USQStudyDesk: My home > My courses > Fac of Bus, Educ, Law & Arts > 2015 Semester 1 >LAW2301_2015_1 > Assessment > Online Test 3 - Due 5 June 2015 5pm

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e-Law

Online Test 3 - Due 5 June 2015 5pm

Which statement is not a feature of thePrivacy Act 1988 (Cth)?

Select one:a. The Privacy Act provides guidelines for the collection, handling and useof tax file number information by both public and private sectororganisations

b. The Privacy Act 1988 (Cth) includes 13 Information Privacy Principles(IPPs)

c. the IPPs regulate the handling of personal data by CommonwealthGovernment Departments

d. the Privacy Act (as amended) extends privacy protection to the privatesector

USQ TIME 5:55 pm Thu, 4 Jun 2015

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In the US case of Kathleen R v City of Livermore 87 Cal App 4th 684 (2001), thefacts of the case related to:

Select one:a. The plaintiff (the mother) who brought an action against the City ofLivermore for providing Internet access and web-hosting services to thevendors of illegally taped videotapes showing university football players(her son) in their dressing room. The court rejected the plaintiff's claims(that included) tort of negligence

b. The plaintiff (the mother) who brought an action against the City ofLivermore for providing Internet access that allowed her son to engagein acts of illegal file-sharing on peer-to-peer networks resulting in breachof copyright of over 34 lawful copyright holders of R+18 cinematicmaterials. The court rejected the plaintiff's claims (that included) breachof copyright and breach of content regulation legislation

c. The plaintiff (the mother) who brought proceedings against the City ofLivermore after her 12 year old son downloaded pornographic imagesfrom the Internet at the public library and showed them to otherchildren. The court rejected the plaintiff's claims (that included) waste ofpublic funds and public nuisance

The Broadcasting Services (Online Services) Amendment Act 1999 (Cth) definitionof 'Internet Content' would include:

Select one:a. ordinary electronic mail, information that is transmitted in the form ofa broadcasting service

b. material available on the world wide web, postings on newsgroupsand bulletin boards

c. material available on the world wide web, postings on newsgroupsand bulletin boards, ordinary electronic mail, and information that istransmitted in the form of a broadcasting service

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The definition of a 'record' includes:

Select one:a. a document, a database, a photograph or other pictorialrepresentation of a person; newspaper; magazine; records that are theproperty of the Commonwealth and which are available for public access

b. a document, a database, a photograph or other pictorialrepresentation of a person; newspaper; magazine; or other publicationthat is generally available to members of the public

c. a document, a database, or a photograph or other pictorialrepresentation of a person

'Privacy' is a difficult concept to define. One useful categorisation of privacyincludes:

Select one:a. Confidentiality privacy; personal space privacy; privacy ofcommunications; property privacy

b. Information privacy; bodily privacy; privacy of communications;territorial privacy

c. Information privacy; personal space privacy; privacy ofcommunications; property privacy

d. Knowledge privacy; bodily privacy; privacy of communications;territorial privacy

Select the statement that deals most fully with the Content Codes that theInternet Industry Association Content Codes may develop:

Select one:a. Internet Service Provider obligations with respect to providing accessto content hosted outside Australia

b. The Content Codes deal with all of the options

c. Internet Service Providers obligations with respect to providing accessto content hosted within Australia

d. Internet Content Host obligations with respect to hosting contentwithin Australia

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Which statement best describes the functions and actions that theCommonwealth Privacy Commissioner is authorised to carry out:

Select one:a. handling complaints and investigating alleged breaches of the PrivacyAct 1988 (Cth); compliance audits; monitoring technologicaldevelopments; providing advice to the Attorney-General and theAustralian Government on privacy issues; preparing privacy impactassessment on proposed laws that may affect the privacy of individuals;power to audit Commonwealth Government agencies and some privatesector organisations for Privacy Act 1988 (Cth) compliance

b. handling complaints and investigating alleged breaches of the PrivacyAct 1988 (Cth); conducting privacy compliance audits; promotingcommunity awareness; monitoring technological developments;providing advice to the Attorney-General and the Australian Governmenton privacy issues

c. handling complaints and investigating alleged breaches of the PrivacyAct 1988 (Cth); conducting privacy compliance audits; promotingcommunity awareness; monitoring technological developments;providing advice to the Attorney-General and the Australian Governmenton privacy issues; preparing privacy impact assessment on proposedlaws that may affect the privacy of individuals; power to auditCommonwealth Government agencies and some private sectororganisations for Privacy Act 1988 (Cth) compliance

The Crimes Legislation Amendment (Telecommunications Offences and OtherMeasures) Act (No. 2) 2004 (Cth) provides for offences in which a person usesa carriage service (including the Internet) to either access material or causematerial to be transmitted, or make material available or publish orotherwise distribute material where the material is child pornography. Thepenalty is imprisonment for 10 years. Is this statement TRUE or FALSE?

Select one:a. The statement is true

b. The statement is false

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If the Australian Communications and Media Authority (ACMA) is satisfied(after investigation) that the Internet content hosted in Australia isprohibited content, then:

Select one:a. The ACMA must contact the Internet Content Host requesting anexplanation concerning the prohibited content

b. The ACMA must give the Internet Content Host (ICH) a written notice,known as a final take-down notice directing the ICH not to host theprohibited content

c. The ACMA may give the Internet Content Host (ICH) a 'show cause'notice suggesting the ICH may not host the prohibited content

'Web bugs' are:

Select one:a. Small graphics embedded in webpages and email messages which areused to track and deal with spyware as a form of privacy enhancingtechnology

b. Small graphics embedded in webpages and email messages whichcan be used to track who is visiting a website, how many people havevisited that website and the number of times an email has beenforwarded and read

c. Graphics that are embedded in webpages to provide information thatthe Internet user has authorised can be used about them

The Crimes Legislation Amendment (Telecommunications Offences and OtherMeasures) Act (No. 2) 2004 (Cth) provides for an offence for a person todishonestly obtain or deal in personal financial information without theconsent of the person to whom the financial information relates, where'personal financial information' is defined to mean information that may beused to access funds, credit or other financial benefits. Is this statementTRUE or FALSE?

Select one:a. The statement is false

b. The statement is true

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The APPs and the IPPs are very similar in that they deal with the collection,use, disclosure and access of personal information. One of the keydifferences between the sets of principles is:

Select one:a. Only the IPPs deal with the handling of sensitive information, and thetransfer of personal information overseas

b. Only the APPs require that an organisation must provide access to anindividual concerning their personal information in order for correctionsto be made

c. Only the APPs deal with the handling of sensitive information, and thetransfer of personal information overseas

There are 13 Australian Privacy Principles. They are:

Select one:a. Collection; Use and disclosure; Data quality; Data security; Datadestruction; Access and correction; Identifiers; Anonymity; Transborderdata flows; Sensitive information

b. Collection; Use and disclosure; Data quality; Data security; Databreach notification; Access and correction; Identifiers; Anonymity;Transborder data flows; Sensitive information

c. Collection; Use and disclosure; Data quality; Data security; Openness;Access and correction; Identifiers; Anonymity; Data breach notification;Sensitive information

d. Management; anonymity; collection; unsolicited information;notification; use or disclosure; direct marketing; cross-border disclosure;adoption of government identifiers; quality; security; access; correction

Several widely-used internet technologies have a significant negative impacton privacy, including:

Select one:a. cookies, web bugs, URL's, IP's, and spyware

b. PET's, web bugs, and spyware

c. cookies, web bugs, HTTP and spyware

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A 'cookie' is:

Select one:a. a circular object that when consumed is enjoyable

b. a small text file generated by a web server which is stored on the harddrive of a user when the website is accessed.

c. a small graphic embedded in webpages and email messages, whichcan be used to track who is visiting a website

The Crimes Legislation Amendment (Telecommunications Offences and OtherMeasures) Act (No. 2) 2004 (Cth) provides for offences in which a carriageservice (including the Internet) has been used to make a threat to kill, if theperson making the threat intends the receiver of the threat to fear that thethreat will be carried out. The penalty is imprisonment for 10 years. Is thisstatement TRUE or FALSE?

Select one:a. The statement is true

b. The statement is false

Which option best defines 'prohibited content' where content is hostedoutside Australia:

Select one:a. Internet content that has been classified 'RC' or 'X 18+'

b. Internet content that is subject to a restricted access system such asage verification

c. There is no definition for 'prohibited content'

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Which option best defines 'prohibited content' where content is hosted inAustralia:

Select one:a. Internet content that is subject to a restricted access system such asage verification

b. Internet content that has been classified 'Refused Classification' or 'X18+' or has been classified 'R 18+' and is subject to a restricted accesssystem such as age verification

c. Internet content that has been classified 'Refused Classification' or 'X18+' or has been classified 'R 18+'

d. Internet content that has been classified 'Refused Classification' (RC)or 'X 18+' or has been classified 'R 18+' and is not subject to a restrictedaccess system such as age verification

The definition of 'personal information' would include:

Select one:a. information or an opinion (including information or an opinionforming part of a database) whether true or not, and whether recordedin a material form or not about an individual whose identity is apparentor can reasonably be ascertained from the information or opinion

b. information that is true and accurate (including information formingpart of a database) that is recorded in a material form about anindividual whose identity is apparent or can reasonably be ascertainedfrom the information

c. information or an opinion, whether true or not, and recorded in amaterial form about an individual whose identity is apparent or canreasonably be ascertained from the information or opinion

d. information that is true and accurate (including information formingpart of a database) that is recorded in a material form about anindividual whose identity is verifiably certain

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The case ofC v Australian Government Agency [2007] PrivCMrA 3 related to thefacts in which the complainant tendered a doctor's letter stating that thecomplainant suffered from a mental illness. When the review bodypublished its decision and the hearing transcript on its website, much of thecomplainant's personal information was omitted from the onlinepublication, including information from the doctor's letter. However, thetranscript published on the website still included mention of the diagnosis ofmental illness.

Select one:a. The complainant requested the agency to remove the publication, inparticular the reference to mental illness, and the agency agreed to doso.

b. The complainant requested the agency provide a copy of thepublication to the complainant, but the agency refused to do so.

c. The complainant requested the agency to remove the publication, inparticular the reference to mental illness, but the agency refused to doso.

Which statement best describes the legal protection for privacy in Australia?

Select one:a. There is no general right to privacy under Australian Law

b. Privacy of personal information is protected under a mix ofCommonwealth, State & Territory legislation

c. All of the statements

d. Privacy of personal information is protected through the action forbreach of confidence and contract law

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Section 408D, Queensland Criminal Code Act 1899 (inserted in 2007)addresses which crime?

Select one:a. the growing incidence of crimes committed by use of informationtechnology and involving the use of false personal identificationinformation, therefore closing the gap seen to exist where a personpossessed, obtained or supplied another person's personal identifyinginformation with the intention of using it for a criminal purpose but didnot proceed to commit the substantive offence

b. the growing incidence of crimes committed by terrorists in which theInternet is used to facilitate the recruitment and funding of terroristorganisations

c. None of the these crimes

d. the growing incidence of crimes involving child pornography on theInternet and the dissemination of pornographic materials throughwebsites

Privacy has become a key concern, especially for Internet users, due to thefollowing (choose the best answer):

Select one:a. Digital technology enables large volumes of data to be collected,stored and accessed quickly, easily and cheaply coupled withdevelopments of other digital technologies such as digital cameras andmobile phones that broaden the information that can be accessed

b. The Internet is a source of websites, such as pornography andgambling, that are used more than any other website and users do notwant this information to be collected and stored about them

c. Digital technology enables large volumes of data to be collected,stored and accessed quickly, easily and cheaply; developments of otherdigital technologies such as digital cameras and mobile phones thatbroaden the information that can be accessed; information can be easilyuploaded to internet websites; the ability for powerful search engines toretrieve even obscure information; Internet technologies that can gather,match, profile, replicate and distribute such information

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Which statement best describes the requirements and outcomes concerningthe making of a complaint about prohibited or potential prohibited contentthat can be accessed via a carriage service or being hosted in Australia:

Select one:a. The person must have a reason to believe that the content is beingaccessed or hosted; the complaint must be in writing to the AustralianCommunications and Media Authority; the person making the complaintmust be either an individual who resides in Australia, or be a bodycorporate carrying out activities in Australia

b. The person must make the complaint in writing to the AustralianCommunications and Media Authority; the person making the complaintmust be either an individual who resides in Australia; the ACMA mustinvestigate such a complaint (unless it is frivolous or not made in goodfaith)

c. The person must have a reason to believe that the content is beingaccessed or hosted; the complaint must be in writing to the AustralianCommunications and Media Authority; the person making the complaintmust be either an individual who resides in Australia, or be a bodycorporate carrying out activities in Australia; the ACMA must investigatesuch a complaint (unless it is frivolous or not made in good faith)

The offence of computer hacking and misuse, under section 408E (1), of theQueensland Criminal Code 1899 provides that:

Select one:a. A person who uses a restricted computer without the consent of thecomputer's controller commits an offence. The maximum penalty is 10years imprisonment

b. A person who uses a restricted computer without the consent of thecomputer's controller commits an offence. The maximum penalty is 2years imprisonment

c. A person who uses a restricted computer without the consent of thecomputer's controller commits an offence. The maximum penalty is 5years imprisonment

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Select the best response that best describes the legislation introduced by theCommonwealth Government to deal with Internet crime:

Select one:a. Legislation has been introduced that deals with all of the options.

b. Legislation has been introduced to combat traditional crimes which,due to the nature of the Internet are able to occur via this medium, forexample, child pornography and the distribution of this material viawebsites

c. Legislation has been introduced to combat crimes where the Internetis merely the means for enabling a particular crime, for example, moneylaundering, stalking or hoax threats

d. Legislation has been introduced to combat crimes where the crimesare unique to the Internet and to computers, for example, unauthorisedaccess of data on a computer or denial-of-service attacks that occurwhen computer systems are used to clog a website with multiplerequests to the end that the site cannot be accessed

The Cybercrime Act 2001 (Cth) introduced a number of new offences into theCriminal Code Act 1995 (Cth) - Serious Computer Offences, under Division 477,and Other Computer Offences, under Division 478. Which statement is FALSE:

Select one:a. Division 478 covers four offences that impose lesser penalties

b. The offences created under both divisions overlap considerably and itis possible for a person to be guilty of multiple offences as a result ofhaving committed only one act

c. A 'serious offence' under Division 477 means an offence punishableby imprisonment for life or a period of five or more years

d. The legislation has been the subject of much criticism due to thebroad language of the offences that expose Internet user engaged inlegitimate computer-related activities, to criminal liability; however thismay be considered an overreaction, given that there is no evidence ofover-zealous prosecutions

e. A 'serious offence' under Division 477 means an offence punishableby imprisonment a period of five or more years only

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The Broadcasting Services (Online Services) Amendment Act 1999 (Cth) definitionof 'Internet Service Provider' is:

Select one:a. A person who supplies or proposes to supply an internet carriageservice to the public

b. A person who does or proposes to host Internet content in Australia

c. All of the options

There is only one case in which an Australian court has expressly recogniseda common law right of action for breach of an individual's privacy. That caseis:

Select one:a. Giller v Procopets [2004] VSC 113

b. Victoria Park Racing and Recreation Grounds Co Ltd v Taylor (1937) 58CLR 479

c. Grosse v Purvis [2003] QDC 151

d. Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001)208 CLR 199

The Australian Government's legislative approach to content regulation hasbeen:

Select one:a. To enact a 'light touch' system in which content regulation is solelyregulated at the discretion of the Internet Service Provider and theInternet Content Host with no restrictions provided for

b. To enact a co-regulatory system of content regulation in whichInternet Service Providers and Internet Content Hosts must operate inaccordance with the classification scheme that is used for broadcastedcontent through other mediums, for example, through cinemas andDVD's.

c. To enact a system that mirrors the US court approach in whichlegislative restrictions would be seen as unacceptable and an unlawfulburden on free speech

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Which statement best describes information about the use of privacy codes:

Select one:a. An approved and registered privacy code replaces the APPs as thestandard to be observed by an organisation that is bound by the code

b. All of the statements reflect accurate aspects concerning the use ofprivacy codes.

c. The Commonwealth Privacy Commissioner may approve a privacycode that meets the statutory criteria and incorporates all the APPs

d. The Commonwealth Privacy Commissioner has a number of privacycodes.

Under Australia's federal system of government, all States and Territorieshave the constitutional power to enact legislation with respect to crime.Federally, the government is limited to enacting laws with respect to one ofits enumerated heads of power, for example, the 'telephonic, telegraphicand other like services' power. Which statement best describes this powerand its use in terms of regulation of Internet crime?

Select one:a. This power is narrow and has prevented the CommonwealthGovernment from being able to regulation alleged criminal acts thatoccur across State and Territory boundaries

b. This power is surprisingly broad as the Commonwealth Governmentcan use it in situations where the alleged criminal acts occur across Stateand Territory boundaries

c. This power is narrow, preventing the Commonwealth Governmentfrom being able to regulate alleged criminal acts that occur across Stateand Territory boundaries; and neither have the State and Territorygovernments taken action to pass legislation dealing with Internet crime.

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The US case of Reno v ACLU 521 US 844 (1997) is a landmark decisionbecause:

Select one:a. The court's approach was that Internet Service Providers should bemade legally responsible for the content disseminated on websites byInternet hosts

b. The court's approach was that the Internet should not be restrictedthrough government censorship; that legislative restrictions would placean unacceptable and unlawful burden on free speech as protectedunder the First Amendment

c. The court's approach was that the role of government should be tozone the Internet in the same way that red light districts in the real worldare zoned

The facts of the case of R v Boden [2002] QCA 164 involve:

Select one:a. A person who coordinated the mass sending of emails to theCommonwealth Parliament House website to cause a denial-of-service

b. A person who was found responsible for hacking into the wastemanagement system of Maroocy Shire in Queensland and causing therelease of millions of litres of sewage into parks and rivers

c. A person who was found responsible for the sending of a program viaemail to millions of Internet users who, upon opening the email wouldcause the destruction of their files

d. A person who sent a hoax email to millions of Internet users claimingto be the coordinator of a charity seeking donations, in which over$700,000 was fraudulently obtained

Content which is classified as 'X18+' is:

Select one:a. violent and sexually explicit material involving consenting adultswhich is not likely to cause offence to a reasonable adult, but which isnot suitable for persons aged less than 18 years

b. non-violent, sexually explicit material involving consenting adultswhich is not likely to cause offence to a reasonable adult, but which isnot suitable for persons aged less than 18 years

c. sexually explicit material involving consenting adults which is not likelyto cause offence to a reasonable adult, but which is not suitable forpersons aged less than 18 years

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Under the Australian National Classification Code, content which is 'RefusedClassification' (RC) can best be described as including:

Select one:a. All of the options

b. Content that describes or depicts a child in such a way that it is likelyto cause offence to a reasonable adult

c. Content that deals with certain matters such as sex, drug misuse,cruelty and violence in such a way that it offends against the standardsof morality, decency and propriety generally accepted by reasonableadults to the extent that it should not be classified

d. Content that promotes, incites or instructs in respect of crime orviolence

Censorship, or 'content regulation' is provided for in which Act:

Select one:a. Regulation of Censorship (Content Regulation) Act 1999 (Cth)

b. Regulation of Content (Censorship) Act 1999 (Cth)

c. Broadcasting Services (Online Services) Amendment Act 1999 (Cth)

The Internet Industry is authorised to provide for industry codes andindustry standards that provide for the following:

Select one:a. telling customers about the availability and use of Internet contentfiltering software

b. procedures to be followed to assist customers to make complaintsabout unsolicited email

c. all of the options

d. providing parents and responsible adults information aboutsupervising and controlling childrens access to Internet content;

e. telling customers about their rights to make complaints

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Which option best defines 'potential prohibited content':

Select one:a. Internet content that has not yet been classified

b. Internet content that has not yet been classified but if it wereclassified there is substantial likelihood that it would be classified as'prohibited content'

c. Internet content that is considered to be prohibited content at thediscretion of the Internet Service Provider

Internet users can use a range of readily available technologies, known as'privacy enhancing technologies' to improve the privacy and security of theironline communications; these include:

Select one:a. Truste; DRM technologies; Pretty Good Privacy

b. Platform for Privacy Preferences; Pretty Good Privacy; Truste

c. Platform for Privacy Preferences; Hypertext Transfer Protocol; Truste;Private Privacy