34 Amendments of Victor NEGRESCU related to 2022/0155(COD)
Amendment 27 #
(1 a) The role of prevention should be emphasised by equipping children, parents and caregivers with the necessary instruments in order to develop situational awareness of the online environment, evaluate potential risks and support children in being safe online. In this regard, education facilities should have a greater role in contributing to this scope, reason for which civic education classes should also provide for the attainment of safe internet skills for children.
Amendment 31 #
Proposal for a regulation
Recital 3
Recital 3
(3) Member States are increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which diverge, have a direct negative effect on the internal market and lead to a fragmentation in the Union’s approach towards this phenomenon. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.
Amendment 33 #
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat online child sexual abuse in a manner that is effective and that respects the fundamental rights of all parties concerned. In view of the fast-changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology- neutral and future- proof manner, so as not to hamper innovation.
Amendment 44 #
Proposal for a regulation
Recital 22
Recital 22
(22) However, the finding of such a significant risk should in itself be insufficient to justify the issuance of a detection order, given that in such a case the order might lead to disproportionate negative consequences for the rights and legitimate interests of other affected parties, in particular for the exercise of users’ fundamental rights. Therefore, it should be ensured that detection orders can be issued only after the Coordinating Authorities and the competent judicial authority or independent administrative authority having objectively and diligently assessed, identified and weighted, on a case-by-case basis, not only the likelihood and seriousness of the potential consequences of the service being misused for the type of online child sexual abuse at issue, but also the likelihood and seriousness of any potential negative consequences for other parties affected. With a view to avoiding the imposition of excessive burdens, the assessment should also take account of the financial and technological capabilities and size of the provider concerned. In this regard, close cooperation is advisable so as to have a comprehensive view of all the information required in order to perform the assessment in a clear and detailed manner.
Amendment 50 #
Proposal for a regulation
Recital 36
Recital 36
(36) Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question in a timely manner. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to be assisted by the EU Centre in this regard, via the Coordinating Authorities.
Amendment 57 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The role of prevention should be emphasized by vesting children, parents and caregivers with the necessary instruments in order to develop situational awareness of the online environment, evaluate potential risks and support children in being safe online. In this regard, education facilities should have a greater role in contributing to this scope, reason for which civic education classes should also provide for the attainment of safe internet skills for children.
Amendment 58 #
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat online child sexual abuse in a manner that is effective and that respects the fundamental rights of all parties concerned. In view of the fast-changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology- neutral and future- proof manner, so as not to hamper innovation.
Amendment 59 #
Proposal for a regulation
Recital 36
Recital 36
(36) Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question in a timely manner. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to be assisted by the EU Centre in this regard, via the Coordinating Authorities. .
Amendment 60 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The role of prevention should be emphasized by vesting children, parents and caregivers with the necessary instruments in order to develop situational awareness of the online environment, evaluate potential risks and support children in being safe online. In this regard, education facilities should have a greater role in contributing to this scope, reason for which civic education classes should also provide for the attainment of safe internet skills for children.
Amendment 61 #
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat online child sexual abuse in a manner that is effective and that respects the fundamental rights of all parties concerned. In view of the fast-changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology- neutral and future- proof manner, so as not to hamper innovation.
Amendment 62 #
Proposal for a regulation
Recital 36
Recital 36
(36) Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question in a timely manner. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to be assisted by the EU Centre in this regard, via the Coordinating Authorities. .
Amendment 64 #
Proposal for a regulation
Recital 66
Recital 66
(66) With a view to contributing to the effective application of this Regulation and the protection of victims’ rights, the EU Centre should be able, upon request, to support victims and to assist Competent Authorities by conducting searches of hosting services for the dissemination of known child sexual abuse material that is publicly accessible, using the corresponding indicators. Where it identifies such material after having conducted such a search, the EU Centre should also be able to request the provider of the hosting service concerned to remove or disable access to the item or items in question, as soon as possible, given that the provider may not be aware of their presence and may be willing to do so on a voluntary basis.
Amendment 65 #
Proposal for a regulation
Recital 67
Recital 67
(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse. In this connection, the EU Centre should cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned. For this scope, the EU Centre can also aid in the implementation of awareness campaigns and contribute to the establishment and improvement of specific guidelines and proposals for mitigation measures respectively, so as to ensure accuracy and up to date solutions in tackling online child sexual abuse.
Amendment 66 #
Proposal for a regulation
Recital 67 a (new)
Recital 67 a (new)
(67 a) In carrying out its mission, the EU Centre should also ensure transversal cooperation with education facilities, where appropriate, and digital education hubs, to also integrate this dimension of the prevention component, in order for children to become aware of the potential risks posed by the online environment.
Amendment 67 #
Proposal for a regulation
Recital 67 b (new)
Recital 67 b (new)
(67 b) Considering the essential role teachers can play in guiding children on safely using information society services and detecting potentially malicious behaviour online, teacher training should be organized and implemented across the Union, in a coherent manner, benefitting from the knowledge and expertise of the EU Centre.
Amendment 68 #
Proposal for a regulation
Recital 66
Recital 66
(66) With a view to contributing to the effective application of this Regulation and the protection of victims’ rights, the EU Centre should be able, upon request, to support victims and to assist Competent Authorities by conducting searches of hosting services for the dissemination of known child sexual abuse material that is publicly accessible, using the corresponding indicators. Where it identifies such material after having conducted such a search, the EU Centre should also be able to request the provider of the hosting service concerned to remove or disable access to the item or items in question, as soon as possible, given that the provider may not be aware of their presence and may be willing to do so on a voluntary basis.
Amendment 68 #
Proposal for a regulation
Recital 70
Recital 70
(70) Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines are in the frontline in the fight against online child sexual abuse. The EU Centre should leverage the network of hotlines and encourage that they work together effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union. Furthermore, a special green line with a call centre assistance service will be constituted at EU level in order for victims and their families to receive support in a timely manner.
Amendment 70 #
Proposal for a regulation
Recital 72 a (new)
Recital 72 a (new)
(72 a) In view of ensuring an adequate degree of expertise and skills for investigative purposes, specialized training of law enforcement officers will be introduced with the support of the EU Centre, especially considering rapid technological advancements where new methods, techniques and instruments require adapting preventive and mitigation efforts regarding online child sexual abuse.
Amendment 71 #
Proposal for a regulation
Recital 67
Recital 67
(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse. In this connection, the EU Centre should cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned. For this scope, the EU Centre can also aid in the implementation of awareness campaigns and contribute to the establishment and improvement of specific guidelines and proposals for mitigation measures respectively, so as to ensure accuracy and up to date solutions in tackling online child sexual abuse.
Amendment 73 #
Proposal for a regulation
Recital 67 a (new)
Recital 67 a (new)
(67 a) In carrying out its mission, the EU Centre should also ensure transversal cooperation with education facilities, where appropriate, and digital education hubs, to also integrate this dimension of the prevention component, in order for children to become aware of the potential risks posed by the online environment.
Amendment 74 #
Proposal for a regulation
Recital 67 b (new)
Recital 67 b (new)
(67 b) Considering the essential role teachers can play in guiding children on safely using information society services and detecting potentially malicious behaviour online, teacher training should be organized and implemented across the Union, in a coherent manner, benefitting from the knowledge and expertise of the EU Centre.
Amendment 74 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Providers of hosting services shall provide reasonable assistance, on request, in a timely manner, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider.
Amendment 75 #
Proposal for a regulation
Article 21 – paragraph 2 – point 1 (new)
Article 21 – paragraph 2 – point 1 (new)
Amendment 77 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point a
Article 43 – paragraph 1 – point 6 – point a
(a) collecting, recording, analysing and providing information, providing analysis based on anonymised and non-personal data gathering, and providing expertise on matters regarding the prevention and combating of online child sexual abuse, in accordance with Article 51, including in view of updating guidelines on prevention and mitigation methods for combatting child sexual abuse, especially for the digital dimension as per new technological developments;
Amendment 78 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)
Article 43 – paragraph 1 – point 6 – point b a (new)
(b a) contribute to the implementation of awareness campaigns as per the potential risks posed by the online environment to children, in order to equip them with adequate skills for detecting potential grooming and deceit, to ensure safe use of the internet by children and to better implement the prevention component of online child sexual abuse;
Amendment 79 #
Proposal for a regulation
Recital 70
Recital 70
(70) Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines are in the frontline in the fight against online child sexual abuse. The EU Centre should leverage the network of hotlines and encourage that they work together effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union. Furthermore, a special green line with a call centre assistance service will be constituted at EU level in order for victims and their families to receive support in a timely manner.
Amendment 79 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b b (new)
Article 43 – paragraph 1 – point 6 – point b b (new)
(b b) assisting with expertise and knowledge in the development and implementation of teacher training across the Union, in order to vest teachers with the necessary skills for guiding children on safely using information society services and detecting potentially malicious behaviour online;
Amendment 81 #
Proposal for a regulation
Recital 72 a (new)
Recital 72 a (new)
(72 a) In view of ensuring an adequate degree of expertise and skills for investigative purposes, specialized training of law enforcement officers will be introduced with the support of the EU Centre, especially considering rapid technological advancements where new methods, techniques and instruments require adapting preventive and mitigation efforts regarding online child sexual abuse.
Amendment 96 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Prior to preparing its risk assessment, the provider shall be advised upon the specific requirements in order to ensure that the risk assessment is thorough, accurate and detailed. The provider may request the EU Centre to perform an analysis of representative, anonymized data samples to identify potential online child sexual abuse, to support the risk assessment.
Amendment 108 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Providers of hosting services shall provide reasonable assistance, on request, in a timely manner, to persons residing in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider.
Amendment 109 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
In this regard, a special green line with a call centre assistance service will be established, in order for victims and their families to receive support in a timely manner. That Coordinating Authority shall transmit the request to the EU Centre through the system established in accordance with Article 39(2) and shall communicate the results received from the EU Centre to the person making the request.
Amendment 128 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point a
Article 43 – paragraph 1 – point 6 – point a
(a) collecting, recording, analysing and providing information, providing analysis based on anonymised and non-personal data gathering, and providing expertise on matters regarding the prevention and combating of online child sexual abuse, in accordance with Article 51, including in view of updating guidelines on prevention and mitigation methods for combatting child sexual abuse, especially for the digital dimension as per new technological developments;
Amendment 133 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)
Article 43 – paragraph 1 – point 6 – point b a (new)
(b a) contribute to the implementation of awareness campaigns as per the potential risks posed by the online environment to children, in order to equip them with adequate skills for detecting potential grooming and deceit, to ensure safe use of the internet by children and to better implement the prevention component of online child sexual abuse;
Amendment 135 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b b (new)
Article 43 – paragraph 1 – point 6 – point b b (new)
(b b) assisting with expertise and knowledge in the development and implementation of teacher training across the Union, in order to equip teachers with the necessary skills for guiding children on safely using information society services and detecting potentially malicious behaviour online;