Legal and Ethical Issues 2015.ppt

23 trade in email addresses with the aid of data

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23 Trade in eMail Addresses With the aid of data mining software, computers could alter the collection and processing of database to provide marketers with eMail addresses Organisations are willing to pay thousands of dollars for databases that provide email addresses Anti-email Harvesting Provisions Prohibits the supply, acquisition or use of software that "harvests" electronic addresses from the internet for the purpose of sending spam Prohibits the provision, acquisition or use of address lists to send spam
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24 NSW Man in Court over eMail Scam A 39-year-old disability pensioner Nick Marinellis was charged with a total 24 offences, over the so- called Nigerian or West African scam that has fleeced victims of more than $5 million. Charges include obtaining money by deception and conspiracy to cheat and defraud. Mr Marinellis is accused of setting up a website to con victims into believing they could claim millions of dollars through lottery winnings, if they first sent of money to cover "expenses“.
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25 Bank Internet Fraud using eMail Spam A man was detained in connection with email scam targeted at Commonwealth Bank's Internet banking customers Victims were fooled by Spam email which carried the bank’s logo – with instruction to activate their account by following a hyperlink embedded in the body of the email Customers were directed to login at what appeared to be the Bank’s website The suspect was charged with one count of being an accessory to obtaining money by deception under NSW laws
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26 Jurisdiction Issues in relation to the Internet Some of the challenges: Identifying the location where the alleged offence was perpetrated (eg. using a computer where offender is located) and the location where the harm resulted (eg. victims or damage to computers) Deciding which sovereign nation and courts should have jurisdiction over the case Deciding which law applies to what conduct eg. computer offences, defamation, spam, fraud and deception
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27 Case study: Dow Jones v Gutnick Plaintiff Gutnick who resides in Victoria, chose to initiate an action in defamation in the State of Victoria against a US based Publisher, Dow Jones. The alleged defamatory was uploaded to Dow Jones’ computer in the US and available by subscription over the Internet to worldwide subscribers. As the alleged defamatory material was download by readers in the Australian state of Victoria, Gutnick sought to confine his claim in the Supreme Court of Victoria to the damage he alleged was caused to his reputation in Victoria as a consequence of the publication that occurred in that state.
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28 Decision: Dow Jones v Gutnick Which court (US or Victoria) should have jurisdiction to hear the case?
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  • One '14
  • Privacy law, E-mail spam, service providers, carriage service providers, Trans-Border Data Privacy

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