PART 2

IN DEPTH

For many people, child pornography is, above all, a rumour spread by the advocates of a stronger control on the Internet, or even of the suppression of the freedom of space the Internet represents for its users. Unfortunately, it is not a rumour... MAPI collected a number of clues to the existence of pornographic material on the Net, in order to convince the sceptics. This is not voyeurism, neither is the information in the following pages. The aim of MAPI is to convince sceptics through a discreet approach of some practices existing on the Web and which go against children's dignity.

What are the opinion and behaviour of Internet providers towards this problem ? Some of them provide access to the Internet, others provide information. Do they know pornographic material circulates on the Internet ? Are they willing to take action and

how ? In concrete terms, what do they do ? All these questions have been asked by MAPI through an "electronic" survey to which 35 Belgian providers replied. The results enlighten us with regard to them and their behaviour towards the control of information. These providers, fervent advocates of freedom of expression, revealed to us their discomfort and uncertainties.

2.1. Child pornography on the Internet

The following part gives some information about the existence, on the Internet, of material inciting child sexual exploitation. This section is needed to show the necessity of reflection and action regarding the problem.

Before going further, it should be stressed that even if child pornography does exist on the Internet, this is not a reason for seeing the Net as evil.

Moreover, most of the information on child pornography available on the Internet is not accessible by simply switching on your computer and logging onto the Internet. This is true for a number of newsgroups with clearly evocative names. The rest of the illegal information, however, is relatively well hidden and one has either to be well-informed about this circle or smart enough to be able to find it in the innermost recess of the network.

For the purpose of its research, MAPI explored the Net to detect some traces of this kind of material. The aim was not to make an exhaustive inventory but to become aware of the expansion of child pornography on the Internet, in order to prove the existence of such information and show, through selected examples, the various forms it can take.

The reader eager to go deeper into this piece of research can refer to two studies dealing with the matter. The first is by Markus Askland14 and was published during the Stockholm conference against child sexual exploitation, held in August 1996. It gives the results achieved by hackers who are in fact masters of computer networks, and whose only purpose was to browse the network in order to identify the systems, methods, codes and means of communication used by the people involved in the sexual exploitation of children. The second study is written by Marty Rimm, from the University of Carnegie Melon15 . He claims to be the first to propose a systematic analysis of the link between

pornography (notably child pornography) and the Internet. However, his study is very controversial (BeauprŽ & Hein (1997)16 , Hoffman & Novak (1995)17 , Reid (1995)18 ), notably as regards scientific rigour and the search for information (conclusions drawn in respect of the whole network from a small amount of data).

2.1.1. Child pornography in the News

There are about ten discussion groups which are very active in the field of child pornography. These groups conspicuously display their tendencies through names such as alt.sex.incest, alt.sex.children, alt.sex.pedophilia.pictures, etc., which do not let any doubt remain about their subject. Consequently, they are easily visible on the Net and accessible to any user by an active search with appropriate keywords (see ¤1.2.3.b.3. and 1.2.4.b.4.).

These groups, which can be suspected as being groups of "propaganda", are only the visible part of the iceberg, and have been set up with the sole aim of attracting more enthusiasts. Behind them hides a far more important world exclusively accessible to those who know the code names and vocabulary peculiar to child porn enthusiasts.

Tracing back these groups requires systematic research on the Internet or... is a matter of chance. For instance, a user could land up in the sordid universe of boylovers or incest enthusiasts while logging onto a group of admirers of eastern beauty, nature or a 3D game !

What happens within these discussion groups clearly related with child porn ? Mainly the exchange of messages and pictures. Though some people limit themselves to exchanging pornographic material involving children, others go far beyond and use the Net to indulge in real child trafficking. So this can be found in the newsgroups images or advertisements of people looking for images (example 1), or eager to encounter children (example 2), debates which tend to justify sexual intercourse between adults and children (example 3), stories with children performing in pornographic activities, or advertising for Web sites or BBSs dealing with these subjects (example 4).

Example 1: Request for images
Subject: Child Sex WANTED
From: Rjhags wef <rafaelsc@nutecnet.com.br>
Date: 1997/01/01

please send me pics and videos with nude children or children having sex

Example 2: Request for encounters
Subject: I am looking for small children to have sex
From: jerryy@slip.net (Jerry )
Date: 1997/01/27

I am looking for small children to have sex with from ages 6-9, boys & girls. I will pay big! Thanks. Jerry

Example 3: Justification of sexual intercourse between adults and children (boylovers)
Date: Wed, 12 Feb 1997 13:04:42 GMT
Newsgroups: alt.support.boy-lovers

Frequently Asked Questionsfréquemment posées à propos de ce (NB. Extrait des questions les plus newsgroup et des "boylovers" en général)

1. What is alt.support.boy-lovers (a.s.b-l)?

a.s.b-l is a forum for males to discuss their feelings toward boys. It is intended to provide a sense of peer support for those having difficulty with their feelings, for boy lovers who feel isolated with their orientation, for those who possibly have no other avenue of discussion than via a group such as this, and for anyone else wishing to be educated on the nature of boy love and who and what boy lovers are. (...)

2. What is the definition of a "boy lover"?

A boy lover is a male who considers himself attracted to other males younger than himself. The usual situation is a male past puberty who is oriented, sexually or not, toward pre-teen or teen-aged boys. (...)

3. Aren't you talking about pedophiles?

In essence, yes. However, the word "pedophilia" is usually associated with sexual feelings, and many boy lovers feel that they are not sexually attracted to boys, or that sexual attraction is not of paramount importance. (...) It's unfortunate that "pedophile" has become such an emotionally charged, dirty word these days. In the dictionary sense, it describes very well what most boy lovers feel. In fact, the word "pedophile" is Classical Greek for "boy lover". Only today has such an innocous word come to describe as many heinous actions and mentally ill individuals as there are attitudes toward the condition. (...)

6. What does a boy lover do?

Apart from the obvious answer - "he loves boys" - a boy lover has many outlets for his feelings. A favourite pastime of boy lovers is collecting pictures of boys, and those boy lovers who have no desire to break the law usually make excellent photographers. (...)

Example 4: Advertising for Web sites or BBSs
Subject: Adult BBS - 100,000 Files plus
From: "chivas" <chivas@loxinfo.co.th>
Date: 1997/01/03

Hey there everybody, This is not a spam, so please keep on reading....

Fat up with those slow Internet connections, disconnections and half-finished downloads of your favourite pictures without resume function or slow loading pages with SPAM all over it, not to mention those online services promise you everything and deliver nothing in terms of pictures for a high price.

Well, here is your solution if you are looking for the ultimate system for your picture collection you have no choice but to call us, unfortunately we are not connected to the internet yet so long distance charges apply.

We have currently 9 gigabyte of xxx-rated pictures online and growing daily !!! 9 CDROM on-line - All categories imaginable. Newsgroup files: Currently around 15,000 pic's from various groups, updated daily.

(Thailand) Tel:+66-2-XXXXXXX - 24 hours a day, every day (9,600-28,800 baud)

To give an idea of the activity within these newsgroups, table 2 presents the traffic of messages and pictures in six newsgroups. The first column contains the names of the groups, the second one the number of messages exchanged between 01.01.1997 and 27.01.1997 and the third one the number of messages containing pictures.

Table 2. Activity of certain discussion groups

2.1.2. Child pornography on Web sites

The Web sites which provide child pornography generally follow the same principle.

The access to these sites is not free. At first, they try to attract the client by giving him free access to a significant number of photographs or videos. Some sites display pornographic images involving adolescents and children. Once the client is attracted, he has to pay for any extra material.

Beyond this common principle, there are different kinds of sites diffusing child porn.

Some have a purely commercial calling and are, in a way, the catalogue of the "services" offered by the site's owner. They offer a range of CD-ROMs, magazines, "Sex Tours" in Mexico and Thailand, etc. (example 5).

Example 5: Starting point to other services

Tired of geeking around on IRC or cruising the Newsgroups looking for hard-core KidSexPix?

Stop wasting your time !!!!! CYBER TRADER II offers *.gif & *.jpg files on diskette or CD-ROM, as well as hard-to-get videos and photographs! All models are under 18 years old !!!!!!

(...)

Gold Key Club membership includes access to the following:
Members Only Newsletter
Members Only BBS
Members Only scanning service
Members Only sex tours - Mexico and Thailand
Access to secret sites
Discount rates on CD-ROM & videos

Members Only access to the Cyber Trader II library of books, magazines, and photo sets

Other sites, less commercial but as harmful as those previously mentioned, could be labelled as ideological sites, such as those devoted to boylovers. These sites, just as some newsgroups debating on the subject (see example 3), tend to justify love and sexual intercourse between adults and children through pseudo-scientific arguments in which references to antiquity support those of biology and genetics. Beyond the words, however, these sites display photographs with naked children, not necessarily always involved in pornographic scenes, but which do not let any doubt hang over the indifference of these adults towards the children's dignity.

2.1.3. Child pornography in the BBSs

The BBSs are real private clubs on the Internet. As with any private club, access is not free. That is why we have been unable to check their activities in the area of child pornography. Yet everything leads us to believe that these clubs are the hub of an intense activity in the field of child pornography. Many newsgroups advertise the BBSs and we found, among these messages exchanged in these groups, a lot of advertisements of BBSs capable of satistying all the "fantasies" of subscribers.

It is important to note the facilitating role played by contributing organizations like VISA or American Express as regards the BBSs and the Web sites which are not free. Without these organizations, the market of child pornography on the Internet probably could not develop so easily. The question of their vigilance towards children's rights and of a certain ethic of business must be asked openly.

2.1.4. Child pornography on IRC

We did not personally check if paedophile information was exchanged or diffused on IRC, but we received several messages saying that this channel was being increasingly used to spread this kind of information19 .

Conclusions

Paedophile information or information about child pornography does exist on the Internet, whether in newsgroups, on the Web, the BBSs or IRC. We frequently receive messages of users who are confronted with this kind of information, which may be very shocking, and who often do not know who they can address to denounce or fight against this sort of information on the Internet.

A distinction has to be made between the information sent on channels specializing in child pornography, often reserved for enthusiasts, and advertising information, of "propaganda" or simply provocative, distributed on channels totally strange to child pornography. Both exist and it cannot be denied that the Internet has become a new means, probably far more efficient, of distributing on a large scale and at a lower price this kind of information, which previously circulated through more usual channels (specialized magazines,.etc.). One aim of MAPI consists in fighting against a large-scale diffusion of such information, mainly when it is intended for people who do not want to receive it at all.

Recommendations

* Concerning the dilemma of control

As previously said in the introduction, the clandestine side of child pornography is likely to grow with the reinforcement of control on the Internet. This is the crux of a dilemma frequently raised by MAPI: any control of the Net will make these practices increasingly clandestine, without necessarily limiting the danger they represent for child victims of sexual exploitation. Nevertheless, such control can reduce the risk for Internet users, whether children or adults, of being confronted with child pornography on the network.

Indeed, we think a systematic reaction and report on the place where information undermining children's dignity and integrity was found can, in the long run, allow us to make more people sensitive to children's rights and, at the same time, to curb child pornography on the Internet.

* Concerning the role of contributing organizations

Contributing organizations play a facilitating role in the development of the market of child pornography on Internet. In the perspective of a certain ethic of business, these organizations should become well aware of their responsibilities and be more vigilant when contracting with clients.

The following message was sent to a large number of Internet users in October 1996. Many were shocked when they received it and firmly protested against the access provider who diffused it, in this case America Online. Afterwards, it turned out that the message was false, written and sent throughout the world for different reasons. The media largely exploited this example to show the deceitful sides of the Internet, most of the time, however, without wondering about the authenticity of this message. For this reason, we thought it pertinent to include this example and a message about its origins and which clarifies various elements relating to the distribution of such a message which, we can easily understand, shocked most of the users who received it.

Subject: Child pornography

From: TipToe0001

Hi! I sent you this letter because your email address was on a list that fit this category. I am a fan of child pornography and for the past 4 years, I have been able to gather quite a collection of it. I have pictures, VHS tapes, posters, audio recordings, and games based on child pornography. I am now selling my products (or trading for other child pornography). I have a complete color catalog of all my products now available. You can purchase pictures, both normal kodak, and computer GIF or JPG's. You can purchase posters, the VHS tapes, and Audio recordings. If you send your picture, I can morph your face into one of the action shots to make it appear that you are the one having anal sex with a little boy. There are many preferences you can choose from. Hair color, weight, age, height. Age of the little boys range from 7 yrs to 17. Little girls, age 4 to 19. For $2.99 we can send you a personalized audio cassette of a little boy moaning and groaning your name. There are many other products and services.

If you were not supposed to receive this letter, please delete it immediately. I'm sorry. You will not receive another letter from me.

Here are some prices:
Complete Color Catalog (160 pages) $5.00
100 Pictures Little boys age 7-12 $9.95
120 Pictures Little boys age 13-17 $11.95
VHS tape, little boys "Bath Time" $49.95
VHS tape, little boys "Happy B-day, Timmy" $49.95
Personalize Audio tape $2.99
Personalized morphed action pic $14.95
(be sure to include your picture)

If you have any child pornography yourself, preferably little boys ages 7-9, I will trade or buy them from you. If they are action shots, of an adult with the little boy having sex, I am willing to trade big, or pay a lot. Please write to me for more details. Thanks.

You can send a cash, check, or money order. Make it out to my company :"Kwo Un"
Send your order to:

Child Fun
Attn: Steve Barnard
81-12 Roosevelt Ave., Apt. 608
Jackson Heights, NY 11372

You can also send your credit card numbers. I do not accept American Express cards.

Subject: AUI - Press release - 22/10/96
From: marzouki@verdon.imag.fr (Meryem Marzouki)

Internet, a network of stupid paedophiles or a provocation of the media ?
(press release from the AUI - 22/10/96)

For two days, many Internet users have received by e-mail what seems to be a commercial offer concerning child pornography. An address in the USA is mentioned.

The AUI (Association des Utilisateurs d'Internetc) immediately took an interest in this case and conducted a detailed inquiry.

The American access provider (AOL) through whom the message was posted quickly blocked the access of the transmitter, and transferred the case to its lawyers. Until

now, the message has been sent from 3 different addresses domiciled in AOL. It seems that the people who received the message were selected at random in the client lists of several access providers, and in lists of academic addresses. An American FAQ has already been written and publicly posted. A French translation of this FAQ is available on the AUI server (http://www.aui.fr/Dossiers/Pedophilie/~presentation.html).

This message being obviously illegal in many countries, there is no doubt that the police investigation which will be opened will lead to appropriate prosecutions.

This case leads the AUI to ask a number of questions:

That the author of the message mentions an address in a message that is clearly illegal but widely distributed indicates either an incredible stupidity or a deliberate action against the person domiciled at the address mentioned. It may also indicate an attempt to convince a badly informed public, who tend to confuse the Internet and paedophilia, a confusion unfortunately spread by the media, of a hypothetical danger specific to the Net.

Recently, false information conveyed by the media about the Internet and paedophilia (for instance the AFP and certain newspapers quoting from the the AFP) revealed the ignorance of the media, and consequently of the public, concerning the Internet. The wrong number of 40 million paedophile pages, though it was corrected later, without producing the same reaction as the initial mistake (when the wrong number was published, 40 millions was the total number of Internet pages), was for instance pointed out by journalists who needed sensational information without checking its veracity at all, which would quickly have shown the inaccuracy of this number. Such wrong information cannot but result in the appearance, more and more frequently, of new "cases" since the newcomers expect to discover what was described as a paedophile network, for example. How is it possible to publicize all the time the few deviations and be surprised afterwards that some people use the network to act out their desires ?

We can also wonder if the use of the Internet to facilitate the commission of crimes does not paradoxically make out of it a useful means to fight against these crimes, which often remain unknown when conveyed through a more confidential means of communication. Moreover, one can ask if the fierce determination to prevent such crimes from being committed on the Internet, without wondering about the fact that they already existed and will continue to exist with or without the Net, is not finally an easy way to see to it, once again, that these crimes remain unknown to the public.

Meryem Marzouki - TIMA-CMP - Meryem.Marzouki@imag.fr

Note de l'AUI : Le texte qui suit est une traduction de la FAQ de Scott Forbes et postée le 21/10/96 sur, entre autres, news.admin.net-abuse.misc. Toutes les références aux lois et aux organismes de police ou de justice concernent l’Amérique du Nord.

1. Pourquoi ai-je reçu cet e-mail? Suis-je sur une mailing list de pédophiles?

En dépit de leur affirmation que "... votre adresse e-mail était sur une liste répondant à ce critère", il apparaît que les destinataires de cet abus sont simplement un ensemble d'adresses e-mail valides, choisies au hasard, probablement extraites du réseau par un programme conçu à cet effet.

Certains avancent que des utilisateurs de misc.kids, alt.abuse.recovery, news.admin.net-abuse.misc et/ou alt.religion.scientology étaient visés comme destinataires de ces e-mails, mais il est aussi probable que les lecteurs de ces groupes étaient susceptibles d'y accorder plus d'attention que les autres. On ne peut donc en tirer de conclusion. A lui seul, le nombre de destinataires suggère que la liste était très générale, plutôt que ciblée vers un groupe particulier d'individus.

Il semble peu probable que la lettre soit ce qu'elle prétend être (une lettre émanant de Steve Barnard, pédophile). Cela ressemble plus certainement à une attaque envers Mr. Barnard de la part d'une tierce personne, écrite pour salir sa réputation et faire en sorte qu'il devienne l'objet de lettres d'insultes et de coups de téléphones vengeurs.

2. Qui a envoyé ces e-mail? Qui sont "TipToe0001@aol.com" et "R9ch@aol.com"? Pourquoi les messages qu'on leur envoie reviennent-ils?

"TipToe0001" et "R9ch" sont des pseudonymes America Online. Le logiciel AOL permet à chaque compte de créer jusqu’à cinq pseudonymes, avec une boite à lettres et une adresse séparées. L'utilisateur d'AOL peut créer et effacer ces noms à volonté.

Les premières analyses des en-têtes de ces messages révèlent qu'AOL en est la source, donc cela ressemble à la démarche suivante : quelqu'un a créé deux pseudonymes sur son compte AOL, expédié les messages "Child Fun!" et "Child XXX" en utilisant ces pseudonymes, puis effacé ces derniers (à moins que ce ne soit l'administration d'AOL qui les ait effacés). Il n'y pas lieu d’écrire à ces adresses, puisqu'elles n'existent plus.

America Online devrait être en mesure d'identifier les usagers qui ont créé et utilisé ces pseudonymes et remonter jusqu'au propriétaire réel du compte. AOL a déjà saisi son service juridique et mène son enquête.

3. Qui est Steve Barnard? Comment est-ce que je plante ce salaud?

Si Steve Barnard se livrait réellement à un trafic de nature pédophilique, envoyer ce message serait d'une colossale stupidité : à part entrer dans un commissariat et passer aux aveux, je n'imagine pas de meilleure solution pour attirer l'attention des pouvoir publics que d'envoyer à des milliers d’étrangers une lettre annonçant que vous avez des documents pédophiles à vendre.

Il semble plus probable que Steve Barnard est victime d'une atteinte par une tierce personne de mauvaise foi, qui tente de salir sa réputation et faire en sorte qu'il soit harcelé. Si c’était bien l'intention, l’opération a certainement réussi.

Steve Barnard n'est pas connu sur le réseau, et le fait que les messages ne comprenaient pas son adresse e-mail est un indice pertinent pour conclure qu'il n'en a pas. Toute tentative d'entrer en contact avec lui devraient être laissée aux autorités (c.a.d. le FBI ou la police d’état), dans les deux hypothèses.

Scott Forbes trans@lucent.com
Lucent Technologies

Traduction en français : Jean-Yves Bernier, pour l'AUI (bernier@francenet.fr) - Copyright © 1996, Association des Utilisateurs d'Internet, pour la traduction française

2.2. The attitude of providers towards the question of paedophilia on the Internet

Introduction

To know better the behaviour of those who provide access to the Internet and/or to Internet services and who are therefore key participants in the matter we are studying, MAPI decided to ask a large number of providers, currently scattered throughout Belgium, to reply to a questionnaire created electronically (cf. annexe 3 of the present report). MAPI's request materialized as early as October 1996 and sometimes had to be repeated later. Replies were received until February 1997. So the survey was spread over some 5 months.

First and foremost, it should be stressed that the questionnaire was sent without any distinction to Internet access and service providers (as defined in section 1.2.7.).

The questionnaire sent by MAPI is subdivided into 6 themes:

1. Control of the information on the server
2. Contract with the client
3. Code of ethics/rule of conduct
4. Bringing together providers in Belgium
5. Co-operation with the police or legal authorities
6. General information

It has to be noted that the last point, useful for the management of the questionnaire, does not require any analysis here. When the questionnaire was written, ISPA (Internet Service Provider Association) Belgium had not yet been set up (cf. section 2.2.1.). That is why no reference to it was made in the questions.

2.2.1. Global results

In total, no less than 108 businesses were contacted (several times when necessary). Among them appear 28 providers, members of the organization ISPA Belgium, founded on 4 November 1996 in Brussels, and mainly aimed at "promoting the interests of the industry of Service providers in Belgium"20 . Among its other objectives, ISPA works for a centralization of the discussion with public authorities and the creation of a code of conduct for service providers. On 20 November 1996, ISPA Belgium had 34 members who, by definition, signed a Memorandum of Understanding (MoU). According to ISPA, these providers represent more than 85% of the Internet market in Belgium21. The list of ISPA members, dated 20 November 1996, appears in annexe 2.

Out of the 108 providers polled 35 replied to the questionnaire, that is to say more than 30%. Bearing in mind that usually the average rate of voluntary replies approximates to 8%, we can appreciate that these results are quite respectable and reveal real interest by providers in the matter. It should be noticed that small providers showed the most spontaneous interest. However, after insistent requests from MAPI, several big businesses eventually agreed to answer the questionnaire or found the time to do it. In addition, the businesses which participated in MAPI's survey are well distributed all over Belgium: 10 are located in the Walloon region, 13 in the Brussels region, 12 in the Flemish region. Out of these 35 companies 14 are members of ISPA, which means that 40% of ISPA members took part in the survey. On the whole, we can conclude that the sample of replies we received is quite satisfactory, not only compared with the total population of Belgian providers but also in terms of market share and distribution in Belgium.

2.2.2. Results in detail

Detailed results concerning the 35 providers are summarized in the following section. The replies and their frequencies are enclosed in the questionnaire (see annexe 3).

a. Monitoring the information on the server

The vast majority of providers (30 out of 35) declare they sometimes control the information existing on their servers and they are in a position to ban access to it.

When asked whether in practice they sometimes ban certain information, more than 70% of the businesses replied affirmatively.

The information more frequently prohibited is firstly that which incites child sexual exploitation (newsgroups with clearly paedophile titles), secondly that which encourages racial hatred and finally information inciting violence. Pornographic information or the information which does not respect copyrights may also be forbidden.

Most providers (29 out of 35) say they refer to good sense to condemn this information. Others refer to national regulations (or, more precisely, to the little they know about these rules, in particular the existing legislation on publications) or to a code of ethics. Collected replies seem to indicate that a majority of providers do not know their responsibilities concerning the control of information on the server.

It should be added that about 30% of the businesses confess that they have never banned any information. A few of them (3 out of 33) are deliberately permissive and justify their behaviour by hiding behind the respect of the clients' freedom of expression or by saying that they are only access "dealers". Most of them, however, declare they have never yet been effectively confronted with the presence on their servers of information inciting the sexual exploitation of children.

b. Contract with the client

57% of the providers who answered MAPI have a contract with their clients.

The contract proposed by a provider (who, moreover, advocates freedom of expression) explicitly specifies that the provider does not control any information and that the Web user is himself responsible for its content.

Nevertheless, most contracts (16 out of 23) stipulate that the provider reserves the right to forbid access to clients' pages which do not respect a set of rules of ethics. On the other hand, only a minority of contracts (7 out of 23) define the nature of the forbidden information. A few (4 out of 23) stipulate that the provider reserves the right to pass on information to the police.

Among the providers who do not sign contracts with their clients, some have considered drawing up such contracts "when they have time to do it". Others unilaterally reserve the right to suppress information which could be harmful. Finally, one provider says he is waiting for a legal obligation before writing out any contract.

c. Code of ethics/rule of conduct

74% of the firms which replied declared they have not made out any code of ethics in the matter of Internet access provision. Generally, the companies having one had it since the beginning of their activities.

However, 77% of these providers are in favour of the creation of such a code for all providers in Belgium. Among the opponents of a generalized code, some invoke freedom of expression.

To the essential question "do you feel responsible for the information circulating via your services ?", 55% replied in the negative.

Finally, it should be highlighted that 84% of the providers say they are in favour of a legal clarification of their responsibilities.

d. Bringing together providers in Belgium

79% of the providers who answered the question relating to the proposal for bringing together Internet providers in Belgium support the setting up of such a trading organization, which was created in November 1996 but does not include all Belgian providers yet. However, some point out that the interests of access providers can differ from those of service providers.

Among the aims invoked to justify such an organization are the creation of an interface with the outside world (other occupations, legal and administrative authorities), the definition of guidelines, the creation of a dialogue and coordination mechanism, the definition of the providers' responsibilities and elaboration of a code of ethics, the protection of the providers' interests and the defence of their job, the improvement of information and communication, the establishment of a dialogue space, the defence of freedom of expression, the use of abilities, political lobbying, etc.

As regards the opponents of an organization of this kind, they justify their position by saying, for instance, that a trading organization would result in "the reinforcement of the credibility of certain companies whose services are the worst".

e. Co-operation with the police or legal authorities

Only four businesses in the sample analysed were contacted by the criminal police, the gendarmerie and the prosecution, for a request for information about child sexual exploitation. Every time, they accepted this request for co-operation and passed on requested information.

In addition, five providers were questioned by the criminal police, the prosecution or the gendarmerie within the context of other research (notably concerning zoophilia). One of them refused to co-operate.

2.2.3. An attempt to complement the survey

MAPI contacted again all the providers who had answered that they had a code of ethics and/or a contract, whether in effect or under preparation, in order to get extra information about this subject. This time, unfortunately, there were very few replies. We should note that out of the four companies who responded, two refused to divulge any, by referring to a clause of confidentiality.

Conclusions

We think that the survey conducted by MAPI is the first of its kind in Belgium. It has enabled many interesting observations to be highlighted.

Firstly, the rate of participation of Internet access and/or service providers in the survey is very high: this probably reveals the interest of providers in the problem of the existence, on their servers, of information inciting users to sexually exploit children.

Secondly, it is interesting to note that providers overwhelmingly declare that, on the one hand, they are in a position to ban access to the information on their servers and that, on the other hand, they sometimes proceed to such bannings. Furthermore, it appears that providers usually do not know their duties and rights as regards the control of information. They themselves are asking for legal clarification on the subject.

It must be added that, in the sample, almost 60% of providers have a contract with their clients and that usually, according to providers, this contract specifies that they are allowed to forbid access to clients' pages for moral reasons. We have not had the opportunity to check this despite our wish to obtain copies of these contracts.

As regards the codes of ethics, it should be remembered from MAPI's survey that, in spite of the desire expressed by 80% of the providers to have a general code for the whole of Belgium, this type of self-regulation is still very rare. It is true that the situation could evolve since the newborn ISPA Belgium has set itself as one of its targets the creation of a code of ethics for Belgian providers. It is, moreover, a proposal made by Minister di Rupo, Vice-Prime Minister and Minister of Economy and Telecommunications, at the Council of Ministers of 13 September 199622 , but which has still not come into application.

Finally, it should be said that more than half of the providers who replied to the questionnaire declare they do not feel responsible for the information which circulates on their servers. Yet most of them express their wish to have a code of ethics. The question which naturally arises concerns the content of such a code: what degree of responsibility will be attributed to providers in this code ?

Recommendations

* Concerning the control exercised by providers

Internet access and/or service providers have to control, as much as possible, the information circulating on their servers and, whenever they can, effectively ban the information liable to encourage child sexual exploitation that they would find during a control or that would be reported by someone else.

* Concerning the providers' responsibility

In our view, although a quick analysis of the law (see section 3.2.) reveals that the criminal responsibility of service providers and, to a lesser extent, of access providers, within the context of the distribution of paedophile material, is rather clear, these have not the slightest idea of their responsibilities and the sanctions they risk. It does not seem necessary to clarify the Belgian law but, maybe, to give providers clarification of their responsibilities by publishing an educational document for their attention. This could be one concrete objective of ISPA.

* Concerning client-provider contracts

We would advise the use of contracts between providers and clients and that these contracts should always contain a clause which allows providers to forbid access to information inciting child sexual exploitation.

* Concerning the codes of deontology and of ethics

All the codes of deontology and ethics for Internet providers, particularly the one being prepared by ISPA Belgium, must highlight the providers' responsibility, mainly regarding paedophile information.

* Concerning trade organization ISPA Belgium

It is essential that ISPA Belgium try hard not to limit the group of those who prepare its code to providers only, but extend it to all the parties concerned and to Internet users in particular.

Several of these recommendations, notably the one relating to a code of good conduct and to the control of information by providers, were proposed by Minister di Rupo at the Council of Ministers of 13 September 1996, but are still under consideration.