55 research outputs found
Surfing the third wave of computing : consumer contracting with eObjects in Australia
Full text linkA third wave of computing is emerging, based on widespread use of processors with data handling and communications capabilities embedded in a variety of objects and environments not previously computerised, such as refrigerators, buildings, cars, fitness trackers and hairbrushes. With the ensuing sociotechnical change the possibility arises of a regulatory disconnection between current consumer protection law and new things, activities and relationships brought about by the third wave.
This third wave has had many names, including ubiquitous and pervasive computing, ambient intelligence and the Internet of Things. However, significant definitional inconsistencies and incoherencies exist, necessitating the development in this dissertation of a technical research framework. This framework involves abstracting and analysing the attributes of, and interactions among, the technologies, and defining a unifying concept for the central technological element, the eObject .
The dissertation proceeds to outline the categories of legal problems that can arise in the context of sociotechnical change, emphasising that not every instance of sociotechnical change operates outside the scope of existing legal rules. Therefore, new things, activities and relationships enabled by new technologies should first be judged against existing rules and their goals.
The attributes and interactions of eObjects are then interrogated to identify where sociotechnical change associated with eObjects might lead to challenges for consumers. The challenges identified are ones whose outcomes are in conflict with the goals of Australian consumer protection law, potentially giving rise to legal problems.
One of those identified challenges is examined in depth. Widespread digitisation of commerce has arguably given firms an enhanced ability not only to compile detailed customer profiles, but also to exploit consumers individual biases and vulnerabilities. This dissertation argues that 0pportunities for such digital consumer manipulation will be substantially increased by the widespread use of eObjects.
Provisions of the Australian Consumer Law (ACL) and related cases are examined to evaluate the effectiveness of Australian consumer protection law in the face of digital consumer manipulation facilitated by eObjects. Legal problems with the ACL are identified; and some mechanisms for reconnection of consumer law with its goals and purposes are outlined and analysed. This examination allows for a reflecting back on the utility of particular concepts and frameworks used in law and technology research
Kickstarting reconnection: an approach to legal problems arising from emerging technologies
Full text linkA new model, or ‘third wave’, of computing is emerging, based on the widespread use of processors with data handling and communications capabilities embedded in a variety of objects and environments that were not previously computerised. Various terms have been used to describe this third wave, including ‘ubiquitous’ and ‘pervasive’ computing, ‘ambient intelligence’, the ‘Internet of Things’ and ‘eObjects’. With the socio-technical change brought about by this third wave comes the possibility of a disconnection between the law and the new things, activities, and relationships enabled by this new model of computing. This disconnection may lead to legal problems of uncertainty, under- or over-inclusiveness of conduct in existing law, obsolescence, or the complete absence of laws regulating new behaviour. Early and rigorous identification and categorisation of legal problems is crucial for emerging technologies, to assist in avoiding two problems: the first being the stifling of beneficial innovation by over-regulation, the second the cementing of socially undesirable outcomes when vested interests are left too long unchecked. Although the technologies in the third wave are diverse, common attributes can be identified, and from examination of these attributes significant innovations are revealed. This paper examines these innovations to assist in identifying legal problems arising from the third wave
Enforceability of Clickwrap and Browsewrap Terms in Australia: Lessons from the U.S. and the U.K.
No full textComplex Regimes: How overlapping and inconsistent regulation constrains the adoption of cloud services
Full text linkInconsistent and unclear regulatory regimes for cloud-service providers could challenge
essential cyber security protections for Australians at a time of escalating cyber incidents and
geopolitical risk.
A plethora of Australian Government and state-based laws, devised incrementally over the last
15 years, has created a complex regulatory framework that is likely to result in increased costs,
variable compliance, and decreased confidence in the provision of cyber security services by
cloud service providers.
These unintended impacts have been revealed by research conducted by the Cyber Security
Cooperative Research Centre and SAP, working with UNSW Sydney and Deakin University.
The comprehensive review of the web of regulations faced by cloud-service providers found
the sector was subject to an array of national, international, state and sector-specific and
cross-sectoral obligations, not limited to the Security of Critical Infrastructure (SOCI) Act,
Privacy Act (PA), Protective Security Policy Framework (PSPF), National Institute of Standards and
Technology standards, Australian Energy Sector Cyber Security Framework and Resources and
Australian Prudential Regulation Authority (APRA) CPS 234-Information Security.
The complicated operating environment risks cruelling the rise of the cloud-computing industry, and
therefore could impede the cyber security maturity uplift of Australia’s business environment.
Cloud-service provision has been acknowledged as having ushered in increased efficiency and
functionality to local businesses. More than half (55 per cent) already relied on cloud providers
for core business functions in 2019-2020, according to the Australian Bureau of Statistics.
Given the importance of cloud-service provision to Australia’s cyber security, economy and
future productivity, this research seeks to provide clarity on a path forward for the sector.
It recommends four structural and process changes to improve governance arrangements for cloud service providers, boosting competition and cost-effective cyber security compliance
Risky Business: Legal Implications of Emerging Technologies Affecting Consumers of Financial Services
Full text linkSeit dem ersten IGF-Gipfel der Vereinten Nationen 2006 in Athen dient das Treffen Entscheidungsträgern als Forum und Informationsquelle – v.a., was die Nutzung neuer Technologien– einschließlich rechtlicher und politischer Konsequenzen – angeht. Die Diskussionsbeiträge der 6. Tagung in Polen zum Thema „Internet und neue Technologien“ sind in diesem Band zusammengefasst.</p
‘Click here to (dis)agree’: Australian law and practice in relation to informed consent
Full text linkThis article provides a detailed examination of issues with the legislative framework meeting consumer expectations in relation to informed consent, particularly in relation to the Privacy Act 1988 (Cth) and the Australian Consumer Law (ACL). It also discusses two potential areas that might assist in fleshing out the current minimalist legislative definition of consent: namely case law and guidelines issued by the Australian privacy regulator, the Office of the Australian Information Commissioner (the OAIC Guidelines). However the case law available in this area is sparse and provides little guidance. Additionally, the non-binding OAIC Guidelines, while referred to frequently in privacy determinations, appear to have little real effect in influencing the data practices of many firms. The article concludes that the current approach to regulating ‘ consent ’ has not provided adequate protections for consumers in light of extensive empirical evidence regarding consumer privacy preferences and attitudes regarding data practices
Will Emerging Information Technologies Outpace Consumer Protection Law? The Case of Digital Consumer Manipulation
Full text linkSubmission on ACCC Digital Platform Services Inquiry - Discussion Paper released for the fifth report
Full text linkParadox or Pressure? Consumer Expectations and the Australian Privacy Act
Full text linkThis article outlines the empirical evidence in Australia regarding consumer privacy expectations as to commercial dealings with their data. Despite widespread disclosure of personal information from consumers to businesses, the evidence indicates that consumers believe that their privacy is important, and their personal information should be protected from misuse. However, this so-called ‘privacy paradox’, where consumer behaviour in ‘ consenting ’ to substantial data collection of personal information is not, in fact, a paradox. Rather, it is explained by consumers ’ expectations and perceptions around data collection and handling by commercial entities: most importantly a perception by many that they have little or no choice or control over their personal information. It also shows that they expect the legal system to protect them against misuse of that data. With these expectations in mind, the article proceeds to introduce key parts of the general framework of the Privacy Act 1988 (Cth) under which digital data practices are currently regulated in Australia
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