1. Technology often develops faster than laws can regulate it, creating privacy issues that laws must address, such as regarding Google Street View and CCTV. 2. The internet allows anonymity and global connectivity but challenges jurisdiction and law enforcement across borders. It also enables new forms of fraud, spam, and piracy. 3. Governments try to balance internet openness with protecting privacy, children, and intellectual property through domestic laws and international treaties, but perfect control is difficult given the internet's global nature.

1. the individual
and technology
Section 3 - Individual and the State
Term 2/3 2013

2. Main Syllabus Points
Hint: This section connects with the theme “society
moves ahead as the law limps behind”

3. 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.

4. • Increase use of technology will raise privacy
issues e.g Google Earth Streetview
• Use of CCTV may act as a deterrent for crime
but may impede on individual privacy rights
Technology and Privacy
Click Here

5. • 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
Jurisdiction of
cyberspace

6. Positives Negatives
Borderless system allowing
freedom of association
Increased Fraudulent/Corrupt
activity
Breaking down barriers
throughout the world
Difficult to enforce laws (cross
countries)
Debate on Cyberspace

7. • Should the Australian Government
introduce censorship to the internet in
the form of filtering out websites?
Discussion Point

8. internet filtering in australia

9. internet censorship

10. • 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
Legal Issues in Cyberspace

11. internet filtering

12. • 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

13. • 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

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

15. Where did spam come from?

16. • 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
Intellectual Property

17. • 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

19. copyright around the world

20. • Many new challenges are
faced by Copyright laws
due to further digital
technology developments
and the enforceability of
such laws
• File Sharing
• Software Copyright
infringement

21. metallica and napster

22. • 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

23. four chord song

24. • Rights granted for
any device, substance,
method or process
which is new,
inventive or useful
Patents

25. • Should file sharing be
legal in Australia?
Discussion Point

26. iinet v afact

27. • 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

28. • 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

29. Microchip technology

30. • 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
privacy concerns

31. • 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)

32. • 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

33. cybercrime

34. • 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
current legislation

35. • Crimes Act 1900 (NSW) –
crimes amendment
(computer offences) Act
2001 (NSW)
• Section 308 – computer
offences – hacking
• Spam Act 2003 (Cth)
Domestic Level

36. • Limited 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

37. • 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
country
future directions

38. • 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

39. internet revolution