THE INDIVIDUAL AND                    TECHNOLOGY                          Section 3 - Individual and the StateWednesday, 2...
MAIN AREASWednesday, 20 July 2011                2
MAIN AREAS                     misuse of interactive technologies 	                          cyber-bullying 	             ...
IMPACTS OF TECHNOLOGY ON                           THE INDIVIDUALWednesday, 20 July 2011                          3
IMPACTS OF TECHNOLOGY ON                           THE INDIVIDUAL                     Technology is often at the cutting e...
NATIONAL BROADBAND                          NETWORKWednesday, 20 July 2011                   4
JURISDICTION OF CYBERSPACE                                       ‘cyberspace’ coined by                                   ...
JURISDICTION OF CYBERSPACE                     Cyberspace is a global                     interconnection of millions     ...
INTERNET FILTERING                     IN AUSTRALIAWednesday, 20 July 2011                6
DEBATE ON CYBERSPACEWednesday, 20 July 2011                 7
DEBATE ON CYBERSPACE                                Positives                Negatives                            Borderle...
INTERNET                          CENSORSHIPWednesday, 20 July 2011                8
LEGAL ISSUES IN CYBERSPACEWednesday, 20 July 2011                                9
LEGAL ISSUES IN CYBERSPACE               Three distinct features of               cyberspaces and challenges for          ...
INTERNET FILTERING                          Q&AWednesday, 20 July 2011                10
Wednesday, 20 July 2011   11
2. It facilitates creativity                      The internet is a means of                      creating your own work (...
CYBERCRIME           HackingWednesday, 20 July 2011                12
CYBERCRIME           Hacking                          Hacking is the                          unauthorised access or      ...
Internet FraudWednesday, 20 July 2011   13
Internet Fraud                Internet fraud is the use of                the internet to misrepresent                or c...
Internet SpamWednesday, 20 July 2011   14
Internet Spam                     Spam is an unsolicited commercial electronic                     communication, includin...
WHERE DID SPAM                           COME FROM?Wednesday, 20 July 2011                    15
INTELLECTUAL PROPERTYWednesday, 20 July 2011                           16
INTELLECTUAL PROPERTY                     Intellectual property refers to the creations of the                     mind th...
CopyrightWednesday, 20 July 2011   17
Copyright               An exclusive right to publish,               copy, publicly perform,               broadcast, or m...
Wednesday, 20 July 2011   18
COPYRIGHT AROUND                     THE WORLDWednesday, 20 July 2011              19
Wednesday, 20 July 2011   20
Many new challenges are                faced by Copyright laws due                to further digital technology           ...
METALLICA AND                            NAPSTERWednesday, 20 July 2011                   21
TrademarksWednesday, 20 July 2011   22
Trademarks                  signs or symbols that give a person or                  corporation the legal right to use, li...
FOUR CHORD SONG                              Axis of AwesomeWednesday, 20 July 2011                         23
PatentsWednesday, 20 July 2011   24
Patents               rights granted for any               device, substance, method               or process which is new...
Discussion Point                          Should file sharing be legal in                                   Australia?Wedne...
IINET V AFACT                           Federal Court February 2010Wednesday, 20 July 2011                                ...
PRIVACY, SAFETY AND                              CENSORSHIPWednesday, 20 July 2011                         27
PRIVACY, SAFETY AND                                 CENSORSHIP                There are a number of ways individuals are v...
CYBERBULLYINGWednesday, 20 July 2011                   28
Disinhibition EffectWednesday, 20 July 2011             29
Disinhibition Effect                     the tendency to say and do things in cyberspace that                     the pers...
PRIVACY CONCERNS         Digital DossierWednesday, 20 July 2011                  30
PRIVACY CONCERNS         Digital Dossier                 all the types of information                 about a person that ...
The Privacy Act 1988 (Cth)Wednesday, 20 July 2011                31
The Privacy Act 1988 (Cth)                     Relates to how businesses should collect, store,                     use an...
PRIVACY ON THE                             INTERNETWednesday, 20 July 2011                    32
PROTECTING CHILDRENWednesday, 20 July 2011                 33
PROTECTING CHILDREN                    Traditional bullying was                    mainly physical and                    ...
RIGHTS IN CYBERSPACE         Laissez-faire – no regulation by            Interventionist – Government control         gove...
Electronic Frontier Foundation                     Founded in 1990                     defending free speech,             ...
CYBERCRIMEWednesday, 20 July 2011                36
CURRENT LEGISLATION                     Currently the law can only set minimum standards                     Protected und...
CYBER CRIMINALSWednesday, 20 July 2011                     38
Domestic Level                     Crimes Act 1900 (NSW) –                     crimes amendment (computer                 ...
International LevelWednesday, 20 July 2011         40
International Level                     Very few international treaties established                     The United Nations...
FUTURE DIRECTIONSWednesday, 20 July 2011                41
FUTURE DIRECTIONS              Governments are needed, to create an environment where              the rule of law prevail...
EBAY SCAMSWednesday, 20 July 2011                42
Strategies for Governments and Prosecution of                               IndividualsWednesday, 20 July 2011            ...
Strategies for Governments and Prosecution of                                Individuals                Achieving perfect ...
INTERNET                          CENSORSHIPWednesday, 20 July 2011                44
INTERNET                          REVOLUTIONWednesday, 20 July 2011                45
Government Challenges with CybercrimeWednesday, 20 July 2011                        46
Government Challenges with Cybercrime         New technologies allow cybercrime to         continue and encourage illegal ...
Global LawsWednesday, 20 July 2011   47
Global Laws         Transnational cybercrime is big business.         Companies often will not report on the         impac...
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Individual and Technology

  1. 1. THE INDIVIDUAL AND TECHNOLOGY Section 3 - Individual and the StateWednesday, 20 July 2011 1
  2. 2. MAIN AREASWednesday, 20 July 2011 2
  3. 3. MAIN AREAS misuse of interactive technologies cyber-bullying genetic profiling cyberspace privacy issues security and surveillance mobile phones Wednesday, 20 July 2011 2
  4. 4. IMPACTS OF TECHNOLOGY ON THE INDIVIDUALWednesday, 20 July 2011 3
  5. 5. 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.Wednesday, 20 July 2011 3
  6. 6. NATIONAL BROADBAND NETWORKWednesday, 20 July 2011 4
  7. 7. JURISDICTION OF CYBERSPACE ‘cyberspace’ coined by William GibsonWednesday, 20 July 2011 5
  8. 8. 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 GibsonWednesday, 20 July 2011 5
  9. 9. INTERNET FILTERING IN AUSTRALIAWednesday, 20 July 2011 6
  10. 10. DEBATE ON CYBERSPACEWednesday, 20 July 2011 7
  11. 11. DEBATE ON CYBERSPACE Positives Negatives Borderless system Increased Fraudulent/ allowing freedom of Corrupt activity association Breaking down barriers Difficult to enforce laws throughout the worldWednesday, 20 July 2011 7
  12. 12. INTERNET CENSORSHIPWednesday, 20 July 2011 8
  13. 13. LEGAL ISSUES IN CYBERSPACEWednesday, 20 July 2011 9
  14. 14. 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.Wednesday, 20 July 2011 9
  15. 15. INTERNET FILTERING Q&AWednesday, 20 July 2011 10
  16. 16. Wednesday, 20 July 2011 11
  17. 17. 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 worldWednesday, 20 July 2011 11
  18. 18. CYBERCRIME HackingWednesday, 20 July 2011 12
  19. 19. CYBERCRIME Hacking Hacking is the unauthorised access or changing of data stored on a computer The Cybercrime Act 2001 (Cth)Wednesday, 20 July 2011 12
  20. 20. Internet FraudWednesday, 20 July 2011 13
  21. 21. 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 ScamWednesday, 20 July 2011 13
  22. 22. Internet SpamWednesday, 20 July 2011 14
  23. 23. Internet Spam Spam is an unsolicited commercial electronic communication, including junk emails, SMS or instant messaging.Wednesday, 20 July 2011 14
  24. 24. WHERE DID SPAM COME FROM?Wednesday, 20 July 2011 15
  25. 25. INTELLECTUAL PROPERTYWednesday, 20 July 2011 16
  26. 26. 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.Wednesday, 20 July 2011 16
  27. 27. CopyrightWednesday, 20 July 2011 17
  28. 28. 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)Wednesday, 20 July 2011 17
  29. 29. Wednesday, 20 July 2011 18
  30. 30. COPYRIGHT AROUND THE WORLDWednesday, 20 July 2011 19
  31. 31. Wednesday, 20 July 2011 20
  32. 32. Many new challenges are faced by Copyright laws due to further digital technology developments File Sharing Software Copyright infringementWednesday, 20 July 2011 20
  33. 33. METALLICA AND NAPSTERWednesday, 20 July 2011 21
  34. 34. TrademarksWednesday, 20 July 2011 22
  35. 35. 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 registeredWednesday, 20 July 2011 22
  36. 36. FOUR CHORD SONG Axis of AwesomeWednesday, 20 July 2011 23
  37. 37. PatentsWednesday, 20 July 2011 24
  38. 38. Patents rights granted for any device, substance, method or process which is new, inventive or usefulWednesday, 20 July 2011 24
  39. 39. Discussion Point Should file sharing be legal in Australia?Wednesday, 20 July 2011 25
  40. 40. IINET V AFACT Federal Court February 2010Wednesday, 20 July 2011 26
  41. 41. PRIVACY, SAFETY AND CENSORSHIPWednesday, 20 July 2011 27
  42. 42. 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 privacyWednesday, 20 July 2011 27
  43. 43. CYBERBULLYINGWednesday, 20 July 2011 28
  44. 44. Disinhibition EffectWednesday, 20 July 2011 29
  45. 45. 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 vilificationWednesday, 20 July 2011 29
  46. 46. PRIVACY CONCERNS Digital DossierWednesday, 20 July 2011 30
  47. 47. PRIVACY CONCERNS Digital Dossier 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 informationWednesday, 20 July 2011 30
  48. 48. The Privacy Act 1988 (Cth)Wednesday, 20 July 2011 31
  49. 49. 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 individualsWednesday, 20 July 2011 31
  50. 50. PRIVACY ON THE INTERNETWednesday, 20 July 2011 32
  51. 51. PROTECTING CHILDRENWednesday, 20 July 2011 33
  52. 52. 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 encountersWednesday, 20 July 2011 33
  53. 53. RIGHTS IN CYBERSPACE Laissez-faire – no regulation by Interventionist – Government control governments • Individuals are capable of determining • Developing reasonable quality of websites quality internet content • Enacting legislation to impose obligation • Governments should not intervene in the on ISPs marketplace of ideas • Main areas of controlling: race hatred, • Organisation: Electronic Frontier child pornography Foundation http://www.eff.org/Wednesday, 20 July 2011 34
  54. 54. Electronic Frontier Foundation Founded in 1990 defending free speech, privacy, innovation, and consumer rights EFF is a donor-funded nonprofit organisationWednesday, 20 July 2011 35
  55. 55. CYBERCRIMEWednesday, 20 July 2011 36
  56. 56. 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 rightsWednesday, 20 July 2011 37
  57. 57. CYBER CRIMINALSWednesday, 20 July 2011 38
  58. 58. Domestic Level Crimes Act 1900 (NSW) – crimes amendment (computer offences) Act 2001 (NSW) Section 308 – computer offences – hacking Spam Act 2003 (Cth)Wednesday, 20 July 2011 39
  59. 59. International LevelWednesday, 20 July 2011 40
  60. 60. 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 cybercrimesWednesday, 20 July 2011 40
  61. 61. FUTURE DIRECTIONSWednesday, 20 July 2011 41
  62. 62. FUTURE DIRECTIONS Governments 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 countryWednesday, 20 July 2011 41
  63. 63. EBAY SCAMSWednesday, 20 July 2011 42
  64. 64. Strategies for Governments and Prosecution of IndividualsWednesday, 20 July 2011 43
  65. 65. 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 countriesWednesday, 20 July 2011 43
  66. 66. INTERNET CENSORSHIPWednesday, 20 July 2011 44
  67. 67. INTERNET REVOLUTIONWednesday, 20 July 2011 45
  68. 68. Government Challenges with CybercrimeWednesday, 20 July 2011 46
  69. 69. 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 countryWednesday, 20 July 2011 46
  70. 70. Global LawsWednesday, 20 July 2011 47
  71. 71. 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 legislationWednesday, 20 July 2011 47
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