Problems with consumer confidence resulting from risks to security of online transactions and a history of internet scams have been nominated as factors that have inhibited the growth of e-commerce in Australia, including banking as an optional special case. Assess the level of protection from Internet scams that the law currently offers to buyers and sellers, or online banking customers, on the Internet, offering any suggestions for measures that may improve consumer confidence. Look in particular at the recent review of the EFT Code of Conduct in Australia, the proposals to transfer liability for unauthorised transactions related to computer malware infections to customers, and the contrary outcome in New Zealand, where this proposal did go ahead, leaving the two countries with different rules in this area.

The regulation of the internet in Australia is characterised by attempts to prevent certain conduct. The Interactive Gambling Act 2001, the Spam Act 2003 and Schedule 5 to the Broadcasting Services Act 1992 all aim to prohibit specified activities in relation to the internet. Assess both the effectiveness of these three acts and the overall approach to internet regulation in Australia . Compare at least on of these with a international counterpart, such as in the US or Europe.

The incoming government proposes to spend several billions of dollars to extend broadband infrastructure. Assess the likely impact of the rules in relation to competitive access, and the various network architectures (current, FTTN, FTTH etc.), and argue the case for either stronger controls on competitive access to the proposed infrastructure funded by this public subsidy, or a more ‘free market’ approach that takes less account of regulation designed to restrain monopoly behaviour (though frame your answer with a view to the interests of users, not market participants). (Refer to any document or statement issued during the course by the Minister, Senator Conroy in relation to the operation of these provisions.)

While some critics hold the view that Australia’s various defamation laws stifle public debate, others think that they are necessary in order to protect people’s reputation. Review up to four defamation cases decided in Australia in the last 10 years, especially those decided since the changes in 2005, and provide your view on the level of protection the law offers to both reputation and free speech.  Also comment on any other recent legal developments which might affect a citizen’s capacity to freely express themselves about any topics they choose, and in any media.

The Classification Act 1995 and the Guidelines for the Classification of Films and Computer Games 2003 have been used to classify and in some cases prohibit the sale of computer games in Australia. One of the reasons that games might be banned is that they are classified ‘R18+’. Examine two recent decisions of the Classification Board or the Classification Review Board relating to computer games and present your views on whether the Australian system for classifying games adequately meets the needs of both games users and the wider community. Take into account arguments and evidence about the impact of the more recent examples of immersive, violent multiplayer online games, where relevant.

In both the US and Australia record companies have been diligent in pursuing companies that provide software which might enable users to exchange music files at little or no cost. Taking into account the key court cases (including those dealing with Cooper, Kazaa and Grokster), assess arguments made by record companies seeking to protect their rights and those of their artists; software providers; and the users who benefit from the software. Comment on whether the changes to the law introduced by the Copyright Act amendments in December 2006 have affected or improved the balance in any significant way.