REPORT 2014 ISSN 2084-7785

REPORT 2014 ISSN 2084-7785

CONTENTS DYŻURNET.PL TEAM 3 STATISTICS ON REPORTS 9 TRENDS AND CHALLENGES 16 Children presented in sexual contexts 16 Alarming social network profiles 17 Distribution of CSAM 17 Amendment of the law 20 The Youth and the Internet research 22 Report of Dyżurnet.pl Address: NASK ul. Wąwozowa 18, 02-796 Warsaw, Tel.: + 48 22 380 82 00 e-mail: dyzurnet@dyzurnet.pl EDUCATIONAL AND AWARENESS-RAISING ACTIVITIES 23 INTERNATIONAL COOPERATION 28 Prepared and edited by: Dyżurnet.pl Team Graphic design and typesetting: Monika Zielenkiewicz The project is co-financed by the European Union

EDUCATION AND SAFETY Dyżurnet.pl has been operating for ten years now. It is the only hotline team in Poland that receives reports on illegal and harmful online content that threatens the youngest Internet users. The tenth anniversary calls for reflections on the past and plans for the future. Since its beginning, Dyżurnet.pl has received 44,893 reports. Almost two thirds of them related to the sexual abuse of children. The number of reports has been increasing from year to year. The report on the activities of the team in 2014 includes statistics as well as a description of current trends and tendencies. Last year, the team has received 11,063 reports, an increase by 65 per cent compared to 2013. As many as 425 reports were forwarded to the police. The data indicates an increasing awareness among the public about issues relating to online threats and shows the magnitude of the threats. It should be remembered that the data does not show the full extent of the problem. It has to be realized that behind the reports is harm caused to children that are victims of violence, physical and psychological abuse. Thanks to the work of the team, in many cases such harm was prevented, and offenders were brought to justice. In our daily work we do not forget that the most effective method of dealing with threats is education. The experts of Dyżurnet.pl implement a number of projects aimed at building knowledge and raising awareness of online threats among the public. We train teachers, educators, police officers and the representatives of the judiciary. The report also includes information on those activities. I believe that the report will not only prompt you to think about issues relating to online safety, but also encourage you to work actively to create a friendlier Internet. That is what we very much hope to achieve. If you wish to participate in such a project, you are welcome to cooperate with us. Michał Chrzanowski, Director of NASK 3 REPORT 2014

We act to build safer internet for everyone. We respond to illegal and harmful online content which abuses safety of children and young people. We popularize safe use of the internet. 4 DYŻURNET.PL

The Dyżurnet.pl team is a point of contact that has been functioning within the framework of NASK (the Research and Academic Computer Network) since 2005. It responds to anonymous reports received from Internet users about potentially illegal material, such as pornographic content involving a minor. Dyżurnet.pl also carries out awarenessraising and educational activities to increase the level of the online safety of children and young people by, among others, taking various initiatives, including campaigns, conferences, trainings for professionals and experts as well as workshops for the youngest Internet users. Dyżurnet.pl operates as part of the Safer Internet project. Safer Internet is the European Commission s program aimed at increasing the online safety of children and young people. In Poland the project is implemented by the Polish Safer Internet Centre, which is made up of NASK and the Nobody s Children Foundation (Fundacja Dzieci Niczyje, FDN). The Centre also provides telephone and online support in specific emergency situations (Helpline.org.pl) and takes action in relation to illegal content (Dyżurnet.pl). More information at: www.saferinternet.pl The action taken by the Dyżurnet. pl and Helpline.org.pl teams as well as other initiatives of the Safer Internet program are supported by the Consulting Committee comprising the representatives of Ministries, government bodies, nongovernmental organizations, academic community and the representatives of business: Ombudsman for the Rights of Children Centre of Civic Education European Consumer Centre Centre of Civic Education Foundation Orange Foundation Google Polska Institute of Education Research National Police Headquarters Board of Education in Warsaw Chief Education Officer of the Mazowieckie province Board of Education Centre for Information Technology Education and Application of Computers Ministry of Administration and Digitization of Poland Ministry of Infrastructure Department of Telecommunication Ministry of National Education Minister of the Interior Centre for Education Development Polish Chamber of Information Technology and Telecommunications Polish Committee for UNESCO University of Social Sciences and Humanities UNICEF Office of Electronic Communications Office of Competition and Consumer Protection Polish Society of the Phonographic Industry 5 REPORT 2014

Dyżurnet.pl receives online reports concerning harmful online content from institutions and other hotline teams as well as especially from Internet users. Each report is considered with due attention, and action is taken with the utmost care in line with clear and strict rules and procedures. Reports may be submitted:»» the form available at www.dyzurnet.pl»» by e mail: dyzurnet@dyzurnet.pl»» via the hotline: 0 801 615 005, which automatically registers reports»» by means of a mobile application Information on reporting users is never provided to third parties. Users that leave their e-mail address are informed about the measures taken by the team. In special situations, when a given threat relates directly to the reporting person, the specialists of the Team may disclose the information only with the express consent of the person. Dyżurnet.pl warns against searching for illegal content online. When the specialists of the Team receive a report, they analyze the reported content. If the material is potentially illegal, they take measures to locate the server that hosts the material. Subsequent procedure depends on the place where the server is located. Measures taken by the Dyżurnet.pl team in line with the adopted procedure for handling reports relate to: material on servers located on the territory of Poland in such a case, information is immediately forwarded to the Cybercrime Division of the Crime Intelligence Bureau at the General Police Headquarters material on servers located outside the territory of Poland in the case of such material, information is promptly forwarded to another hotline team that is a member of INHOPE; specialists from another national hotline take appropriate action if the reported content is illegal, they forward the information to the local police material on servers located outside Poland and outside the countries in which INHOPE operates in such a case, Dyżurnet.pl forwards information to the police, who are obliged to notify competent representatives of local law enforcement authorities. On the Internet the location of the person that puts content online and the person that views it as well as the distance between them do not matter. The experts of Dyżurnet.pl take action with respect to content located on servers in Poland and abroad. International cooperation ensures a quick and effective response and the removal of illegal material, including especially children sexual abuse material. 6 DYŻURNET.PL

NEW REPORT! WHERE IS THE SERVER LOCATED? Figure I. Chart presenting how Dyżurnet.pl handles reports on child sexual abuse material. REPORT S ANALYSIS POLAND OUTSIDE OF POLAND BUT IN A COUNTRY WHERE ONE OF THE INHOPE HOTLINE OPERATES OUTSIDE OF POLAND AND OUTSIDE OF THE INHOPE ASSOCIATION S AREA OF INFLUENCE REPORTING INFORMATION TO THE POLISH POLICE REPORTING INFORMATION TO A LOCAL INHOPE HOTLINE REPORTING INFORMATION TO THE POLISH POLICE SUBMITTING A REQUEST TO THE ISP/CONTENT PROVIDER/WEBSITE OWNER TO SECURE INFORMATION FEEDBACK TO THE REPORTING USER MONITORING OF AVAILABILITY OF THE ILLEGAL CONTENT (APPLIES TO CSAM) CLOSURE OF THE CASE 7 REPORT 2014

The Dyżurnet.pl team became a member of the INHOPE association at the beginning of its operation, in 2005. Members of the INHOPE association develop joint methods for dealing with illegal material to ensure that it is removed from the Internet as quickly as possible. The key factor is the promptness of the response of Internet users, specialists on hotline teams, representatives of law enforcement authorities and the judiciary as well as administrators. As a result of such action, persons that place illegal material online may be brought to justice and, when possible, the victims of sexual abuse may be identified and provided with support. The International Association of Internet Hotlines. The high effectiveness of measures taken by the Dyżurnet.pl team is due to international cooperation with other hotline teams. The promptness of a response and a network of trusted institutions that take measures with respect to illegal content are incredibly important. Hotlines that are members of the INHOPE association (International Association of Internet Hotlines). Its mission is to provide support, ensure efficiency and increase the effectiveness of national points of contact in responding to reports on illegal content on the Internet. The aim of the measures taken by INHOPE is to make the Internet safer for its users. INHOPE was established in 1997. Its members currently include 51 hotlines from Europe, Asia, North America, Africa and Australia. The Association is co-financed by the European Commission. In 2010 the INHOPE Foundation was established. Its aim is to support the establishment of hotlines in non-eu countries. The beneficiaries of the foundation include, among others, organizations from Columbia, Peru, Thailand, Cambodia and Kazakhstan. More information at: www.inhope.org 8 DYŻURNET.PL

STATISTICS ON REPORTS 1500 1200 900 Experts on the Dyżurnet.pl team are primarily responsible for analyzing the reports on potentially illegal online content that are sent to the team. The most serious incidents from the point of view of the team relate to the distribution of child sexual abuse material via the Internet. 895 We respond to illegal and harmful online content which abuses safety of children and young people. 859 1073 The aim of the measures taken by the Dyżurnet.pl team is to notify law enforcement authorities or a foreign hotline team in order to remove illegal content as quickly as possible so that it is not available to the public. 1112 1113 1329 1082 946 Figure II. Number of incidents in particular months of 2014. As many as 98 per cent of reports are received from individual Internet users who, in their opinion, came across illegal online content. The team is also informed about dangerous material by such institutions as: the Office of the Ombudsman for Children, CERT Polska, Helpline.org.pl and foreign hotlines that are members of INHOPE. Information is provided mainly by means of the form available at www.dyżurnet.pl 95 per cent of all reports were sent in this way. A vast majority of them (84 per cent of reports) concerned material relating to child sexual abuse. 600 566 654 701 733 In 2014 the employees of the team analyzed 11,063 incidents, which represents an increase of 65 per cent compared to the 300 Sum: 11063 Average: 922 preceding year. The average monthly number of incidents was 922, an increase by 364 compared to 2013, when an 0 I II III IV V VI VII VIII IX X XI XII average of 558 incidents were reported each month. 9 REPORT 2014

CSAM (CHILD SEXUAL ABUSE MATERIALS) - The term refers to material presenting the sexual abuse of a child. It is more appropriate than child pornography, as it puts emphasis on the sexual abuse of a real child. Publication of CSAM on the Internet may be only one of the elements of an offence, which include the grooming of a child, sexual abuse, documentation of the abuse and then publication and distribution of the material. While the sexual abuse of a child may be kept secret by the offender and the victim, the disclosure of the proof of the offence to the public causes the victim further severe distress. Specialists point out that the secondary victimization resulting from the distribution of CSAM may have very serious consequences for victims. It is why the effective removal of such material from the Internet is so important. 12000 10000 8000 6000 4000 2000 0 total number of incidents CSAM - reports CSAM - incidents 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Figure III. Reports and incidents relating to CSAM in relation to the total number of reports in the period from 2005 to 2014. In the period from 2005 to 2014 a total of almost 45 thousand reports were analyzed (44,893 incidents) Most reports received by Dyżurnet.pl related to content that the users classified as child sexual abuse material (CSAM). In 2014, such reports accounted for over 80 per cent of all reports. After receiving a report, the employees of the team checked if the reported material may indeed be interpreted as pornographic material involving a minor 1, and then classified a given report, giving it the status of an incident. 1 Cf. paragraph 202 of the Penal Code. 10 DYŻURNET.PL

3500 3000 adult pornography 3379 Figure IV. Classification of incidents reported to Dyżurnet.pl as child pornography. 2500 child erotica 2000 not found website/forum with links other content 1500 CSAM not accessible 1000 1281 1250 1130 child nudism 500 767 696 458 CSAM - derived 0 189 137 Figure III. shows the number of reports (information sent by users) and incidents (substantiated reports that were analyzed and adequately classified by the Team) relating to CSAM in relation to the total number of incidents in the period from 2005 to 2014. The graph shows that the number of both reports and incidents relating to CSAM has increased since 2013. It also shows that such reports represent an increasingly large share of all reports received by the team. Fig. IV shows the classification of incidents analyzed by the employees of the team based on the reports sent to Dyżurnet.pl and marked by the reporting person as child pornography. The chart presented in Fig. IV shows that a majority of them relate to material that involves persons that in the opinion of the employees of the team were adults. Such incidents were classified as pornography involving adults. In turn, 1,250 incidents were classified as pornographic material involving a minor. There are instances where after opening a website hosting such material other sites with similar content automatically open. In such cases, the employees of the team take action also with respect to such related websites. Therefore, the chart also includes an additional category, namely CSAM found as a result of reports. 11 REPORT 2014

There were 137 such cases in 2013. It should be stressed that a total of 1,395 URL addresses of websites hosting child sexual abuse material were analyzed by the team in 2014. The fact that the total number of CSAM incidents presented in Fig. III and the one presented in Fig. IV differ by 8 results from the fact that persons reporting illegal content do not always report material as child pornography, but, for instance, as other illegal content. In 1,281 cases the material reported by users was no longer available at the time of the analysis. Such cases are not included in the list relating to the time during which websites hosting child sexual abuse material were accessible after they were reported to Dyżurnet.pl (Fig. VII). A large proportion of reports relate to websites or discussion forums that only have links to suspicious content. Such websites do not contain child sexual abuse material and are not considered illegal in most countries. Links on such websites open either other websites of a similar nature (a link farm) or files shared on hosting sites. After classifying the reported content as illegal or harmful to young users, the employees of Dyżurnet.pl intervene in accordance with the adopted procedure. As in a majority of cases the reported material is hosted on servers located outside Poland, the intervention of Dyżurnet. pl most often consists of forwarding the report to a hotline operating in a given foreign country within the framework of the INHOPE Association. Such interventions were made in almost 1,300 cases. BIK NET (BETTER INTERNET FOR KIDS NETWORK) From January 2014 the Polish Safer Internet Centre implemented a 12-month pilot program BIK NET. As a result of the program, IT solutions were developed, which enable the presentation of produced educational material and the exchange of knowledge and experience between organizations that form national Safer Internet centers as well as the development of a modern platform supporting the work of hotline teams. The Dyżurnet.pl team participated actively in the project from its very beginning. From September 2014 it tested a modern database that makes it possible to analyze in detail the reported material and streamlines the process of forwarding the content directly to international law enforcement authorities to identify the victims of sexual abuse more quickly. 12 DYŻURNET.PL

1500 1200 1203 1376 1267 Submitted to the Police Submitted to other organization 900 659 870 Submitted to ISP or site owner Submitted to INHOPE 600 300 0 488 425 46 31 65 48 61 2012 2013 2014 Figure V. Action taken by Dyżurnet.pl with respect to illegal and harmful content in the period from 2012 to 2014. From mid-2014, the Dyżurnet.pl team has been participating in the European BIK NET project, within the framework of which information on material that meets certain criteria (both photographs and films) is forwarded directly to competent law enforcement authorities. The program determines the so-called hash value of a given file, which may be used to automatically retrieve published material or prevent it from being placed online once again. In the case of illegal content hosted on servers in Poland or a country that does not have a hotline that is a member of INHOPE, information is forwarded to the General Police Headquarters. In 2014 there were 425 such reports, and the majority of them related to a hosting site on which child sexual abuse material was also stored. The team also intervenes by contacting the security department of a website or a hosting company to ensure that harmful content is removed, transferred or marked appropriately (almost 900 interventions). If a given case does not fall within the scope of the activities of the team or if an intervention requires cooperation with other institutions, a report is forwarded to a relevant organization or institution, including, among others, CERT Polska, Helpline.org.pl, Office of the Ombudsman for Children. 13 REPORT 2014

USA 38% others - EU 3% others - outside EU 6% Figure VI. Location of servers hosting CSAM reported to Dyżurnet.pl in 2014. Russia 21% Germany 3% Netherlands 4% TOR/ not identified 1% Poland 24% In order to effectively fight illegal content, it is necessary to determine in which country a given server is located and then determine whether the material is illegal under the local legislation. Fig. VI shows the location of servers hosting child sexual abuse material reported to Dyżurnet.pl in 2014. Unfortunately, for the first time Poland is presented in the graph on such a scale, which is due to a large number of reported incidents relating to illegal material on one of the Polish file hosting sites. In the period from July to October over three hundred reports relating to this site were sent to Dyżurnet.pl. Specialists on the team were in contact with both the General Police Headquarters and the owner of the website. This case shows the importance of a responsible role of administrators, who should make it possible to report undesirable content, quickly intervene with respect to illegal content and be in direct contact with law enforcement authorities. 14 DYŻURNET.PL

from 8 to 14 days 2% longer than 14 days 6% Figure VII. Time during which CSAM was available after it was reported to Dyżurnet.pl in 2014. up to 7 days 12% up to 3 days 16% up to 48 hours 64% Only 3 per cent of incidents concerning child sexual abuse content related to countries which do not have a hotline that is a member of INHOPE in such cases, intervention consisted of the international cooperation of law enforcement authorities. The number of such incidents halved compared to the preceding year. Without doubt, it was due to the constantly increasing number of the members of INHOPE, which at the end of 2014 had 51 members in 45 countries around the world. The Dyżurnet.pl team places a strong emphasis on the need to ensure that the period during which child sexual abuse material posted online is available to the public is as short as possible. In 2014 80 per cent of the reported material was removed within three days from the intervention of the Dyżurnet.pl team, and a total of 92 per cent was removed within a week. In relation to a relatively large number of incidents relating to CSAM in Poland, 67 per cent of the material was removed within 48 hours by the administrators of websites. Material removed within three days accounted for 95 per cent of the reported content. All illegal CSAM was removed from Polish servers within a week. 15 REPORT 2014

TRENDS AND CHALLENGES We popularize safe use of the internet. Ten per cent of the reports analyzed in 2014 by the experts of Dyżurnet.pl related to websites hosting erotic material involving children. Even though such content mostly included material that was legal under the Polish law, it was attractive to pedophiles. It showed a minor presented in an inappropriate erotic context. The intentions of the authors of such material were demonstrated by the organization of the gallery or collection of films as well as titles, descriptions or key words, such as sexy, young, fresh, Lolita, etc. The reported material included photographs or films shot during special sessions. Minor victims posed in underwear, swimming costumes or other tight outfits. They were partly dressed or were being undressed during the session. Heavy make-up, posing with erotic gadgets as well as sexual and provocative poses prove that the person that took the photographs and posted them online intended to use the sexual attraction of potential viewers to the children. Other material that was reported to the team included photographs taken in secret, e.g. at playgrounds, where a child was observed by bystanders. The photographs usually showed a child in underwear or even nude. Such photographs are legal under the Polish law, but the fact that their authors presented them in an erotic context proves that the intentions of the authors were related to sexuality. Another group of photographs classified as erotic material involving a child includes photographs from legal sources, including family albums, galleries of photographs published by parents on social networking platforms or commercial photo banks. Children in such photographs were shown in a neutral context, but the manner in which a photo-gallery was organized, the way in which the material was presented as well as the context (e.g. website with pornographic material involving adults) were inappropriate. The experts of Dyżurnet.pl often warn especially parents and guardians against publishing photographs or films involving their children that may be used by pedophiles. 16 DYŻURNET.PL

ALARMING SOCIAL NETWORK PROFILES One example of the use of completely legal photographs of a neutral nature last year were Facebook profiles whose names referred to the sexuality and age of children, e.g. the sexiest 12-year-olds, the sexiest 10-year-olds. Dyżurnet.pl received over 250 reports relating to such profiles. Users informed the team that they reported such alarming content to the police, prosecutor s office, Office of the Ombudsman for Children as well as to the administrators of the website. A number of articles on this issue were published in the media. Photographs published on Facebook were not pornographic, but as a result of the comments under the photographs and the name of profiles, the context of the photographs was sexual. Within a couple of days Facebook s moderators removed first the most controversial profiles, which were followed by many users of the site, and then the clones of the profiles, which were visited by fewer people. This shows that Internet users are aware of the problem of the use of photographs showing minors for sexual purposes. The public does not accept the publication of photographs, films or comments relating to child in an erotic context. However, guardians are still not sufficiently aware and cautious when it comes to the publication of the image of children online. Parents like to boast about their children on the Internet. However, it is worth considering whether it is really necessary. When parents decide to make such material public, they should think about how it should be presented in order to fully protect their child. Social networking platforms allow their users to restrict the privacy of the entire profile as well as particular photographs or postings. It is possible to make them visible only to friends or selected groups or persons. When uploading films or photographs on publically available sites, it is also possible to secure them with a password provided only to selected persons. DISTRIBUTION OF CSAM In accordance with the data presentation standards of the INHOPE Association, in the first half of 2014 the team analyzed in detail the reported content on a pilot basis. The analysis covered the type of the Internet service used to distribute CSAM and the characteristics of victims presented in such material. Internet services Traditional websites are still the most popular service that enables the distribution of CSAM and were the most frequently reported type of services compromising Internet safety. It is consistent with the trend observed by all members of the INHOPE association the 2013 2 aggregated statistics2 show that websites accounted for 37 per cent of the reported services and were the most represented category. Files and images hosting sites turned out to be almost as popular as traditional websites, accounting for 30 per cent of reports analyzed by the experts of Dyżurnet.pl. Such services are more and more often used to make illegal material available to the public. It is probably due to the fact that they make it possible to easily create an anonymous account and enable 2 http://inhope.org/tns/resources/statistics-and-infographics.aspx 17 REPORT 2014

Figure VIII. Type of websites hosting child sexual abuse material. transfer to many clients at the same time. Even though content published on such sites are removed relatively quickly by service providers, it only takes a couple of web site 33% other 5% not identified 2% link farm 2% board forum 5% hours to make them available to hundreds of interested persons. According to the data of INHOPE, in 2013 they accounted for 50 per cent of Internet services used to distribute CSAM. Another important category are social forum 10% networking platforms and online forums. Similarly to hosting websites, they are attractive due to the existing infrastructure and due to the fact that they make it possible to reach the interested persons easily. file hosting 12% image hosting 18% social networking site 12% Others: web archive Banner site Blog Tube site 18 DYŻURNET.PL

Gender and age of victims The experts of Dyżurnet.pl always draw attention to the fact that the so-called child pornography is evidence proving an offence, namely the real sexual abuse of a child. In the opinion of the experts of Dyżurnet.pl, the notion of child pornography is understood as footage or photographic material that documents sexual abuse. Therefore, when describing the aforementioned phenomenon, experts try to use a more appropriate term, namely child sexual abuse material - CSAM. This term is clear and does not allow other interpretations. It is worth bearing in mind that while the abuse of a child in the real world occurs at a given time and place (although sometimes repeatedly), when the material that documents it is published on the Internet, the victim suffers further humiliation, which may result in the socalled secondary victimization. Moreover, such material may be used by offenders to groom a child and gradually make him of her familiar with the sexual behaviors it presents. Analyses carried out on a pilot basis show that the reported material most often involved girls (70 per cent of the material) and much less frequently boys (15 per cent of the material). Material involving victims of both sexes at the same time was reported relatively rarely (15 per cent). Such observations are consistent with the aggregate data of the INHOPE 3 Association. Most of the reported material (70 per cent) involved white children. Two thirds of the reported material involved persons that have not yet reached puberty (more or less up to the age of 13) and 30 per cent of the material involved older children who most probably were still minors. Three 3 per cent of the material involved the youngest children under the age of twelve months. 3 http://inhope.org/tns/resources/statistics-and-infographics.aspx 19 REPORT 2014

AMENDMENT OF THE LAW In May 2014 amendments to the Penal Code 4 entered into force. Their aim was to align Polish legislation with the Directive 2011/92/EU of the European Parliament and of the Council of December 13th 2011 on combating the sexual abuse and sexual exploitation of children and child pornography 5. In the opinion of the Dyżurnet.pl team, the amendment to art. 202 of the Penal Code, which regulates the issue of illegal pornographic content, was very important. Firstly, the amendment aligned the provisions of the Code with EU regulations with respect to the age of a minor prior to the amendment, the Polish law distinguished between a minor under the age of eighteen and a minor under the age of fifteen. Prior to the amendment, it was permitted to record, source, store and possess pornographic material involving a minor aged over 15, provided that it was not aimed at distributing such material 4 Journal of Laws 2014 Item 538 (Act of April 4 2014. Amending the Act - the Penal Code and certain other acts) 5 http://eur-lex.europa.eu/legal-content/pl/ TXT/?uri=CELEX:32011L0093 or presenting it to the public. Under the current state of the law, recording, storing, possessing and obtaining access to pornographic material involving a minor, understood as any person under the age of 18, is punishable. ART. 202 OF THE PENAL CODE 3. Whoever, for distribution purposes, produces, records or sources, stores or possesses or distributes or presents pornographic material involving a minor or pornographic content related to the presentation of violence or the use of an animal shall be punished by a term of imprisonment of between 2 and 12 years. 4. Whoever records pornographic material involving a minor shall be punished by a term of imprisonment of between one and 10 years. 4a. Whoever stores, possesses or obtains access to pornographic material involving a minor shall be punished by a term of imprisonment of between 3 months and 5 years. As the Penal Code does not define pornographic material, it is difficult to classify such material. An opinion expressed by Professor Marian Filar helps determine whether material may be classified as pornographic content6. In his opinion, the intention of the author of such content is important. Material may be classified as pornographic if it focuses on producing sexual arousal in viewers. Also important is the manner in which a sexual activity is presented. It matters whether only technical aspects are shown, in isolation from the intellectual or personal aspects, and whether sexual organs are shown in their sexual functions, i.e. whether it is confined merely to recording the dehumanized technology of sex. The amendment addressed the issue of access to child sexual abuse material. Prior to the amendment, lawyers did not agree on whether the term sourcing used in art. 202 4a could refer to obtaining access to illegal content via an ICT network. The amendment clarifies this issue and provides for a penalty for accessing such content 6. 6 Penal Code. Commentary edited by M. Filar, Warsaw, 2012, p. 965. 20 DYŻURNET.PL

The amendment also takes into account a new risk which is related to life Internet video transmissions. The issue was for the first time raised in the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse of 2007 (the so-called Lanzarote Convention). Pursuant to Article 21 of the Convention, such conduct as recruiting or coercing a child into participating in pornographic performances or profiting from or otherwise exploiting a child for such purposes or knowingly attending pornographic performances involving the participation of children shall be criminalized. The Directive of the European Parliament and of the Council on combating the sexual abuse and sexual exploitation of children and child pornography specifies that it also relates to performances via communication and information systems: ARTICLE 2 (e) pornographic performance means a live exhibition aimed at an audience, including by means of information and communication technology, of: (i) a child engaged in real or simulated sexually explicit conduct; or (ii) the sexual organs of a child for primarily sexual purposes; The need to align the Polish law to the aforementioned Directive resulted in the addition of the following new section in art. 202: ART. 202 OF THE PENAL CODE 4c. Whoever, for the purpose of sexual gratification, participates in the presentation of pornographic material involving a minor shall be subject to the penalty specified in 4b (fine, restriction of freedom or a term of imprisonment of up to 2 years. The amendment updated legal instruments on the protection of minors against pornographic content. ART. 200 OF THE PENAL CODE 3. Whoever presents to a minor under the age of 15 pornographic content or provides the minor with objects of such a nature and whoever distributes pornographic content in a manner that enables such a minor to view it shall be subject to the penalty of imprisonment of up to 3 years. 4. Whoever, for the purposes of his or her sexual gratification or the sexual gratification of another person, presents to a minor under the age of 15 the performance of a sexual act shall be subject to the penalty specified in 3. 5. Whoever advertises or promotes activity consisting of the distribution of pornographic material in a manner that enables a minor under the age of 15 to view it shall be subject to the penalty specified in 3. It shall be borne in mind that those regulations relate to websites hosted on servers located in Poland. As a large number of websites hosting pornographic content does not have an adequate warning about the content, the Dyżurnet.pl team highly recommends the use of parental control software. 21 REPORT 2014

THE YOUTH AND THE INTERNET RESEARCH In 2014 the experts of Dyżurnet.pl participated in the preparation of the Polish nationwide Youth and the Internet research. It was conducted by the Higher School of Social Sciences Pedagogium at the request of NASK and the Ombudsman for Children. The research was conducted in May and June 2014 on 1,235 students from 50 schools from all over Poland. They were selected using stratified sampling. Two groups participated in the study: 2nd grade students of lower secondary schools and 2nd grade students of all types of upper secondary schools N (lower secondary school students) = 561 (45.4 per cent)n (upper secondary school students) = 674 (54.6 per cent) Of particular importance to the experts of the Dyżurnet.pl team was the analysis of the phenomenon of sexting, i.e. sending self-taken intimate photographs or films, among lower secondary school students. The following results of the research relate to this age group. 5.6 per cent of the students admit that they have sent their intimate photographs to a person that they met on the Internet 7.9 per cent of the students admit that they have sent their intimate photographs to their boyfriend or girlfriend via the Interne 26 per cent of the students have received intimate (nude) photographs via the Internet 31 per cent of the students admit that they know the persons to whom they have sent their intimate photographs The experts of Dyżurnet.pl also wanted to analyze the phenomenon of presenting sexually explicit conduct during live video chats. 69 per cent of lower-secondary school students have participated in video chats 32 per cent of them have participated in a video chat with a person that they did not know before. 12.7 per cent of the students that have participated in a video chat with a stranger said that the person with whom they talked suggested that they undress 2.3 per cent of them agreed to do it The results of the research indicating that 2 per cent of the respondents had undressed or presented sexual conduct during video chats corresponds to the result of the study conducted by NASK experts in cooperation with NK Research in September 2013 on almost one thousand users of the nk.pl website aged 13-16. Given the intimate nature of the question, it may be assumed that the actual percentage of persons that engaged in the aforementioned conduct is higher, probably reaching 8 per cent (percentage of persons that admit that they know someone that undresses of presents sexual conduct during video chats). 22 DYŻURNET.PL

EDUCATIONAL & AWARENESS-RAISING ACTIVITIES We promote safe Internet use. Experts on the Dyżurnet.pl team participate, within the framework of various projects, in the organization of initiatives aimed at increasing the awareness among the public about risks related to the use of modern communication technologies. Priority actions include education, both of children and of parents, and strengthening the expertise of professionals with respect to safe Internet use. Experts on the Dyżurnet.pl team share their unique knowledge and experience, training the representatives of the judiciary and law enforcement authorities. Trainings focus on issues related to cybercrime, including in particular the fight against child sexual abuse and child pornography. When developing training programs, the experts of Dyżurnet. pl are supported by the representatives of specialist local police units and the CERT Polska team. The Safer Internet Project A program of the European Commission aimed at the comprehensive promotion of safe Internet behavior among children and young people. It has been implemented by NASK and the Nobody s Children Foundation since 2005. The following initiatives were undertaken within the framework of the project: Safer Internet Day, February 11th 2014 It has been celebrated on the initiative of the European Commission since 2004. Its aim is to initiate and promote actions for the safe access of children and young people to Internet resources. The theme of the 2014 Safer Internet Day Let s create a better Internet together was to draw attention to the fact that each Internet user has the right to use the potential of the Internet to ensure self-fulfillment, obtain information, learn or have fun; however, all Internet users are responsible for their online activity. Expert seminar, May 16th 2014 On May 16th 2014 the next seminar took place as part of a series of meetings relating to the functioning of young people in the world of the new media. It was addressed primarily to teachers, educators and education management staff. The seminar focused on the issue of the prevention of a very dangerous phenomenon among young people, namely cyber-violence aggressive 23 REPORT 2014

behavior on the Internet. The main subject addressed during the seminar was the role of witnesses, young people that do not engage in cyber-violence and are not its victims, but who witness it. The Young Internet Users Congress, May 27th, October 29th 2014. The initiative is addressed to lower secondary school and high school students and their teachers. Its aim is to gain a better knowledge of educational needs and online safety. During the fifth meeting, which took place on May 27th, the experts of Dyżurnet.pl suggested that the participants test RODOKO, an educational card game relating to online safety. On October 29th the sixth Young Internet Users Congress was held. It provided an opportunity to learn about the research activity of NASK with respect to the safety of IT systems, including in particular biometric identification methods. During the meeting, the participants also became familiar with the educational tools of NASK as well as the latest results of research on the use of the Internet by children and young people. 8th International Conference Keeping Children and Young People Safe Online, September 25th-26th 2014 The Conference was organized by the Polish Safer Internet Centre and the German consortium implementing the klicksafe project. The Conference was addressed to the representatives of the education sector, non-governmental organizations, judiciary, law enforcement authorities as well as Internet service and content providers. The aim of the 8th edition of the conference was to make the participants aware of the online behavior of children, latest online phenomena that may compromise the safety of children, educational action aimed at different groups of the public as well as to present the possibilities for reacting to alarming phenomena on the Internet. The Kursor 2.0 project The KURSOR 2.0 project is a continuation of the highly regarded KURSOR project. Within the framework of the new edition of the project, representatives of schools participate in the Polish KURSOR Educational Initiative and the schools that meet certain requirements are awarded the We know how! New technologies in schools certificate. The participants in the project have access to the tools and material of the edukator.pl educational portal as well as to multimedia material. The innovativeness of the training program for teachers lies in the presentation of the risks of cyberspace. The instructors provide teachers with information on, among others, the issue of computer and Internet addiction or the edu-nettiquette on the Internet. Moreover, the purpose of the project is to support teachers by providing them with literature on online safety which is aimed at parents. More information at: www.kursor.edukator.pl Cycle of the Innovative education conferences, January - March 2014 From November 2013 to March 2014 16 conferences were held on the use of multimedia in education and the promotion of the safe use of the Internet by students. The conferences were attended by about 24 DYŻURNET.PL

1,000 participants: representatives of the educational environment, local authorities and local government authorities as well as the media. During the conference, a representative of Dyżurnet.pl presented the activities of the team and encouraged the participants to make use of the material prepared within the framework of the KURSOR project. In selected cities, the conferences were accompanied by demonstration lessons conducted in lower secondary and upper secondary schools with the use of example multimedia of the KURSOR project. Cyber threats prevention, intervention, April, September 2014 In 2014 the project of the Office of the Marshal of the Małopolska Province and the Małopolska Province Police Headquarters was continued. Its aim was to take educational measures to counter cyber threats. The project was implemented in the Małopolska province and was addressed to 4th-6th grade students of primary schools as well as at their parents and teachers. Police officers that underwent training as part of the project informed students, teachers and parents about the risks faced by children online and about the safe use of new technologies, as well as about where support may be received. The project included a training on new trends relating to cyber threats and on the legal aspects of cybercrime. The interdisciplinary conference Sexual offences Legal, psychological and psychiatric perspective, September 8th-9th 2014. The NASK research institute, together with the University of Social Sciences and Humanities and the Central Forensic Laboratory of the Police, organized a national scientific conference Sexual offences legal, psychological and psychiatric perspective. It took place on September 8th-9th 2014 in the Poznań division of the University of Social Sciences and Humanities. The aim of the conference was to try to develop methods to improve the detection of sexual offenders and the efficiency with which judicial decisions are rendered in such cases. Another problem discussed during the conference was the rehabilitation of offenders and supervision over them. One other issue addressed during the conference was the online safety of children and young people. Experts of the Dyżurnet.pl team conducted workshops, during which they shared their experiences relating to the fight against dangerous and illegal online content related to the sexual abuse of minors. The experts also talked about the latest trends in cybercrime and the legal aspects of the distribution of CSAM. The panel speech, in turn, related to the current trends in preventing the publication and distribution of illegal child sexual abuse material as well as action taken at international level by INTERPOL and INHOPE. The Security Month campaign as part of the European Cyber Security Month (ECSM), October 2014. In October 2014 a European campaign aimed at promoting the awareness of safety in cyberspace took place for the third time in Europe (and for the second time in Poland). Within the framework 25 REPORT 2014

of the ECSM campaign, the European Commission, with the support of ENISA (European Union Agency for Network and Information Security), presents initiatives taken in European Union Member States (as well as in non-eu countries) addressed to a wide range of Internet users. The experts of Dyżurnet.pl were on a jury judging a competition for an article on cyber security. More information at: www.cybersecuritymonth.eu Trainings and workshops aimed at the representatives of the judiciary and law enforcement authorities Poznań, May, workshops for police officers on the technical aspects of Internet abuse. Jurata, November, training for the representatives of provincial cybercrime police units. Radom, November, Warsaw, December, training for crime prevention officers on the online safety of children and young people, Internet threats and the selected aspects of cybercrime. THE REPRESENTATIVES OF THE TEAM ALSO TOOK PART IN THE FOLLOWING EVENTS: Nowy Tomyśl, Krosno, Mińsk Mazowiecki, Gdynia, January March 2014, lectures for students and teachers on online safety. Siedlce, February, Siedlce University of Natural Sciences and Humanities, seminar for students on privacy on the Internet. Poznań, May, CEOP (Conference Safeguarding Children Training), lecture for police officers, teachers and social services workers about threats relating to the presentation by children and young people of sexual conduct during video chats. Warsaw, September, Science Festival, workshops on privacy for secondary school students and on online safety for primary school students. Warsaw, September, Science Day Festival, workshops on online safety and privacy for the finalists of the Polish national contest of the Science and Knowledge Foundation. Warsaw, October 22nd-23rd 2014, the Secure Conference. Annual conference on ICT security. It is organized by NASK and the CERT Polska team operating within its framework. During the 18th edition of the Conference, a representative of Dyżurnet.pl delivered a speech in which he talked about sexting. 26 DYŻURNET.PL

INTERNATIONAL COOPERATION The Dyżurnet.pl team is an active member of the INHOPE Association and the European Safer Internet network. The representatives of the team participate in many events organized by the two entities, which facilitates the establishment of cooperation with foreign partners. Brussels, April, Google European Youth and Tech Summit, meeting for European associations and nongovernmental organizations on safety policy, cooperation with law enforcement authorities, initiatives for the safety of children and young people on the Internet. Warsaw, June, Dubrovnik, November, meetings of the INHOPE Association, exchange of information between hotlines, verification of procedures and admission of new members of the Association. The meeting was opened by Rafał Trzaskowski, Minister of Administration and Digitization, and Professor Ewa Niewiadomska-Szynkiewicz, Research Director at NASK. During the meeting held in Warsaw, the representatives of the Management Board and Secretariat of the INHOPE Association as well as the members of the INHOPE Association had an opportunity to visit NASK and to get to know the Dyżurnet.pl team better. Lyon, June, training organized by INTERPOL for analysts on hotline teams. The subject of the training was strictly related to the assessment of child sexual abuse material. Berlin, October, meeting held as part of the BIK NET project on the exchange of information and on current trends in online offences related to the sexual abuse of minors. 27 REPORT 2014

RECOMMENDED PUBLICATIONS AND EDUCATIONAL MATERIALS Online children safety Companion for parents and professionals Book prepared by experts from the Polish Safer Internet Centre (NASK and the Nobody s Children Foundation), which incorporates information on various aspects of the safety of children and young people on the Internet. Alphabetically arranged entries relate both to Internet applications and services and to particular threats, including cyber violence or Internet abuse. www.saferinternet.pl Reports by Dyżurnet.pl Reports on the activities of the Dyżurnet.pl Team for the period from 2005 to 2013. They provide statistics and descriptions of trends and phenomena relating to dangerous online behavior in subsequent years. www.dyzurnet.pl Online threats. Selected phenomena Volume of the Internet Education and Safety series addressed to adults, presenting issues relating to online safety and methods of reacting to and preventing online threats. www.dyzurnet.pl Online threats, part 1 and 2 Guide for teachers and parents in the form of a poster. It includes, among others, advice on children online safety, overview of a procedure that should be implemented in schools in the cases of cyber-violence as well as instructions on how and where illegal online content should be reported. The posters were published in cooperation with the Centre for Education Development. www.ore.edu.pl Let s create a safer Internet Album with posters created by young artists as part of a campaign whose aim is to draw attention to the issue of online safety. www.plakat.edu.pl 28 DYŻURNET.PL