reported. These ‘‘hotlines’’ had recently formed an association known as INHOPE in
order to increase sustained cooperation based on the development of ‘‘common good
practices’’ to facilitate the ‘‘exchange of reports internationally.’’ 21 The heavy focus on
technology and the inclusion of diverse actors signaled the emergence of a conception
of cooperation as a sustained practice.
While the Vienna Commitment was explicitly recognized by the UN’s Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography, which was introduced in 2000, its emphasis on
sustained cooperation as a response to the challenges of new technologies was not.
While noting challenges posed by the Internet in the preamble, the actual text of the
document does not explicitly mention new technologies, nor does it provide for mechanisms of sustained cooperation. Instead, the Optional Protocol focuses primarily on
domestic implementation by highlighting issues of legislating criminal offenses into
national law. The Optional Protocol, which has been the basis of action against child
pornography since 2000, constitutes cooperation as a form of domestic implementation and does not reflect the diversity of discourse on the issue of child pornography. 22
Recognizing the challenges posed by new communications technologies, nonstate
actors devoted considerable efforts toward broadening the conception of cooperation
to include practices that leveraged the continual and coordinated efforts of multiple
actors. However, these efforts are not reflected in official declarations and conventions. The official discourse thus heavily favors solutions that can be domestically
implemented.
The Emergence of Filtering
Filtering technology emerged in 1995, and by 1999 authoritarian states had already
implemented such technology to block access to political content at the national
level. 23 Inspired by these developments, studies concerning the role of the state in regulating access to Internet content at the national level through technical means began
to emerge in democratic states. However, these studies concluded that filtering technologies deployed at the national level would be ineffective and would have the unintended consequence of harming freedom of expression online. 24
At the international level, deliberation on the role that technology could play in
combating Internet child pornography was also taking place. The Second World Congress against Commercial Sexual Exploitation of Children held in 2001 resulted in the
Yokohama Global Commitment, which encouraged states to ‘‘take adequate measures
to address negative aspects of new technologies, in particular child pornography on
the Internet.’’ 25 However, the specific measures to be taken are not specified. While
articles emphasizing cooperation reflect the need to include diverse actors, their role is
confined to one of supporting state actors in increasing the effectiveness of domestic
60
Nart Villeneuve
order to increase sustained cooperation based on the development of ‘‘common good
practices’’ to facilitate the ‘‘exchange of reports internationally.’’ 21 The heavy focus on
technology and the inclusion of diverse actors signaled the emergence of a conception
of cooperation as a sustained practice.
While the Vienna Commitment was explicitly recognized by the UN’s Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography, which was introduced in 2000, its emphasis on
sustained cooperation as a response to the challenges of new technologies was not.
While noting challenges posed by the Internet in the preamble, the actual text of the
document does not explicitly mention new technologies, nor does it provide for mechanisms of sustained cooperation. Instead, the Optional Protocol focuses primarily on
domestic implementation by highlighting issues of legislating criminal offenses into
national law. The Optional Protocol, which has been the basis of action against child
pornography since 2000, constitutes cooperation as a form of domestic implementation and does not reflect the diversity of discourse on the issue of child pornography. 22
Recognizing the challenges posed by new communications technologies, nonstate
actors devoted considerable efforts toward broadening the conception of cooperation
to include practices that leveraged the continual and coordinated efforts of multiple
actors. However, these efforts are not reflected in official declarations and conventions. The official discourse thus heavily favors solutions that can be domestically
implemented.
The Emergence of Filtering
Filtering technology emerged in 1995, and by 1999 authoritarian states had already
implemented such technology to block access to political content at the national
level. 23 Inspired by these developments, studies concerning the role of the state in regulating access to Internet content at the national level through technical means began
to emerge in democratic states. However, these studies concluded that filtering technologies deployed at the national level would be ineffective and would have the unintended consequence of harming freedom of expression online. 24
At the international level, deliberation on the role that technology could play in
combating Internet child pornography was also taking place. The Second World Congress against Commercial Sexual Exploitation of Children held in 2001 resulted in the
Yokohama Global Commitment, which encouraged states to ‘‘take adequate measures
to address negative aspects of new technologies, in particular child pornography on
the Internet.’’ 25 However, the specific measures to be taken are not specified. While
articles emphasizing cooperation reflect the need to include diverse actors, their role is
confined to one of supporting state actors in increasing the effectiveness of domestic
60
Nart Villeneuve