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Australia has formally recognized the importance of digital identity and has raised the issue of reciprocal rights and duties between the government and its citizens. Australia is the first country to articulate digital citizenship in these terms. This paper considers the respective rights and duties of government and citizens that could be included in a digital citizenship charter, and the likely legal implications. The paper explores these aspects in relation to digital identity because of its increasing commercial and legal importance. The author argues that considering the consequences for individuals, the right to identity, as an international fundamental human right, should now be recognized and protected in relation to digital identity. The argument is presented that recognition and protection of this right is an essential component of a model of accountable and responsible digital citizenship. While the paper uses the Australian concept of digital citizenship as the basis for the discussion, the issues are relevant to all jurisdictions implementing e-government initiatives that require an individual to use digital identity for transactions. [ABSTRACT FROM AUTHOR]

Consumer information and its communication in the digital space has undergone a paradigm shift in the past decade. Online reviews are one form of consumer information which is gaining increasing commercial value and consumer influence. Retailers, marketers, PR firms, competitors and commercial online review providers are all implicated in exploiting this situation through the strategic creation and dissemination of fake online reviews. Recent studies suggest that fake online review prevalence is escalating and representing a growing problem in terms of online informational accuracy and potentially, market regulation. The UK Advertising Standards Authority has already found against TripAduisor in this regard and other ubiquitous, highly popular review platforms are increasingly being examined by regulators for review accuracy as well. This paper considers fake online reviews and their potentials to mislead consumers, breach consumer laws and to undermine market efficacy. An examination of Australian law reveals that misleading and deceptive conduct and false testimonials in the form of fake online reviews are potentially actionable and that cases are starting to emerge which justify regulatory action. The paper also considers potential legal, technical and industry solutions, such as mandating best practice fake review detection and increasing enforcement and consumer education actions. The author concludes with the view that whilst the online environment is infinitely evolving and challenging, Australian consumer law is presently adequate to the task - provided that deficiencies in legal enforcement, fake review detection and consumer awareness are proactively addressed. [ABSTRACT FROM AUTHOR]

The advent of cloud computing has led to a dispersal of user data across international borders. More than ever before, law enforcement investigations into cybercrime and online criminal activity require cooperation between agencies from multiple countries. This paper examines recent changes to the law in Australia in relation to the power of law enforce-ment agencies to effectively investigate cybercrime insofar as individuals and organisa-tions make use of cloud infrastructure in connection with criminal activity. It concludes that effective law enforcement operations in this area require harmonious laws across jurisdictions and streamlines procedures for granting assistance between law enforcement agencies. In conjunction with these mechanical developments, this paper posits that law enforcement officers require a systematised understanding of cloud infrastructure and its operation in order to effectively make use of their powers. [ABSTRACT FROM AUTHOR]

Abstract: This paper examines the concept of digital identity which the author asserts is now evident in the United Kingdom as a consequence of the Identity Cards Act (UK) 2006 and the National Identity Scheme it establishes. The nature and functions of the concept, particularly the set of information which constitutes an individual''s transactional identity, are examined. The paper then considers the central question of who, or what, is the legal person in a transaction i.e. who or what enters into legal relations. The analysis presents some intriguing results which were almost certainly not envisaged by the legislature. The implications extend beyond the United Kingdom to similar schemes in other jurisdictions, and to countries, like Australia, which may implement such a scheme. [Copyright &y& Elsevier]

Online behavioural advertising (OBA) comes to consumers at a price. Often unknowingly, people deliver up commercially-valuable personal information as a condition of online user experience, functionality and access. Websites are increasingly tracking user behaviours for commercial purposes and social media derives its income largely from data collection and advertising targeted to the personal disclosures and behavioural attributes which are its data-production mainstay. In this context, consumers face a plethora of information collection practices, all designed to generate data analytics including inferential and predictive profiling to create a ‘digital identity’ for OBA purposes. In this subterranean exchange, consumers are economically redefined as data subjects and advertising targets; a reframing which is perhaps why the OBA industry faces a crisis in consumer concern, both as to privacy and trust. This paper proposes that the regulatory control of OBA in Australia is in disarray. Consumer ignorance of online privacy management and OBA practices is demonstrable. Industry transparency, disclosure, consent processes and compliance practices are questionable. Regulator interest is minimal, industry self-regulation is weak and consumer technical ability and personal responsibility is a last fragile line of defence. Data breaches are ubiquitous in a crowded and poorly-audited supply chain, and entail significant adverse consumer consequences. Yet despite these serious concerns, Australian regulators are failing to respond to OBA issues, either through mandating greater industry disclosure or through regulatory action. The author seeks to expose these weaknesses in calling for consumer and privacy regulators to take more meaningful action to better protect consumers' interests online. [ABSTRACT FROM AUTHOR]

Given the relatively new phenomenon of online child exploitation -- an important area of criminological and policy concern - it is difficult to obtain long term trend data on reported convictions. Existing legislative and prosecution-based approaches, while important, are unlikely to be adequate. This analysis of the legislative and prosecution-based responses in five Commonwealth countries (Australia, Canada, New Zealand, South Africa and United Kingdom), highlights the need for clear national and international definitions as the lack of consistency in the international legislative environment creates opportunities for sexual exploitation of children. To provide a multi-faceted and non-prosecutorial approach to address online child exploitation including the commercial exploitation of children, this paper identifies five potential research questions. [ABSTRACT FROM AUTHOR]

Abstract: The beginning of the 21st century saw the beginning of substantial debate on “open access” to the Internet and the related concept of “network neutrality”. This paper is a short introduction to some of the complexities of the debate, focussing on the difficulties of attempting to regulate rapidly developing technologies, as well as particular issues of price and market regulation in Australia. Generally, network neutrality advocates believe that without regulation, telecommunications companies will use their control over “last mile” infrastructure to engage in discriminatory and anti-competitive practices against content providers. Opponents argue that this concern is illusory, and regulatory restrictions requiring neutrality will in their turn restrict innovation by network providers. In Australia, most discussion has focussed on price and market regulation. However, many Australian opponents of network neutrality say that it is an American problem, irrelevant to Australia, because of different pricing models for the Australian broadband market. [ABSTRACT FROM AUTHOR]

Abstract: This paper aims to provide an analysis of the current regulatory environment, at the federal level, of privacy protection concerning biometrics in Australia. The study only focuses on the federal Privacy Act 1988 (Cth) and the Biometrics Institute Privacy Code. The discussion is based on the legal concerns of the use of biometrics, and an analysis is made concerning the implications of privacy protection sources. [Copyright &y& Elsevier]

Abstract: As the facts that led to the Dow Jones/Gutnick-decision of the High Court of Australia (10 December 2002) illustrate, the Internet is a powerful platform for communication. Its continuous worldwide accessibility urges discussion of a number of questions regarding tort jurisdiction. These are the starting points for some critical remarks regarding states'' reciprocal claims to cross-border activities and the way in which they deal with the interests of the involved parties. For tort jurisdiction, the paper proposes and applies criteria for the assessment of the place where the harmful event has occurred or may occur (art. 5, subsection 3 Regulation 44/2001), as explained by the European Court of Justice of the European Union. Special attention is hereby given to some particularities that characterize Internet torts. On the one hand it concerns the alleged global assignment of jurisdiction that art. 5, subsection 3 may lead to and on the other hand the scope of the assigned jurisdiction in the court of the place where the damage occurs. The European approach is confronted with the principles of personal jurisdiction that are embedded in long arm statutes and the Due Process Clause, as applied in some leading American cases regarding Internet jurisdiction. It leads to suggestions regarding the development of a marginal test for the reasonableness of the jurisdiction art. 5, subsection 3 could lead to in a particular case, as well from the point of view of the weight of the connecting factor as to the scope of the jurisdiction that is based upon it. [Copyright &y& Elsevier]

Abstract: Australia''s Federal Government introduced into Parliament the Human Services (Enhanced Service Delivery) Bill 2007 on 7 February 2007 to establish its ‘access card’ ID system. The Bill is only half of the blueprint for the ID system: the other half is yet to come in a Bill or Bills not yet seen. This paper analyses the Bill and explains the dangerous opportunities for ‘function creep’ that the Bill provides; how the Register will constitute an unprecedented accumulation of personal information on Australians; how it only defines the ‘Commonwealth area’ of the chip and not the equally sensitive ‘cardholder’ area; how offences which are supposed to prevent abuses are illusory in many situations; and how all governments are exempt from offences. The ‘access card’ proposal carries with it the same dangers as the ‘Australia Card’ proposal rejected by Australians 20 years ago, but is more dangerous because of its greater technical sophistication. The ‘access card’ scheme remains extremely contentious and the Bill''s passage is not a certainty. An Appendix contains a list of amendments to the Bill which would make it less dangerous, though still misconceived. [Copyright &y& Elsevier]

Abstract: In 2006 the Australian government began to debate its ideas for the possible domestic introduction of what it called a ‘health and social services access card’. Apparently mindful of the demise of original proposals in the 1980s for an ‘Australia Card’ that was firmly rejected by the people of Australia at the time, the government has strongly denied that the present debate is really about a new national ID card for Australia. This paper looks into the history of this discussion and suggests that, call it what you will, the ID card issue is now very clearly back on the agenda. [Copyright &y& Elsevier]