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Connecting the Dots

Connecting the Dots. The International Conference on Child Rights November 19, 2009 Ottawa Bernard Richard, NB Ombudsman & Child and Youth Advocate. More than just words. November 20th: National Child Day

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Connecting the Dots

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  1. Connecting the Dots The International Conference on Child Rights November 19, 2009 Ottawa Bernard Richard, NB Ombudsman & Child and Youth Advocate

  2. More than just words • November 20th: National Child Day • Identify objective and measurable outcomes for New Brunswick’s children and youth • State of our children and youth Report

  3. A Clearer Picture • 2nd Report on the State of our Children and Youth • CRC as the basis for our work • Measuring outcomes rather than actions • Yearly “alternative report” A Clearer Picture A statistical backgrounder to the 2009 State of our Children and Youth Address Office of the Child and Youth Advocate, November 20, 2009, Fredericton, New Brunswick

  4. NB CYA in collaboration • with the AOMF • Two-step project: • Questionnaire (73 questions, eight themes) ; and, • Compilation of data and publication of a report . • The report includes areas of reflection that could lead to a number of initiatives, namely: • Where applicable, establish independent institutions; • Increase the resources (human and financial) dedicated to the protection of the child; and, • Develop strategies to promote public awareness of the CRC.

  5. Children’s online privacy • A Child’s Right to Privacy • What is the Harm? • What Has Been Done? • Resolutions • COPPA • Consumer Protection Act • What Else Can be Done? • Changes to PIPEDA • Proposed Consent Scheme • ISP Requirements • Reporting Child Porn • There ought to be a law

  6. A Child’s Right to Privacy • The Convention on the Rights of the Child • Article13 • 1. The child shall have the right to freedom of expression… • Article 16 • No child shall be subjected to arbitrary or unlawful interference with his or her privacy… and reputation. • The child has the right to the protection of the law against such interference or attacks. • Article 17 • States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources…

  7. What is the Harm? • Commercialized websites gathering & using children’s personal information • Sexual exploitation of children • Cyber-bullying

  8. What Has Been Done? • Regina Resolution (June 2008) • Strasbourg Resolution (October 2008) • United States: Children’s Online Privacy Protection Act • Quebec: Consumer Protection Act

  9. What Else Can Be Done? • Federal legislation to prohibit embedded advertising in children’s online games and play spaces. • Promote the creation of online play spaces for children and youth that are not commercial in nature. • Law Reform to PIPEDA: Introduce consent requirements based on specific are requirements, with different levels of consent based on age categories. • Legislate a total prohibition on the collection, use or disclosure of personal information of a child under 13.

  10. What Else Can Be Done? • Internet Service Providers (“ISPs”) • Problems: • Child pornography investigations can be delayed by ISPs who require search warrants before providing customer information to investigating police officers • ISPs are not required to retain customer data, which can impede police investigations into suspected child pornography users • Most Canadian provinces do not require mandatory reporting by ISPs of apparent child pornography • ISPs are not required by law to block access to known child pornography websites and eliminate the materials from their servers

  11. What Else Can Be Done? • Internet Service Providers (“ISPs”) • Solutions: • Bill C-47: The Technical Assistance for Law Enforcement in the 21st Century Act • Allows authorities access to customer information without a warrant and would place new technical requirements on ISPs to allow for interception by police • Bill C-46: The Investigatory Powers for the 21st Century Act • Would provide police new investigative powers like preservation demands and production orders to ISPs and trace orders for locating telecommunication devices • Federal legislation obligating all ISPs to block access to websites containing images of child pornography and block the distribution of known child pornography images.

  12. What Else Can Be Done? • Law Reform on Reporting Child Pornography • Introduce federal legislation to require mandatory reporting of child pornography by all persons. • The United States, United Kingdom, and Australia all have federal laws requiring electronic service providers to report the discovery of child sexual abuse images. • Manitoba, Ontario, and Nova Scotia have already introduced provincial laws requiring this • The Goal of Mandatory Report: to save children from sexual abuse and to reduce the production, reproduction and distribution of child pornography.

  13. There ought to be a law • National Launch • Posting will be displayed on the websites of the Provincial Child and Youth Advocates and Privacy Commissioners of Canada

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