1,721,051 research outputs found
'Access all areas': function creep guaranteed in Australia's ID Card Bill
Graham Greenleaf argues that the federal government\u27s \u27access card\u27 proposals should be rejected by parliament. He argues that inadequacies in the bill make it close to inevitable that the access card system will develop into a national identification system, contrary to the government\u27s promise to the Australian people, and contrary to their interests
Creating commons by friendly appropriation
Graham Greenleaf argues that the operation of internet-wide search engines constitutes the creation of an intellectual commons. The history and features of the Google search engine are the principal example. They illustrate what is probably a very unusual method by which commons are created, which Greenleaf calls \u27friendly appropriation.\u27 He identifies eight conditions which are conducive to the creation of commons by friendly appropriation. Some examples are given of other situations which may constitute friendly appropriation, and of some which do not. Instances of commons arising by this means may be rare, but a fully-developed theory of intellectual commons needs to recognise when they occur
The challenge to privacy from ever increasing state surveillance: a comparative perspective
This article explores how internet surveillance in the name of counterterrorism challenges privacy.
Introduction
International terrorism poses serious threats to the societies it affects. The counter-terrorism measures adopted since 2001 have sought to limit the advance of terrorism but, in the process, also created enormous challenges for (transnational) constitutionalism. Long-held and cherished principles relating to democracy, the rule of law and the protection of a wide range of human rights have come under increasing strain. Legislative authority to shoot down hijacked aircrafts or to use lethal drones against suspected terrorists affect the right to life; waterboarding of prisoners and other inhumane practices contravene the prohibition of torture; extraordinary renditions and black sites circumvent constitutionally protected rights and processes, including the right to freedom and security, the right to a fair trial and due process for suspected terrorists; ill-defined terrorism offences undermine the rule of law and personal freedom; blanket suspicion of Muslims as terror sympathisers impacts on freedom of religion and leads to unfair discrimination; and mass surveillance of communication sweeps away the right to privacy.
This article explores how internet surveillance in the name of counterterrorism challenges privacy. In Part II, the article analyses the international dimension of counter-terrorism measures and the conceptualisation of data protection and privacy in the European Union (‘EU’), the United States of America (‘US’) and Australia. Part III compares the different concepts of data protection and privacy, and explores the prospects of an international legal framework for the protection of privacy. Part IV concludes that work on international data protection and privacy standards, while urgently needed, remains a long-term vision with particularly uncertain prospects as far as antiterrorism and national security measures are concerned
Digitising and searching Australasian colonial legal history
The paper explains the construction, content and features of the first version of the Australasian Colonial Legal History Library.
Australasia has a rich and complex legal history since the first European settlement, and our knowledge of legal practice and precedent in the colonies of Australasia is still developing. The Australasian Colonial Legal History Library project is an ARC-funded project being carried out by the Australasian Legal Information Institute (AustLII) since January 2012 with input from 18 legal historians from Universities across Australia. Cooperation with other parties who have already built invaluable and pioneering online resources for Australasian colonial law is an essential part of the project.AustLII is a free access online service which has operated since 1995 as a joint facility provided by UNSW and UTS Law Faculties , and now provides over 500 databases, with usage of over 700,000 page accesses per day. The Colonial Legal History Library project is therefore being built within a large and mature research infrastructure, and this presents challenges as well as advantages. In particular, many of the AustLII databases cover the whole period from the formation of a colony to the present, so the databases for this Library have to be ‘virtual’ databases extracted from this larger corpus.The paper explains the construction, content and features of the first version of the Library, which as of July 2012 contains 12 databases including one case law database from each of the seven colonies (including New Zealand), some of which are ‘recovered’ cases from newspaper reports, the complete annual legislation to 1900 from three of the colonies, plus legal scholarship concerning the colonial era. These databases provide over 20,000 documents so far, and the Victorian Government Gazette 1851-1900 another 200,000. The Library also includes the LawCite citator, which allows the subsequent citation history of any colonial case to be tracked, including if cited by courts outside Australasia.The medium term aim of this part of the ARC project (which extends to 1950 in its full scope) is to include all legislation, reported cases, and cases which can be ‘recovered’, from the inception of each colony to 1900. Scholarship (old and new) and key source materials are also being added, as budgets permit.
Authored by Graham Greenleaf, Philip Chung, Andrew Mowbray and Brent Salter
Creating commons
This special issue of the online journal SCRIPT-ed, introduced by Graham Greenleaf, is based on the Unlocking IP 2006 Conference, held last year at the University of New South Wales. Contributors include Lilian Edwards, Graham Greenleaf, Ben Bildstein, Catherine Bond, Roger Clarke, Jessica Coates, Melissa de Zwart, and Diane Nicol
Going Beyond Counting First Authors in Author Co-citation Analysis
The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
We provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
We conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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