individual and technology

THE INDIVIDUAL AND TECHNOLOGY

Section 3 - Individual and the State

1Wednesday, 20 July 2011

MAIN AREAS


MAIN AREAS

misuse of interactive technologies

cyber-bullying

genetic profiling

cyberspace

privacy issues

security and surveillance

mobile phones


IMPACTS OF TECHNOLOGY ON THE INDIVIDUAL


IMPACTS OF TECHNOLOGY ON THE INDIVIDUAL

Technology is often at the cutting edge of development which often comes first before decisions are made on making law.

The main force changing law is the creation of the internet – Over 1.5billion users in the world.


NATIONAL BROADBAND NETWORK


JURISDICTION OF CYBERSPACE

‘cyberspace’ coined by William Gibson


JURISDICTION OF CYBERSPACE

Cyberspace is a global interconnection of millions of computers over the internet.

No government or court can claim cyberspace as its exclusive jurisdiction (power) ‘cyberspace’ coined by

William Gibson


INTERNET FILTERING IN AUSTRALIA


DEBATE ON CYBERSPACE


DEBATE ON CYBERSPACE

Positives Negatives

Borderless system allowing freedom of

association

Increased Fraudulent/Corrupt activity

Breaking down barriers throughout the world Difficult to enforce laws


INTERNET CENSORSHIP


LEGAL ISSUES IN CYBERSPACE


LEGAL ISSUES IN CYBERSPACE

Three distinct features of cyberspaces and challenges for legal regulation

1.It facilitates anonymity

easy to hide your real identity, creating pseudonyms (avatars)

IP addresses can be used to identify a computer, software programs can be used to encrypt internet activity.


INTERNET FILTERING Q & A


2. It facilitates creativity

The internet is a means of creating your own work (blogs, websites, social-networking)

3. It is global

cyberspace lacks national boundaries

online communities can be found throughout the whole world


Hacking

CYBERCRIME


Hacking is the unauthorised access or changing of data stored on a computer

The Cybercrime Act 2001 (Cth)

Hacking

CYBERCRIME


Internet Fraud


Internet fraud is the use of the internet to misrepresent or conceal information to betray, deceive or mislead

Unsolicited Email

Pyramid Selling

Phishing

Nigerian Scam

Internet Fraud


Internet Spam


Spam is an unsolicited commercial electronic communication, including junk emails, SMS or instant messaging.

Internet Spam


WHERE DID SPAM COME FROM?


INTELLECTUAL PROPERTY


INTELLECTUAL PROPERTY

Intellectual property refers to the creations of the mind that have commercial value.

e.g inventions, literary works, artistic works, software programs

Intellectual property is protected under many international treaties

In order for it to be protected the idea has to be developed into something tangible – software program, essay or cd.


Copyright


An exclusive right to publish, copy, publicly perform, broadcast, or make an adaption of certain forms of expression, namely sounds, words or visual expression

Copyright Act 1968 (Cth)

Copyright


COPYRIGHT AROUND THE WORLD


Many new challenges are faced by Copyright laws due to further digital technology developments

File Sharing

Software Copyright infringement


METALLICA AND NAPSTER


Trademarks


signs or symbols that give a person or corporation the legal right to use, license or sell the product or service for which it is registered

Trademarks


Axis of Awesome

FOUR CHORD SONG


Patents


rights granted for any device, substance, method or process which is new, inventive or useful

Patents


Should file sharing be legal in Australia?

Discussion Point


Federal Court February 2010

IINET V AFACT


PRIVACY, SAFETY AND CENSORSHIP


There are a number of ways individuals are vulnerable in cyberspace:

cyberbullying

cyberstalking

racial hatred

exposure to violent, disturbing and/or illegal material

exposure to adult material

intrusions into privacy

PRIVACY, SAFETY AND CENSORSHIP


CYBERBULLYING


Disinhibition Effect


the tendency to say and do things in cyberspace that the person wouldn’t ordinarily say or do in the face-to-face world

rude language, harsh personal criticism, or violent online games, threats, cyberbullying or cyberstalking, racial hatred

The Racial Hatred Act 1995 (Cth) protects any forms of racial online vilification

Disinhibition Effect


PRIVACY CONCERNSDigital Dossier


PRIVACY CONCERNS

all the types of information about a person that he or she has put onto the internet, held in multiple locations

Individuals have little control over how the most powerful search engines use their information

Digital Dossier


The Privacy Act 1988 (Cth)


Relates to how businesses should collect, store, use and disclose personal information

The Privacy Act needs to align itself with modern issues in protecting individuals

The Privacy Act 1988 (Cth)


PRIVACY ON THE INTERNET


PROTECTING CHILDREN


Traditional bullying was mainly physical and occurred in the playground, classroom and walking home from school. Now it occurs at home using the internet.

Online predators enticing young people into harmful encounters

PROTECTING CHILDREN


RIGHTS IN CYBERSPACE

Laissez-faire – no regulation by governments

Interventionist – Government control

•  Individuals are capable of determining quality internet content

•  Governments should not intervene in the marketplace of ideas

•  Organisation: Electronic Frontier Foundation http://www.eff.org/

•  Developing reasonable quality of websites

•  Enacting legislation to impose obligation on ISPs

•  Main areas of controlling: race hatred, child pornography


Founded in 1990

defending free speech, privacy, innovation, and consumer rights

EFF is a donor-funded nonprofit organisation

Electronic Frontier Foundation


CYBERCRIME


CURRENT LEGISLATION

Currently the law can only set minimum standards

Protected under major international legislation

Right to privacy

Right to freedom of expression

Certain limits are placed on domestic enforcement of these rights


CYBER CRIMINALS


Crimes Act 1900 (NSW) –crimes amendment (computer offences) Act 2001 (NSW)

Section 308 – computer offences – hacking

Spam Act 2003 (Cth)

Domestic Level


International Level


Very few international treaties established

The United Nations – Controls issues of Intellectual Property through the agency World Intellectual Property Organisation (WIPO)

World Trade Organisation – Deals with issues of intellectual property

European Union – Convention on Cybercrime (2001) – prevention of specific cybercrimes

International Level


FUTURE DIRECTIONS


FUTURE DIRECTIONSGovernments are needed, to create an environment where the rule of law prevails and where law enforcement mechanisms will deter those who break the law

Governments who do not have regulated laws are discouraging big business from operating in their country


EBAY SCAMS


Strategies for Governments and Prosecution of Individuals


Achieving perfect legal control is quite often just too expensive

Controlling content from internet service providers

Initiating financial intermediaries such as Paypal

Making arrests of individuals suspected of cybercrime

Extraditing suspects from other countries

Strategies for Governments and Prosecution of Individuals


INTERNET CENSORSHIP


INTERNET REVOLUTION


Government Challenges with Cybercrime


New technologies allow cybercrime to continue and encourage illegal activity

Only developed nations have the resources and finances to counter act upon cybercrime

The balance of freedoms vs censorship

Cybercrime laws are different from country to country

Government Challenges with Cybercrime


Global Laws


Transnational cybercrime is big business. Companies often will not report on the impact it has to their business e.g a bank’s internet theft problems

threats of cyberterrorism still loom. Attacks on electronically controlled infrastructure.

Council of Europe’s Convention on Cybercrime (2001) is one of the only legally binding pieces of legislation

Global Laws


individual and technology

Education