25 Amendments of Péter NIEDERMÜLLER related to 2015/2129(INI)
Amendment 14 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the use of the terminology “Child Pornography" is highly detrimental to victims who insist that their abuse must be referred to by name and be rightly labelled as “Child Sexual Abuse Material”;
Amendment 17 #
Motion for a resolution
Recital C
Recital C
C. whereas child sexual abuse and exploitation online is an evolving phenomenon and new forms of crime, such as "revenge pornography" and sex- extortion, have come into being on the Internet and need to be addressed with concrete measures by the Member States;
Amendment 19 #
Motion for a resolution
Recital D
Recital D
D. whereas law enforcement authorities face new challenges posed by peer- to-peer and DarknetPrivate networks exchanging child sexual abuse material; whereas there is a need to raise awareness at an early stage among girls and boys about the risks and the importance of respecting the dignity and privacy of others in the digital era;
Amendment 24 #
Motion for a resolution
Recital E
Recital E
E. whereas migrant children - especially girls - are particularly exposed to child sexual abuse and sexual exploitation at the hands of traffickers and smugglers along the way and once they reach Europe;
Amendment 27 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas, to be compliant with the Charter of Fundamental Rights of the European Union, measures taken under recital 42 of Directive 2011/93/EU must respect the safeguards listed in Article 25 of the Directive;
Amendment 36 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
–1 Strongly condemns the European Commission and Member States’ insistence on referring to Child Sexual Abuse Material as "Child Pornography". Stresses that such terminology is highly detrimental to victims and adds to the abuse that they already face. Calls on all entities to eradicate the use of such terminology with immediate effect and respect the pleas of victims and social workers in this regard.
Amendment 45 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes with regret that the European Commission’s implementation report fails to indicate how quickly or slowly the hotlines contact hosting providers after informing law enforcement authorities. Further notes that the Commission's report fails to indicate what procedures are currently in place for hotlines to contact hosting providers directly after contacting law enforcement authorities, where the latter are unwilling or unable to respond;
Amendment 50 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Regrets that the Commission's implementation report seeks to address a number of issues with regard to the implementation of the Directive. Notably, in its report on the implementation of Article 25 of the Directive, the Commission lacks to address key issues which could assist the Parliament in monitoring the current situation within Member States. Such issues include, but are not limited to, the fact that no statistics are provided regarding the speed of removal of illegal content beyond 72 hours, no reporting on the frequency with which reports are followed up by law enforcement authorities is highlighted, no reporting on delays in takedowns due to the need to avoid interference with ongoing investigations is made and no information regarding whether such stored data is ever used by judicial and law enforcement authorities is given.
Amendment 60 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers, in particular, that the Member States should do more to combat the impunity of perpetrators who are close to child victims and are in a position of trust, authority or influence over the child; considers it to be of the utmost importance that the Member States ensure the liability of both natural and legal persons, where the lack of monitoring or supervision of a person who is a member of that legal entity, has permitted or facilitated the commission of crimes;
Amendment 66 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the need to address new forms of crime online, such as revenge porn and sexual-extortion, that affect many youngsters, in particular teenage girls people; calls on the Member States to step up their efforts to adopt concrete measures to combat this new form of crime and calls on all relevant bodies, governments, law enforcement agencies, the judiciary, hotlines, NGOs and the internet industry to take its share of responsibility for tackling these crimes;
Amendment 70 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that no statistics are provided with regard to the use of criminal law procedures to seize equipment in relevant cases.
Amendment 81 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the main challenges faced by the law enforcement and judicial authoritiesEuropean Commission and national authorities should greatly increase the resources being put into the investigation and prosecution of child sexual abuse offences online stem from the dependence, in particular to identify barriers to the collection and availability onf electronic evidence and the development of digital investigative techniques, which are made less effective by new technologies such as encryption, and also by the discrepancies in data retention rules between the Member States; urges authorities to recognise that over reliance on hotlines and industry can be counterproductive only outsources the fight against child sexual abuse material;
Amendment 91 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to step up their police and judicial cooperation to combat the trafficking and smuggling of migrant children, who are particularly vulnerable to abuse, trafficking and sexual exploitation, especially girls; calls for an enhanced exchange of information among authorities to trace missing children and for the interoperability of data bases;
Amendment 96 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to put in place effective preventive and intervention programmes, including regular training programmes, for all officials, educators and stakeholders, who are in contact with children to better assess the risk of committing crimes and to intervene in those communities where the likelihood of committing the crimes listed in the Directive is higher;.
Amendment 101 #
14. Encourages the Member States to share best practices on educational materials and training programmes for all the actors involved, such as teachers, educators and law enforcement authorities, to raise awareness of grooming and other risks to the safety of children online, in particular for girls;
Amendment 104 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to incorporate into their legislation mandatory criminal background checks for persons applying or volunteering for activities or jobs relating to children, including software and online content developers, travel agents and legal entities/persons, and to systematically exchange information on individuals posing a risk towhere they have direct access to or authority over children;
Amendment 119 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the best practices adopted in some Member States for the protection of children, such as the Barnahus in Sweden; calls on the Member States to focus on ensuring the provision of legal aid, psychological support and assistance and to avoid the secondary victimisation of children;
Amendment 120 #
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
Regrets that the Commission has failed to collect data on the types of blocking that have been used by the various Member States; further regrets that data has not been published on the number of websites on blocking lists in each country; regrets with concern that there is no assessment of the use of security methods, such as encryption, to ensure that blocking lists do not leak and become seriously counterproductive;
Amendment 121 #
Motion for a resolution
Subheading 6 b (new)
Subheading 6 b (new)
Notes that Directive 2011/92/EU does not require mandatory blocking; recognises that blocking is not a perfect technology; recommends removal of child abuse, child exploitation and child sexual abuse material at source in the context of efficient judicial and law enforcement actions;
Amendment 122 #
Motion for a resolution
Subheading 6 c (new)
Subheading 6 c (new)
Regrets with concern that the Commission mentions that some Member States do not have functional “notice and take-down” procedures, sixteen years after the entry into force of Directive 2001/31/EC (E- Commerce directive), but does not indicate that any action will be taken to require those Member States to comply with EU law;
Amendment 123 #
Motion for a resolution
Subheading 6 d (new)
Subheading 6 d (new)
Calls on the Commission to make further efforts to gather the information necessary to ascertain what the procedure is in Member States where no functional notice, take down procedure, not criminal measures are in place and to open up infringement procedures against Member States should they be found not to comply with the obligations laid down in Directive2001/31/EC on this matter.
Amendment 126 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Acknowledges that the Member States have put in place legislation and administrative measures to remove webpages containing cChild pornographySexual Abuse material hosted on their territory; regrets the fact that only half of the Member States have incorporated provisions into their legislation making it possible to block access to such webpages for users within their territory; calls on the Member States to fully implement Article 25, including blocking child sexual abuse material where possible, and withthe European Commission has not assessed the security of blocking lists, the technologies used for blocking in those countries that have implemented the measures, the implementation of security measures, such as encryption, for the storage and communication of blocking lists or meaningful analysis of the effectiveness of this measure; calls on the Member States to fully implement Article 25, and regrets that the Commission has not provided any analysis on whether not the relevant safeguards in place;
Amendment 140 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recommends that blacklists of websites containing child pornographysexual abuse material be updated regularly by the relevant authorities and communicated to internet service providers to avoid, for instance, over-blocking and to ensure proportionality; recommends the sharing of such blacklists of websites among the Member States, with Europol and its European Cybercrime Centre, and with Interpol; considers, in this regard, that newly developed hashing technology, such as PhotoDNA, should be applied should be done using maximum security measures, such as encryption of the data both in transit and at rest, to avoid, for instance, the leaking of the list; considers, in this regard, that newly developed detection technology, could be applied but that that any technology implemented should be rigorously tested to eliminate, or at least minimise the possibility of hacking, abuse or counterproductive effects and that any such technology should only be used in circumstances where rigorous recordkeeping is used to ensure transparency and facilitate investigation and prosecution of offences by state authorities;
Amendment 144 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Encourages the INHOPE Network to work with its Members to create a secure anonymous reporting mechanism on Deep Web networks, such as the Dark Net networks found on the TOR network, which provides for the same high standard anonymity as those provided for by Press Organizations for whistle- blowers in order to provide the possibility for those using such networks to come forward with information or reports about child sexual abuse material;
Amendment 151 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recognises the active and supportive role in combating child sexual abuse material on the Internet played by civil society organisations, as is the case with the Internet Watch Foundation in the UK; urges the Member States which have not yet done so to set up such hotlines and takes the view that they should be allowed to search for child sexual abuse material online proactivelyin particular that of the INHOPE Network; urges the Commission, in cooperation with INHOPE to identify and implement best practices, particularly with regard to statistical reporting and efficient interaction with law enforcement; urges the Member States which have not yet done so to set up such hotlines and takes the view no employee working for such hotlines should face criminal charges brought against them through the specific exercise of their work;