代写LAWS7855 Law, Technology and Global Business Semester Two, 2024代做Java语言

LAWS7855 Law, Technology and Global Business

Semester Two, 2024

Question 1

Richard is a director of a company which imports and exports goods.  The company has asked Richard to provide written advice on the following issues.  Currently the company has a policy that for “practical” reasons all email older than 12 months should be deleted, and secondly, that for reasons of reputation all staff have been instructed to remove “objectionable” images and text from their personal social media such as Facebook, Instagram and Twitter (X).

· Provide advice on the permissible methods of retaining documents and of the possible rulings by the Courts if such documents are required to be used as evidence.

· What is the secondary evidence rule?  Does the secondary evidence rule apply to facsimiles and emails?  If so, explain how and which is the original and which is the copy?

· Can printouts of emails and attachments be tendered as evidence in court? Explain.

· Can electronically scanned documents be tendered as evidence in court? Explain.

(30 marks)

Question 2

The emergence and advancement of technology has facilitated swift and efficient communications in international commerce and business.   Discuss:

· the emergence of Smart Contracts;

· the legality of Smart Contracts in global business; and

· how Smart Contracts may be used – provide examples.

What are the risks, advantages and disadvantages associated with smart contracts?  Is distributed ledger technology required for smart contracts?

(30 marks)

Question 3

Answer (a), (b) and (c)

(a) Explain the difference between information privacy and personal privacy.

(b) Explain how and the extent to which the Australian Privacy Principles apply to the protection of an individual’s privacy on the internet and in the use of electronic mail.  Include in your answer the extent of acts, entities and practices which are exempt.

(c) Mary comes to you for advice on personal privacy.  She recently rented a room in a shared house in St Lucia.  She (and others) pay rent to the owner Aaron who lives in another room in the house.  After hearing noises in the roof area, Mary and the others have discovered that Aaron has been spying on Mary and other tenants through small holes in the roof and that there is a mattress and electronic equipment in the roof area.  Advise Mary whether she has any civil action available against Aaron.  Are any criminal sanctions applicable against Aaron with respect to privacy? Explain.

(30 marks)

Question 4

Dianne runs several online businesses.  Many of the online agreements are substantial and she wants to ensure that the contracts are binding.  Advise Dianne on the legal effect of clicking “I agree” icons on the Internet.  Provide specific advice on Clickwrap and Browsewrap agreements. Refer to applicable cases.

(30 marks)

Question 5.

Answer any two of the following four questions.

(A) The Innovation Diffusion Theory has been suggested as a means to assist office managers in encouraging the use of technology. What are the underlying principles?  How can the theory be utilised by global business?  Provide examples that relate to global business.

(B) Aaron runs a technology company whose main business relates to the connection and interoperability of various devices.  Aaron has heard of the expression the “Internet of Things” (IoT) which he believes includes everyday smart devices that connect to the internet, both commercial and domestic.  Explain to Aaron (using references and authorities):

· What is the IoT?  

· What are the perceived risks associated with IoT?  

· What steps has Australia taken to regulate IoT?  

· Compare Australia’s approach to one or more other jurisdictions internationally.

(C) Martha operates a business which imports and exports goods.  She seeks your advice on the UNCITRAL Model Law of Electronic Transferable Records (MLETR).  Advise Martha on:

· The rationale for the MLETR;

· How does the MLETR potentially improves Global Business including Martha’s business;

· The key features of the MLETR.

(You may refer to the provisions of the MLETR or of the provisions of a country which has implemented its provisions.)

(D) Ziva is the CEO of a company dealing with contracts sent by email.  Advise Ziva on the practice of using electronic contracts, in particular:

• the time of receipt of an email offer and of an acceptance;

• the time of dispatch of an email offer and of an acceptance;

(You may refer to the Electronic Communications Convention or the Electronic Transactions Act 1999 (Cth).  

(15 marks each)

[Total for Question 5 – 30 marks]