Dissertations / Theses on the topic 'Information technology – Law and legislation'
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1
Wong, Man-him, and 黃文謙. "Government's role in information technology: a case study of the deregulation of the Hong Kong telephone services." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1985. http://hub.hku.hk/bib/B31974648.
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Garcia, Natanya. "Anti-circumvention technology legislation in Canada : drafting a new law in the wake of the DMCA." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19625.
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In becoming a signatory to the World Intellectual Property Organization (WIPO) Treaties, Canada has undertaken the obligation to provide protection against the circumvention of technological measures designed to protect copyright works. While on its face the obligation appears simple, in reality it brings about an intersection of policy, law and technology; a complex situation with far reaching repercussions. The U.S., a co-signatory to the WIPO Treaties, responded to this tension by enacting the Digital Milennium Copyright Act (DMCA), which heavily regulated circumvention technology and garnered wide-spread criticism. Critics labeled the law as unpredictable and overbroad legislation, which has chilled free speech, violated fair use, stifled research and study and encouraged monopolies by eliminating competition. Drawing largely on the U.S. experience, this thesis aims to suggest a possible route for Canada to take when fulfilling its own obligations under the WIPO. It will begin with a review of the relevant provisions of the Treaties to determine the extent of Canada's obligation. It will then examine Canada's proposal papers and the responses of its citizens to the questioned posed regarding future anti-circumvention legislation. It will also examine the DMCA in detail and attempt to distil its flaws. Finally, it will investigate the extent of the need for new anti-circumvention legislation in Canada by examining Canada's existing laws dealing with the protection of technology measures. Such process will provide evidence that Canada has, to a large extent, complied with its obligations under the WIPO while maintaining the delicate balance between the stakeholders of copyright law. Thus while new anti-circumvention legislation may still be in order, Canada has the latitude to craft a law that fully recognizes the rights of all stakeholders in the copyright equation and is consistent with its own copyright policies.
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Parnell, Paul P. "Information technology law : 'micro-agreements' in systems integration and outsourcing projects : recognising and managing the legal implications of day to day interactions between parties to large and complex information technology projects." Thesis, View thesis, 2000. http://handle.uws.edu.au:8081/1959.7/25573.
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This work describes the concept of 'micro-agreement', representing the many forms of interaction occurring between parties involved in large and complex information technology projects. Micro-agreements can provide benefits as well as disadvantages to such projects and need to be effectively managed. This work begins by describing the nature of information technology projects from an engineering perspective, particularly in light of the problems that may occur. The existing legal doctrines that are relevant to such projects are then described and expanded into the concept of a micro-agreement. The concept of micro-agreement is supported through the analysis of a number of csae studies relevant to the information technology industry, together with further analysis of legal relationship models. A number of key recommendations are made which provide support for gaining maximum benefits from micro-agreements. These recommendations include: linking information technology contracts to software engineering best practice; using an appropriate legal relationship model; and developing an industry wide Information Technology Code of Conduct.
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Sullivan, Camille. "Two's legal but three's a crowd : law, morality and three-parent embryos: regulation of mitochondrial replacement therapy." Thesis, Canberra, ACT : The Australian National University, 2013. http://hdl.handle.net/1885/109247.
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Van, Loenen Bastiaan. "Access to Geographic Scientific and Technical Data in an Academic Setting." Fogler Library, University of Maine, 2001. http://www.library.umaine.edu/theses/pdf/vanLoenenB2001.pdf.
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Mostert, Charl. "The benefits of contractual causes in mitigating project failures using business system projects." Thesis, Cape Peninsula University of Technology, 2014. http://hdl.handle.net/20.500.11838/1778.
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Dissertation submitted in partial fulfilment of the requirements for the degree
Master of Technology of Technology: Business Information Systems
in the Faculty of Business
at the Cape Peninsula University of TechnologyThis study evaluates the utilisation and effectiveness of contract clauses in Information Technology (IT) and Information System (IS) projects in South Africa to address and mitigate key risks associated with these types of projects. This study established whether specific clauses were being utilised to address key risks, and where clauses were being utilised, whether these clauses were effective in addressing and mitigating the impact of these key risks. The need for the study arose because the researcher had experienced on several occasions in his workplace that contracts which appeared fail-safe during the negotiation stage did not reach the proposed targets, let alone maturity of the agreement. To establish whether colleagues in similar positions in computer-based organisations experienced similar disruptions a quantitative questionnaire was distributed to organisations in the Johannesburg area to gain an insight into their risk profile. Risk could arise from the contract construction and/or wording. Reference was made to the contracts in the engineering environment where standard contracts have been in place for a number of years. Specifically the New Engineering Contract (NEC) of 2011 and the Professional Services Contract were consulted. The study concentrated on four categories of risk identified in a literature review, namely corporate management risk, project management risk, resource utilisation risk and technology risk, which resulted in 42 sub-factors examined. The population of suitable and relevant IT and IS companies could not be definitely established but the researcher made telephonic contact with known organisations and 24 participants agreed to participate in the exercise; 12 service providers and 12 clients of providers, where 78% of participants experienced one or more of the risk factors, and 53% used NEC standard contracts.
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Lundström, Justus, Jonas Widriksson, and Viktor Zaunders. "Changes in media consumption and file sharing : The impact of legislation and new digital media services." Thesis, Jönköping University, JIBS, Business Informatics, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-12534.
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In this study we investigate how the attitude and behaviour concerning illegal file shar-ing have changed among the young population in Sweden. The study will analyze the impact of the IPRED law that was introduced in April 2008 and new digital media ser-vices that have emerged in the last couple of years. It is also evaluated which of these have had the most impact on the attitude and behaviour of the selected population.
The main part of our research consists of a quantitative survey handed out to a sample population among high school students (ages 16-20) in Jönköping, Sweden. This pri-mary data is later compared to secondary data from a similar study that was done on the same demographics two years prior to this research in order to measure the change in behaviour and attitude. The previous study was conducted prior to the IPRED law im-plementation by one of the authors. We also used prior research within this subject and related fields to further understand and interpret our data.
What we have discovered through our research is that there has been a decrease in ille-gal file sharing, especially when considering music, however this decrease is much more an effect of the adopting of new media services then it can be attributed to the IPRED law. Furthermore, the attitudes towards file sharing have remained unchanged and a large number of young adults do not feel that file sharing should be illegal.
It is also concluded that good legal alternatives to file sharing have a large market po-tential if these services can fulfil consumers demand on availability and price. Addition-ally we have found that good legal alternatives are important if the public is to refrain from returning to their old file sharing habits once the initial scare from new legislation has worn off.
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Desai, Mohammed Reza. "An integrated approach for information security compliance in a financial services organisation." Thesis, Cape Peninsula University of Technology, 2016. http://hdl.handle.net/20.500.11838/2396.
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Thesis (MTech (Information Technology))--Cape Peninsula University of Technology, 2016.The aim of this research is to identify and explore the factors affecting information security compliance of information security policies and regulations, in a financial services organisation. The organisation has to comply with information security regulations and legislations by righteousness of its operations in light of the fact that any wrong doing together with misuse of data, are continually expanding. Corporate embarrassments comes about due to rupture of security, results in expanded thoughtfulness regarding corporate consistency. Legislature and policies have been set up to counter information security issues. This legislature and policies are not adequately addressing the compliance issues that arise, but are needed within organisations. Compliance targets are not met due to inconsistent guidelines that turns out to be significant in diminishing the financial position, reputation and security of information. This research further aims to explore whether employees comply with laws and regulations regarding information in an organisation. This is done in order to confirm whether governance and human factors play any significant part in compliance. The research is an exploratory study and specifically analyses the governance function and which stakeholders influence its operations in information compliance. The research investigates certain questions on organisational culture and the human factor, do influence employee’s compliance to laws and regulations. The objectives of the research are to investigate which factors, and how such factors influence compliance of information security policies and compliance with the goal of designing an integrated framework to assist in counteracting these findings. The research is underpinned by the Neo-institutional theory, Agency Theory and Rational choice theory. The Denison organisational cultural model and a framework proposed by von Solms are used as lenses to interpret the data of the research.
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Wang, Jia. "Copyright : rebalancing the public and private interests in the areas of education and research." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/85834.
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Thesis (LLD)--Stellenbosch University, 2013.The general public should have wide access to copyrighted materials for education and research. However, since the current copyright law system subtly favors copyright holders, it is time to re-evaluate copyright law to ensure it meets its original purpose of promoting the learning of the society. The research primarily focuses on how to broaden copyright limitations and exceptions for the public to access and use learning materials. Within the framework of the copyright law system, other mechanisms that allow users to access copyrighted materials at a reasonable price also are considered. Such mechanisms include an efficient collective copyright management system and various licensing schemes. In an information network environment, it is time for developing countries to reform copyright law in order to promote education and research. It is hoped the findings of this study not only benefit South Africa and People's Republic of China, but also provide insights and guidelines to other developing countries with similar conditions.
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Cruz, Thelma Letícia Lemes da. "Formação docente normativa por meio da Wiki." Universidade Tecnológica Federal do Paraná, 2016. http://repositorio.utfpr.edu.br/jspui/handle/1/2251.
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Acompanha: Formação normativa docenteEsta investigação tem por objetivo o desenvolvimento de um produto educacional para a formação continuada de professores, na escola, por meio de um instrumento tecnológico Wiki. O problema consistiu em que medida a formação continuada desenvolvida por meio do instrumento tecnológico, a Wiki, poderia contribuir para a capacitação docente em sua hora-atividade? Assim, analisou-se o processo de construção e de aplicação de um curso de formação continuada sobre a legislação educacional, aplicada a professores do Ensino Médio, em uma escola pública do Norte do Paraná. O curso foi elaborado pela investigadora e instrumentalizado por meio da Wiki. O instrumento tecnológico Wiki se apresenta com recurso pouco utilizado na Educação Básica do Estado do Paraná. Parti-se da ideia de que o uso planejado desse instrumento poderá viabilizar um recurso capaz de promover formação continuada realizada na escola. O referencial teórico-metodológico está centrado na formação continuada na escola como abordada por Imbérnon (2013), Sampaio e Leite (2013) e Libâneo, Oliveira e Toschi (2012). Como resultado, tem-se a viabilidade da formação continuada na escola, com o emprego da hora-atividade docente, desde que haja uma mudança na cultura organizacional no contexto de uma escolar gestão democrática.
This research aims at the development of an educational product for the continuing education of teachers, in the school, through a technological tool Wiki. The problem was how far the continuous training developed through the technological instrument, Wiki, could contribute to the teacher training in its time-activity? Like this, the process of construction and application of a continuing education course on educational legislation applied to high school teachers in a public school in the north of Paraná was analyzed. The course was developed by the researcher and instrumentalized through the Wiki. The Wiki technology tool presents itself with a little used resource in the Basic Education of the State of Paraná. I started from the idea that the planned use of this instrument could enable a resource capable of promoting continued formation in the school. The theoretical-methodological reference is centered on the continued formation in the school as approached by Imbérnon (2013), Sampaio and Leite (2013) and Libâneo, Oliveira and Toschi (2012). As a result, there is the viability of continuing education in the school, with the use of teaching time-activity, as long as there is a change in organizational culture in the context of a democratic school-based management.
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Cofone, Ignacio Nicolas <1987>. "Privacy Tradeoffs in Information Technology Law." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2015. http://amsdottorato.unibo.it/7246/4/Cofone_Ignacio_tesi.pdf.
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The thesis aims to make the dynamics of the tradeoffs involving privacy more visible; both theoretically and in two of the central current policy debates in European data protection law, the right to be forgotten and online tracking. In doing so, it offers an explanation for data protection law from an economic perspective and provides a basis for the evaluation of further data protection measures.
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Cofone, Ignacio Nicolas <1987>. "Privacy Tradeoffs in Information Technology Law." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2015. http://amsdottorato.unibo.it/7246/.
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The thesis aims to make the dynamics of the tradeoffs involving privacy more visible; both theoretically and in two of the central current policy debates in European data protection law, the right to be forgotten and online tracking. In doing so, it offers an explanation for data protection law from an economic perspective and provides a basis for the evaluation of further data protection measures.
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Maldonado, Maya. "Elastiska bibliotek : en undersökning av två folkbiblioteks formbarhet och gränser med hjälp av begreppet elasticitet." Thesis, Uppsala universitet, Institutionen för ABM, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-183389.
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The purpose of this Master thesis is to examine whether the term elasticity is relevant and functional to apply to public library organisations. Another aim of the thesis is to relate the term elasticity to public library organisations in a network society. Sociologist Manuel Castells provide the theoretical framework on the network society. Three investigations (meant to complement each other) in two Swedish public libraries seek to give answers to these questions.To be able to examine which areas of public library activity are elastic, I make a rough definition of what public library organisations consist of – nine activity fields are identified using IFLA’s guidelines in combination with Swedish law of public libraries. I also define elasticity. Three qualities make the term interesting to apply to public libraries: 1) elastic objects (libraries) have an ideal shape, 2) they (libraries) are moulded when pressure is applied from outside, and 3) when pressure applied from outside becomes too intense, elastic objects (libraries) break (or become dysfunctional).The essay undertakes three investigations in Alby public library and Dieselverkstaden public library in Nacka (both in Stockholm). In the first investigation two aspects of elasticity (in relation to public libraries) are examined: One aspect regards how elasticity is expressed in two texts that govern public libraries in Sweden – Swedish law and IFLA’s guidelines for public library activity. Is elasticity intrinsic in these norms and in what way? Secondly a comparison is made between how elasticity is expressed in these normative texts and the actual situations in two public libraries, in which way they are elastic, and what discrepancies there are between texts and scenarios from practice. I study the library – its collections, public activities, documents and rules and regulations regarding loans.In the second investigation I aim to find out how the visitors of public libraries shape the library, how they perform pressure on it. Short survey-like interviews are completed with twenty visitors at the two libraries.The third investigation consists of interviews with two members of the staff at each library. These interviews assist me in the process of developing thoughts regarding elastic libraries in a network society.Results show that the term elasticity is relevant but evasive. It becomes clear that studying IFLA’s guidelines and Swedish library law will not answer the question where the elasticity of the activity fields end. That limit seems to become evident only when examining libraries in practice. I find that five activity fields can be called elastic (in practice): the collections, the librarians, to give access to information and ICT, the library room and environment and management.Results also show that qualities that signify the network society combined with political changes, affect the way public libraries are perceived and opinions of how they ought to be managed. This is what I consider to be pressure on a global level. I also find that this pressure is difficult to measure.
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Andre, Edward E. "Investigating information management weaknesses in a local government organisation: A critical hermeneutic ethnographic case study of internet documents from information warfare and legal perspective(s)." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2005. https://ro.ecu.edu.au/theses/633.
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In this thesis I develop an approach to analyse and interpret internet documents belonging to a particular organisation in a State of Australia. My intention in the research is to find ways to protect a local government organisation from litigation and other threats due to weaknesses in information management on the internet. Based on Gadamer's (1985) approach to the interpretation of text discourse, this thesis is a critical hermeneutic ethnographic case study of one local government organisation investigating internet docunents from information warfare and legal perspective(s).
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Wunderlin, Beverly J. "The Regulation of Medically Assisted Procreation in Europe and Related Nations and the Influence of National Identity, Social Cultural, and Demographic Differences." Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3192/.
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This study details the Medically Assisted Procreation regulations in thirty-five nation-states, and explores the influence of national identity, social cultural and demographic differences on these regulations. Detailed data were gathered from ministries of health, offices of prime ministers, embassy staff, and others on regulations for each nation. These data were used to categorize the nations in regard to MAP legislation status and regulatory policy regarding marital or age restrictions; posthumous conception; sperm, ovum, or embryo donation, surrogacy; and policy on handling donors. Possible associations between national identity, social cultural, and demographic data for each nation and their regulations were explained. The thirty-five nations were treated as a population with common geographical and political ties. PRE methods, and eta coefficients were used to assess the associations. Sixteen nations have adopted MAP legislation, eight nations have either alternative regulatory guidelines or partial structures, four nations have legislation pending and possibly some laws, and seven nations are unregulated. Based upon statistical analysis, language group emerges as an important indicator for differences in MAP regulations. For example knowing a nation's language group enabled percent improved prediction of that nation's regulatory handling of embryo donation. The percent GDP spent on health care was found to have a substantial or moderate association with most regulations. The findings of this study indicate that the cultural roots associated with national identity as well as economic circumstances such as health care budgets impact the policy making process responsible for the regulation of MAP in Europe. Among other mediating circumstances, MAP related family law cases brought to the European Court of Human Rights create an accumulation of judge-made law, which help create a common European standard. This study of the European region provides a baseline for further research and a reference for cross cultural comparisons.
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Kalaf, William M. "Arizona law enforcement biometrics identification and information sharing technology framework." Thesis, Monterey, California : Naval Postgraduate School, 2010. http://edocs.nps.edu/npspubs/scholarly/theses/2010/Mar/10Mar%5FKalaf.pdf.
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Thesis (M.A. in Security Studies (Homeland Security and Defense))--Naval Postgraduate School, March 2010.Thesis Advisor(s): Bergin, Richard ; Josefek, Robert. "March 2010." Description based on title screen as viewed on April 28, 2010. Author(s) subject terms: Arizona Criminal Justice Commission, biometrics technology, biometrics identification, facial recognition, fingerprint identification, law enforcement, information sharing, criminal information sharing, Arizona, Mexico, New Mexico, Texas, California, RISC, AFIS, IAFIS, NGI, governors border conferences, Central America, south west border initiative. Includes bibliographical references (p. 87-92). Also available in print.
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Saint-Jacques, Guillaume B. "Information technology and the rise of the power law economy." Thesis, Massachusetts Institute of Technology, 2015. http://hdl.handle.net/1721.1/103212.
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Thesis: S.M. in Management Research, Massachusetts Institute of Technology, Sloan School of Management, 2015.Cataloged from PDF version of thesis.
Includes bibliographical references (pages 36-38).
We show that the dramatically increasing share of income going to top earners can be explained by the rise of the "power law economy" and argue this reflects increased digitization and networks. Specifically, tax data (1960-2008) show that a bigger share of individual incomes are drawn from a power law, as opposed to the long-established log-normal distribution. We present a simple theoretical model to argue that the increased role of power laws is consistent with the growth of information technology, because digitization and networks facilitate winner-take-most markets. We generate four testable hypotheses, and find they match the data. (1) Our model, incorporating power laws, fits the data better than any purely log-normal distribution, (2) the increase in the variance of the log-normal portion of the distribution has slowed, suggesting a slowing of skill-biased technical change, (3) more individuals now select into the power law economy, (4) there is more skewness within that economy.
by Guillaume B. Saint-Jacques.
S.M. in Management Research
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Amoraal, Lezel. "Internet-regulering in Suid-Afrika : staat of internasionaal?" Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53471.
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Thesis (MPhil)--Stellenbosch University, 2003.ENGLISH ABSTRACT: The Internet has become such an integral part of computer users' daily existence that it seems as if it has always been there. The Internet with its unique borders - or lack of borders - places an enormous burden on geographically based legal systems. Regulation, that has specifically been designed for the Internet, is a necessity because virtually every aspect of the law is challenged by the Internet and that many legal frameworks are inadequate to deal with the Internet. The other aspect which complicates the Internet even more, is that there is no specific organisation, business or government to whom the Internet belongs. Individuals and organisations have rights to the web pages that they own on the Internet, but there is no ownership of the Internet in its entirety. The development of the Internet in South Africa took place during a difficult time in the country's history. The apartheid era initially limited the growth of the Internet. Much of the existing legislation in South Africa has been partially adapted to accommodate the Internet, but the government could not envisage what the actual impact of the Internet would be and consequently they reacted when it came to the regulation of the Internet. In 2002 the Electronic Communication and Transaction Act 25 of2002 came into operation. In fact, the physical component of the Internet has already been regulated to a degree by the pure coincidence as a result of its physical presence. This is because the backbone of the Internet had not originally been created by the Internet, but by the telephone. There are a number of legislative Internet-organisations that are, among others, responsible for the technical standards of the Internet, dispute resolutions and in general what is important for the Internet community. Various international conventions regulate specific aspects of the Internet such as copyright, intellectual property rights, domain names, trademarks and cyber crime. The international conventions and agreements are an important step in the direction of standardised regulation. However, the lack of borders creates problems surrounding jurisdiction of the cyber space.
AFRIKAANSE OPSOMMING: Die Internet het al so deel van rekenaargebruikers se alledaagse bestaan geword dat dit soms wil voorkom asof dit maar nog altyd daar was. Die Internet met sy unieke grense - of sy gebrek aan grense - plaas 'n groot las op geografies gebaseerde regstelsels. Regulering wat spesifiek vir die Internet ontwerp is, is 'n noodsaaklikheid, aangesien byna elke aspek van die reg deur die Internet uitgedaag word en baie regsraamwerke onvoldoende is om die Internet te hanteer. Wat die regulering van die Internet verder kompliseer, is dat daar nie een spesifieke organisasie, onderneming of regering is aan wie die Internet behoort nie. Individue en organisasies het regte tot die webwerwe wat hulle op die Internet besit, maar daar is nie eienaarskap van die Internet in sy geheel nie. Die ontwikkeling van die Internet in Suid-Afirka het tydens 'n moeilike tydperk in die Suid- Afrikaanse geskiedenis plaasgevind. Die apartheidsera het die aanvanklike ontwikkeling en groei van die Internet in Suid-Afrika beperk. Verskeie bestaande Suid-Afrikaanse wetgewing is deels aangepas om die Internet te akkommodeer, maar die regering het nooit besef wat die werklike impak van die Internet sou wees nie en het gevolglik re-aktief te werk gegaan wanneer dit by die regulering van die Internet gekom het. In 2002 het Suid-Afrika se Elektroniese Kommunikasie en Transaksies Wet 25 van 2002 in werking getree. Die regulering van die fisieke komponente van die Internet is tot 'n mate as gevolg van sy fisieke teenwoordigheid deur blote toeval, gereguleer. Dit is omdat die ruggraat van die Internet nie oorspronklik vir die Internet geskep is nie, maar vir die telefoon. Daar bestaan verskeie wetgewende Internet-organisasies wat onder meer verantwoordelik is vir die tegniese standaarde van die Internet, dispuutresolusie en wat oor die algemeen aan die belange van die Internet-gemeenskap wil voldoen. Verskeie internasionale konvensies reguleer spesifieke aspekte van die Internet soos kopiereg, intellektuele eiendomsreg, domeinname en handelsmerke en kubermisdaad. Die internasionale konvensies en verdrae is 'n belangrike stap in die rigting van gestandaardiseerde regulering. Tog skep die grenslose omstandighede van die Internet probleme rondom jurisdiksie in die kuberruim.
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Lenik, Jean-Sébastien. "Prix de transfert & accords de repartition des couts (ARC)." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30314.
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This thesis examines the transfer pricing issue within the perspective of setting up a cost contribution arrangement for the international management of intangible property.To this end, the first part presents the general rules governing the transfer pricing area in Australia, Canada, France, and the United States. The provisions of these countries will serve as a guiding line of this study. The first part presents, as well, the OECD Transfer Pricing Principles.
The second part examines the structural alternatives of the CCA tax vehicle.
The third part addresses the CCA concept itself.
The fourth part deals with the operational functioning of a CCA. The new challenges and the multiple issues raised by this new tax structure are addressed as well as the tax planning perspectives opening up through transfer pricing.
Finally, the fifth part questions the new dynamics of the conflicts between tax administrations generated by the CCA vehicle.
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Yannopoulos, George Nicholas. "Modelling the legal decision process for information technology applications in law /." The Hague : Kluwer Law International, 1998. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=008004619&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Keck, Andrew G. "Electronic discovery." Thesis, Utica College, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10101099.
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Cyber incidents continue to increase across the entire globe. The increase in security threats requires organizations to rethink strategies and policies continually fortifying against known and unknown threats. Cyber incident policies and response plans range from non-existent to hundreds of pages in length. A policy may include sections discussing roles and responsibility, incident detection, escalation, and many additional categories, and often discuss the collection and preservation of forensic evidence. Policies briefly address, in many cases, the proper collection of evidence; however, the written regulation concerning the potential liabilities, the risks associated with current and future litigation, and the legal consequences to a cyber incident remains sparse. The desired outcome of this paper is to enlighten the reader through identification of the risks, the potential pitfalls, and steps to policy development pertaining to the handling of electronic evidence, with a cross examination of overlapping sectors between forensics, electronic discovery, and cyber security.
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Lazarus, Seth A. "Cyber Mobs| A Model for Improving Protections for Internet Users." Thesis, Utica College, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10271260.
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Cyber mobs have grown to have a significant impact on individuals in real space and cyber space. Law enforcement and legislators have been confronted with challenges in mitigating the intangible harms inflicted by individuals of cyber mobs. Law enforcement, in most cases, is focused on solving cybercrimes associated with tangible harms. Thus, legislators seek to better protect cyber mob victims by increasing law enforcement training and focus on cyber mob incidents, as well as to create new legislation to better cope with the harms caused by cyber mobs. Much of the current research available focuses on the social aspects of cyber mobs, and before creating changes to statutes and law enforcement training, research is necessary to craft those changes better to counter cyber mob activities. The study reviewed several different types of cyber mobs, legislative measures, and cyber policing methods to provide recommendations. The research found that cyber mobs seem to overlap in their techniques, tactics, and procedures, though the harms they cause to accomplish their goals vary. In order to protect against their actions, research suggested, overall, that the examination of current legislation to create new methods of enforcement is necessary before creating additional statutes. In parallel with using current legislation, online communities already employ methods to police themselves, and these methods offer new avenues for law enforcement to work with these communities to better assist them when issues arise. These results demonstrated that much of what is necessary to protect against cyber mobs is already available, but it must be utilized differently to improve effectiveness.
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Bronk, R. Christopher. "In confidence information technology, secrecy and the state /." Related electronic resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2005. http://wwwlib.umi.com/cr/syr/main.
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Chamoux, Capucine. "Access to environmental information in international law: the significance of the MOX Plant case (Ireland v. United Kingdom)." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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Ireland and the United Kingdom are since 1993 in conflict about a Mox plant at Sellafield, on the Irish Sea. This plant is designed to recycle the plutonium which is produced during the reprocessing of nuclear fuel to reclaim the uranium contained in it. Ireland has tried to contest the British decision to build and operate the Mox plant through all the legal means available. An important request of Ireland was to be more and better informed in order to better contribute to the protection of the marine environment of the Irish Sea. Ireland and the United Kingdom are Member of two important treaties addressing the issue of environmental information: the United Nations Convention on the Law of the Sea (UNCLOS), and the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention). Ireland has sought a remedy through the procedures of dispute settlement instituted by those two treaties. The Mox Plant Case is therefore very complex, each of these procedures being conducted within the textual confines of the treaties that govern them.In July 2003 the Arbitral Tribunal constituted under the OSPAR Convention rejected Ireland&rsquo
s request to have access to more information about the Mox plant. The procedure introduced by Ireland in October 2001 before an Arbitral Tribunal constituted under the UNCLOS is still pending. In this context, waiting for the final decision of this Arbitral Tribunal, the ITLOS ordered in December 2001, as a provisional measure, that Ireland and the United Kingdom must cooperate and exchange information. In November 2003, the Arbitral Tribunal constituted under the UNCLOS has suspended the proceedings, waiting for a decision of the European Court of Justice (ECJ). Indeed the European Commission, backing up the position of the United Kingdom, initiated proceedings against Ireland before the ECJ in 2003.
The Mox Plant Case illustrates and addresses several predominant matters in international environmental law. Firstly it illustrates the complexity of a system where several treaties between the same parties regulate the same issues. As a consequence in this case not less than four international jurisdictions have been and are still involved in the matter, leading to procedural difficulties. Secondly the Mox Plant Case illustrates the considerable difference of opinion which exists in the area of international environmental law with respect to the meaning and nature of the notion of &lsquo
access to information&rsquo
, and its relationship to other ancillary and concomitant notions, e. g. &lsquo
collaboration&rsquo
, &lsquo
cooperation&rsquo
, &lsquo
participation&rsquo
, etc., by and amongst states. The meaning of this concept, which is the cause of the dispute, differ depending on the context of treaty within which it is used.
From the analysis of the Mox Plant Case, in the context of the evolution of international law in general, and international environmental law in particular, the point is made on the strong link between the principle of cooperation and the right of access to environmental information, the first one necessarily including the latter to be effective. The other important element is the shift which is now established in international environmental law and governance from a strict application of the principle of state sovereignty, towards a more integrated vision. The interdependent nature of the environment makes necessary an interdependent governance and regulation of the issues related to it.
25
Gausi, Hambani Adamson. "Effects of the brittle national information policy framework on information services in Malawi." Thesis, University of Fort Hare, 2013. http://hdl.handle.net/10353/d1005989.
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The aim of the study was to explore the effects of the absence of an overarching national information policy on information services in Malawi. The objectives of the study were to: find out the effects of the absence of an overarching national information policy on information access in Malawi; establish factors impeding the development of an overarching national information policy in Malawi; find out the extent to which the absence of an overarching policy has affected capacity building in information services in Malawi; and identify the legal and regulatory framework implications of the absence of such a policy in Malawi. The study adopted an exploratory research design. Data were collected using document analysis, observations and in-depth interviews. Eighty-two face-to-face interviews were conducted with policy makers in government, Members of Parliamentary committees on legal and media issues, information scientists, information service providers, academicians, legal experts and information users. Purposive sampling was used to select participants. An interview guide comprising closed and open ended questions was used to interview respondents. Data were analysed using quantitative and qualitative methods. The findings of this study may be used by Government in developing relevant national information policies that would enhance free access and utilisation of information. Furthermore the study is significant in identifying factors that may impede the development of a national information policy. The study revealed that Malawi has a brittle national information policy framework for the provision of information services. Malawi doesn’t have an overarching policy framework for the sector and as a result, there is no policy guidance to drive the development of sectoral policies and supporting legislation. Policy development in Malawi is more reactive to issues than systematic and very slow. Consequently, access to and utilization of information is low; capacity building is low in terms of competencies and infrastructure and; the legal and regulatory framework for information services is weak. The study also revealed that factors impeding the development of an overarching national information policy include: motivation for the development of sectoral information policies; lack of an institutional framework to guide the development of policy; lack of finances and technical capacity; lack of sustained political will; level of economic development; existence of overarching government development plans; international trends; and the diverse nature of the information sector. The general recommendation emanating from the findings of the study is that Malawi needs an overarching national information policy which would articulate and address issues regarding access to information, capacity building in terms of skills and infrastructure, and the legal and regulatory framework. Information is a cross-cutting issue requiring an all-encompassing policy. However, specific recommendations from the findings of this study are that government should expedite the development of policies and enactment of relevant pieces of legislation which are not yet in place to enhance free access and utilisation of information and ICTs; government should speed up the introduction of information literacy in the school curriculum starting from primary school level to university; government should develop a library policy to promote the development of school libraries in both primary and secondary schools, and public libraries in all towns, district assemblies and rural growth centres which should be well resourced including Internet facilities; and government should constantly review and harmonise policies and legislation in the information sector so that they are in line with current trends.
26
Clark, Andrew Gerald. "Advances in information technology and the growth of para-legal services in Britain." Thesis, University of Exeter, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.387424.
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Bopape, Tsekere Solomon. "Utilization of information technology to support information and knowledge management by law firms in Polokwane City." Thesis, University of Limpopo (Turfloop Campus), 2009. http://hdl.handle.net/10386/689.
Full textAbstract:
Thesis (Ph.D. (Information Studies)) --University of Limpopo, 2009This research report serves as an empirical investigation into the utilization of information technology to support information and knowledge management in law firms, as well as an attempt to design an information and knowledge management model for law firms. Members of the legal profession attached to law firms in the Polokwane City were investigated to find out how optimally they utilize information and communication technologies to support information and knowledge management in their daily operations. The research indicated that there are several ways in which information technology could be used to support the creation, organization, and transfer of information and knowledge in law firms, for the benefit of both lawyers and their clients . In order to provide for an empirical basis for this research, a survey research method, through the use of the questionnaires and interviews, was conducted, followed by a detailed content analysis of law firm websites. An in-depth literature review on the utilization of information technology to support information and knowledge management in law firms was also carried out to determine the findings of other studies that have been conducted elsewhere on the current topic. The results of this research showed that lawyers attached to law firms in the city of Polokwane appear to be non-users of information technology in as far as information and knowledge management is concerned. Most of the members of the law firms in the city seem to be utilizing information technology for basic purposes such as word processing, legal research, client billing, and communication through the e-mail. Other information and knowledge management tools, such as intranets, extranets and web portals, appear not to be utilized by most of the law firms in the city. Based on the findings of this research project, an information and knowledge network model, in a form of Wireless Local Area Network for the law firms in the Polokwane City, is proposed. This network could be utilized by law firms operating in the city to deposit, organize, retrieve, and share information and knowledge collaboratively through the use of information technology. Factors that should be taken into consideration in attempting to implement the proposed model are also discussed. At the end of the research report, some recommendations on encouraging lawyers to utilize information technology optimally are provided, together with recommendations for future research.
28
Lacroix, Mireille 1971. "Genetic information and the family : a challenge to medical confidentiality." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80935.
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Because of its perceived ability to predict future health and its relevance for family members, genetic information challenges the traditional justifications for medical confidentiality. This thesis examines the question whether a health care professional should have the discretion or a duty to breach confidentiality in order to inform a patient's relatives of their increased genetic risk. There is currently no exception to the statutory, common law and ethical duties of confidentiality for the non-consensual disclosure of genetic information to relatives. Precedents developed in the context of threats of harm and communicable diseases are of limited value. The law should not recognise the existence of a duty to warn in the context of genetics. As a last resort, health care professionals should be authorized, but not required, to disclose genetic risk information when there is a serious risk of preventable harm and when the potential harm of non-disclosure outweighs that of disclosure.
29
Cofone, Ignacio Nicolas [Verfasser], and Klaus [Akademischer Betreuer] Heine. "Privacy Tradeoffs in Information Technology Law / Ignacio Nicolas Cofone ; Betreuer: Klaus Heine." Hamburg : Staats- und Universitätsbibliothek Hamburg, 2017. http://d-nb.info/1124591397/34.
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30
Cofone, Ignacio Nicolas Verfasser], and Klaus [Akademischer Betreuer] [Heine. "Privacy Tradeoffs in Information Technology Law / Ignacio Nicolas Cofone ; Betreuer: Klaus Heine." Hamburg : Staats- und Universitätsbibliothek Hamburg, 2017. http://d-nb.info/1124591397/34.
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31
Morgan, Deanne. "Challenges Encountered During Law Enforcement Investigations of Terrorist Use of Information Technology." Thesis, University of North Texas, 2005. https://digital.library.unt.edu/ark:/67531/metadc4729/.
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The late 20th and early 21st centuries have seen a phenomenal growth in society's use of information technology. Criminals, including terrorists and terrorist organizations, have also adopted information technologies. Information technologies are used to enhance the efficiency, productivity, and effectiveness of terrorist activities and offenses. Investigating terrorist use of information technologies creates a number of challenges for law enforcement officials. While some of the challenges are encountered during conventional criminal investigations, terrorist investigations also present unique challenges. Through content and typological analysis, this study examined open source information to identify, categorize and propose a model of these challenges. Four primary categories were identified: technology, methodology, legal, and administration and human resources challenges.
32
Helmholz, Niels. "Contract formation and the Internet : an analysis of contract formation in English, South African and German law with special regard to the Internet." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52746.
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Thesis (LLM)--University of Stellenbosch, 2002.ENGLISH ABSTRACT: This dissertation examines the conclusion of contracts on the Internet in English and South African law on the one hand, and German law on the other. Because these legal systems have not developed specific rules for the formation of contracts by way of this medium of communication, the question is whether the traditional doctrines are adequate to the demands of tecnological innovation. The study accordingly proceeds from a detailed discussion of the traditional rules of offer and acceptance developed in each of the systems. To this end, the leading cases and of English and South African law are considered with an emphasis on the points of difference between the approach of the courts in these systems. Where there is uncertainty or different points of view, regard is had to the critical points of view of English and South African commentators. In respect of the codified German civil law, the authoritative provisions of the general part of the civil code are discussed against the background of the commentary of academic authors. An investigation of the technical structure of the Internet and the various methods of communication afforded by it, provides a foundation for an examination of the application of the general principles of the various legal systems to contract formation on the Internet. It is concluded that despite fundamental differences in the of approach of the systems under consideration, the general principles of each system are capable of application in the context of electronic contracting. The dissertation endeavours to develop proposals regarding adequate solutions to the problems typical of the process of contract formation on the Internet.
AFRIKAANSE OPSOMMING: Hierdie tesis is afgestem op die hantering van kontraksluiting op die Internet in die Engelse en Suid-Afrikaanse Reg aan die een kant, en die Duitse Reg aan die ander kant. Omrede geeneen van hierdie stelsels tot op hede spesifieke maatreëls daargestel het vir kontraksluiting deur middel van hierdie kommunikasiemiddel nie, is die vraag of tradisionele beginsels afdoende is met die oog op eise van die nuwe tegnologie. Die ondersoek gaan derhalwe uit van 'n behandeling van die tradisionele reëls van aanbod en aanname soos wat dit in elkeen van die stelsels ontwikkel het. Met die oog hierop, word sleutelvonnisse van die Engelse en Suid-Afrikaanse reg ontleed, veral dan ook met klem op verskille in die benadering van die howe in hierdie twee stelsels. In geval van onsekerheid en verskille van mening, word verwys na die kritiese standpunte van Engelse en Suid-Afrikaanse kommentatore. Met verwysing na die gekodifiseerde Duitse stelsel word die gesaghebbende bepalings van die Burgerlike Wetboek behandel teen die agtergrond van die kommentaar van Duitse akademiese skrywers. 'n Ontleding van die tegniese struktuur van die Internet en die verskillende kommunikasiemetodes wat dit bied, verskaf die grondslag vir 'n ondersoek na die toepaslikheid van die algemene beginsels aangaande kontraksluiting van die onderskeie regstelsels in die konteks van elektroniese kontraktering. Die gevolgtrekking is dat ten spyte van fundamentele verskille in benadering, die algemene beginsels van die verkillende stelsels wel aanwendbaar is in die nuwe omgewing. Die verhandeling poog om 'n bydrae te lewer tot die ontwikkeling van aanvaarbare oplossings tot die probleme wat tipies is aan kontraksluiting deur middel van die Internet.
33
McGill, Amanda S. "Legal professionals' perception of critical information in child custody disputes." Thesis, Virginia Tech, 1987. http://hdl.handle.net/10919/45800.
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The purpose of this study was to better understand which components of available information are used by legal professionals when making a child custody recommendation decision in Virginia.Master of Science
34
Lehmann, Caron Mary. "An evaluation of the time frame of the disclosure process in the evidence of 97 child witnesses in cases in the Belville sexual offences court." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1279.
Full textAbstract:
When children are sexually abused it usually takes place in concealment. This means that unless the child reveals the abuse, it will remain hidden. This study commences with an examination of the reasons as to why a child may delay the disclosure of sexual abuse. The result of research indicates that there are certain recognisable reasons, which are frequently encountered, as to why a child may either delay telling anyone about his or her experience or as to why s/he may never tell anyone. Traditional assumptions of what are considered normal reactions to sexual abuse are tested. The discussion then moves on to considering the approach of the South African courts in regard to evaluating the manner and timing of a child’s revelations, as well as to considering the impact which a delay may have on the acceptance of that child’s evidence. Intrinsic to this analysis is the progress made in our courts, and by the legislature, in recognising factors that influence a child to either blurt out the information immediately or conceal it for a period of time. Thereafter, the testimony of 97 child victims of sexual abuse is analysed with a view to determining whether these children fit the profiles raised in research on the subject and described in some of the case law. The rate of attrition in cases of sexual offences against children is considered as well as the role that cross-examination plays in either enhancing or reducing a child’s ability to accurately describe an acceptable motivation for the delay in disclosure. The study concludes with a discussion of how well child victims are served in a legal environment designed to provide a forum for eliciting the truth from a child witness. The use of intermediaries and the impact of cross-examination is discussed as well as the ability of judicial officers to adjudicate in matters requiring highly specialized knowledge and experience.
35
Chen, Yongxi, and 陳詠熙. "An empty promise of freedom of information? : assessing the legislative and judicial protection of the right of access of government information in China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/197074.
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This thesis assesses and explains the effectiveness of the legal regime for government transparency in China, with a focus on the legislative and judicial protection of citizens’ right of access to information (ATI), through a combination of normative doctrinal analysis and empirical investigation. In 2007, China promulgated the Regulation on Open Government Information (ROGI),which implicitly created a general and legally enforceable ATI right, thereby establishing a regime akin to the freedom of information (FOI) regimes that prevail in many countries worldwide. However, this nascent regime appears to have had mixed, and rather confusing, effects. Existent assessments of the regime’s effectiveness have concentrated either on the ROGI text or on data concerning bureaucratic performance and the extra-legal factors affecting that performance, but have failed to consider sufficiently the perplexities and peculiarities of the Chinese legal system that bear heavily on the ROGI’s operation. This thesis constitutes an attempt to make both substantive and methodological contributions to research in this field.
The thesis is organized into three main areas. First, it analyses the relation between the ruling Communist Party’s policies and the making of local and national transparency legislation. It finds that the legislative endorsement of an ATI right resulted from several of the Party’s reform goals, which include not only the facilitation of economic prosperity and social progress but also the fostering of government accountability and public participation. These goals, although with respective limitations, overlap with the values underlying FOI law. Second, it examines the labyrinth of Chinese laws, regulations and other legal norms that regulate the disclosure of government information, particularly the ROGI and Law on Guarding State Secrets, and evaluates them against international best practice standards on FOI law. It finds that the overall legislative framework lags behind international standards, largely because it fails to stipulate a presumption of disclosure and contains multi-layered restrictions on access, thereby leaving administrative organs with an enormous degree of discretion. Third, it reviews 169 judicial decisions collected through methods specially designed to ensure their representativeness. It distils the major trends in the interpretations made and rules set by the courts and finds that, by placing restrictions on access to court, imposing a need test, failing to scrutinize state secret claims, deferring to administrative discretion in applying exemptions and avoiding injunctive relief, the courts have further reduced the normative scope of the ATI right. It argues that this inadequate judicial protection is caused not by limitations on judicial power with respect to that right, but primarily by the abandonment of duty on the part of most courts, which have either misapplied the law or deviated from the guiding cases and legal doctrine that maintain the coherence of laws and judicial autonomy. Owing to the combined effect of a weak legislative framework and largely impotent judicial protection, the ATI right has been virtually deprived of its function to enable the citizenry to monitor and check the government. It has also failed to fulfil its potential in protecting citizens’ personal and property rights. In this regard, China’s ATI right falls far short of a genuine right to freedom of information.
These findings provide a necessary basis for a more accurate assessment of China’s open government information regime and a more perceptive comparison of this peculiarly Chinese regime with the FOI regimes of other countries. They also shed new light on the operation of judicial review in China. Furthermore, they indicate the barriers that must be overcome in future reforms to achieve a genuine FOI environment and highlight the interconnectedness of any such reform measures.published_or_final_version
Law
Doctoral
Doctor of Philosophy
36
Golding, Greg. "The reform of misstatement liability in Australia's laws." Connect to full text, 2001. http://setis.library.usyd.edu.au/adt/public_html/adt-NU/public/adt-NU20040206.161344/index.html.
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Manker, Concetta. "Factors Contributing to the Limited Use of Information Technology in State Courtrooms." ScholarWorks, 2015. https://scholarworks.waldenu.edu/dissertations/1416.
Full textAbstract:
Few state courtrooms in the United States have integrated information technology (IT) in court trials. Despite jurors' beliefs that using courtroom technology improves their abilities to serve as jurors, the attitudes and experiences among attorneys and judges toward the utility of IT continue to pose barriers. The purpose of this phenomenological study was to explore and describe the experiences of attorneys and judges in the State of Virginia with regard limited use of IT in state courtrooms. The conceptual framework included Davis, Bagozzi, and Warshaw's (1989) technology acceptance model; Rogers's (2003) diffusion of innovation theory; and Venkatesh, Morris, Davis, and Davis's (2003) unified theory of acceptance. A snowball sample of 22 attorneys and judges were interviewed using in-depth, semistructured questions. Data were analyzed using open coding techniques to identify themes and patterns with findings supporting the need for improved and expanded courtroom technology. Finding showed that attorneys and judges believed courtroom technology could be useful; however, the lack of training and the cost to implement technology limited their use of technology in courtrooms. Implications for positive social change include increasing the adoption rate of courtroom technology to support courtroom processes and empowering courts to improve the quality of justice through technology in an efficient and effective manner, thereby benefiting everyone in the judicial system and the public.
38
Nezafati, Mohammad Reza. "Fundamental principles for intellectual property and information technology law : a comparative study between United Kingdom, Islamic and Iranian law." Thesis, University of Strathclyde, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.442013.
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Zomba, Lincoln Benn. "Computer related crimes: a comparative analysis of Tanzanian and South African frameworks." Thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13039.
Full textAbstract:
Includes bibliographical references.'Unknown to most of us, we are living inside and alongside a revolution of stupendous power and energy. It is not a communist, socialist, capitalist or even a religious revolution. It is the ICT revolution, the revolution of information communication technologies that is changing the nature and patterns of our social, commercial and political interactions. Like most revolutions, its true scope cannot yet be grasped nor can all the issues it raises be clearly understood even by those at its cutting edges". The Internet and other new technologies play an important role in today's global information society, are now essential in every sector of human life and can be used for the preparation and commission of serious and transnational crimes.
40
Urquhart, Lachlan. "Towards user centric regulation : exploring the interface between information technology law and human computer interaction." Thesis, University of Nottingham, 2017. http://eprints.nottingham.ac.uk/41787/.
Full textAbstract:
This thesis investigates the role of technology designers in regulation. Emerging information technologies are complex to regulate. They require new strategies to support traditional approaches. We focus on the use of technology design as a regulatory tool. Whilst this solution has significant conceptual traction, what it means in practice is not clear. Deeper investigation of the role of the design community in regulation is necessary to move these strategies from theory into practice. We structure our analysis by asking: how can we understand the role of designers in regulation of emerging technologies? We answer this question from four primary perspectives: conceptual, legal, practical and design. We situate our investigation within the context of the domestic internet of things and information privacy by design. We adopt an overtly multidisciplinary approach, critically assessing how to bring together the human computer interaction and information technology law communities. To do this, we utilise a range of qualitative methods, including case studies, documental and legal analysis, semi structured expert interviews, questionnaires, focus groups, workshops, and development, testing and evaluation of a design tool. Our contributions are as follows: Conceptually, we provide a critical investigation of the role of technology designers in regulation by consolidating, evaluating and aligning a range of theoretical perspectives from human computer interaction (HCI) and information technology (IT) law. We draw these together through the concept of user centric regulation. This concept advocates a user focused, interaction led approach to position the role of designers in regulation. It draws on the turn to human values and societal issues in HCI, and the increasing reliance in IT law on design for regulation of emerging technologies. Legally, we present two detailed case studies of emerging technologies (domestic internet of things and smart metering) mapping the emerging legal landscape and challenges therein. We situate the role of designers, as regulators, within this space, and show how they can respond accordingly through their user centric focus. Practically, we analyse experiences from leading experts in technology design and regulation to understand the challenges of doing information privacy by design (PbD) for the IoT. We present our findings within the framing of technological, business and regulatory perspectives. Lastly, we present a design tool, ‘information privacy by design cards’, to support designers in doing PbD. This tool has been designed, tested and refined, providing us with a practical approach to doing user centric regulation. Based on our findings from using the cards, we provide the concept of regulatory literacy to clearly conceptualise the role of designers in regulation.
41
Banerjea-Brodeur, Nicolas Paul. "Advance passenger information passenger name record : privacy rights and security awareness." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80909.
Full textAbstract:
An in-depth study of Advance Passenger Information and Passenger Name Record has never been accomplished prior to the events of September 11 th. It is of great importance to distinguish both of these concepts as they entail different legal consequence. API is to be understood as a data transmission that Border Control Authorities possess in advance in order to facilitate the movements of passengers. It is furthermore imperative that harmonization and inter-operability between States be achieved in order for this system to work. Although the obligations seem to appear for air carriers to be extraneous, the positive impact is greater than the downfalls.Passenger Name Record access permits authorities to have additional data that could identify individuals requiring more questioning prior to border control clearance. This data does not cause in itself privacy issues other than perhaps the potential retention and manipulation of information that Border Control Authorities may acquire. In essence, bilateral agreements between governments should be sought in order to protect national legislation.
The common goal of the airline industry is to ensure safe and efficient air transport. API and PNR should be viewed as formalities that can facilitate border control clearance and prevent the entrance of potentially high-risk individuals.
42
Aderam, Henry Ndejapo Tshapumba. "Consumer protection in online payment methods." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73435.
Full textAbstract:
This research focuses on online payment methods which are premised on electronic funds transfer. It is a general discourse that the use of online payment methods is risky. It is held that the fear of fraud and abuse of a payment system is at the focal point of such risk.
Banks which provide these payment systems are usually not prepared to negotiate with their prospective customers. Resultantly, banks contract out of the risk associated with online payments, specifically the liability for unauthorized electronic funds transfers. This culminates in bank’s customers bearing the majority of that risk as a result of the bank-customer contract.
Some of the laws applicable to this relationship also ascribe to the notion above. They burden bank’s customers solely with the liability of the use of their cards until notification to the bank of its theft or misuse. This shows a completed disregard of the nature of how online payment methods operate.
Such imposition of liability is excessively one-sided in favour of the banks and detrimental to the bank’s customers. Ultimately, the scope of application of the current applicable consumer protection laws is limited by factors such as non-applicability to juristic persons or limitation based on asset value for those that do. This thus denotes a large segment of online payment methods users who cannot avail themselves to measures of protection provided for by the current applicable consumer protection laws.
The research aims to avert the issues as demonstrated above, provide clarity in pursuit of equity and compliance, plus a comprehensive consumer protection approach for online payment methods users.Mini Dissertation (LLM)--University of Pretoria, 2019.
Mercantile Law
LLM
Unrestricted
43
Steh, Stephen R. "Unauthorized Access Crimes." Youngstown State University / OhioLINK, 2009. http://rave.ohiolink.edu/etdc/view?acc_num=ysu1254939817.
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Matheus, Ricardo. "Uso das tecnologias de informação e comunicação para a promoção da participação cidadã: estudo de caso da consulta pública online da lei das lan houses no Legislativo Federal Brasileiro." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/12/12139/tde-15012013-154220/.
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Com a introdução das tecnologias da informação e comunicação (TICs) em governos, em especial a internet, tornou-se possível ampliar não só a capacidade e níveis de qualidade dos serviços prestados, mas também o enfoque na transparência, provocando diversas mudanças no âmbito do controle social e participação cidadã. Esta nova perspectiva de uso das TICs em governos para fins de ampliação de canais de participação é conhecida como governança eletrônica (e-governança). O objetivo desta dissertação é identificar quais os impactos da participação cidadã nas consultas públicas para a produção de leis e os limites e os desafios das consultas públicas online do Poder Legislativo federal. Os instrumentos de coleta de dados foram a visita estruturada ao website da consulta pública online, o e-Democracia, e entrevistas semiestruturadas dos gestores responsáveis pela consulta pública, bem como deputados envolvidos na elaboração da Lei das Lan Houses e seus apensados. Também foram entrevistados participantes da consulta pública e a associação de lan houses do Brasil. Em segundo lugar, foi realizada uma análise documental das contribuições para verificar quais as principais mudanças do pré-projeto em relação ao projeto final afim de mensurar o impacto da participação cidadã através da contagem das 10 palavras mais utilizadas em cada área documental; Proposições Legislativas dos Deputados, Contribuições Cidadãs pelo e-Democracia e Projeto Final enviado ao Senado Federal. Foi constatado neste estudo que as consultas públicas online podem ser consideradas um ambiente em que a e-participation se realiza, contudo, ainda existem limites e desafios para que esta participação ocorra devido a problemas gerenciais destas ferramentas de participação cidadã online e de outros problemas externos os quais literatura específica aborda e são retratadas na revisão de literatura e ressaltados nas considerações finais deste trabalho. As conclusões indicam que há evidências de que a participação cidadã tem impactos na produção colaborativa de legislações no governo federal, contudo, elas estão condicionadas a uma série de processos e condutas das áreas política, cultural, de recursos e de tecnologia.With the introduction of information and communication technologies (ICTs) in government, in particular the Internet, it became possible not only to expand the capacity and quality levels of services, but also focus on transparency, leading to several changes within the social control and citizen participation. This new perspective on ICT use in governments for the purpose of expanding participation channels is known as electronic governance (e-governance). The objective of this dissertation is to identify the impacts of citizen participation in public online consultations for the production of laws and limits and challenges of public online consultations of federal legislative power. The instruments of data collection were the structured visit website of the online public consultation, the e-Democracy, and semi-structured interviews of managers responsible for public consultation, as well as representatives involved in drafting the Law on Lan Houses and joined her. Also interviewed were participants of the public consultation and the association of Internet cafes in Brazil. Secondly, there will be a documentary analysis of contributions to see what the main changes from the pre-project in relation to the final design in order to measure the impact of citizen participation by counting the 10 most frequently used words in each document area; Legislative Proposals Members, Citizens Contributions on e-Democracy and Final Project sent to Federal Senate. It is believed that public consultations are an online environment that can be performed e-participation, however, there are still limits and challenges to which this participation occurs due to management problems of these tools for citizen participation online and other external problems which addresses the specific literature and are portrayed in the literature review. The findings indicate that there is evidence that citizen participation has impacts on collaborative production of laws in the federal government, however, it is believed that they are conditioned to a number of dimensions as politics, culture, resources and technology.
45
Saganich, Robert Lee. "An investigation of electronic Protected Health Information (e-PHI) privacy policy legislation in California for seniors using in-home health monitoring systems." Diss., NSUWorks, 2019. https://nsuworks.nova.edu/gscis_etd/1075.
Full textAbstract:
This study examined privacy legislation in California to identify those electronic Protected Health Information (e-PHI) privacy policies that are suited to seniors using in-home health monitoring systems. Personal freedom and independence are essential to a person's physical and mental health, and mobile technology applications provide a convenient and economical method for monitoring personal health. Many of these apps are written by third parties, however, which poses serious risks to patient privacy. Current federal regulations only cover applications and systems developed for use by covered entities and their business partners. As a result, the responsibility for protecting the privacy of the individual using health monitoring apps obtained from the open market falls squarely on the states.
The goal of this study was to conduct an exploratory study of existing legislation to learn what was being done at the legislative level to protect the security and privacy of users using in-home mobile health monitoring systems. Specifically, those developed and maintained by organizations or individuals not classified as covered entities under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The researcher chose California due to its reputation for groundbreaking privacy laws and high population of seniors.
The researcher conducted a content analysis of California state legislation, federal and industry best practices, and extant literature to identify current and proposed legislation regarding the protection of e-PHI data of those using in-home health monitoring systems.
The results revealed that in-home health monitoring systems show promise, but they are not without risk. The use of smartphones, home networks, and downloadable apps puts patient privacy at risk, and combining systems that were not initially intended to function together carries additional concerns. Factors such as different privacy-protection profiles, opt-in/opt-out defaults, and privacy policies that are difficult to read or are not adhered to by the application also put user data at risk.
While this examination showed that there is legislative support governing the development of the technology of individual components of the in-home health monitoring systems, it appears that the in-home health monitoring system as a whole is an immature technology and not in wide enough use to warrant legislative attention. In addition – unlike the challenges posed by the development and maintenance of the technology of in-home health monitoring systems – there is ample legislation to protect user privacy in mobile in-home health monitoring systems developed and maintained by those not classified as covered entities under HIPAA. Indeed, the volume of privacy law covering the individual components of the system is sufficient to ensure that the privacy of the system as a whole would not be compromised if deployed as suggested in this study. Furthermore, the legislation evaluated over the course of this study demonstrated consistent balance between technical, theoretical, and legal stakeholders.
This study contributes to the body of knowledge in this area by conducting an in-depth review of current and proposed legislation in the state of California for the past five years. The results will help provide future direction for researchers and developers as they struggle to meet the current and future needs of patients using this technology as it matures. There are practical applications for this study as well. The seven themes identified during this study can serve as a valuable starting point for state legislators to evaluate existing and proposed legislation within the context of medical data to identify the need for legislation to assist in protecting user data against fraud, identity theft, and other damaging consequences that occur because of a data breach.
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Yalcinkaya, Ramazan O'Connor Brian C. "Police officers' adoption of information technology a case study of the Turkish POLNET system /." [Denton, Tex.] : University of North Texas, 2007. http://digital.library.unt.edu/permalink/meta-dc-3900.
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Skolmen, Dayne Edward. "Protection of personal information in the South African cloud computing environment: a framework for cloud computing adoption." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/12747.
Full textAbstract:
Cloud Computing has advanced to the point where it may be considered an attractive proposition for an increasing number of South African organisations, yet the adoption of Cloud Computing in South Africa remains relatively low. Many organisations have been hesitant to adopt Cloud solutions owing to a variety of inhibiting factors and concerns that have created mistrust in Cloud Computing. One of the top concerns identified is security within the Cloud Computing environment. The approaching commencement of new data protection legislation in South Africa, known as the Protection of Personal Information Act (POPI), may provide an ideal opportunity to address the information security-related inhibiting factors and foster a trust relationship between potential Cloud users and Cloud providers. POPI applies to anyone who processes personal information and regulates how they must handle, store and secure that information. POPI is considered to be beneficial to Cloud providers as it gives them the opportunity to build trust with potential Cloud users through achieving compliance and providing assurance. The aim of this dissertation is, therefore, to develop a framework for Cloud Computing adoption that will assist in mitigating the information security-related factors inhibiting Cloud adoption by fostering a trust relationship through compliance with the POPI Act. It is believed that such a framework would be useful to South African Cloud providers and could ultimately assist in the promotion of Cloud adoption in South Africa.
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Cupido, Robin Vicky. "Misrepresentation by non-disclosure in South African law." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80261.
Full textAbstract:
Thesis (LLM)--Stellenbosch University, 2013.Bibliography
ENGLISH ABSTRACT: This thesis investigates the approach to non-disclosure as a form of misrepresentation in South African law. The primary focus is the question of liability, and whether parties should be able to claim relief based on non-disclosure. In order to determine this, attention is also paid to the standards which have traditionally been employed in cases of non-disclosure, and it is questioned whether a general test can be formulated which could be used in all such instances. The point of departure in this discussion is a general historical and comparative overview of the law relating to non-disclosure. This overview places the position in modern South African law in context, and highlights some of the similarities between our current position regarding non-disclosure and the position in other jurisdictions. The overview also sets out the provisions relating to non-disclosure in international legal instruments, which could be of use in interpreting concepts used in our law. The study then shifts to an exploration of the specific situations, such as the conclusion of insurance agreements, or agreements of sale involving latent defects, where South African law automatically imposes a duty of disclosure. These instances are the exception to the general rule against imposing duties of disclosure on contracting parties. The study reveals that certain principles are applied in more than one of these exceptional cases, and attention is paid to each in order to determine which principles are most prevalent. It is suggested that the nature of the relationship between the parties is the underlying reason for always imposing duties of disclosure in these circumstances. Attention is then paid to the judicial development of the law relating to non-disclosure, specifically in those cases which fall outside the recognised special cases referred to above. The remedies available to a party when they have been wronged by another’s non-disclosure are identified and investigated here, namely rescission and damages. A distinction is drawn between the treatment of non-disclosure in the contractual sphere and the approach taken in the law of delict. The different requirements for each remedy are explored and evaluated. A detailed examination of the key judgments relating to non-disclosure shows us that the judiciary apply similar principles to those identified in the discussion of the exceptional instances when deciding to impose liability based on non-disclosure. Reliance is also placed on the standards set out in the earlier historical and comparative discussion. The most prevalent of these standards are the nature of the relationship between the parties and the good faith principle. It is then considered whether all of these principles and elements could be used in order to distill one general standard that could be used to determine whether non-disclosure could give rise to relief. The conclusion is drawn that it may not be advisable to adopt such a standard, and that the seemingly fragmented treatment of non-disclosure in South African law thus far has enabled its development and will continue to do so. A number of key considerations have been identified as possible standards, and these considerations can be applied by the judiciary on a case by case basis.
AFRIKAANSE OPSOMMING: Hierdie tesis ondersoek wanvoorstelling deur stilswye in die Suid-Afrikaanse kontraktereg. Die primêre fokus is op wanneer stilswye aanleiding gee tot aanspreeklikheid, en watter remedies daaruit voortvloei. Om dit vas te stel, word aandag geskenk aan die standaarde wat tradisioneel gebruik word in gevalle van stilswye, en word veral bevraagteken of 'n algemene toets formuleer kan word wat in al sulke gevalle toepassing sou kon vind. Die ondersoek begin met ‘n algemene historiese en regsvergelykende oorsig, wat die konteks verskaf vir die analise van die posisie in die moderne Suid-Afrikaanse reg, en ooreenkomste tussen hierdie posisie en die benadering in ander jurisdiksies na vore bring. Die bepalings van sekere internasionale regsinstrumente wat spesifiek met stilswye handel, word ook ondersoek om te bepaal hulle van nut kan wees by die uitleg van konsepte wat in die Suid- Afrikaanse reg gebruik word. Die fokus van die studie verskuif dan na spesifieke, uitsonderlike gevalle waar die Suid- Afrikaanse reg outomaties ‘n openbaringsplig tussen partye erken. Prominente voorbeelde is versekeringskontrakte en koopkontrakte waar die merx ‘n verborge gebrek het. Hierdie gevalle is uitsonderings op die algemene reël dat kontrakspartye nie openbaringspligte het nie. Dit kom voor dat sekere gemeenskaplike beginsels van toepassing is in sekere van die uitsonderingsgevalle, en dit word ondersoek hoekom hierdie beginsels gereeld na vore tree. Dit word ook voorgestel dat die aard van die verhouding tussen die partye die onderliggende rede is waarom ons reg openbaringspligte in hierdie spesifieke omstandighede oplê. Aandag word dan geskenk aan die regterlike ontwikkeling van die regsposisie ten opsigte van stilswye in gevalle wat nie by een van die bogenoemde erkende uitsonderings tuisgebring kan word nie. Die remedies beskikbaar aan partye wanneer hulle deur ‘n ander se stilswye benadeel is, word hier geïdentifiseer en ondersoek. Hierdie remedies is die kontraktuele remedie van aanvegting (moontlik gevolg deur teruggawe) en die deliktuele remedie van skadevergoeding. ‘n Onderskeid word ook getref tussen die hantering van stilswye in die kontraktereg en die benadering wat in die deliktereg gevolg word. Aan die hand van hierdie onderskeid word die vereistes vir albei remedies bepreek. Die belangrikste uitsprake van die howe in gevalle wat nie by die spesifieke, uitsonderlike kategorieë tuisgebring kan word nie, word dan oorweeg. Dit is duidelik dat die howe in die konteks van hierdie residuele gevalle soortgelyke beginsels geïdentifiseer het as dié wat voorgekom het by gevalle soos versekering en koop. Uit hierdie uitsprake blyk dit ook duidelik dat die howe ag slaan op soortgelyke standaarde as dié wat in die historiese en vergelykende oorsig na vore getree het. In dié verband is die aard van die partye se verhouding en die goeie trou beginsel veral prominent. Ten slotte word oorweeg of die beginsels en elemente wat hierbo geïdentifiseer is, gebruik kan word om ‘n algemene standaard te ontwikkel wat gebruik sal kan word om te bepaal of ʼn openbaringsplig ontstaan. Die gevolgtrekking word bereik dat so ‘n algemene standaard nie noodwendig die beste oplossing is nie. Die oënskynlik gefragmenteerde hantering van stilswye in die Suid-Afrikaanse het tot dusver tog regsontwikkeling bevorder, en sal waarskynlik ook voortgaan om dit te doen. ʼn Aantal kernoorwegings kan wel geïdentifiseer word, wat dan sou kon dien as moontlike standaarde wat regsontwikkeling verder sou kon bevorder, en wat deur die howe toegepas sou kon word na gelang van die spesifieke omstandighede van elke saak.
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"Ensuring the advancement of Chinese information technology: copyright restrictions anchored purely to utilitarian justification." 2012. http://library.cuhk.edu.hk/record=b5549466.
Full textAbstract:
在網絡上，資訊技術及其使用改革了版權作品的使用方式。因特網根本性改變了版權市場。本文試圖論證，中國內地法律必須給予資訊技術足夠的發展空間，同時不能不合理地損害版權所有人的利益。本文認爲，在中國版權立法和適用中，版權功利主義理論起著根本性作用。根據功利主義，版權法的目標是促使社會文明的最大化發展。而且中國政府必須發展數字經濟，且須保證其版權法合理地促使網絡中間商運行和投資中國數字經濟。中國版權法需爲資訊技術提供足夠的發展空間。
基於為資訊技術發展尋求足夠發展空間的目的，本文分析了Sony案抗辯，通知－删除避風港，誘導侵權和合理使用。中國必須合理解釋中國現有制度，從而避免給網絡中間商加以不合理的責任。關於版權侵權抗辯，中國應該引入美國的 Sony抗辯，作為衡量是否侵犯版權的一個因素。且避風港保護的範圍應該被擴展至包含所有網路中間商，以保證未來技術的未知發展擁有足夠的呼吸空間。而且，至少，中國應該採用某些善意轉換性使用的窮盡式合理使用抗辯，以促進現有技術的運行。且更合適的是，採用非窮盡式的合理使用抗辯，其範圍包括所有對社會有用的網路中間服務的必須運營活動，並通過確保資訊技術發展的方式。
一個好的法律框架可以對人類的進步有著積極的影響，不然它會對社會發展起著阻礙作用。我們需要的法律框架應該同時促進版權和信息傳播技術的發展。這意味著，在保證版權産業正常運行的同時，該法律框架應爲技術發展提供肥沃的成長土壤。
Information technology and its usage on the internet have revolutionized the way in which various copyrighted works are captured, stored, copied and distributed. By expanding the breadth, diversity and sheer number of copyrighted works in existence, the internet has fundamentally changed the nature of copyright markets.
This thesis attempts to argue that the laws in Mainland China should reserve enough space for information technologies to develop, without unreasonably prejudicing the interests of copyright holders.
This thesis contends that the utilitarian justification for copyright plays an underlying role in both Chinese copyright legislation and judicial application. Under the utilitarian model in China, fostering a maximization of culture development is the aim of the copyright law. As such, in the era of information overload, the Chinese government should aim to develop the Digital Economy. In order to achieve this aim, it needs to start by ensuring that its copyright law appropriately enables Internet Intermediaries to operate and to invest in creating Chinese Digital Economy. Copyright law in China needs to create room to move.
This thesis examines Sony defense, notice-and-take-down safe harbors, inducement liability and fair use, for the purpose of seeking enough space for information technology development. The existing rules in China, e.g. inducement liability, should be interpreted as avoiding placing unreasonable burden on internet intermediaries. As to the defenses against copyright infringement, Sony defense in the US should be introduced as a factor in assessing copyright infringement in China. And the scope of safe harbor protection should be extended to include all internet intermediaries, for the purpose of providing breathing room for unanticipated technology developments. Moreover, at the very least, certain fair dealing exceptions for certain transformative use in good faith should be adopted in China to foster the existing operations of information technology. And it is more desirable to introduce a non-exhaustive fair dealing exception to cover activities necessary to run all socially useful internet intermeiary services, in the way of ensuring information technology development.
A well-designed legal system should have positive impacts on the human progress; or otherwise, it would have deterrence effects on the social development. A legal system which promotes both copyright and communication technologies creations is what we need in the future. This kind of system requires a fertile land for technologies innovation without destroying the developments of the entertainment industries
Detailed summary in vernacular field only.
Detailed summary in vernacular field only.
Detailed summary in vernacular field only.
Detailed summary in vernacular field only.
Xie, Lin.
Thesis (Ph.D.)--Chinese University of Hong Kong, 2012.
Includes bibliographical references.
Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web.
Abstract also in Chinese.
Chapter 1 --- Introduction --- p.1
Chapter 1.1 --- Thesis Argument --- p.1
Chapter 1.2 --- Background --- p.2
Chapter 1.3 --- Summary --- p.6
Chapter 2 --- Theoretical Framework in China --- p.11
Chapter 2.1 --- Justifications for Copyright --- p.11
Chapter 2.2 --- Traditional Chinese Culture --- p.15
Chapter 2.3 --- The Development of Modern Copyright Law in China --- p.21
Chapter 2.4 --- International Relationship --- p.27
Chapter 2.5 --- Utilitarian Justification in Digital Era in China --- p.31
Chapter 3 --- Aggressive Measures on the Unauthorized File-sharing Problem --- p.36
Chapter 3.1 --- Criminal Liability of Internet users --- p.36
Chapter 3.2 --- Benefits and Costs --- p.49
Chapter 3.3 --- Graduated Response Scheme --- p.52
Chapter 3.4 --- The Nature of Unauthorized Online File-sharing Problem --- p.59
Chapter 3.5 --- Alternative Solutions --- p.65
Chapter 3.6 --- Implications for China --- p.68
Chapter 4 --- Sony Defense under Traditional Indirect Liabilities --- p.71
Chapter 4.1 --- Traditional Liabilities for Third Parties’ Infringement --- p.72
Chapter 4.2 --- Sony Defense --- p.82
Chapter 4.3 --- Assessing Sony Defense --- p.98
Chapter 5 --- The Notice-and-Take-Down Safe Harbors of Online Service Providers --- p.102
Chapter 5.1 --- Introduction on the Notice-and-Take-Down Safe Harbors --- p.102
Chapter 5.2 --- Threshold Requirements of the Notice-and-Take-Down Safe Harbors --- p.108
Chapter 5.3 --- A Proposed Safe Harbor Framework in China --- p.142
Chapter 6 --- Inducement Liability of Service Providers --- p.145
Chapter 6.1 --- Inducement Liability in China --- p.145
Chapter 6.2 --- Inducement Liability in the US --- p.151
Chapter 6.3 --- Implications for China --- p.170
Chapter 7 --- Transformative Use of Copyrighted Works: A Proposed Fair Dealing Exception for Internet Intermediaries --- p.176
Chapter 7.1 --- Introduction --- p.176
Chapter 7.2 --- Transformative Use in the US --- p.178
Chapter 7.3 --- Transformative Use under Australian and Chinese Copyright Law --- p.188
Chapter 7.4 --- A Proposed Fair Dealing Exception --- p.198
Chapter 7.5 --- Conclusion --- p.201
Chapter 8 --- Liabilities of a Search Engine’s Cache --- p.202
Chapter 8.1 --- Introduction --- p.202
Chapter 8.2 --- Liabilities of a Search Engine’s Cache in China --- p.208
Chapter 8.3 --- Direct Infringement --- p.215
Chapter 8.4 --- The Safe Harbor Protection --- p.223
Chapter 8.5 --- Implied License --- p.236
Chapter 8.6 --- Fair Use --- p.242
Chapter 9 --- Fair Use or Fair Dealing? --- p.246
Chapter 9.1 --- Introduction --- p.246
Chapter 9.2 --- Fair Dealing in China --- p.248
Chapter 9.2 --- Introduce a Flexible Exception into Copyright in China --- p.263
Chapter 10 --- Conclusion --- p.272
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Parnell, Paul P., University of Western Sydney, and Faculty of Law. "Information technology law : 'micro-agreements' in systems integration and outsourcing projects : recognising and managing the legal implications of day to day interactions between parties to large and complex information technology projects." 2000. http://handle.uws.edu.au:8081/1959.7/25573.
Full textAbstract:
This work describes the concept of 'micro-agreement', representing the many forms of interaction occurring between parties involved in large and complex information technology projects. Micro-agreements can provide benefits as well as disadvantages to such projects and need to be effectively managed. This work begins by describing the nature of information technology projects from an engineering perspective, particularly in light of the problems that may occur. The existing legal doctrines that are relevant to such projects are then described and expanded into the concept of a micro-agreement. The concept of micro-agreement is supported through the analysis of a number of csae studies relevant to the information technology industry, together with further analysis of legal relationship models. A number of key recommendations are made which provide support for gaining maximum benefits from micro-agreements. These recommendations include: linking information technology contracts to software engineering best practice; using an appropriate legal relationship model; and developing an industry wide Information Technology Code of Conduct.Master of Laws (Hons)