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  • Essay / Technology and the Law - 1236

    In today's dynamic and interconnected world, new forms of technology and recent case law and legislation have highlighted the profound gaps in Australian law to effectively track the pace of copyright violations and privacy issues. In examining the effectiveness of the law in relation to its protection of individual rights, it is necessary to assess the law's ability to enforce privacy and copyright laws; proactively respond to problems created by new technologies; and ultimately, whether or not justice was served to the individuals. It is therefore obvious that the law has failed to take into account new technologies to the detriment of individual rights. Regardless, the legal system nevertheless does what it can to achieve fair outcomes for the majority of individuals. When it comes to privacy issues, the unrestricted nature of the Internet has created problems for lawmakers to exercise enforcement outside its jurisdiction, resulting in a loss of individual rights. The increasing use of online chat rooms and social networking sites such as Facebook has promoted "private" online communication. However, chat room information and message logs cannot be completely removed from cyberspace and can still be accessed and collected illegally by cybercriminals and businesses. The development of online data collection software has outpaced the law's ability to enforce privacy laws, enabling the illegal use of private information and in violation of individual rights. The Soble v. Google Inc., filed in the United States Federal Court in 2012, illustrates the issue of enforceability of privacy laws, which held that the American legal system could only successfully exercise jurisdiction if the case fell within its geographical area. ......Training access center. 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 New South Wales: Information Center access to legal information. 2009. http://www.legalanswers.sl.nsw.gov.au/hot_topics/pdf/cyberlawWired. Duarte 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