Martin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

I thank the delegates for their contributions. I want to tease out the issues a little. It was stated correctly that there were some pieces of legislation. I note that Deputy Donnchadh Ó Laoghaire has a Bill, as does Deputy Howlin. A number of Deputies have brought forward legislation to deal with some aspect of the subject. While that is part of it, our work involves looking at the bigger picture to see how it can be added to, expanded and turned into something which will be robust and strong enough to deal with these issues. I am aware, as the previous speaker said, that there is an international dimension as the material goes outside the jurisdiction. We do not how one would reach a platform based, for example, in Azerbaijan. That is one of our difficulties.

I return to the key points and the example Deputy Jim O'Callaghan gave or a similar case. While there is a civil case a person could take against an individual who has posted the piece of information or image and there may also be an element that could constitute a criminal case, the difficulty most people have is that, as regards the ability for it to be shared and the responsibility of those who share it, the company involved steps back and leaves the individuals involved to fight it out among themselves. The company gets away without having to take any real responsibility.

There are a couple of points I want to make. On traceability, surely there is a sense that there is almost a fingerprint for each individual engaged on the Internet. We all hear, at least anecdotally, that all of the companies are geniuses at being able to trace and know everything about every part of our lives and that they engage in all of this analysis to determine whether we like country and western music or opera, or whether we are into this, that or the other. From our interactions with others, they can almost identify people. If they are already doing this, mainly through the use of artificial intelligence and various algorithms, it suggests that it would not be that difficult to to identify each individual, even where someone uses a false name and identity. From his or her interactions with others, they will get to know who a person is and what is what. In being able to find out his or her identity, is there a case for making a company responsible for being able to identify each person?

The example of the automobile industry was given. For instance, if any of us here produced a piece of electronic equipment, we would have to send it away to be tested to obtain CE certification to indicate that it was valid and could be sold and used. Surely if any of us here produced an app, there should be an authority somewhere where it would have to be tested to ensure it was fit for purpose and use. Is there an international example of such an agency - An Garda Síochána might know - that does this or is there any effort at European level to do it?