Legal Considerations in the Use of Artificial Intelligence in the Investigation of Online Child Exploitation
In: ANU College of Law Research Paper No. 21.44
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In: ANU College of Law Research Paper No. 21.44
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This paper considers intellectual property rights (IPR) enforcement from the perspective of criminal law, and in particular, drawing on recent Australian legislative reforms concerning
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This paper considers intellectual property rights (IPR) enforcement from the perspective of criminal law, and in particular, drawing on recent Australian legislative reforms concerning
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In: Crime, law and social change: an interdisciplinary journal, Band 46, Heft 4-5, S. 207-221
ISSN: 1573-0751
The regulation of technology is an important and topical area of law, relevant to almost all aspects of society. Technology Law: Australian and International Perspectives presents a thorough exploration of the new legal challenges created by evolving technologies, from the use of facial recognition technology in criminal investigations to the rise and regulation of cryptocurrencies. A well-written and fascinating introduction to technology law in Australia and internationally, Technology Law provides thorough coverage of the theoretical perspectives, legislation, cases and developing issues where technology and the law interact. The text covers data protection and privacy, healthcare technology, criminal justice technology, commercial transactions, cybercrime, social media and intellectual property, and canvasses the future of technology and technology law. Written by leading experts in the field, Technology Law is an excellent resource for law students and legal professionals with an interest in the area
In: (2022) 3(2) ANU Journal of Law and Technology
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In: An earlier version of this chapter was published in the International Journal of Cyber Criminology, January – June 2019. Vol. 13(1): 38–54. Reprinted with permission
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Forensic DNA profiling uses non-coding parts of the human genome to compare DNA profiles and establish links between individuals and crimes under investigation. In most situations, only a complete match between such profiles is significant. However, it is also possible to identify individuals through familial matching, for example, where a DNA database search yields a partial match with a suspect profile, suggesting that the suspect is a close relative of the person on the database. It has also become possible through DNA phenotyping to analyse coding parts of the human genome to produce a probabilistic assessment that the suspect is, for example, of a particular racial background, or has a particular hair or eye colour. Neither of these more novel techniques is mentioned in Australian forensic procedures legislation. This article argues that familial matching uses the traditional DNA profiling methodology and is no more invasive than established methods of investigation. However, DNA phenotyping employs a different methodology from traditional DNA profiling, and generates information beyond simply generating a means of identification. DNA phenotyping for externally visible traits should be permitted, but analysis for other traits, such as pathophysiology and psychopathology, should only be permitted if certain conditions are met.
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Forensic DNA profiling uses non-coding parts of the human genome to compare DNA profiles and establish links between individuals and crimes under investigation. In most situations, only a complete match between such profiles is significant. However, it is also possible to identify individuals through familial matching, for example, where a DNA database search yields a partial match with a suspect profile, suggesting that the suspect is a close relative of the person on the database. It has also become possible through DNA phenotyping to analyse coding parts of the human genome to produce a probabilistic assessment that the suspect is, for example, of a particular racial background, or has a particular hair or eye colour. Neither of these more novel techniques is mentioned in Australian forensic procedures legislation. This article argues that familial matching uses the traditional DNA profiling methodology and is no more invasive than established methods of investigation. However, DNA phenotyping employs a different methodology from traditional DNA profiling, and generates information beyond simply generating a means of identification. DNA phenotyping for externally visible traits should be permitted, but analysis for other traits, such as pathophysiology and psychopathology, should only be permitted if certain conditions are met.
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In: ANU College of Law Research Paper No. 11-04
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Working paper
In: Law, science and society
Cover; Half Title; Title Page; Copyright Page; Table of Contents; List of illustrations; 1. Foundations of biometric identification; Introduction; Identification methods and issues; Police information systems; Theoretical perspectives; References; 2. Fingerprint biometrics; Introduction; Scientific and historical development; Databases; Applications and issues; References; 3. DNA identification; Introduction; Scientific and historical development; DNA databases; Criminal prosecution; New techniques; References; 4. Facial recognition; Introduction; Scientific and historical background.
This paper discusses the prevalence of bot-infected computers in Taiwan and China and why bot-infected computers are so prevalent in Taiwan and China. Reports have shown that Taiwan and China are the top two countries in the Asia-Pacific and Japan (APJ) region where bot-infected computers are located. However, there is still little empirical study on the reasons why China and Taiwan rank so high in terms of bot-infected computers. Based on interview data collected in 2008 and 2009 in the Greater China area, this paper analyses the prevalence of bot-infected computers in Taiwan and China from five perspectives: technical perspective, user perspective, political perspective, cultural perspective and business perspective.
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This paper discusses the prevalence of bot-infected computers in Taiwan and China and why bot-infected computers are so prevalent in Taiwan and China. Reports have shown that Taiwan and China are the top two countries in the Asia-Pacific and Japan (APJ) region where bot-infected computers are located. However, there is still little empirical study on the reasons why China and Taiwan rank so high in terms of bot-infected computers. Based on interview data collected in 2008 and 2009 in the Greater China area, this paper analyses the prevalence of bot-infected computers in Taiwan and China from five perspectives: technical perspective, user perspective, political perspective, cultural perspective and business perspective.
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This article critically analyses the prospects for introducing United States anti-fraud (or anti-false claims) laws in the Australian health care setting. Australian governments spend billions of dollars each year on medicines and health care. A recent report estimates that the money lost to corporate fraud in Australia is growing at an annual rate of 7%, but that only a third of the losses are currently being detected. In the US, qui tam provisions - the component of anti-fraud or anti-false claims laws involving payments to whistleblowers - have been particularly successful in providing critical evidence allowing public prosecutors to recover damages for fraud and false claims made by corporations in relation to federal and state health care programs. The US continues to strengthen such anti-fraud measures and to successfully apply them to a widening range of areas involving large public investment. Australia still suffers from the absence of any comprehensive scheme that not only allows treble damages recovery for fraud on the public purse, but crucially supports such actions by providing financial encouragement for whistleblowing corporate insiders to expose evidence of fraud. Potential areas of application could include direct and indirect government expenditure on health care service provision, pharmaceuticals, medical devices, defence, carbon emissions compensation and tobacco-related illness. The creation in Australia of an equivalent to US anti-false claims legislation should be a policy priority, particularly in a period of financial stringency.
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