Technology and the law

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Recommended: How is technology changing our understanding of privacy

In today’s dynamic and interconnected world, new forms of technology along with recent case law and legislation has highlighted the profound shortcomings of Australian law in effectively keeping pace with breaches in copyright and issues of privacy. In considering the effectiveness of the law in relation to its protection of individual rights, there is a need to evaluate the law’s ability in enforcing privacy and copyright legislation; responding proactively to the issues created by new technology; and ultimately, whether or not justice has been achieved for individuals. Thus, it is evident that the law has presently failed to address new technology at the expense of individual rights. Albeit this, the legal system is nonetheless doing what it can to achieve fair outcomes for a majority of individuals.

In relation to issues of privacy, the boundless nature of the internet has posed problems for lawmakers in exercising enforcement outside of its jurisdiction, resulting in a loss of individual rights. The growth in usage 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 deleted from cyberspace and can still be accessed and collected illicitly by cyber criminals and businesses. The development of online data collection software has surpassed the law’s ability to enforce privacy laws, enabling private information to be used unlawfully and in breach of individual rights. The United States 2012 federal court matter in Soble v. Google Inc. exemplifies the issue of enforceability of privacy laws, whereby the US legal system could only successfully exercise its jurisdiction if the matter was within its geogra...

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...formation 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)
NSW State Library: Legal Information Access Centre. 2009. http://www.legalanswers.sl.nsw.gov.au/hot_topics/pdf/cyberlaw
Wired. 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

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