Melbourne Law School - Research Publications

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Author: Chang, Shanton × End date: 2021 × Start date: 2021 ×

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    Strengthening Australia’s cybersecurity regulations and incentives: Response to the Department of Home Affairs Discussion Paper
    Achrekar, A ; Ahmad, A ; Chang, S ; Cohney, S ; Dreyfus, S ; Leckie, C ; Murray, T ; Paterson, J ; Pham, VT ; Sonenberg, E ( 2021)
    The development of the regulatory and incentives framework is a key opportunity to align Australian enterprises’ cybersecurity practice with latest research, particularly on consumer protections, and emerging cyber threats and security challenges. The Australian Government has an essential role in establishing incentives to encourage best practice and consequences to combat poor practice. It will be increasingly important for government at all levels to act as a role model, by following best practice in the conduct of its public business.
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    The Hidden Harms of Targeted Advertising by Algorithm and Interventions from the Consumer Protection Toolkit
    Paterson, JM ; Chang, S ; Cheong, M ; Culnane, C ; Dreyfus, S ; McKay, D (National Law School of India, 2021-01-01)
    Developments in pervasive data collection and predictive data analytics are allowing firms to target consumers with increas ingly precise personalisedbehavioural and contextual advertising. These techniques give rise to new risks of harm in the attention economy by unduly influencing or manipulating consumers' deci sions and choices, and by narrowing the product options visible and available to them. In many countries, the legal response to concerns about targeted advertising by algorithm has been focused on privacy protection and data rights. These are important initiatives. However; consent-based data rights are unlikely to provide a comprehensive or even adequate response to the risks of harm to consumers occasioned by the kinds of algo- rithmically targeted advertising that are now possible. This paper suggests that a suite of responses from the consumer protection toolkit are required to address the different and potentially harm ful manifestations of algorithmic ally targeted advertising. These include bans and warnings as well as making use of standard safe- ty-net prohibitions on misleading and unconscionable/unfair con duct already in place in many jurisdictions.