.co.uk/PR/May2003/5325.htm; www.telcotec.com/products.html; Cradden, J. (2003) Irish firm launches 3G porn blocker, Electric News, 2 May (www.electricnews.net/news.html?code = 9356853)). Children Charities Coalition for Internet Safety, Response to Consultation, paras. 26, 49. E.g., quite revealing swimsuit images may be permitted while pictures of a naked newborn baby being sent to relatives may be blocked. Also, automatic filtering is not 100% effective (Letter to the Editor by Paul Kane, CEO Internet Computer Bureau, New Media Age, 22 January 2004). See the dissenting opinion of Justice Breyer in Ashcroft v. ACLU, at p. 10. Excessive censorship and controls on electronic media not only stifles debate and societal development, but could also lead to the establishment of totalitarianism. As a recent example, British Telecom's Cleanfeed programme will filter child pornography websites. However it will only display a Page Not Found error instead of stating that the site was blocked ('Doubts over web filtering plan', BBC News Online, 11 June 2004: www.news.bbc.co.uk/go/pr/fr/-/1/hi/technology/3797563.stm). Certainly it is not desirable to adopt draconian measures such as those adopted in Shanghai, where Internet café users are filmed by CCTV in order to monitor usage ('Shanghai cameras spy on web users', BBC News, 22 April 2004). Chinese users and foreigners must input their identity number or passport number ('China moves against Internet porn', BBC News Online, 1 August 2004: www.news.bbc.co.uk/go/pr/fr/-/1/hi/world/asis-pacific/3943445; Akdeniz, Internet content regulation, p. 309). US (2004), p. 2. US (2004), p. 2. In the European context, most child pornography sites are non-European. The Internet Watch Foundation estimates that the number of British sites fell from 18% in 1997 to less than 1% in 2003. The European figures show a decrease from 18% to 6% for the same period. US (2004), pp. 2 – 3. See the discussion of these issues in 542 US (2004), p. 4; the announcement by ICANN (www.icann.org/announcements/announcement-15dec03.htm); 'New domain names aid net to grow', BBC News Online (http://news.bbc.co.uk/go/pr/fr/-/1/hi/technology/3560161.stm). The .kids country code domain was created by the Dot Kids Implementation and Efficiency Act of 2002 (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname = 107_cong_bills&docid = f:h3833eh.txt.pdf). Universal Resource Locator. This is the address by which the browser locates the desired web location. E.g., URLs may refer to English counties such as Essex or Sussex and filtering tools will bar access since the URL contains the word sex (see 'Google's chastity belt too tight', CNET News.com: http://news.com/2100-1032_3-5198125.html). Further information is available at: www.parentsonline.gov.uk/safety. Weinberg, J. (1997) Rating the net, 19 Hastings Communications and Entertainment Law Journal, 453, at p.1 (www.copacommission.org/papers/rating.htm); Balkin, J. M., Noveck, B. S. & Roosevelt, K. (1999) Filtering the Internet: A Best Practices Model (www.law.yale.edu/infosociety), p. 12; www.w3.org/PICS. Examples of rating companies include SafeSurf and RSACi from the Recreational Software Advisory Council. www.icra.org/faq/abouticra.. Weinberg, Rating the net, p. 1. Kato, F., Kitawaga, K. & Hagino, T. (2004) Content Labeling for Mobile Internet (http://web.sfc.keio.ac.jp/nkaz/www.2004/slides/ak.pdf). A new metadata system is RDF (Resource Description Framework) (see www.w3.org/TR/rdf-primer/; Balkin et al. Filtering the Internet, p. 16; Mobile Filtering Technology Research and Development Project (www.iajapan.org/rating/press/20040514-press-en.html)). The system centralises the power of censorship (Weinberg, Rating the net, pp. 3 – 4; Walker, C. & Akdeniz, Y. (1998) The governance of the Internet in Europe with special reference to illegal and harmful content, Criminal Law Review, 5 – 19 December, p. 15). QUATRO (Quality Assurance and Content Description: www.europa.eu.int/information_society/programmes/iap/projects). Sherriff, L. (2004) Vodafone defends buggy content filter, The Register, 9 July (www.theregister.co.uk/2004/07/09/voda_filterfix/). This article describes how Vodafone's Content Control misclassified a number of websites as only suitable for over 18s. Sherriff, Vodafone defends buggy content filter, paras. 13, 55. Children Charities Coalition for Internet Safety, Response to Consultation, para. 51. Children Charities Coalition for Internet Safety, Response to Consultation, paras. 9, 30. At the point of purchase, parents should be offered advice about filtering software and routinely asked whether the phone is for a child. Warning pages have been recommended by the EU as far back as 1998 (Council Recommendation on the Development of the Competitiveness of the European Audiovisual and Information Services Industry by Promoting National Frameworks Aimed at Achieving a Comparable and Effective Level of Protection of Minors and Human Dignity of 24 September 1998 (OJ L 270 48 [1998]); full text available at: http://europa.eu.int/eur-lex/pri/en/oj/dat/1998/l_270/l_27019981007en00480055.pdf). SEC 2004 148 2004/0023 COD 12.3.2004, p. 6. Akdeniz, Internet content regulation, p. 303. SEC 2004 148 2004/0023 COD 12.3.2004, p. 30. That is, an inclusive approach which involves all stakeholders (SEC 2004 148 2004/0023 COD 12.3.2004, p. 7). SEC 2004 148 2004/0023 COD 12.3.2004, p. 8. The objectives of the Safer Internet Forum are to: stimulate networking both within and outside the EU; and stimulate consensus and self-regulation on issues such as quality rating, code of conducts and cross-media ratings for mobile phones and online games (SEC 2004 148 2004/0023 COD 12.3.2004, p. 20). Communication on illegal and harmful content on the Internet COM(96) 487. SEC 2004 148 2004/0023 COD 12.3.2004, p. 14, Article 6; European Commission Proposes Stepping up EU Action to Combat Child Porn, Racism and Spam on the Internet, European Press Release, IP/04/333, 12 March 2004; 'EU plans safer net for children', BBC News Online, 12 March 2004 (www.news.bbc.co.uk/go/pr/fr/-/1/hi/technology/3506478.stm). The programme will commit 50 million euros to the fight against illegal content (COM 2004 91 final SEC 2004 148 12.3.2004, p. 11). SEC 2004 148 2004/0023 COD 12.3.2004, p. 7. The second theme emphasises the ability of users to limit the amount of unwanted and harmful content they receive, the development of filtering technology and the promotion of exchanges of information and best practice in anti-spam measures (SEC 2004 148 2004/0023 COD 12.3.2004, p. 17, Annex 1; COM 2004 91 final SEC 2004 148 12.3.2004, p. 10). New programme themes are of continuity and enhancement with the emphasis upon the end-user (SEC 2004 148 2004/0023 COD 12.3.2004, p. 6). SEC 2004 148 2004/0023 COD 12.3.2004, p. 18. SEC 2004 148 2004/0023 COD 12.3.2004, p. 19. There is a need for a holistic, technology neutral approach. SEC 2004 148 2004/0023 COD 12.3.2004, p. 8. SEC 2004 148 2004/0023 COD 12.3.2004, p. 19. The theme supports systematic information about safer Internet use, particularly for personalised, interactive and mobile applications (SEC 2004 148 2004/0023 COD 12.3.2004, p. 9). SEC 2004 148 2004/0023 COD 12.3.2004, p. 20. The European Commission held an exploratory meeting on 24 June 2004 to investigate the need for a pan-European Code of Conduct for ISPs. Section 3(4)(c) of the Communications Act 2003. Section 3(4)(h) of the Communications Act 2003. Sections 3(4)(k), 14, 15 and 16 of the Communications Act 2003. Section 26 of the Communications Act 2003. SEC 2004 148 2004/0023 COD 12.3.2004, p. 8. Orange, O2, T-Mobile, Virgin Mobile, Vodafone and Hutchison 3G. The Code is available to download on all the websites of all six operators ('3G censorship to be introduced' (www.3g.co.uk/PR/Jan2004/6364.htm)). '3G censorship details', 2 February 2004 (www.3g.co.uk/PR/Feb2004/6512.htm). Children Charities Coalition for Internet Safety, Response to Consultation, para. 7. Kato et al., Content Labeling for Mobile Internet. Indeed Paragraph 2 of the Code stresses that the MNOs are unable to control the content available via the open Internet network. It has been suggested that the Code should have subdivided 'content' into two classes: Class A mobile operator content or content with a direct commercial interest for the operator, and Class B relating to third-party content with no direct commercial relationship to the mobile operator (Children Charities Coalition for Internet Safety, Response to Consultation, paras. 36 and 44). www.3g.co.uk/PR/May 2004/7024.htm. Paragraph 1 of the Code; see also '3G censorship details'; 'Mobile censorship for under 18s', BBC News Online, 19 January 2004. Paragraph 1 of the Code. Access controls include the requirement to enter a PIN number, barring of the mobile phone and subscription only services. E.g., in the United Kingdom, the British Board of Film Classification (BBFC) classifies films into seven discrete bands ranging from 'Universal' through to adult cinema. The classifications are: U, Uc, PG, 12, 15, 18 and 18R. The Content Control system. Any attempt to conduct not-allowed services on the Vodafone network will be a breach of contract and result in notification to the appropriate legal authorities. 'IWF involved in code of practice for mobile operators', 29 January 2004 (www.iwf.org.uk). Section 127 of the Communications Act 2003 outlines the offence of improper use of the public electronic communications network. The offence carries with it a maximum term of imprisonment of six months and or a fine up to level 5 on the standard scale. Section 128 creates the offence of persistent misuse of a network or service. See, e.g., '3G wireless spam blocker', 27 November 2003 (www.3g.co.uk/PR/Nov2003/6161.htm), which discusses the software that can disable handsets registered to known spammers and limit the amount of e-mails that can be sent. Also see McIntosh, N. (2004) The last rites for spam? The Guardian (www.guardian.co.uk/online/story/0,3605,1161063,00.html), which discusses Microsoft's patented 'caller ID for e-mail' system to reduce spam. 'Mobile scheme aims to stop spam', BBC News Online, 8 July 2004. '3G censorship details'. Children Charities Coalition for Internet Safety, Response to Consultation, para. 44: 'ISPS should not facilitate access to newsgroups or chat rooms containing child pornography or references to paedophilia.' Lunden, I. (2004) P2P gives mobile operators a growing headache, Total Telecom, 30 January (www.totaltele.com). 'Children's charities welcome new mobile phone code to protect children from pornography and paedophiles', 16 January 2004 (www.nch.org.uk/itok/chis/mobile_code_news_release.doc). The Code explicitly permits the use of a range of organisational and technical solutions by each mobile phone operator when complying with the requirements of the Code. A report by Juniper forecasts that adult content market will be worth US$790 million by 2006 (see www.3g.co.uk/PR/Dec2003/6205.htm). Press release of 28 April 2003 (www.3g.co.uk/PR/April2003/5287.htm). Such is the concern that the Total Telecom Conference—Delivering Mobile Adult Content Responsibly: Protecting Minors by appropriately regulating and controlling access to adult material on Mobile Phones was organised on 29 and 30 January 2004. See, inter alia, the United Kingdom website on CSR (www.societyand business.gov.uk/whatiscsr.shtml); and EC (2002) Communication Concerning Corporate Social Responsibility: A Business Contribution to Sustainable Development (COM (2002) 347 Final), where CSR is defined (at p. 3) as: 'a concept whereby companies integrate social and environmental concerns in this business operations and in their interaction with their stakeholders on a voluntary basis'. EC, Communication Concerning Corporate Social Responsibility, p. 5. E.g., the Eurobarometer Survey on Illegal and Harmful Content on the Internet found that one-quarter of children have received pornographic material. However, only 15% of parents think that their children have seen such images, and 38% of parents expressed concern that their children would not know what to do if they felt uncomfortable on the Internet. In addition, hotline awareness in Europe among parents is low: 38% of respondents did not know who they could go to report harmful and illegal content, while of those who did know, only 5% would call a hotline (Eurobarometer Survey, pp. 29, 33: www.europa.eu.int/information_society/programmes/iap/docs/pdf/reports/eurobarometer_survey.pdf); COM 2004 91 final SEC 2004 148 12.3.2004, p. 4). Section 11 of the Communications Act 2003 (Content Board to assist OFCOM with broadcasting matters and media literacy) and Section 12 of the Communications Act 2003 (Weinstein, S. (2003) The medium is the message: The legal and policy implications of the creation of OFCOM in the age of convergence, Computer and Telecommunications Law Review, 9(6), pp. 161-173, at p. 162). Weinstein (The medium is the message, p. 172) considers OFCOM must rely on electronic communications network providers to be their 'eyes' and 'ears' and further asserts that much content control will be left to ISPs and, by implication, MNOs. Weinstein, The medium is the message, p. 172. Children Charities Coalition for Internet Safety, Response to Consultation, para. 28. Good examples include 'For Kids by Kids Online' (www.fkbko.co.uk), Get netwise (www.getnetwise.org), 'ThinkUKnow' (www.thinkuknow.co.uk) and The Online Children's Education (ONCE) project—a teaching programme enabling children to use the web, e-mail and chat rooms responsibly, created by the University of Central Lancashire. A list of sites on Internet safety is available at: www.innocenceindanger.org. Useful sites include: 'Home Office: Keep Your Child Safe on the Internet' (www.thinkuknow.co.uk/parentsguide.pdf), Department of Education and Skills (www.parentsonline.go.uk/safety), Child Protection Association of Internet Hotline Providers in Europe (Inhope), Childnet International (www.childnet-int.org, www.kidsmart.org.uk, www.chatdanger.com), Cyberangels: USA, New Zealand Internet Safety Group and National Children's Homes Internet safety guidance (www.nch.org/itok). Children Charities Coalition for Internet Safety, Response to Consultation, para. 30.