Topic > Technology and the Law - 1236

In today's dynamic and interconnected world, new forms of technology coupled with recent case law and legislation have highlighted the profound shortcomings of Australian law in effectively keeping up with copyright infringements and privacy issues. When considering the effectiveness of the law in relation to the protection of individual rights, it is necessary to evaluate the ability of the law to enforce privacy and copyright legislation; respond proactively to problems created by new technologies; and, ultimately, whether or not justice for individuals has been achieved. Therefore, it is clear that the law has currently failed to address new technology to the detriment of individual rights. Despite this, the legal system is still doing everything it can to achieve fair outcomes for the majority of individuals. In relation to privacy issues, the unlimited nature of the Internet has posed problems for legislators to exercise enforcement outside its jurisdiction, resulting in a loss of individual rights. The growth in the use of online chat rooms and social networking sites such as Facebook have promoted "private" online communication. However, chat room information and message logs cannot be completely eliminated from cyberspace and can still be illicitly accessed and collected by cyber criminals and companies. The development of online data collection software has exceeded the law's ability to enforce privacy laws, allowing the illegal use of private information and in violation of individual rights. The 2012 U.S. federal court issue in Soble v. Google Inc. exemplifies the issue of enforceability of privacy laws, whereby the US legal system could only successfully exercise jurisdiction if the matter fell within its geographic area. ......Training Access Centre. 2009. http://www.legalanswers.sl.nsw.gov.au/hot_topics/pdf/cyberlaw (20/6/14) http://www.austlii.edu.au/cgi-bin/sinodisp/au/ cases/cth/HCA/1937/45.html Case Details: ABC v. Lenah. 2007. http://www.austlii.edu.au/cgibin/sinodisp/au/cases/cth/HCA/2001/63 (20/6/14) Case Note: ABC v Lenah. 2009. https://www.voiceless.org.au/content/case-note-abc-v-lenah-game-meats (21 /6/14)Sydney Morning Herald. 2011. http://www.smh.com.au/technology/technology-news/piracy-are-we-being-conned (22/6/14) State Library of NSW: Legal Information Access Centre. 2009. http://www.legalanswers.sl.nsw.gov.au/hot_topics/pdf/cyberlawWired. Duarte police case. 2007. http://www.wired.com/2007/11/pirate-fined-88/Milgate, Dally, Webster, Cornu, Kelly. 2010 Cambridge Legal Studies: Preliminary (Second Edition). Sydney. Cambridge University Press, pp 311 - 314