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
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
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
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
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
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
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
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
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
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
