Public Security versus Social Media: Dipartimento di Giurisprudenza 18TH WORLD CONGRESS  OF CRIMINOLOGY Delhi NCR, India | 15th-19th December 2016 Session 61 Social Media, Venue Hall 4 Time 3:30 p.m. 5.30 p.m. Public Security versus Social Media: Study on Criminal Law Aspects of Social Media

Better understanding the role of new social media networks and their use for public security purposes This topic shall look at the role and purpose of social media and the relationship between the new social networks and public security. Research to be coordinated by this activity may focus on analysing the following issues: T o what extent are social media likely to influence public security planning? Shall the adoption of social media across the public security community be treated as a threat or a tool for public security purposes? Shall the potential of social networking tools be explored by public security agencies for example in order to predict future trends or identify possible threats?

Purpose of presentation · To which extent, in the age of the connected society, are social media used in the eve of urban violence and riots? How can the understanding of the different social media influence on the populations lead to the shaping of new forms of policing in the public space? · What are the ethical and legal implications, for instance with reference to the respect for fundamental rights, of public agencies using social media information for security planning purposes?

Public security vs Social media By focusing on criminal law enforcement, thanks to the pillars of EU enlargement strategy, at the core of the project is the elaboration of concept: who protects who in a virtual world? Criminal law It aims to understand the development and consequences of the most important alternative to real crimes in the Society of Risk in time of collapse of the public security and the transformation of social control forms. Cyber- law

CRIMNAL LAW as (possible) answer Information Technology and "social" telecommunication technologies have caused relevant changes in criminal law and criminal procedure, showing –first of all- how a crime could have its effects at many more locations than the place where the perpetrator acted. Google earth and social companies increase the locus commissi delicti, in a virtual world where a lot of people are online in different-technological-ways. Orwellian memories here we are! The Big Brother is watching all of us because of the traces we leave. In a space of freedom to express and communicate, Internet is a new big planet of possible, real offences.

criminal legal analysis fir the paper will go beyond a traditional legal dogmatic analysis, as it aims to lay the foundations for a new conceptualisation of offences, jurisdiction and locus delicti, conflicting jurisdiction, transnational dimension of cyber crime, criminal liability of legal entities; the searching of evidence in cyber space; the age “below which it is prohibited to engage in sexual activities with a child”;

specific focus on children’s protections especially for what concerns the potential threats such as 1) child exploitation; (2) production, distribution, and possession of child pornography; (3) exposure to harmful content; (4) grooming, harassment, and sexual abuse; and (5) cyber bullying. The latest technologies make it easier for criminals to contact children in ways that were not previously possible.

specific focus on children’s protections Children are particularly vulnerable to the exploitation of online predators because they rely heavily on networking websites for social interaction. Offenders use false identities (who is the perpetrator?) in chat rooms to lure victims into physical meetings, thus connecting the worlds of cyber and physical crime. When this happens, virtual crime often leads to traditional forms of child abuse and exploitation such as trafficking and sex. The victims of online exploitation must live with their abuse for the rest of their lives.

CYBER LAW as phenomenon dogmatic and sociological analysis of emergency trends in human behaviours, known as Sexting and the recognition of new mental disease, called Internet Addiction Disorder (IAD)in DSM V, 2014

Criminal penalties recognition of penal fines for legal entities as form of Harmonization of Criminal Enforcement of EU policies, analysing the implications of their use in the transformation of social control strategies. This shows interesting paradoxes: from their consolidation from Beccaria and Bentham as one of the pillars of the current crime management strategies, along with imprisonment, to their gradual decline in favour of an increase in sentences depriving people of rights.

Criminal law as paradigm of complexity The project focuses on the mechanisms, instruments and practices relating to issues connected to information society in criminal perspective -to identify the offenses beside national and international criminal systems on the respect of legality principle

CRIMINAL LAW ASPECTS (the rule of law and due process on guaranteeing compliance). Which conduct is crime? (definition at national and European level of sexual abuse, child pornography, the participation of a child in pornography performances, child prostitution, corruption of children, solicitation of children for sexual purposes); which conduct is crime? Can we criminalize the virtual sexual acts? Which sanctions? Are attempt, aiding or abetting of these criminal conducts criminal offences?

Statistical perspectives -to identify the offenses beside national and international criminal systems applying the principles of jurisdictions (territoriality, active and passive nationality, personality, universality). -to identify the locus delicti. Starting from the legal concepts for locating conduct to a specific place of commission, where is the locus delicti in cyberspace? (Italian and French Doctrines discuss on a-territoriality as a form of “loss of location).

Criminal law factors Short term Medium term Long run term )Which issues to support a basic theory, when an offence has been committed on own territory and its effects are above around the globe? Which norms to apply (the conduct or the effects of the crime respecting the territoriality; the atrocity of crime, respecting the universal jurisdiction; the transnational dimension of crimes)? This is a crucial point that plays a significant role in practice and in legal systems. Short term Medium term Long run term

Criminal law aspects To identify the victims The grow of the Internet gives criminals greater opportunities to entrap new victims, including children, specifically in times of emergencies for the security of under age citizens; -To identify the criminal liability for legal entities (host providers). to emphasis the gravity of phenomenon; -to undertake measures taken by European Countries on protecting children against sexual exploitation and sexual abuse on the Internet; -To share good practices and to facilitate international cooperation activity.