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Surveillance, Security and Democracy - JURD7437

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS8037

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This subject examines the use surveillance (the techniques of social control through the use of information technology) in both the public and private sectors, information privacy (or 'data protection') law and freedom of expression law as a response to security concerns. Corporations wish to protect their assets from appropriation and misuse. Governments wish to protect their citizens from crime, terrorism, and in less democratic nations, from political dissent. The pervasiveness of Internet use by business, government and citizens has surveillance, privacy protection, freedom of expression and security at the centre of the emerging information economy and information society. This subject examines surveillance, security and some of the underpinnings of democracy (public discourse, free expression, privacy, due process) through the focus of these Australian laws, but also considers their place in an emerging international context.

Recommended Prior Knowledge

None.

Course Objectives

To examine the concepts of 'privacy' (particularly 'information privacy' or 'data protection') and 'surveillance' (particularly 'data surveillance') and to attempt to identify the values at issue in laws dealing with these subjects
To introduce the international agreements influencing Australia's domestic privacy laws
To examine the concepts of freedom of expression and to attempt to identify the values at issue in laws dealing with these subjects
To examine many of the new technologies which enable surveillance (Internet Service Provider data collection, storage, deep pack inspection, Internet filter, and censorship)
To undertake a reasonably comprehensive and critical survey of the key general laws (statutory and other) that protect information privacy and freedom of expression. The emphasis is on the law applying in New South Wales and Commonwealth, and those aspects of international law that are relevant
To obtain a more in-depth understanding of the operation of data surveillance and data protection practices and these laws in a selected area of business, government or society, depending on individual interests

Main Topics

Overview of information privacy; Brief history of privacy legislation and the protection of freedom of expression in Australia
What is privacy / surveillance? - Theories
What is freedom of expression? – Comparative systems (Eg. Australia, Canada and the United States)
How does technology enhance the protection of civil liberties? How does technology impinge on civil liberties?
Key concepts in privacy laws / surveillance
Key concepts in security
Essential knowledge of the technologies used in surveillance
Enforcement and administration of privacy and freedom of expression
Collection principles
Surveillance laws
Use and disclosure principles
Access and correction principles (“Right to Forget”)
Special Topics: Wikileaks, the Use of the Internet to Affect Political Change (Eg. Libya, Egypt, Yemin, etc.).

Assessment

This subject will be assessed on the following basis:

4 x 1-2 page Notes and Queries (critical thoughts on readings, per class) – 10% per note - 40%
6000 word research essay OR 5 minute video with accompanying 2 page report - 60%

Course Texts

Prescribed