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27 Cards in this Set
- Front
- Back
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What allows lawyers to be more efficient and accurate? |
E-solution has been e-libraries such as Westlaw or LexisNexis |
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What is ODR? And why do people use it? |
ODR - online dispute resolution. Allows people will little money to achieve justice. It cost money for court expenses as well as travelling to court. ODR is much cheaper and less time consuming. |
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What is a key thing technology allows in terms of making laws and regulations? |
Allows creation of ideas, theories and innovative processes. |
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Name 3 negatives to technology. |
1) Individuals’ privacy may be at stake 2) breaches of data protection (phones & devices and internet search) 3) through the penetration of cyber crime |
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Name 5 positives about CCTV. |
1) (closed-circuit television) used to track, monitor & maintain security. 2) prevent & detect crime on transport 3) new HD cameras can track over 1 mile away. 4) 5.9 million cctv cameras in country so eases justice 5) can be used by public and private sectors. |
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Name 2 negatives of CCTV. |
1) breach of privacy - Act 8 ECHR 2) used by both private and public so hard to officially regulate apart from mention in Data Protection Act 1998. |
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What is Section 69 of the Police & Criminal Evidence Act |
— any use of digital image as evidence must be accompanied by a certificate stating that computer system was at all times operating properly and is an accurate record. |
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Explain Wood v Commissioner of Police for Metropolis 2009 |
The police took and retained photographs of a person connected with a group opposed to the arms trade. It was considered an interference under Article 8. |
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Explain Rynes v Urad 2014 |
Mr Rynes installed a CCTV camera outside his home. It covered his entrance, his neighbours entrance and the public footpath. He tried to use the footage when his windows were smashed but couldn’t as CofJ held it breached Czech data protection law as monitored public space. |
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What 5 things might drones be in conflict with? Why? |
- aviation law - data protection - privacy - confidentiality - harassment Because they are recording without consent. |
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What recommendation did House of Lords EU committee make? |
That drone flights must be traceable through an online database which the general public could access (register ownership) |
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What two companies have future plans of development in terms of drones ? |
Google and Amazon have plans for “Prime Air” and “Wing” |
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What are some issues of technology advancements ? |
- a lot of personal data is stored - can be used by criminals - can be used by police and government to catch criminals - privacy rights could be breached - privacy could be accessed without knowledge |
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What regulation governs mobile phone tracking? |
Investigatory Powers Act 2000 |
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What is cyber-crime? |
- A crime which a computer is the object of the crime. -Used as a tool. - may use to access personal data, businesses trade secrets, or use the internet for malicious purposes. |
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When did cyber crime first come into place and how common is it? |
In the 1980s. - hacking became an issue In 2017, Estimated 3.6 billion cases of fraud and 2 million computer misuse offences. |
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What two offences are there in terms of cyber crime and what’s the act with them? |
Act: Computer Misuse Act 1990 - unauthorised access to computer material (finding, guessing a password) - unauthorised access, with intent, to commit or facilitate a crime. (Intention to do something illegal) |
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Name 4 problems of technology; 4 types of cyber crime. |
- phising- a form of fraud where an attacker represents him/herself as being reputable and tries to learn information in order to defraud an innocent victim. - identity fraud - when a person uses info about someone to be them without permission. - mail bombing - sending a really large email to fill up a recipients space on a computer- causing computer to break. - website defacement - electronic graffiti on a website. Costs money to change it. |
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Name a case relating to artificial intelligence (robots and driverless cars). |
There’s always the question of who is to blame for a fault. Tesla - in May 2016 the car did not detect a lorry turning in front of it from two lanes away. Tesla said it wasn’t their fault of autopilot system. |
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What is a major problem of technology with contract law? |
It is really hard to keep up to date with changing technology in terms of making new laws. This is showing in the postal rule which doesn’t cover emails and texts very well. |
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What are two laws to help bring technology and contract together at more ease? |
- Electronic Commerce Regulations 2002 - regulate buying and selling online. - The Electronic Money Directive 2000/2009 - covering secure electronic money services. EG/ payment online. |
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What act protects our privacy? What is it? |
Investigatory Powers Act 2016 - law enforcement, security and intelligence agencies are used to govern investigatory powers. - obtains communications and data to bring existing powers together. - overhauls the way the powers are authorised as well as overseen. - ensures powers are fit for the digital age. |
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What are 5 benefits of the Investigatory Power Act 2016? |
1) introduces a new standard of openness. 2) approval to a range of powers, like bulk collection of information. 3) greater safeguards - like need for judicial approval for the issue of a warrant. 4) it does everything to ensure that in the future, intelligence and law enforcement-agencies only use such powers as parliament has approved. 5) the operation of the act must be reviewed every 6 years. |
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Negatives of the Investigatory Powers Act 2016? |
1) The UK now has a surveillance law that is more suited to a dictatorship then a democracy. Ik citizens can be monitored and analysed regardless of whether They are suspected of criminal activity or not. - Jim Killock 2) GCHQ, National Crime Agency, Food standards Agency and the NHS will have the power under IPA2016 to check person’s internet searching records. 3) GDPR Conflicts with this law. Individuals have greater power to control how their data can be used and could include the rights to have certain data completely erased. |
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What is the Data Protection Act 1998? |
- gives legal rights to people who’s information is stored electronically as well as paper-based records. — includes information that could reasonably be put together to divulge personal info about someone. |
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What is GDPR? |
- EU’s General Data Protection Regulation (GDPR) is applicable in all member states from May 2018. - reshapes the way business hold and collect data. - this regulation protects all citizens of the EU regardless of where the business is located. - companies can be fined up to 20 million euros for non-compliance. - a company will only be able to use and store data with very clear consent. Hopefully these increased powers will made data collection more accountable. |
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What are cross boarder issues? |
Some countries have different thoughts and laws on whether a crime has taken through cyber-crime. EG/ in Russia and Eastern European Countries. So people could set up theirs operations there so there’s no justice. |
