Law – Orren Prunckun

The Customer Service Process: How To Resolve Customer Issues Or Questions

Orren Prunckun — Wed, 30 Jan 2019 03:01:31 +0000

Customer Service is important because it allows your brand to:

Build goodwill with prospects and customers;
Manage its reputation;
Reduce buyer’s remorse;
Retain prospects and customers;
Conduct defacto market research and fill product gaps and create new products;
Upsell, next sell and cross sell other products, services or solutions;
And much, much more…

Customer service or a help desk is a function of a brand that provides information and support to users.

The Customer Service Process has the following 6 Steps:

STEP 1: Issue Or Question;
STEP 2: Listen;
STEP 4: Respond;
STEP 4: Escalate;
STEP 5: Resolve; and
STEP 6: Communicate Back.

Let’s start with…

1) Issue Or Question

The first step starts when an issue or question is raised.

An issue or question is communicated to you by a prospect or customer.

When this happens, customer service starts.

This leads to listening to the prospects or customers issue or question.

2) Listen

The second step is listening to the prospects or customers issue or question.

Customer Service listens to the prospects or customers issue or question.

If it is an issue, sometimes the act of listening simply resolves the issue by way of allowing venting.

If venting does not resolve it alone or it is a question, then listening leads to responding to the prospects or customers issue or question.

If the issue or question has no legitimacy, then there is no need to answer it – don’t feed the trolls!

In addition, the Customer Service rep should be searching externally, proactively for feedback, so they can proactively address it or use it for testimonials and referrals.

3) Respond

The third step is responding to the prospects or customers issue or question.

It should always be acknowledged and agreed with, even if it is “untrue.”

There is an old retail saying that goes like this: “the customer is always right.”

And they are…in their own head.

It’s really hard for someone to change their mind.

If the issue or question can be solved on the spot, customer service should solve it then and there for the prospect or customers.

If the issue or question cannot be solved on the spot, customer service should communicate to the prospect or customers that it cannot be solve, BUT they will be in contact with an answer.

All communication should be within 12 hours.

Customer Service should send the issue or question to either the:

Customer Service Team;
Product Team; or
Sales Team.

…Depending on its nature.

The Customer Service Team deals with issues or problems.

The Product Team deals with product and service related questions.

The Sales team deals with new product or service conversion.

This leads to escalating the prospects or customers issue or question to your Customer Service or Product Team, if necessary.

4) Escalate

The fourth step is escalating the prospects or customers issue or question to your Customer Service, Product Team or Sales Team, if necessary.

If it is a Customers service issue, it will be sent to the Customers Service Team.

If it is a Product question, it will be sent to the Product Team.

If it is a sales question, it will be sent to the Sales Team.

This leads to resolution of the prospects or customers issue or question.

5) Resolve

The fifth step is resolution of the prospects or customers issue or question.

If it is a Customers Service issue, the Customers Service Team will solve the issue and communicate back to the prospect or customer the issue and how it was resolved.

If it is a Product question, the Product Team will see if it is a product fault.

If it is a Sales question, the Sales Team will sell to the prospect.

If it was a product fault, the Product Team will:

Refund;
Return;
Resupply;
Return; and/or
Resupply.

Depending on your Life Time Value of a customer, it’s usually far cheaper in the long run to do any of these than not.

Remember “the customer is always right.”

This leads to communicating back to the prospects or customers about their issue or question.

6) Communicate Back

The last step is communicating back to the prospects or customers about their issue or question.

If it was not a product fault, they will communicated back to the prospect or customer.

If it was not a product fault, the Product Team will communicate back to the prospect or customer the result.

All communication should be within 24 hours.

That’s it.

The Australian Legal System

Orren Prunckun — Mon, 20 Aug 2018 06:24:37 +0000

The Australian Legal System
1. The Australian Legal System Copyright © 2015 Orren Prunckun. All Rights Reserved
2. What Is A Law?
3. “Law is the focus of Jurisprudence.”
4. Jurisprudence is simply… “The theory (or philosophy) of law.”
5. Is Law Subjective?
6. What Is A Law? • Law depends on the particular jurisprudence. • Social, political > Morality? • Morality is subjective. • There is no universal definition! • Legal rules and “morality” overlap. • A product of social conditions at the time enactment. • Dynamic and respond to the current social and political values of the dominant culture.
7. What Is A Law? Based on: • What society agree to be bound by. • Prevailing moral standards. • Social standards and community wide rules.
8. What Is A Law? • Rules that reflect social norms and morality. • Rules to sanction and regulate behaviour. • Rules that governs our private relationships…
9. …This Topic! • Intellectual Property. • Implications of Privacy. • Space Exploration. • Artificial Intelligence. • Robotics. • ITC Technologies. • Virtual and Augmented Reality. • Etc…
10. Why Do We Have Laws & A Legal System?
11. Laws provides the following functions: • To achieve stability, order and social certainty. • To incentivise people to act ethically and responsibly. • To prevent, detect and control behaviour. • To reflect and introduce change. • To address and resolve conflicts and disputes within society. • To balance individual rights against community and social needs. • To act in good faith, provide fair and equal dealing, consistency of application and accuracy of representation. • Any many, many more…
12. What Is Justice?
13. “Fairness and equality under the law.”
14. What Is Natural Justice?
15. Natural Justice Is: • The right to not imprisoned unfairly. • The right to fair hearing and trial. • The right to sufficient notice. • The right present ones case to an unbiased and disinterested decision maker. • The right for the decision to be non-arbitrary and based on logical, probable evidence. • Etc…
16. What Is The Rule Of Law?
17. “The principle that every person and organization, including government is subject to, bound by and entitled to the benefits of the same laws.”
18. Source: The Rule of Law (2016) Rule of Law Institute of Australia
19. The Magna Carta • Granted by King John of England in 1215 to limit absolute power. Provides the foundation for the Rule of Law: • Clause 17 – Access to justice. • Clause 21 Punishment should fit the crime. • Clause 40 – Due process. • Clause 45 – Qualified and independent judiciary. Source: The Magna Carta (2016) Rule of Law Institute of Australia
20. Questions On Equality: • Do businesses (Corporations and Trusts) have the same rights as individuals? • Do the unborn have the same rights as individuals? • Does Artificial Intelligence have the same rights as individuals? • Do certain circumstances (provocation/self- defence/intellectual disability/age/etc.) give rise to the same rights? • Does law disadvantage some individuals?
21. What Is The Doctrine Of Separation Of Powers?
22. Separation Of Powers • Check and balances on the power government holds. • No absolute power. Government covers 3 areas: • The Executive. • The Legislature. • The Judiciary.
23. Separation Of Powers Continued… • The Legislature (Senate & House of Representatives) makes laws. • The Executive (headed by Ministers appointed by Governor- General) enforces the administration of laws. • The Judiciary (Judges) interprets laws. • Should be independent of each other, however The Legislature and Executive overlap. Senate is the check. • No one is vested with full power – judge, jury and executioner.
24. Division Of Powers • States/Territories were independent. • Federation and The Constitution (s51) gave Commonwealth Heads of Power: • Taxation, Education, Foreign Affairs. • Also power was divided between Commonwealth and States/Territories. • States/Territories can make laws about anything but Commonwealth Heads of Power (s109).
25. Why Is The Rule Of Law & Separation Of Powers Important?
26. Accountability & Transparency!
27. What Are Some Types Or Sources Of Law?
28. Sources Of Law Australian Law is based on: 1. The Australian Constitutional System. 2. Legislation – Federal and States/Territories (AKA Acts). • Made by Legislature. 3. Case Law (AKA Common Law). • Made by Judiciary. 4. Treaties.
29. How Do You Find The Law?
30. There are many reliable sources of free legal resources online…
31. Direct Sources Legislation: • The Australian Constitution – www.aph.gov.au/About_Parliament/Senate/Powers_ practice_n_procedures/Constitution.aspx • Federal Legislation – www.legislation.gov.au • Federal Parliament – www.aph.gov.au • Australian Government www.australia.gov.au • South Australian Legislation – www.legislation.sa.gov.au • South Australian Parliament – www.parliament.sa.gov.au • South Australian Government – www.sa.gov.au • And many, many more…
32. Direct Sources Treaties: • http://www.austlii.edu.au/dfat Case Law: • AustLII Legal Research (Australasian Legal Information Institute) – www.austlii.edu.au • Unreported – many are not reported • And many, many more…
33. Practical Guides Legislation & Case Law: • South Australian Law Handbook – www.lawhandbook.sa.gov.au • And many, many more…
34. What Is International Law?
35. • Laws at an international level that regulate the relationships (international relations) between: • States and Nations. • States/Nations and their citizens and non-citizens. • Expressed as a treaty/convention/protocol/covenant/change of letters. • A Declaration is not a treaty. • In reality there is no body of International law, simply guidelines and desired norms of behaviour etc.
36. What Is A Treaty?
37. “An agreement between States and Nations”
38. • Not between Citizens or between a Nations States and Territories. • They serve as a way to practice stable and organized international relations. • Binding at international law. • A contract (contracts needs intent). • It is consent-based governance. • A State can only abide and enforce a treaty by if they consented. • If they didn’t consent then they can ignore it. • Ratification means confirmation. • This maintains State sovereignty (independence). • No State prosecutes treaties unless it’s after a major war like WWI or WWII. • Reality is national shaming, sections, diplomats etc. • Creates issues for Regulating Technology! Two types: • Bilateral treaty – between two States. • Multilateral treaty – between many States (UN Chatter).
39. Why Are Treaties Important?
40. They help: • Create alliances in an interdependent, globalized, tech enabled work. • With international issues that cannot be solved by States alone. • Maintain State sovereignty (independence). • With Australian national interests. • Middle ranking power with finite negotiating resources. • Military and economical stake so we are not vulnerable. • Geo-isolation and population size means we benefit.
41. What Are Some Areas Regulated By Treaties?
42. Space, post, shipping, defence, nuclear non-proliferation, environment, civil aviation, war, sea and maritime boundaries, human rights, world cultural and natural heritage, terrorism, drug trafficking, border protection, refugees and asylum seekers, international organisations etc..
43. How Are Treaties Are Established?
44. Very simply: 1. Power to enter into treaties is granted under s51 and s61 of The Australian Constitution. 2. In the jurisdiction of Executive not Legislature (Parliament). • Signed then tabled at Parliament to discuss the benefits and effects of and obligations on Australia and required implementation. • Consultation with States and Territories, industry and other interest groups. 3. Ratification makes the treaty binding, but in domestically. 4. New domestic laws are not required. • If current legislation is adequate, then no domestic laws are created. • If current legislation is inadequate, then commonwealth to state laws are created. 5. Implementation through Executive action.
45. How To Read An Act • Short Title. • Long Title. • Contents. • Date of Commencement. • Interpretation and meaning. • Section(s). How to read an Act (2014) Law Handbook
46. Try It Out! 1. Go to www.legislation.gov.au. 2. Find a technology related Act. 3. Locate: • Short Title. • Long Title. • Contents. • Date of Commencement. • Interpretation and meaning. • Section(s).
47. How To Read A Case • The Case Name. • Jurisdiction. • Citation. • Parties. • Judges Name. • Date of Delivery. • Council Representing. How to read a case (2014) Law Handbook
48. Try It Out! 1. Go to www.austlii.edu.au. 2. Find a technology related Case. 3. Locate: • The Case Name. • Jurisdiction. • Citation. • Parties. • Judges Name. • Date of Delivery. • Council Representing.
49. Let’s Apply The Law As Well…
50. How would you interpret the following law as it applies to the facts given below? The Law: “No person shall by speaking, shouting or singing, playing upon, operating or sounding any musical or noisy instrument or doing anything whatsoever attract together number of persons in any street or so as to attract traffic.” The Facts: The accused Mr G had strutted up and down Harrington Street acting like a chicken. Your Task: Apply the law to the facts. Source: Clark, Eugene 2009, ‘Manager and the legal environment’, in Griggs, Lynden, Clark, EE & Iredale, I, Managers and the Law: a Guide for Business Decision Makers, 3rd edn, Thomson Reuters, Pyrmont, NSW, pp. 3-29

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Regulating Intellectual Property

Orren Prunckun — Mon, 20 Aug 2018 06:19:50 +0000

Regulating Intellectual Property
1. Intellectual Property Copyright © 2015. Orren Prunckun. All Rights Reserved.
2. What Is Intellectual Property?
3. “Creative or intellectual effort or work.”
4. What Is Intellectual Property Law?
5. “The law that protects the rights of inventions and authors to exploit their original and creative works.”
6. Why Is Intellectual Property Important In Emerging Technology?
7. Intellectual Property Matters… • It allows creators, entrepreneurs, investors and engineers protect and exploit their creative or intellectual work for commercial gain. • Brands can be built on solely on Intellectual Property. • Long time-frames for profit. • Scale your products without extra effort. • Delivers real product value. • Often overlooked. • And so on…
8. A Case Study On The Value Of Intellectual Property…
9. The Phonological Loop • Humans have the phonological loop. • The phonological loop is a short-term, verbal memory system in the auditory cortex of the brain. • The auditory cortex is located in the temporal lobe. • It acts as a “recording device” that records incoming auditory data continuously coming into the ear. • Sound enters the ear and bounces around before it is processed by the brain. • From the phonological loop, the brain processes the information and decides what to do with it. • It could be forgotten or stored in longer term memory. • Sometimes, some sounds stay in short term memory for longer periods of time than others. • Those sounds are not automatically processed, but they are repeated as if they were.
10. Ear Worms • Dr. James Kellaris from University of Cincinnati discovered what are called “Ear Worms.” • Ear worms have audible properties that stimulate the phonological loop more than others and stay in the short term memory for longer periods of time. • They capture attention and repeat in the phonological loop (i.e. in your head) for about 8 seconds. • It’s involuntary. • Self-repetition does not remove the ear worm, but rather makes it stay longer in the ear. • It’s like an insect bite – the more you scratch, the more itches. • The loop scratches the “itch” by replaying it over and over. • The more an ear worm plays, the more it plays! • The more they scratch, the more they itch. • This is why you say “I have that song stuck in my head”. • This is also why when you hear a song you can fill in the rest even after the song stops playing. • It keeps your brain busy when thoughts are idle, stressed or tired. • The longer sounds stays in the phonological loop, the higher the chance of being remembered, or better still, not being forgotten. • Not being forgotten, takes less cognitive power than needing to be recalled.
11. The Power Of Names • Humans communicated via speech for far longer than they have in written form. • This evolutionary fact means humans understand speech through hearing much more effectively and efficiently than in the written form, such as a logo or slogan. • Someone can be illiterate and still communicate, but it’s rare for a situation in the reverse. • What this means in terms of brand names, is that the name should sound good before it looks good as a logo. • Logos don’t get into you head like songs and song lyrics do – they are easy to forget. • This is the phonological loop in action. • These devices make Ear Worms even harder to forget: • Repetition; • Rhyme; • Alliteration; • Associations; and • Rhythm.
12. The Best Name In The World…
13. What Are The Types Of Intellectual Property Recognised In Australia?
14. Types of Intellectual Property 2 Types: • Legislation (Inventive Rights) • Registered Trade Marks. • Copyright. • Patents. • Designs. • Plant Breeders Rights. • Circuit Layouts. • Common Law (Representational Rights) • Unregistered Trade Marks. • Confidential Information. • Unpatented Trade Secrets.
15. Technology Development Lifecycle Four Phases: 1. Research & Development. • IP Protection. 2. Ascent. 3. Maturity. 4. Decline. • IP Licencing. Source: https://en.wikipedia.org/wiki/Technology_life_cycle Usual Intellectual Property Waypoints
16. What Are Some Of The Features Of The Types Of Intellectual Property? & How Does Intellectual Property Come Into Existence?
17. Registered Trade Marks • What • A Sign. • Logo, sound, smell, shape, colour etc. • Represents quality. • Defensive mark against squatters. • Features • Inherently distinctive. • Registration • Needs to be required. • 10 years. • Needs to be disclosed publically • Granted under: • The Commonwealth Constitution s51. • Trade Marks Act 1995.
18. Copyright • What • Intangible property. • Works (music, literary, dramatic, artistic). • Other than works (sounds recordings, films, television, radio). • Not for ideas. • Features • Registration • No registration required – automatic. • Published and unpublished • Life + 50 years if published. • 50 years if unpublished. • Does not need to be disclosed publically • Notification via © and date. • Granted under: • The Commonwealth Constitution s51. • Copyright Act 1968. • Berne Convention.
19. Patents • What • Inventions. • Features • Original, novel & inventive. • Not improvements. • Substantial contribution. • 2 types: • Standard (20 years). • Innovation (8 years). • Registration • Registration is required. • Needs to be disclosed publically • Granted under: • The Commonwealth Constitution s51. • Patents Act 1990.
20. Designs • What • Overall appearance (visual features/looks.) • Features • New and distinctive. • Not an adaptation. • Registration • Registration is required. • 12 months, extended to 10 years • Needs to be disclosed publically • Granted under: • The Commonwealth Constitution s51. • Design Act 2003.
21. Plant Breeders Rights • What • Plants and derivatives. • Features • Registration • Registration is required. • Needs to be disclosed publically • Granted under: • The Commonwealth Constitution s51. • Plant Breeder’s Rights Act 1994.
22. Circuit Layouts • What • An original circuit board layout. • Features • New and original. • Registration • 10 years from manufacture. • Needs to be disclosed publically • Registration is not required. • Granted under: • The Commonwealth Constitution s51. • Circuit Layouts Act 1989..
23. Unregistered Trade Marks • What • Features • “Passing off” to protect goodwill or brand or reputation. • Registration • Registration is not required. • Needs to be disclosed publically
24. Confidential Information & Unpatented Trade Secrets • What • Know how. • Features • Not freely available. • Registration • Registration is not required. • Existence by NDA, contracts, employment, fiduciary. • No time limit. • Does not need to be disclosed publically
25. How Do You Protect And Enforce Intellectual Property Rights?
26. Enforce: • Contract. • DMCA take down notice. • Cease and Desist. • Legal Action. • What Else? Protect: • Register. • Use Publically. • Disclose. • Don’t Disclosure. • What Else?
27. Who Regulates Intellectual Property In Australia?
28. Intellectual Property Regulators… • IP Australia (patents, designs, trade marks). • Federal Attorney-General’s Department & Department of Communications, Information Technology and the Arts (copyright). • Departments of Agriculture, Fisheries and Forestry (plant breeders rights).
29. Why Would One Type Of Intellectual Property Be Chosen Over Another?
30. What For Register To Protect Registration Length Released Publically Registered Trade Marks Logo, sound, smell etc. Yes 10 years Yes Copyright Words, music, film etc. No Life + 50 years if published. 50 years if unpublished Both Patents Innovation Yes 8- 20 years Yes Designs Overall appearance Yes 12 months, extended to 10 years Yes Plant Breeders Rights Plant variety Yes 25 years trees and vines. 20 years for other vegetable varieties Yes Circuit Layouts Circuit board Yes 10 years Yes Unregistered Trade Marks Logo, sound, smell etc. No No limit Yes Confidential Information etc. Know how No No limit No
31. How Would You Protect The Following? 1. You wrote a music score. 2. Your engineers wrote a new mobile app. 3. You have been using a business name for 5 years. 4. You have sketched a product logo. 5. You produced a movie. 6. You created a marketing jingle. 7. You manufactured a new cologne smell that is combination of chocolate, caramel and cream. 8. You have a business idea. 9. You bred a new strain of medical marijuana that reduces anxiety. 10. You prototyped a new gutter cleaning widget. 11. You created a new chicken seasoning recipe. 12. You streamlined a unique business process for your tour company. 13. You created a smart phone. 14. You designed a piece of clothing. 15. You came up with the “AirBnB” for camping.
32. How Do You Avoid Infringing Other Intellectual Property Rights?
33. “Doing acts that compromise all or substantial parts of the work.”
34. Defences • Copyright, Circuit Layouts, Designs etc.: • Fair dealing, research, criticism, reporting news, professional advice, judicial hearings, back up, intermediaries, educational (10%) etc. • Trades Secrets etc.: • Public interest etc. • Trade Marks: • Use in good faith, comparative advertising etc. • Licencing via Contracts: • Assign, sell, reproduce, publish, preform, communicate, rent, adapt for commercial purposes etc.
35. Licencing Common licencing terms and conditions: • Ownership – Proportion of ownership. – Exclusivity of ownership. – Identification of ownership/authorship. – Etc… • Use – Limitation of use. – Assigning of use. – Transfer of use. – Exclusivity of use. – Royalties for use. – Location of use. – Revocation of use. • Conditions of revocation (time, return of work etc.). – Modifications of use. – Renewal of use. – Etc…
36. Why Is Effective Communication When Negotiating Contract Terms And Conditions Important?
37. “If one person says you have a tail, they are probably insane, because obviously humans do not have tails. However, if 100 people say you have a tail, they are probably right and you better turn around see if it’s true, as they may be on to something!”
38. Importance Of Communication… • Of course this is only a metaphor, but it has an important lesson… • It’s interesting to see the same communication go out to multiple people and observer their reaction to it: • Some people love it. • Some people hate it. • Same words, very different response.
39. Importance Of Communication… • This has very little to do with the original communication and words and much more to do with receivers: • Emotional filters; • Cognitive biases; • Learning styles; • Personality Types; • Meta programs; • And so on… • There is communication, then what you add to the communication. • Both are very different. • No misrepresentation. • Makes consent and intent clear. • What else?
40. How Do You Negotiate Contracts Effectively?
41. What Is Communication? • “Communication” could be defined as conveying information to another through a medium, or modality—that is, a particular mode in which something exists, is experienced, or expressed. • “Effective” could be defined as successfully producing a desired or intended result. • Therefore, an “Effective Communication” could be defined as successfully conveying information to another through a medium or modality to successfully produce a desired or intended result—that is, conveying the original information as intended with 100% accuracy, 100% of the time.
42. Communication… Communication has: A Communicator. A Receiver. The Communicator wants to convey information to the Receiver as intended with 100% accuracy, 100% of the time—that is, with no miscommunication. And… The Receiver wants to receive information from the Communicator as intended with 100% accuracy, 100% of the time—that is, again with no miscommunication.
43. Communication… The way information is conveyed or received could be through a medium or mode, such as: • Body language. • Video. • Vocal tonality. • Audio. • Language. • Audio. • Writing. • Visuals. • And so on…
44. Communication… • But, the problem with these medium or modes is way they convey information. • They are flawed. • They cannot duplicate information from a Communicator to a Receiver as intended with 100% accuracy, 100% of the time. • Why is this? • Partly because, the information from a Communicator to a Receiver is conceptual. • A photo of a car is not ACTAULLY a car. • A verbal description of a dog is not ACTAULLY a dog.
45. Communication… • There is no perfect way to get rid of miscommunication. • The only communication you have control over is how you communicate, not how information is received. Appeal to: • Emotional filters. • Cognitive biases. • Learning styles. • Personality Types. • Meta programs.
46. How To Negotiate Effectively 2 Examples (but many, many more.) Getting To Yes: 1. Separate the people from the problem. 2. Focus on interests, not positions. 3. Invent options for mutual gain. 4. Insist on using objective criteria. 5. Know your BATNA (Best Alternative To Negotiated Agreement). Getting Past No: 1. Don’t react: Go to the balcony. 2. Don’t argue: Step to their side. 3. Don’t reject: Reframe. 4. Don’t push: Build them a golden bridge. 5. Don’t escalate: Use power to educate.
47. Try It Out! 1. Pair up. 2. Divide into Inventor and Purchaser. 3. You are wanting to enter into a contract (intention and capacity) to purchase or sell and invention. 4. Work out your goal/interest – related to licencing only 5. Know your BATNA (Best Alternative To Negotiated Agreement). 6. Invent options for mutual gain. 7. Work out what you will do if they don’t cooperate. 8. Work out how you will make it easy for them to say “Yes.” Don’t be too harsh in the negotiations. 9. Start negotiation (make or accept an offer).
48. Reflection • How did you go? • What worked? • What didn’t? • What would you do different next time?
49. How To Draft A Written Intellectual Property Licencing Contract Elements required: • Parties. • Date/time of contract. • Statement of intent. • Terms and conditions. • Consideration. • Anything else specific to that contract. • Signature/capacity/date of signing.
50. Contract Template Example Letter of Agreement This Agreement is made on ________(DATE) between ________(PARTY 1) at ________(PARTY 1 ADDRESS) (“Party 1”) and ________(PARTY 2) at ________(PARTY 2 ADDRESS), (“Party 2”), collectively referred to as the “Parties”. Both Parties intend to enter into an agreement, which will define respective rights and duties as to all services to be performed In consideration of the agreements, the Parties agree as follows: • Terms and conditions • Consideration • Anything else specific to that contract The Parties are executing and signing this Agreement on the date stated in the introductory clause. By: Name: ________(PARTY 1) Position: ________(AUTHORITY) Date: ________(DATE) ________(PARTY 1 SIGNATURE) By: Name: ________(PARTY 2) Position: ________(AUTHORITY) Date: ________(DATE) ________(PARTY 2 SIGNATURE)
51. Try It Out! 1. Intellectual Property Licencing contract. • Parties. • Date/time of contract. • Statement of intent. • Terms and conditions. • Consideration. • Anything else specific to that contract. • Signature/legal capacity/date of signing.
52. What Are The Remedies For Infringed Intellectual Property Rights?
53. Remedies For Infringement • Damages. • Account for profits. • Injunctions. • Delivery of offending material. • Prevention of use of offending material. • Destruction of offending material. • Criminal (if knowingly used).
54. What Policies Would You Adopt To Protect Intellectual Property Rights And Avoid Infringing Others?
55. Add © on documents? Register your business name as a mark? Register unique product designs? Make staff sign NDAs? Limit what information staff have? What Else?
56. How Do You Lookup Registered Intellectual Property In Australia?
57. How To Find Intellectual Property 1. Go to www.ipaustralia.gov.au 2. Click IP Search. 3. Select: • Search patents. • Search trade marks. • Search designs. • Search plant breeders rights. 4. Conduct searches via keywords.
58. Try It Out! 1. Go to www.ipaustralia.gov.au 2. Click IP Search. 3. Select: • Search patents. • Search trade marks. • Search designs. • Search plant breeders rights. 4. Conduct searches via keywords for: • An invention you have created. • A trade mark you want to use. • A description of a design you have drawn. • A new type of plant you have grown. 5. Determine if you have something new or inventive.

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Regulating Displays

Orren Prunckun — Mon, 20 Aug 2018 05:42:39 +0000

1. Regulating Displays Copyright © 2015 Orren Prunckun. All Rights Reserved.
2. What Is Display Technology?
3. “An output device that presents in visual format”
4. What Are Some Types Of Display Technology? .
5. Types Of Emerging Displays… • Virtual Reality. • Augmented Reality. • Holograms. • Etc… For use in: • Gaming. • Entertainment. • Training & Education. • Etc.
6. How Does Display Technology Influences Culture?
7. Importance Of Displays… • Screens are proliferating. • Traditional remote controls are disappearing. • Allows more content delivered in less time. • Various trends…
8. Who Are The Various Stakeholders That Influence The Development Of Legal Regulation Of Display Technology?
9. Stakeholders That Influence The Development Of Regulation For Cryptocurrency… Domestic Regulators • The Australian Executive (Department of Industry, Innovation and Science). • Parliament of Australia. Entrepreneurs, developers & their legal entities building on the block chain. Consumers. Who else?
10. What Are The International And Domestic Frameworks That Regulate Display Technology?
11. Current Regulatory Frameworks… Domestic Regulations • Crimes Act 1914 (Cth) • Criminal Code Act 1995 (Cth) s473 (internet access) • Commonwealth offences • Broadcasting and Television Act 1942 (Cth) • Summary Offences Act 1953 (SA) s33(2) – Indecent or offensive material • An Act to make provision for certain offences against public order and for other summary offences; to make provision for powers of police officers in relation to investigation of offences; and for other purposes.
12. Current Regulatory Frameworks… Domestic Regulations • Criminal Law Consolidation Act 1935 (SA) S63A(1) – Children • An Act to consolidate certain Acts relating to the criminal law; and for other purposes. • Classification (Publications, Films And Computer Games) Act 1995 (SA) • An Act to provide for the establishment and enforcement of schemes for the of publications, films and computer games; and for other purposes.
13. Activity • You have been tasked with create new regulations for displays. • Represent each stakeholder group from before: – Domestic Regulator. – Entrepreneurs, developers & their legal entities. – Consumers. • Determine your stakeholder groups interests (15 minutes). • Create a regulations based on International treaties and Australian domestic law that regulate displays taking into consideration your stakeholder groups interests (15 minutes). • Discuss if this is mutually beneficial for all stakeholder groups (15 minutes).
14. Problem Questions • What happens when a crime is committed in virtual reality? • What happens when criminal content is exhibited on display technology? • How will advertising laws deal with emerging display technology in the future? – How would you go about attempting to answer these questions?

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Regulating The Internet

Orren Prunckun — Mon, 20 Aug 2018 05:41:49 +0000

Regulating The Internet
1. Regulating The Internet Copyright © 2015 Orren Prunckun. All Rights Reserved.
2. What Is The Internet?
3. “A global computer network providing a variety of information and communication facilities, using standardized communication protocols.”
4. What Is The History Of The Internet?
5. Brief History Of The Internet… • 1975 the internet is created. • 1991 US Government opened up the internet for public and commercial use (WWW). • 1992 First photo posted to the internet. • 1993 first internet browser. • 1994 first purchase made. • 1995 Dot-com boom begins. • 1996 email overtake volume of snail mail. • 2000 Dot-com crash and ½ of US households have internet. • 2004 Gmail and Facebook launch. • 2005 First video uploaded to YouTube.
6. What Are The Current International And Domestic Frameworks That Regulate The Internet?
7. Who Are The Various Stakeholders That Influence The Development Of Legal Regulation Of The Internet?
8. Are The Current International And Domestic Frameworks That Regulate The Internet Adequate?
9. The Wild West? • The internet is commonly referred to as the “Wild West.” • By Analogy the “Wild West” had regulations, but was difficult to enforce by the State Sheriffs and Federal Marshals. • Is this true of the Internet? Why/why not?
10. Adequacy? • Adequate in terms of regulations? • Adequate in terms of Enforcement? • Adequate in terms of Jurisdiction? • Argue your point.

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Regulating Cryptocurrency

Orren Prunckun — Mon, 20 Aug 2018 05:41:33 +0000

Regulating Cryptocurrency
1. Regulating Cryptocurrency Copyright © 2015 Orren Prunckun. All Rights Reserved.
2. A Primer On Currency, Money & Banking… • Currency is a system of money. • “Commodity currency” is backed by a commodity such as gold. • “Fiat currency” is legal tender, but is not backed by a physical commodity. Value is created from supply and demand not the physical material behind it. • “Money “is the medium or exchange of value. • “Cash” is physical money such as bank notes and coins. • You can prove cash existence – it is physical and you can hold it. • You can’t double spend it – you either have cash or you don’t.
3. A Primer On Currency, Money & Banking… • With online/digital/e-money you cannot prove its existence – you can’t hold it. • A bank has to vouch that it exists (hence many regulations to keep banks accountable.) • Electronic money is simply a number attached to an account. • Unlike cash money, electronic money has the ability to double spend as it is simply a number attached to an account. • You also can’t keep electronic money on your computer electronically, you need a bank to store it. • If everyone was to withdraw all of the money in their bank accounts, there wouldn’t be enough cash in circulation to do so.
4. A Primer On Currency, Money & Banking… • Once you make an electronic bank transaction, the bank validates it so you can’t double spend it – via a time/date stamp, with a debit, credit & balance. • Banks keep track of transactions through a “ledger.” • A ledger is a book/collection of financial accounts. • This system works via trust we place in banks – keep electronic money honest. • The Federal Reserve Bank of Australia keeps cash money honest by validating it with various physical security measures. • But, what if there was a way to transact in electronic money without having banks? • In other words, what if there was no need for a central authority of money.
5. This is where cryptocurrency steps in…
6. Why Is Cryptocurrency Important For Society?
7. The Libertarian Dream… Cryptocurrency provides a way to exchange “value online without having to rely on centralised intermediaries, such as banks.” -The Economist A Libertarian is a person who believes in the doctrine of free will, freedom of regulation and small government. No central authority is a Libertarian’s dream!
8. Byzantine Generals Problem… • Cryptocurrency gives a practical solution to computer science problem called Byzantine Generals Problem. • Byzantine was Greek city on the Bosporus/Sea of Marmara, renamed Constantine and rebuilt/renamed Constantinople A.D. • The Byzantine Generals Problem works like this: many Byzantine army generals and their troops gather around an enemy city. • The generals can only communicate via a messenger. • All generals must agree upon a common battle plan for taking over the enemy city. • When all generals are working together (a common plan) they win.
9. Byzantine Generals Problem… • If they do not have a common plan, they will be over powered by the enemy – success relies on working together. • However one or more of the generals could be traitors – thus lies the problem. • The loyal Generals must reach an agreement for attack. • The Byzantine Generals Problem raises the following question: how do you create trust between unrelated parties over an untrusted network (like the internet) where there is no pre-existing trust or knowledge? • The Byzantine Generals Problem relates to the transfer of digital property from one user to another – the transfer needs to safe and secure, legitimate & clear it has taken place without needing an intermediary such as bank or broker.
10. Source: https://medium.com/@DebrajG/how-the-byzantine-general-sacked-the-castle-a-look-into-blockchain-370fe637502c
11. Importance Of Cryptocurrency… • This means no approval is needed and thus no or very low transfer fees. • Low fees means growth for business, not tax or banks. • A new currency – anyone can use at any time and could replace banks entirely. • A new technology means fraud is almost impossible, unlike for banking or credit cards. Fraudsters don’t get information so they can’t steal. • Investment vehicle (including ICO’s.) • Touted as the future of commerce. • Efficiencies compared to alternatives (credit cards.)
12. Source: https://www.finder.com.au/credit-card-info-for-dummies-beginners-and-first-time-credit-card-owners
13. “Innovation will drive productivity growth in Australia….“The Government is committed to establishing Australia as a leading global financial technology (FinTech) hub and is announcing a new package that aims to position our local fintech industry as a world leader.” -The Australian Budget 2017-2018
14. Value… • Cryptocurrency doesn’t itself have value. • It is like fiat currency which is not backed by physical commodity. • Value is created from supply and demand not the physical material behind it. • Value is created by system itself, its use now and potential increased use in the future. • Similar to cash money, the cultural system determines the value of cash, which is based on trust and use. • Nothing exists unless there is agreement that it exists. • Therefore, something is only valuable if all agree it is valuable.
15. • Cryptocurrency needs to have value before people will start to uses it – a horse and cart problem. • Network effects are needed – the more who use it, the more valuable it is like the telephone, web, Facebook, etc. • Inflation/supply of money also creates value (later). • Currency fluctuates in value in relation to other currencies because of supply and demand. • Popularity (demand) means more users of the system. • More users of the system means more transactions and coin becomes circulated. • More users mean higher value of the currency. • Talking of users and uses… Value…
16. The block chain is “A digital ledger in which transactions made in bitcoin or another cryptocurrency are recorded chronologically and publicly.”
17. Use Of The Block Chain/Ledger… • Voting. • Identity. • Signatures. • Contracts. • Keys & locks. • Cars sales. • Property sales. • Stocks & bonds sales. • Money. • International remittance (40% with no bank accounts + reduced fees to help raise quality of life). • Micro payments to 8 decimal places (Newspaper content, email get rid of spammers).
18. What Is Cryptocurrency?
19. Cryptography: “The art of writing or solving codes.”
20. “Practice and study of techniques for secure communication in the presence of third parties called adversaries.”
21. Currency: “a system of money in general use in a particular country.”
22. Cryptocurrency: “A digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank.”
23. “A type of digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank.”
24. What Is The History Of Cryptocurrency? .
25. The History Of Cryptocurrency… • 1998: Wei Dai published the B-money proposal of an anonymous, distributed electronic cash system • 1998: Nick Szabo created Bit gold and the “proof of work” theory. • 2004: Hal Finney created a “proof of work system” for currency. • 2008: Satoshi Nakamoto (unknown identify) created Bitcoin. • Hundreds of alternative cryptocurrencies have been created since.
26. 6D’s of Disruption… • Cryptocurrency is not past Digitization & Innovators stage. • Currently in the Deception and Early Adopters/Majority stage. • It potentially needs to be easier to use for the common person to reach the Disruption and Early Majority stages. • Cryptocurrency is not currently intuitive to use.. Source: Peter H. Diamandis & Steven Kotler, Bold: How to Go Big, Create Wealth and Impact the World (1st ed, 2015) Source: http://open.lib.umn.edu/mediaandculture/chapter/16-6-mass- media-new-technology-and-the-public/
27. What Are Some Types Of Cryptocurrency?
28. Types Of Cryptocurrency… • Bitcoin. • Ethereum. • Litecoin. • Dogecoin. • And many, many more… For example: • Bitcoin is a specific currency system. • bitcoins are the money/currency of Bitcoin.
29. How Do Cryptocurrencies Work?
30. How Cryptocurrencies Work… • Instead of entrusting 1 bank, trust is distributed over many users, with no personal information exchanged. • In other words a decentralized bank. • Bitcoin is a distributed ledger. • The ledger has a fixed number of slots. • A “coin” is a slot in the ledger.
31. How Cryptocurrencies Work… Buying In • One can buy into the ledger/slots with cash (no credit). • Purchasing into the block chain is via an online “Exchange.” • One connects a bank account to an online exchange. • One transfers local fiat currency into the exchange and changes it for Bitcoin, much like a Foreign Currency Exchange at an airport. • An example is Coinbase or MtGox. • AUD Bank account –> AUD Exchange –> Bitcoin Exchange/address. • The alternative it to sell a product or service and be paid Bitcoin.
32. How Cryptocurrencies Work… Transacting • It is Pseudo anonymous not fully anonymous. • Every transaction is tracked and logged forever in the block chain/ledger, for all to see. • The block chain grows indefinably, like a chain. • Only 1 ledger/block chain – massive collection of all verified transaction • Unlike single personal ledger in your banks. • A transaction is a piece of the block chain.
33. How Cryptocurrencies Work… Transacting • Transfer form public key to public key. • Bitcoin Exchange/address –> another Bitcoin Exchange/address . • Public key/address/id number, belong to real people. • There is no physical transfer, only transfer of keys. • history, coin don’t sit on an account, therefore don’t lose the key. • No waiting 3-5 days for transfer like with banks. • Ones own part of the block chain.
34. Source: http://feexit.blogspot.com/2016/07/silent-weapons-12.html
35. How Cryptocurrencies Work… Selling out • Can trade out at any time – to reduce risk of volatility of price. • A string of numbers sent (random series of letter and numbers). • Wallets store private keys. 3 types of wallets: • Computer or mobile storage. • Cloud storage – they have access to your funds such as Coinbase. • Paper storage – printed Private Key and address + QR code.
36. How Cryptocurrencies Work… Verification • Verification of transactions is done via “Mining,” instead of a central bank. • Many people checking to make sure that transaction is legitimate. • Competition to validate creates an incentive to get reward/payment. • Work together to solve a problem and split the reward. • It is like “competitive bookkeeping.” • They are rewarded with Bitcoins or parts of Bitcoins.
37. How Cryptocurrencies Work… Verification • They are paid to validate which create maintain/integrity in the system, just like a bank. • Paid only if validate/results/outcomes not by the hour like in banks. • This means no one can corrupt the system. • Mining technically is done via specialized computers, commuting power and software to solve a mathematical puzzle/problem. • They create a hash of block header. Hash is representation of information in a bundle. And a Header is a summary of the contents of the block.
38. How Cryptocurrencies Work… Verification • Mining occurs in 10 minute blocks – 20 minutes in batches of 25 coins. • Miners take pending transactions and turns into mathematical puzzles. • Miners needs to find solution and announce it. • Other Miners check if answer is correct and the transactors have the right to transact. • If majority agree on both the grant approval of the transaction.
39. Source: https://bitcoin.org/en/how-it-works
40. Circulation & Inflation… “Currency in circulation is the total value of currency (coins and paper currency) that has ever been issued minus the amount that has been removed from the economy by the central bank.”
41. Circulation & Inflation… In Australia: • Currency: Cash $70.9 billion approx. • M1: Currency plus bank current deposits from the private non-bank sector. • M3: M1 + all other bank deposits from the private non-bank sector, plus bank certificate of deposits, less inter-bank deposits. • A maximum of 21 million Bitcoins issued can be issued by 2024. Drops ½ every four years. • Increase of money supply creates monetary inflation (as opposed to price inflation which is just raising prices.) • More Bitcoins (use of the system) creates Bitcoin inflation which creates higher price of the coin. Source: https://en.wikipedia.org/wiki/Money_supply#/media/File:Australian_Money_Supply.PNG
42. Who Are The Various Stakeholders That Influence The Development Of Legal Regulation Of Cryptocurrency?
43. Stakeholders That Influence The Development Of Regulation For Cryptocurrency… Domestic Regulators • The Australian Executive (Department of Industry, Innovation and Science). • Parliament of Australia. Entrepreneurs, developers & their legal entities building on the block chain. • Exchanges – Coinbase etc. • Wallets. • Infrastructure. • Payment Processors. • Financial Services. • Currency block chains – Bitcoin etc. Consumers. Merchants. Miners.
44. What Are The Current International And Domestic Frameworks That Regulate Cryptocurrency?
45. Current Regulatory Frameworks… Domestic Regulations Banks are regulated by the Australian Legislature: • Australian Prudential Regulation Authority Act 1998 (Cth). • Corporations Act 2001 (Cth). • Reserve Bank Act 1959 (Cth). • Banking Act 1959 (Cth). • Financial Sector (Shareholdings) Act 1998 (Cth). • Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). • Financial Sector (Collection of Data) Act 2001 (Cth). • Australian Notes Act 1910 (Cth). • Bank Notes Tax Act 1910 (Cth). • Competition and Consumer Act 2010 (Cth).
46. Current Regulatory Frameworks… Domestic Regulations Supervision of financial institutions and markets are done with the following Executive departments and agencies: • Australian Prudential Regulation Authority (APRA). • Supervision of banks and insurance. • Australian Securities and Investments Commission (ASIC). • Companies, markets and investor protection • Reserve Bank of Australia (RBA). • Monetary policy. • Federal Treasury. • Economic policy.
47. Current Regulatory Frameworks… Domestic Regulations • Australian Competition and Consumer Commission (ACCC). • Fair trade. • Australian Taxation Office (ATO) • Taxation. • Australian Transaction Reports & Analysis Centre (AUSTRAC). • Anti-money laundering. • Foreign Investment Review Board (FIRB). • Foreign investments. • The Australian Securities Exchange (ASX). • Domestic investments.
48. A Brief History… Trading “You can hold US dollars or euros or whatever in Australia completely freely if you want to and there would be nothing to stop people in this country deciding to transact in some other currency in a shop if they wanted to. There’s no law against that so we do have competing currencies.” -Glenn Stevens former Governor of the Reserve Bank of Australia ,December 2013.
49. A Brief History… GST “GST won’t be paid more than once. In 2014 the Australian Tax Office designated bitcoin as an “intangible asset” rather than a currency, making it subject to GST.” “The Government will make it easier for new innovative digital currency businesses to operate in Australia.” “From 1 July 2017, purchases of digital currency will no longer be subject to the GST, allowing digital currencies to be treated just like money for GST purposes. Currently, consumers who use digital currencies can effectively bear GST twice: once on the purchase of the digital currency and once again on its use in exchange for other goods and services subject to the GST.” -The Australian Budget 2017-2018
50. AUSTRAC… • Because of anonymity of transaction it could be seen as a way to launder money. • First regulations for Australia Regulate Bitcoin exchanges under AUSTRAC via “Know Your Customer.” • This could be seen as a detriment to the cryptocurrency ideology. • Regulate where there risk: • MtGox launched in 2010 handled over 70% of Bitcoin transactions had $420,000,000 of Bitcoins stolen. • Silk Road Marketplace launched in 2011 as an online black market. • AUSTRAC may be inadequate to deal with offshore exchanges that serve Australian customers.
51. Current Regulatory Frameworks… Other domestic regulations that related to use of block chain: • Consumer laws. • Car sales. • The Fair Trading Act • House sales. • Conveyancers Act 1994. • Land Agents Act 1994. • Land and business (Sale and conveyancing) Act 1994. • Land and Business (Sale and Conveyancing) Regulations 2010. • Voting. • Stock sales.
52. Are The Current International And Domestic Frameworks That Regulate Cryptocurrency Adequate?
53. Activity • You have been tasked with create new regulations for Bitcoin. • Represent each stakeholder group from before: – Domestic Regulator. – Entrepreneurs, developers & their legal entities building on the block chain. – Libertarian Consumers/Merchants/Miners. – Currency Investors. • Determine your stakeholder groups interests (15 minutes). • Create a regulations based on International treaties and Australian domestic law that regulate Bitcoin taking into consideration your stakeholder groups interests (15 minutes). • Discuss if this is mutually beneficial for all stakeholder groups (15 minutes).
54. More Questions… • Should cryptocurrencies be further regulated in the future? • If so, regulated by what type of regulations?

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Regulating Artificial Intelligence

Orren Prunckun — Mon, 20 Aug 2018 05:41:28 +0000

Regulating Artificial Intelligence
1. Regulating Artificial Intelligence Copyright © 2015 Orren Prunckun. All Rights Reserved.
2. What Is Artificial Intelligence Technology?
3. “A software that can perform tasks that require human intelligence or cognitive functions.” “An Intelligent machine or agent.”
4. • Reasoning and problem solving. • Knowledge representation. • Planning and problem solving. • Learning (AKA Machine Learning). • Natural language processing. • Visual and audible Perception (Machine perception, Computer vision, and Speech recognition). • Motion and manipulation (Robotics). • Social intelligence. • Abstract and creative thinking (Computational creativity). • General intelligence and decision making (General AI). • Many, many more… *Italics for common usage of terms. Cognitive Functions…
5. The Turing Test • Widely used as the test for Artificial Intelligence. • Developed by Alan Turing in 1950. • Predicts a machines ability to exhibit intelligent behaviour. • In other words, convince a human that the machine itself if is a human also. • Yet the test is only done through responses to written questions. • General Artificial Intelligence (AKA Strong AI) can pass Turing Test. • Weak Artificial Intelligence (AKA Narrow AI) cannot pass the Turing Test.
6. Uses of AI… Categories: • Search and optimization. • Logic. • Reasoning. • Learning (Deep learning.) • Neural networks( models human brain). • Control. • Language. • Evaluation. • Many, many more… *Italics for common usage of terms.
7. What Is The History Of Artificial Intelligence Technology?
8. History Of Artificial Intelligence Technology… • Stories and fiction. • Philosophers and mathematicians. • Discoveries in neuroscience, psychology, linguistics and cybernetic = potential for an electronic brain. • Advances in computer science • First AI designed in 1943. • Replication of knowledge and analytical in 1980s. • First self driving cars in 1980s. • Deep Blue won chess in 1997. • IBM Watson in Jeopardy in 2011.
9. What Are Some Types Of Artificial Intelligence Technology?
10. Types Of Artificial Intelligence… Practical examples: • Health care. • Finance. • Marketing. • Video games. • Automotive (Self Driving Cars – today!) • Many, many more…
11. Why Is Artificial Intelligence Technology Important For Society?
12. Importance Of Artificial Intelligence… Not mainstream yet, but emerging. • Possibility of taking over existing jobs ? • Possibility of creating new jobs and job types? • Compliment our jobs not supplement them? • Ability to change society and thus laws? • The Singularity?… • …and human apocalypse (OpenAI a non-profit AI research company, discovering and enacting the path to safe artificial general intelligence)? • Enhance not replace humans? • What else?
13. Could A Robot Do Your Job? Probably!
14. Based on this as a soon-to-be-grad, what will you do to future-proof yourself against AI?
15. Case Study – Self Driving Cars
16. Who Are The Various Stakeholders That Influence The Development Of Legal Regulation Of Self Driving Cars?
17. Stakeholders That Influence The Development Of Regulation For Self Driving Cars… International Regulators • United Nations. Domestic Regulators • The Australian Executive (Department of Industry, Innovation and Science). • Parliament of Australia. Entrepreneurs, designers, manufacturers, developers & their legal entities • Google. • Facebook. • Apple. • Etc. Citizens of the World • International community. • Domestic community.
18. Stakeholders That Influence The Development Of Regulation For Self Driving Cars… Road users • Passengers. • By standers. Vehicle Owners • Taxi licences plate holders. • Public transport. Hackers Insurers
19. What Are The Current International And Domestic Frameworks That Regulate Self Driving Cars?
20. Recall that a Treaty is: “An agreement between States and Nations.”
21. • Not between Citizens or between a Nations States and Territories. • They serve as a way to practice stable and organized international relations. • Binding at international law. • A contract (contracts needs intent). • It is consent-based governance. • A State can only abide and enforce a treaty by if they consented. • If they didn’t consent then they can ignore it. • Ratification means confirmation. • This maintains State sovereignty (independence). • No State prosecutes treaties unless it’s after a major war like WWI or WWII. • Reality is national shaming, sections, diplomats etc. • Creates issues for Regulating Technology! Two types: • Bilateral treaty – between two States. • Multilateral treaty – between many States (UN Chatter).
22. Treaties help: • Create alliances in an interdependent, globalized, tech enabled work. • With international issues that cannot be solved by States alone. • Maintain State sovereignty (independence). • With Australian national interests. • Middle ranking power with finite negotiating resources. • Military and economical stake so we are not vulnerable. • Geo-isolation and population size means we benefit.
23. • Space. • Post. • Shipping. • Defence. • Nuclear non-proliferation. • Environment. • Civil aviation. • War. • Sea and maritime boundaries. • Human rights. • World heritage. • Terrorism. • Drug trafficking. • Border protection. • Refugees and asylum seekers. • International organisations. • Etc… Some areas regulated by Treaties:
24. Treaties are established (very simply) by: 1. Power to enter into treaties is granted under s51 and s61 of The Australian Constitution. 2. In the jurisdiction of Executive not Legislature (Parliament). • Signed then tabled at Parliament to discuss the benefits and effects of and obligations on Australia and required implementation. • Consultation with States and Territories, industry and other interest groups. 3. Ratification makes the treaty binding, but in domestically. 4. News domestic laws are not required. • If current legislation is adequate, then no domestic laws are created. • If current legislation is inadequate, then commonwealth to state laws are created. 5. Implementation through Executive action.
25. Universal Declaration of Human Rights… • Humans have non-binding rights. • Not a treaty, so it does not directly create legal obligations for countries. • Only an expression of the fundamental values which are shared by all members of the international community. • Similar rights granted by Magna Carta and the Rule of Law.
26. Current Domestic Regulatory Frameworks… Domestic (not to Australia) • Germany – a driver must have a “minimum” level attention. • California – a driver must monitor the safe operation. • Nevada – a driver must be behind the wheel.
27. Current Domestic Regulatory Frameworks… • What about the doctrine of Nulla poena sine lege – no penalty without a law? • Are self driving cars legal based on the principle of that everything is permitted unless prevented by law? • When laws cannot guide us, do we revert to ethics? • Is the law playing catch-up?
28. Ethics… • “Standards of behaviour that help us decision course of action for a situation.” • Not law, religion or morality. • Law and ethics don’t always line up. Consequentialist theories • The Utilitarian Approach • Benefits the largest group. • The Egoistic Approach • Appeals to self interest. • The Common Good Approach • Benefits people as a whole Non Consequentialist theories • The Duty-Based Approach • Proper intention from duty or universal law. • The Rights Approach • Protect the rights of those affected. • The Fairness or Justice Approach • All should be treated alike. • The Divine Command Approach • What god commands. Agent centred theories • The Virtue Approach • Considers human virtues (dignity, mercy, justice, humour etc.) • The Feminist Approach • Considers minorities.
29. Applying Ethics… One way: 1. Determine the issue or problem. 2. Determine the stakeholders. 3. Gather available information and facts. 4. Formulate possible options. 5. Make a decision and consider it. 6. Apply it (or present it.)
30. Source: https://en.wikipedia.org/wiki/File:Trolley_problem.png
31. Activity • You have been tasked with create new regulations for self driving cars and programming for accidents (The Trolley Problem). – A no win scenario, 1 vs many will die – Unfortunately it’s a matter of kill or let die. You don’t initiate it, or have any responsibility for it. • Represent each stakeholder group from before – Manufacturer, AI (Driver), Driver, Passenger, Bystander etc. 1. Determine your stakeholder groups interests (15 minutes). 2. Create a law based on International treaties and Australian domestic law that regulates self-driving cars taking into consideration your stakeholder groups interests (15 minutes). 3. Discuss if this is mutually beneficial for all stakeholder groups (15 minutes).
32. Source: https://en.wikipedia.org/wiki/File:The_trolley_problem.svg
33. More Trolley Problem Questions… • What if it is a adult vs child? • What if it is many adults vs child? • What if it is someone that “deserves” to die via capital punishment? • What if it is a passenger? • What if it is a passenger vs many people? • Does you answer change if it was you on the receiving end? • How do you achieve justice? • How about if it mirrored the instinctive but split second decision of a human and took the same action? • What about road conditions, obstacles, flow on effects?
34. More Questions… Liability • Liability means who’s is to blame? • How do you determine guilt? • What defines personhood and consciousness? – Natural birth, pain, memories, intention etc.? • Does Artificial Intelligence have personhood? • Will Artificial Intelligence have personhood?
35. Even More Questions… Fault and intention • Actus Reus mean action in criminal law. • Mens Rea mean intention in criminal law, but sometimes there is no fault. • Strict Liability doesn’t require Mens Rea only Actus Reus. • Absolute Liability required Mens rea and Actus Reus. • Do we need intention for machine liability? • How do we demonstrate the intentions of a non-human? • How can we do this within existing criminal law principles?
36. Even, Even More Questions… Tort of Negligence 1. Duty of care needs to exist. 2. Breach of that duty of care. 3. That breach of that duty of care cause… 4. …Damage. • Generally, no intention needed. • Conduct is everything!
37. Are The Current International And Domestic Frameworks That Regulate Self Driving Cars Adequate?.
38. A starting point could be the Tort of Negligence.
39. Additional Questions To Consider… • Is General Artificial Intelligence possible? • Will the Singularity/superintelligence occur? • What are the limits of General Artificial Intelligence? • What are the risks General Artificial Intelligence? • What about implications on privacy? • Can machines have consciousness, sentience and mind? • Do/will law prevents and stifle innovation in Artificial Intelligence? • Should different law apply to General Artificial Intelligence and Narrow Artificial Intelligence? • Is the Turing Test is relevant? • Should Artificial Intelligence be given the same legal responsibilities and rights as humans? • Does this include the right to reproduce?

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Sales & Marketing Law and Consumers Complaints

Orren Prunckun — Sun, 03 Dec 2017 22:30:30 +0000

Sales & Marketing Law And Consumers Complaints
1. Sales & Marketing Law and Consumers Complaints Copyright © 2015 Orren Prunckun. All Rights Reserved.
2. What Is Sales And Marketing?
3. Good, Services, Solutions… • Solution. • Business move customers pain to gain in exchange for money. • Value for value i.e. price/pricing (will cover later). • Good. • Generally tangible. • A solution. • Service. • Generally intangible. • A solution. • Can be interchangeable.
4. Marketing… • Marketing. • Generating leads (will cover as SPAM ). • Converting suspects to prospects. • Often thought of as market research and advertising. • Advertising (will cover as false advertising). • A subset of marketing. • An offer, not just an advertisement (will cover as pricing and anti-competitive conduct). • Referrals. • Another subset of marketing: a lead through positive word-of-mouth. • Based on social proof (will cover as testimonials).
5. Sales… • Sales. • Converting a lead (prospect) into a paying customer. • Channel (or marketing channel). • A way of communication to a cohort of people. Could be: • Mass media such as television, radio, magazines, newspapers. • Signage in your place of business. • Door-to-door sales and telemarketing (will cover later.) • Home shopping such as internet sales, mail order and email marketing (will cover SPAM.)
6. The Marketing & Sales Process… Market Research. 1. Identify prospects (who are you customers). Marketing. 2. Suspect for prospects (finding your customers). Marketing/Sales. 3. Initiate outreach (bridging the gap with your customers). 4. Target outreach (qualify/disqualify your customers). Sales. 5. Needs analysis (find your customers specific needs). 6. Solution presentation (present your solution to your customers). 7. Trial Close (ask your customers to buy). 8. Negotiation (address any customer concerns – if required). 9. Close (ask your customers to buy again – if required).
7. Why Is Sales And Marketing Important To Small Business?
8. Importance Of Sales & Marketing… • Sales is life blood to business. • Nothing happens without a sale – you are not in business until you make a sale, you are playing business. • Happy customers mean repeat business, referrals and word-of-mouth (will cover as testimonials). • Disgruntled customers do not. • Think about referrals in light of Defamation – a positive version. • Lots of regulations: pre-paid funerals, sale of business etc., so we’ll cover the most common to small business.
9. Influence: The Psychology of Persuasion 1. Social Proof: People will do things that they see other people doing due to endorsements, testimonials, case studies, success stories, reviews (will cover as false or misleading representations, and guarantees an warrantees, refunds and returns). 2. Scarcity: time, quantity, limits (will cover as Internet Sales, Door- To-Door Sales & Mail Order.) 3. Reciprocity: people are more inclined to return free support/favours received. Give before you get (will cover as gifts). 4. Authority: people trust those with perceived authority. 5. Liking: people do things for those they know like and trust. 6. Commitment & Consistency: people act consistent with what they have committed to.
10. These factors of “influence” can create an imbalance of market power between consumers and business, particularly around the nature of commerce and contracts. Regulations by way of consumer protection are needed to responded to this.
11. What Is Australian Consumer Law?
12. Competition and Consumer Act 2010 (Cth) • Covers “the relationships between suppliers, wholesalers, retailers, and consumers.” • “Its purpose is to enhance the welfare of Australians by promoting fair trading and competition, and through the provision of consumer protections.” • Broadly, it covers: • Product safety and labelling. • Unfair market practices. • Price monitoring. • Anti-competitive conduct. – ACCC
13. Was The Trade Practices Act 1987 (Cth) • “False representation in connection to supply goods or services is a criminal offence.” – S53 • Not longer enacted.
14. Fair Trading Act 1987 (SA) • To apply the Australian Consumer Law to South Australia. • “To otherwise regulate unfair or undesirable practices affecting business and other consumers.”
15. Sales Of Good Act 1895 (SA) • Regulate the sale of goods. • Goods need to be fit for purpose and merchantable quality. • “Applies only to contracts for the purchase of goods.” • “No maximum value of the contract where protection stops.” • Applies to all kinds of consumers.
16. Why Is Australian Consumer Law Important To Small Business & Consumers?
17. Predatory Pricing… Predatory pricing is: 1. Reducing prices below supply costs (loss leader) to drive out competition. 2. Once not competition exists (priced out of market) prices put back up to recover costs. • Intended to hurt competition not consumers. • Short term helps consumers due to lower prices • Long term actually hurts consumers as there is less market choice (if choosing based on price alone.) • Hard to prove = not an effective regulation.
18. Product Safety… • Regulation makes business deliver safe products to consumers. • Governments intervene where there is evidence of actual or potential product safety problems. • They do this where intervention is justified in terms of costs and benefits to consumers and suppliers. • Governments contribute to safety outcomes by: • Establishing and ensuring compliance with mandatory safety standards for specific consumer products. • Promoting consumer awareness of particular product hazards. • Promoting good product safety management practices to suppliers. • Negotiating solutions between consumers and suppliers. • Encouraging research to improve the safety of products.
19. What Areas Of Consumer Law Exist In Australia & How Do Small Businesses Comply With Australian Consumer Law??
20. “False and Misleading Practices” “False and Misleading Practices” – Competition and Consumer Act 2010 (Cth) Schedule 2: 1. Misleading or deceptive conduct. A. False Advertising. B. Puffery & Predictions. 2. Unconscionable conduct. A. Internet Sales, Door-To-Door Sales & Mail Order. B. Telemarketing & Email Marketing (SPAM). 3. False or misleading representations. A. Rebates, Gifts, Prizes Or Free Items. B. Misleading conduct as to the nature etc. of goods (testimonials). C. Bait advertising. D. Wrongly accepting payment For Goods Or Services. 4. Other practices. A. Multiple pricing. B. Consumer guarantees – Guarantees, Warranties, Refunds & Returns.
21. Format For Explanations: 1. Area of consumer law. – Misleading or deceptive conduct. – Unconscionable conduct. – False or misleading representations. – Other practices. 2. Definitions.* 3. The regulations.* 4. Example(s).* *Definition, Regulation and Example wording is taken from various state business and consumer affairs agencies.
22. 1) Misleading Or Deceptive Conduct
23. 1) Misleading Or Deceptive Conduct… Definition • Mislead = “lead astray in action or conduct, lead into error, or cause to err.” • Weitmann v Katies Ltd (1977) 29 FLR 366 • Deceptive = a wrong impression to “believe what is false, mislead as to fact, lead into error.” • Conduct = actions and statements, such as: • Advertisements, promotions, quotations, statements, any representation made by a person. • Or “conduct which leads to a consumer into error as to its meaning.” • Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 • “Misleading or deceptive or likely to mislead or deceive.” • Trade Practices Act 1987 (Cth)
24. 1) Misleading Or Deceptive Conduct… Law • You cannot create a misleading overall impression among the intended audience about the price, value or quality of consumer goods or services. • It is your actions and statements that matter – not your intentions. • “A business can mislead and deceive, without intending to.”
25. 1) Misleading Or Deceptive Conduct… Examples • “A trader’s business name suggests an affiliation with a long-established institution. The name may mislead or deceive because of this similarity. “ • “A consumer who lives in a regional area is buying a mobile phone. The salesman knows where the consumer lives but fails to tell him that the coverage is poor in that area and the phone may be of no use.” • “A large department store engaged in misleading conduct when it advertised ‘25 per cent off all clothing’ and ‘15- 40 per cent off housewares’, but in small print excluded certain clothing and manchester.” • “A bank advertises low credit card interest rates for the first 12 months. The advertisement clearly indicates the low rates are only available to new customers who apply within a certain period. This disclaimer is sufficient because it clearly informs consumers about the terms and conditions.”
26. 1A) False Advertising… Definition • “A representation or statement in a brochure or media advertisement that is contrary to the fact it is not necessary for the person to know the term in false.” • Given v C V Holland (Holdings) Pty Ltd (1977) 15 ALR 439 • Trade Practices Act (Cth) 1974 s53 Law • Ads need to have the right information – claims, hidden costs, conditions, total including taxes. • “Whatever you are selling, make sure your descriptions are accurate regarding standard, quality, value, style or model, spare parts and repair services.” • Comparative ads are permissible.
27. 1A) False Advertising… Example • “Tell potential buyers if the goods have already been used (for example, as ‘demo’ models).” • “Don’t claim endorsements, sponsorships or associations with organisations that you don’t have.” • “Make sure that you and your staff know your products so you can describe or demonstrate them confidently.”
28. 1B) Puffery & Predictions… Definition • “‘Puffery’ is wildly exaggerated, fanciful or vague claims that no reasonable person could possibly treat seriously or find misleading.” • “A statement about the future that does not turn out to be true is not necessarily misleading or deceptive.” Law • Puffery is not misleading or deceptive. Example • “A cafe owner claims to make ‘the best coffee in the world’.” • “A business claims ‘all your dreams will come true’ if you use a certain product.”
29. 2) Unconscionable Conduct
30. 2) Unconscionable Conduct… Definition • Unconscionable = not reasonable. • Conduct = actions and statements, such as: • Advertisements, promotions, quotations, statements, any representation made by a person. • Or “conduct which leads to a consumer into error as to its meaning.” • Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 Law • “A business must not act unconscionably when selling or supplying goods and services to a consumer.”
31. 2) Unconscionable Conduct… Example • “Not allowing sufficient time to read an agreement, ask questions or get advice.” • “Using a friend or relative of the customer to influence the customer’s decision.” • “Getting a person to sign a blank or one- sided contract.” • “Taking advantage of a low-income consumer by making false statements about the real cost of a loan.” • “Failing to disclose key contractual terms.” • “Using high pressure tactics, such as refusing to take ‘no’ for an answer.”
32. 2A) Pressure selling – Internet Sales, Door-To- Door Sales & Mail Order… Definition • An unsolicited agreement is: • “When a salesperson approaches or telephones you without you inviting that contact.” • “When negotiations take place over the phone or at a location other than the suppliers premises.” • “When the total value of the agreement is more than $100, or the value was not established when the agreement was made.”
33. 2A) Internet Sales, Door- To-Door Sales & Mail Order… Law Traders must not contact you: • “On a public holiday.” • “On weekdays, before 9.00 am or after 6.00 pm (8.00 pm for telemarketing).” • “On a Saturday before 9.00 am or after 5.00 pm.” • “10 business days cooling of if decided to change mind = next business day after written.” • “Door, phone, internet, TV, mail order = same regulations apply when bought from a store, plus extra protections.” • “Do not call/knock – must be obeyed.” • “But there is pressure selling – not illegal.”
34. 2A) Internet Sales, Door- To-Door Sales & Mail Order… Example • “Explain up-front the purpose of their visit and show you some identification.” • “Inform you that you can ask them to leave at any time.” • “Give you written information about your cooling-off rights.” • “Explain upfront the purpose of their call.” • “End you written information about your cooling-off rights.”
35. 2B) Telemarketing & Email Marketing… Law Continued… • Spam Act 2003: http://www.comlaw.gov.au/Series/C200 4A01214. • In essence, you need: • “Gained consent for commercial communication.” • “Clear identification of who sent the communication.” • “The ability to stop any further the communication.”
36. 2B) Telemarketing & Email Marketing… • All links, phone numbers or contact information in the message should be intended to identify you by being placed in the signature and do not lead to content with a commercial purpose. • Only find email addresses that are publically published. Don’t guess email addresses or harvest them. Don’t contact emails which say they don’t want to be contacted publically.
37. 2B) Telemarketing & Email Marketing… • When you reactivate old email lists, gain inferred consent by asking to be directed by colleagues to the related person who holds the relevant role or function. • Publish your business name, address, website, phone number and email in the email signature for the sole purpose of identifying the sender of the message and make sure they do not lead to content with a commercial purpose. • Staff should use their name both in the body and field • Your email address should stay active for 30 days after ceasing contact. • Have unsubscribed information in the P.S. of email. Do this because the P.S. section is the one of the most read parts of an email. • Remove unsubscribes immediately. • Unsubscribing should cost recipient nothing.
38. 3) False Or Misleading Representations
39. 3) False Or Misleading Representations… Definition • False = Not true. • Mislead = Wrong impression. • Representations = A portrayal. Law • “Must not make false or misleading representations about the standard, quality, value or grade.” • “he composition style, model or history of goods.” • “Whether the goods are new.” • “The price of goods or services.” • “The availability of repair facilities or spare parts.” • “The place of origin of a product.” • “Manufacturing process.” • “Characteristics.” • “Suitability for purpose.” • “Quantity of any goods or services.” • Etc…
40. 3) False Or Misleading Representations… Examples • “A manufacturer sold socks, which were not pure cotton, labelled as ‘pure cotton’.” • “A retailer placed a label on garments showing a sale price and a higher, crossed-out price. However, the garments had never sold for the higher price.” • “A business made a series of untrue representations about the therapeutic benefits of negative ion mats it sold.” • “A motor repairer told a customer more repair work was needed on their car than was necessary.” • “On the front of their product packaging, a business claimed their batteries lasted as long as those of two other competitors. The claim was supported by tests, but only against some (not all) of the competitors’ batteries.”
41. 3A) Rebates, Gifts, Prizes Or Freebies… Definition • Something given without payment. • Based on reciprocity. • Use to convert prospects from suspects. Law • “Must intend to provide them within a reasonable time.” • “Do not disclose special terms and conditions to be met before the gift or prize is available.” • “Supply gifts or prizes substantially different from those promised.” • “Do not supply gift or prize at all.”
42. 3A) Rebates, Gifts, Prizes Or Freebies… Example: • “A stereo equipment retailer held a promotion. Customers went into a draw to win prizes when they bought stereo equipment. The retailer felt the promotion had not been a financial success, so fake names were added to the draw (among other things) and those fake names were declared the winners. This meant no prizes were awarded by the retailer.”
43. 3B) Testimonials… Definition • A statement from a customer used to persuade other customers to buy based on implied trust or social proof. • “Can give consumers confidence in a product or service on the basis that another person – particularly a celebrity or well-known person – is satisfied with the goods or services.” – Competition and Consumer Act 2010 (Cth) Law • “Testimonials need to be true and correct.” • “They need to be from real customers about their experience with your product, service or solution.” • “By law you are required to have proof that testimonials are true and correct and from real customers about their experience with your product, service or solution.” • “Overseas same laws don’t apply – Laws of the country they are trading in.”
44. 3B) Testimonials… Example: • “A supplier published a newspaper advertisement about a ‘nasal delivery system’ to treat impotence or erectile dysfunction. The advertisement quoted an interview with a celebrity that falsely claimed he had suffered from impotence and the nasal delivery system had assisted in dealing with this condition.” • “An advertisement where an actor is portrayed as a real person and falsely claims to have reaped financial benefits from distributing health care products.”
45. 3C) Bait Advertising… Definition • Advertisement = A notice or announcement in a public medium promoting a product, service, or solution. • Is an offer, not just an ad. • Bait = A trap. • Bait and switch = “The action advertising goods which are an apparent bargain, with the intention of substituting inferior or more expensive goods.” Law • “Bait advertising is where a trader advertises only a limited number of goods to entice customers to the premises, knowing that the number for sale will not meet anticipated demand.” • “‘Bait advertising’ usually happens when a business advertises goods at certain price but does not have a reasonable supply for customers to buy.”
46. 3C) Bait Advertising… Example • “An electronics retailer runs a major national campaign advertising 50-inch televisions at a low price of $799 for a week-long sale. The retailer usually sells about 30 televisions of this type every week.” • “The retailer only stocks two televisions at the advertised price and refuses to take customer orders.” • “When customers attempt to buy the television at the advertised price, they are told it is out of stock and offered a more expensive unit for $999. This is likely to be bait advertising as the retailer does not have a reasonable supply of the advertised television.”
47. 3D) Wrongly Accepting Payments For Goods Or Services… Law • “Businesses must not accept payment for goods or services they do not intend to supply.” Example: • “A landscaper contracts to provide yellow paving stones, knowing that only grey paving stones are available at the time of the agreement.”
48. 4) Other
49. 4A) Misleading Or Multiple Prices… Law • Having more than one price on a product can be misleading. • Cannot display component pricing – must be a total. • If part payments, they need to be the most visible. • All charges plus tax and GST if applicable need to be displayed. Example • More than 1 price for same item – lowest price displayed – happens a lot in retail with large inventory and hard to keep track. • Publish a retraction if in catalogue – display price – in a similar channel.
50. 4B) Guarantees & Warranties… Definition • Guarantee – An undertaking the something will be done in regards to quality/standard as a right in law. Not time bound. • “A formal assurance that certain conditions will be fulfilled, especially that a product will be of a specified quality. Match description, fit for purpose.” • Warrantee – A voluntary undertaking that something will be done. Time bound. • Extra promise on top of a guarantee. • “A written guarantee promising to repair or replace an article if necessary within a specified period.” • Doesn’t replace guarantee. • Once accepted, a contractual right. • Examples include extra cover, time, amount etc. • Can be useful for authority and influence.
51. 4B) Guarantees & Warranties… Law • “It is unlawful to make false or misleading representations about consumer guarantees.” • Goods need to be “of acceptable quality – they will be safe, durable and free from defects. They will be acceptable in appearance and finish, and do the job such things are usually used for.” • “Match any description given to the consumer.” • “That are fit for any disclosed purpose – the goods will do the job the consumer was told they would with due care and skill – they will use an acceptable level of skill or technical knowledge, and take care to avoid loss or damage.” • “Which are fit for any specified purpose – the service will achieve the result the consumer was told it would.”
52. 4B) Guarantees & Warranties… Law Continued… • Achieve the consumer’s stated purpose. • Sufficient quality to achieve desired results. • Can’t contract your way out of consumer guarantees. Not covered by guarantees: • Private sellers/garage sales/fates – are not “traders.” • Auction (as they are once off sales). • More than $40k i.e. a business not consumer item. • Ingredients.
53. 4B) Guarantees & Warranties… Example • “Imagine you bought a microwave oven for $400, which had 12 months warranty. After 13 months, it stopped working. You would have rights under the Australian Consumer Law to have the microwave repaired or replaced because it’s likely you expected it to last longer.” • “If you bought a microwave for $45 and the same thing happened, the same rights might not apply. The price of the microwave compared to the time that it was likely to last is different.”
54. 4B) Guarantees & Warranties… • “Imagine you bought a 12 month membership at your local gym. Two months into the contract, the gym closes down. You have rights under Australian Consumer Law to get a refund, or compensation for the 10 months that you won’t be able to use the gym.” • “If the gym closed 10 months into your contract, the same rights might not apply because you have used the gym for most of the time stated in the contract.” • “A consumer hires a painter to paint her house. Before starting the job, the painter does not remove all of the old, flaking paint. Six months later, the new paint starts to flake. The painter has not met the ‘due care and skill’ guarantee, as he did not use a level of skill that would be expected of a reasonable painter.” • “While painting the consumer’s house, the painter knocks over a can of paint, which spills over her newly paved driveway. The painter has not met the guarantee and must fix the damage.”
55. Basically, Don’t Be: • Fake. • Misleading. • Deceptive. • Unconscionable.
56. What Remedies Exist For Consumers When Small Businesses Do Not Comply With Australian Consumer Law?
57. Refunds On Goods A customer can seek a remedy under certain circumstances and may be entitled to a refund if the goods: • Have a fault that the customer could not have known about at the time of the purchase. • Do not do what the customer was led to believe. • Do not match the sample they were shown. • Are not as they were described. • Has a problem that would have stopped the customer from buying the product • Is substantially unfit for its use and can’t easily be repaired (within a reasonable time). • Does not meet the specific purpose the customer asked for and cannot easily be repaired (within a reasonable time). • Create an unsafe situation.
58. Remedies…Types of Remedies: 1. Refund/return. 2. Repair. 3. Replacement/exchange. 4. Reimbursing the consumer for repairing or replacing the goods. 5. Re-supplying services. 6. Compensation if the value has dropped. May return if: • Used but not obvious. • Not worn/used. • Proof of purchase. • Online. • Second hand. • Depends on time ago, age, condition, price.
59. Remedies Continued…May not return if: • Fault is prior to purchase and purchased regardless. • Inspected and no faults found. • Used incorrectly- fault was wasn’t for unintended use (Hills Hoist.) • Used a lot and fault is from natural wear and tear. • Changed mind. Particulars: • Not in original packaging, but protected – liable for any extra damage. • Ask for policy. • Seller pays for cost of return when too expensive like a bed – faulty. • Non faculty cost = must give them option, inflate cost to be prohibitive. However, goodwill due to economies of scale.
60. Product Safety • Right to inspect product. • Must be fit for purpose. • If unsafe you or regulator issue recall. • Permeant or temporary. Obligation to ensure that only safe products are marketed. They should: • “Provide clear instructions for proper use (this includes warnings against possible misuses).” • “Be aware of, and meet, industry and mandatory safety standards.” • “Develop product recall plans and procedures, including effective communication strategies to the public (eg advertisements in papers).” • “Incorporate safety into product design.” • “Develop appropriate safety standards through product improvement.” • “Implement a quality assurance program which includes consumer feedback.” • “Respond quickly to safety concerns that arise.”
61. Context Is Important “People concerned about their body image may be more vulnerable to products claiming to enhance beauty. Whether a representation about a beauty product was misleading would depend on whether it would mislead a reasonable person within this group.”
62. What Is The Process For Making Consumer Complaints In Australia?
63. Consumer Complaints What is the process for making consumer complaints? • Visit, write, phone the business with issue, receipt, contracts, paperwork, records of contact, guarantee etc. • If not suitable, formal complaints with Consumer and Business Services. – Tribunals for consumers quick remedy. • Small claims in South Australia in Magistrates Court if under $6,000.
64. What Are The Consequences For Small Business That Do Not Comply With Australian Consumer Law?
65. Consequences For Business Civil remedies including: • Injunctions. • Damages. – Consequential loss. – Compensation for their reasonably foreseeable costs in time and money because something went wrong. – It is usually financial but can include other costs, such as lost time or productivity. • Compensatory orders. • Orders for non-party consumers. • Non-punitive orders. • Adverse publicity. • Disqualification orders. • Accept court-enforceable undertakings. • Issue public warning notices. • Require a business to provide information that will support claims or representations made about goods or services. Can be criminal as well, depending on circumstances.

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Regulating Outer Space

Orren Prunckun — Fri, 30 Jun 2017 23:32:24 +0000

What Is Space Technology?

“Any technology for use in space.”

What Is The History Of Space Technology?

1903 – Theoretical space discoveries.
1919 –Engineering space discoveries.
1944 – First rocket to space.
1957 First unmanned satellite .
1961 First man in space.
1963 First woman in space.
1969 First man on moon.
1981 First reusable spacecraft.

The post Space Race period saw more international cooperation and non-government organizations enter the industry…

What Are Some Types Of Space Technology?

Flight.
- Rockets.
- Launch.
Satellites.
- Data collection.
- Communications.
- Observation.
- Military.
Exploration.
- Rovers.
- Manned Missions.

Why Is Space Technology Important For Society?

Australia’s ongoing social, environmental and economic well- being depends on the continued and cost effective access to satellite data. www.space.gov.au

Telecommunications.
Communications.
Weather.
Tracking.
Observations.
Television.
Radio.
Navigation and planning.
Internet.
Scientific Collection.
Transport.
Logistics.
Environmental incidents.
Urban development.
And much, much more…

What Is Emerging Space Technology?

“A new technology being developed for space.”

What Are Some Types Of Emerging Space Technology?

Flight.
- Reusable Launch Systems.
- Reusable Rockets (Single Stage to Orbit).
- Robotics (Space Clean-up).
Satellites.
- CubeSats.
Exploration.
- Asteroid mining.
- Transport.
- Space Tourism.
- Planetary Colonization.
- Space-Based Solar Power.
- Space Manufacturing (3D printing).
- Computing.

Why Is Emerging Space Technology Important For The Future?

Same reasons as why current space technology is important for society?
Reduce the costs for the same benefits?
Better weather and environmental data and prediction?
Allow for new technologies such as self- driving cars?
Resource and environmental management?
Derive benefits of advancements in Big Data?
Solve some of our resource issues?
Solve our overpopulation issues?
Open up and encourage innovation and investment for economic prosperity?
What else?

What Are The Current International And Domestic Frameworks That Regulate Emerging Space Technology?

A Treaty is: “An agreement between States and Nations.”

Not between Citizens or between a Nations States and Territories.
They serve as a way to practice stable and organized international relations.
Binding at international law.
A contract (contracts needs intent).
It is consent-based governance.
A State can only abide and enforce a treaty by if they consented.
If they didn’t consent then they can ignore it.
Ratification means confirmation.
This maintains State sovereignty (independence).
No State prosecutes treaties unless it’s after a major war like WWI or WWII.
Reality is national shaming, sections, diplomats etc.
Creates issues for Regulating Technology!

Two types:

Bilateral treaty – between two States.
Multilateral treaty – between many States (UN Chatter).

Treaties help:

Create alliances in an interdependent, globalized, tech enabled work.
With international issues that cannot be solved by States alone.
Maintain State sovereignty (independence).
With Australian national interests.
Middle ranking power with finite negotiating resources.
Military and economical stake so we are not vulnerable.
Geo-isolation and population size means we benefit.

Some areas regulated by Treaties:

Space.
Post.
Shipping.
Defence.
Nuclear non-proliferation.
Environment.
Civil aviation.
War.
Sea and maritime boundaries.
Human rights.
World heritage.
Terrorism.
Drug trafficking.
Border protection.
Refugees and asylum seekers.
International organisations.
Etc…

Treaties are established (very simply) by:

Power to enter into treaties is granted under s51 and s61 of The Australian Constitution.
In the jurisdiction of Executive not Legislature (Parliament).
Signed then tabled at Parliament to discuss the benefits and effects of and obligations on Australia and required implementation.
- Consultation with States and Territories, industry and other interest groups.
- Ratification makes the treaty binding, but in domestically.
New domestic laws are not required.
- If current legislation is adequate, then no domestic laws are created.
- If current legislation is inadequate, then commonwealth to state laws are created.
Implementation through Executive action.

Current International Regulatory Frameworks…

International

The Outer Space Treaty (1966).
The Rescue Agreement (1967).
The Liability Convention (1971).
The Registration Convention (1975).
The Moon Agreement (1979) .

These originated from the Space Race during the Cold War.

Current Domestic Regulatory Frameworks…

Domestic

Space Activities Act 1998 (Cth) .
Space Activities Regulations 2001 (Cth) .

These reflect Australia’s international obligations under treaties and its national interests in space.
The Outer Space Treaty (1966)

Peaceful and free for exploration and use by States.
Benefit of all people.
For common interest of all mankind.
Not subject to national appropriation.
Maintain security and promoting use of international co- operation.
Peaceful purposes.
Render astronauts assistance.
Launch States are liable.
Avoid harmful contamination.

The Rescue Agreement (1967) The Liability Convention (1971) The Registration Convention (1975)

Render astronauts assistance.
Liable States pay compensation.
More than one State is joint and severally liable.
Identification of space objects.
Registration of space objects.

The Moon Agreement (1979)

No international conflict.
Applies to other celestial bodies.
Not for asteroids.
Use for peaceful purposes.
Benefit of all people.
For common interest of all mankind.
Freedom of scientific investigation.
Maintain its environment.
Establish a station.
Free access to whole moon.
Safe guard life.
Render astronauts assistance.
Not subject to national appropriation.
To manage its resources.

Space Activities Act 1998 (Cth) Space Activities Regulations 2001 (Cth)

Regulates space activities carried on either from Australia or by Australian nationals outside Australia.
Provide for the payment of adequate compensation for damage caused to persons or property as a result of space activities.
Implement Australia’s obligations under the UN Space Treaties.
Supplement Space Activities Act 1998 (Cth)
Guidelines that dictate how the provisions of the Act are applied.

Who Are The Various Stakeholders That Influence The Development Of Legal Regulation Of Emerging Space Technology?

International Regulators

United Nations.

Domestic Regulators

The Australian Executive (Department of Industry, Innovation and Science).
Parliament of Australia. Non-Government Organizations
National Aeronautics and Space Administration.
International Space Station.
European Space Agency.
Japan Aerospace Exploration Agency.
Shenzhou Program.
Indian Space Research Organisation.
Etc.

Entrepreneurs & Their Legal Entities

Elon Musk (Space X – transportation and colonization of mars).
Peter Diamandis (Planetary Resources Inc – prospecting asteroids. X Prize – crowd sourced space technology. Space Adventures Ltd– space tourism).
Richard Branson (Virgin Galactic – space tourism).
Mars One – colonization of Mars.
Jeff Bezos (Blue Ocean – space tourism).
Deep Space Industries – prospecting asteroids.
Fleet – CubeSats.

Citizens of the World

International community.
Domestic community.

Activity

You have been tasked with creating new regulations around asteroid mining.

Represent each (of five) stakeholder group from before.

Determine your stakeholder groups interests and current regulations (25 minutes).
Negotiate an agreement based on International treaties and Australian domestic law that is lawful for asteroid mining (15 minutes).
Discuss if this is mutually beneficial for all stakeholder groups (10 minutes).
Determine what regulations are needed in the future for mutual benefit for all stakeholder groups (10 minutes).

Are The Current International And Domestic Frameworks That Regulate Space Technology Adequate For Emerging Space Technology?

Has the world changed since the Cold War?
Are the international guidelines still relevant and accurate?
Does the current cost of space insurance slow space innovation?
Is public safety, collision and debris risk over regulated?
Is trying to regulate launch states futile?
Is the United Nations Convention on the Law of the Sea Treaty more relevant?

Additional Questions To Consider…

Can corporations mine steroids?
What regulations come into play when a space tourist is in distress?
What jurisdiction handles space tourists if they break the law in orbit?
Who is liable if a piece of space junk crashes into the International Space Station?
What are the boundaries of outer space?
How do policy makers manage space traffic?

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Privacy In Emerging Technology

Orren Prunckun — Fri, 30 Jun 2017 23:31:03 +0000

What Is Privacy?

“Freedom from being observed or disturbed by others.” “The ability to control information about oneself to others.” “Who can, and how can others access information about you.”

What Is Surveillance?

“Close observation, especially for a particular purpose.”

“Any collecting or processing of personal data, whether identifiable or not, for the purposes of influencing or managing those whose data have been gathered.” Surveillance Society: Monitoring Everyday Life (2001) D. Lyon, Buckingham: Open University Press.

What Are Some Emerging Technology Trends That Deal With Privacy?

Mary Meeker is a General Partner at Kleiner Perkins Caulfield Byers who publishes the Internet Trends Report each year.

Kleiner Perkins Caulfield Byers is an American venture capital firm formed in 1972.

They have raised $10 Billion in funds to date and have invested in:

Google.
Twitter.
AirBnB.
Snapchat.
Uber.
Sound Cloud.
Nest.
Waze.
And many, many more…

In the 2014 Internet Trends Report, Meeker explained:

That cybersecurity threats are on the rise.
Instant sharing and communication will “make world better / safer place but potential impact to personal privacy will remain on- going challenge.”

In the 2016 Internet Trends Report , Meeker explained:

That “as data explodes…data security concerns [will also] explode.”

In the 2017 Internet Trends Report, Meeker explained:

That the cloud will accelerating change creating “more applications and more vulnerabilities.”

“In the tangible world, physical limitations prevent the broad abuse of the law… Should the same laws automatically apply to the digital world where a few lines of code can unlock someone’s entire life?” Adam Ghetti, Founder & CEO of Ionic Security, 2016

What Are Some Types Of Emerging Technologies That Influence The Field Of Privacy?

Technology moves beyond the physical:

Drones.

Eye in the sky.

Social media/real time sharing.

Facebook Live.
Snapchat.

Big (meta) data.

Private company data retention.

Internet Of Things (IoT).

Medical.

Etc.

Why Is Privacy Important For Society To Consider, Especially In The Field Of Emerging Medical Technology?

Privacy can be invaded, especially with technology.

Invasion is the unwelcomed intrusion by another.

Four types of invasion:

Intrusion upon the plaintiff’s seclusion or solitude, or into his private affairs.
Public disclosure of embarrassing private facts about the plaintiff.
ublicity which places the plaintiff in a false light in the public eye.
Appropriation (misuse), for the defendant’s advantage, of the plaintiff’s name or likeness.

From: Privacy (1960) William L. Prosser, California Law Review Volume 48, Issue 3.

Importance Of Privacy…

Newspapers have invaded the private precincts of private and domestic life.
The press is overstepping the bounds of propriety and decency.
Gossip has become a trade thereby lowering social standards and morality.
When personal gossip attains the dignity of print, and crowds the space available for matters of real interest to the community, what wonder that the ignorant and thoughtless mistake its relative importance.
An individual should have full protection of the law.

From: The Right to Privacy (1890) Harvard Law Review.

What Are Some Types Of Emerging Medical Technologies That Influence The Field Of Privacy?

Activity/health tracking.
Cheap genomic sequencing.
Disease susceptibility.
Personalized medicine.
Gut microbe tests.
Family history tests.
Cloning .
Euthanasia.
Life extension.
Genetic engineering (modification).
Synthetic biology.
Quantified self.
That’s just the beginning…

What Are Some Ethical And Regulatory Privacy Issues Emerging Technologies Give Rise To?

Activity tracking data, diet information, genome and family history can (and will) accurately determine disease risk and propensity.

However genetic information is very sensitive.

The rapid developments in medical technology raises several of ethical and regulatory privacy issues for emerging technologies:

Contract (and consent.)
Power Attorney/Advance Care Directives (contract and consent).
Ownership of property/Intellectual Property.
Defamation.
What else?

What Are The Current International And Domestic Frameworks That Regulate Privacy, In Particular For Emerging Technology?

Photography

There are no general restrictions on the taking of photographs or film in a public place or from a public place.
However cannot be indecent, of a child in a provocative or sexual manner, be used for voyeurism, protected by a court order (eg. child custody or witness protection), defamatory or being for commercial purposes.

Recording Devices

Recording private conversations is prohibited, unless in the course of duty of that person, in the public interest or for the protection of the lawful interests of that person. Listening and Surveillance Devices Act 1972 (SA).

International Regulations…

The United Nations General Assembly adopted resolution 68/167 in 2013, “which expressed deep concern at the negative impact that surveillance and interception of communications may have on human rights.”
“The General Assembly affirmed that the rights held by people offline must also be protected online.”
“The General Assembly called on all States to review their procedures, practices and legislation related to communications surveillance, interception and collection of personal data and emphasized the need for States to ensure the full and effective implementation of their obligations under international human rights law.”

A Treaty is: “An agreement between States and Nations.”

Not between Citizens or between a Nations States and Territories.
They serve as a way to practice stable and organized international relations.
Binding at international law.
A contract (contracts needs intent).
It is consent-based governance.
A State can only abide and enforce a treaty by if they consented.
If they didn’t consent then they can ignore it.
Ratification means confirmation.
This maintains State sovereignty (independence).
No State prosecutes treaties unless it’s after a major war like WWI or WWII.
Reality is national shaming, sections, diplomats etc.
Creates issues for Regulating Technology!

Two types:

Bilateral treaty – between two States.
Multilateral treaty – between many States (UN Chatter).

Treaties help:

Create alliances in an interdependent, globalized, tech enabled work.
With international issues that cannot be solved by States alone.
Maintain State sovereignty (independence).
With Australian national interests.
Middle ranking power with finite negotiating resources.
Military and economical stake so we are not vulnerable.
Geo-isolation and population size means we benefit.

Some areas regulated by Treaties:

Space.
Post.
Shipping.
Defence.
Nuclear non-proliferation.
Environment.
Civil aviation.
War.
Sea and maritime boundaries.
Human rights.
World heritage.
Terrorism.
Drug trafficking.
Border protection.
Refugees and asylum seekers.
International organisations.
Etc…

Treaties are established (very simply) by:

Power to enter into treaties is granted under s51 and s61 of The Australian Constitution.
In the jurisdiction of Executive not Legislature (Parliament).
Signed then tabled at Parliament to discuss the benefits and effects of and obligations on Australia and required implementation.
- Consultation with States and Territories, industry and other interest groups.
- Ratification makes the treaty binding, but in domestically.
New domestic laws are not required.
- If current legislation is adequate, then no domestic laws are created.
- If current legislation is inadequate, then commonwealth to state laws are created.
Implementation through Executive action.

Universal Declaration of Human Rights…

Humans have non-binding rights.
Not a treaty, so it does not directly create legal obligations for countries.
Only an expression of the fundamental values which are shared by all members of the international community.
Similar rights granted by Magna Carta and the Rule of Law.

What Are The Current International And Domestic Frameworks That Regulate Privacy, In Particular For Emerging Medical Technology?

Domestic Regulatory Frameworks…

Common Law Law of Contract requires:
Intention of the parties to create a legal relationship.
An offer by one party and the acceptance of the offer by the other.
Valuable consideration – must be worth something.
Legal capacity of the parties. Genuine consent given by the parties.
Legality of the objects & public policy party.

However, there is no common law right to privacy in Australia.

Just because a private organization or individual has information stored about you, doesn’t automatically mean you get access to it – Breen v Williams (1996) 186 CLR 71:

Contract Law does not give rise to access of personal medical records.
May not be in the patient’s best interest, as it could cause undue worry.
Doctor owns the physical property of personal medical records.
Doctor owns the intellectual property (copyright) of personal medical records.
However a fiduciary duty means doctor cannot profit from personal medical records.
No “right to know” for a patient.

Regardless, the common law of defamation may help.

Defamation is when a reputation has been wrongfully attacked to a third party, either by:

Slander (spoken).
Libel (written).

Everyone is presumed to have a good charter until proven otherwise.

Domestic Statutes

There is currently no legislation in South Australia creating a general right to privacy.

However Australian (Commonwealth) Legislation gives a right to privacy.

The Privacy Act 1988 (Cth) and Freedom of Information Act 1982

“Governments are increasingly collecting information about people and making decisions based on that information.”

The Privacy Act 1988 (Cth) sets out rules of conduct in regards to privacy, called Australian Privacy Principles (different than the “Nine Principles of Privacy” (later)).

“The Australian Privacy Principles set out how Commonwealth public sector agencies and private sector organisations should collect, use, keep secure and disclose personal information.”

Standards mean that organizations need to:

Be open and transparent.
Provide notice about collection (Privacy Policy etc.)
How information will be used.
Have integrity and security of information.
Provide access…

Provide the standards for:

Commonwealth agencies.
Not-for profits with an annual turnover of more than $3 million.
All health service providers regardless of turnover.
Government contractors.
Some small businesses (selling personal information, residential tenancy, credit reporting, employee association, ballots, etc.) with an annual turnover of $3 million or less.

A Power of Attorney is a document that gives a person (called either the donee, attorney or appointee) the power to act on behalf of the person or company who gives the power (called the donor, principal or appointor.”

Power of Attorney is regulated under the Powers of Attorney and Agency Act 1984 (SA) and the Advance Care Directives Act 2013 (SA). • An Advance Care Directive sets out the wishes for an individual’s future healthcare by an attorney.

Who Has Access To Your Medical Data And How To Obtain Your Data?

Unlike Breen v Williams (1996) 186 CLR 71 Freedom of Information Act 1982 (Cth) allows people to have access to, and control of information that is collected about them by Commonwealth agencies etc.

Under the Australian Privacy Principles a person has the right to access and correct incorrect medical records, transfer of information about you need to be with your knowledge, others cannot arbitrarily access your medical data. Etc.

Unless under exception:

Before 21 December 2001 causing administrative burden, secrecy, personal affairs, crown solicitor, parole board etc.

Case Study – Medical Records

Who Are The Various Stakeholders That Influence The Development Of Legal Regulation Of Emerging Medical Technologies?

International Regulators

United Nations.

Domestic Regulators

The Australian Executive (Department of Industry, Innovation and Science).
Parliament of Australia.

Entrepreneurs, designers, manufacturers, developers & their legal entities

23andMe.
Fitbit.
Etc.

Domestic community

Health insurers or health plan administrators
Employers
Who else?

Activity

The Patient gains a DNA genetic test from a USA based DNA genetic testing company to sequence their genome. The DNA genetic testing company sells the Patients personalised data to an Australian Health Insurer. The Australian Health Insurer denies the Patient health insurance as the Patient has an extreme risk for heart disease (optional: and USA based DNA genetic testing company also sells that information of to the Patients Employer.)
Represent one stakeholder group from before: Patient. – Patient. – DNA genetic testing company. – Australian Health Insurer. – Commonwealth/State regulator. – Employer (optional: if enough groups.) • Determine your stakeholder groups interests (15 minutes).
Create a law based on International treaties and Australian domestic law that regulates privacy DNA genetic test of taking into consideration your stakeholder groups interests (15 minutes). – Consider contract, consent, defamation and property laws as well as privacy ideals.
Discuss if this is mutually beneficial for all stakeholder groups (15 minutes).

Are The Current International And Domestic Frameworks That Regulate Privacy Adequate And Relevant For Emerging Medial Technologies?

Nine Principles of Privacy:

Principle 1: Privacy is a fundamental value worthy of legal protection.
Principle 2: There is a public interest in protecting privacy.
Principle 3: Privacy should be balanced with other important interests.
Principle 4: Australian privacy laws should meet international standards.
Principle 5: Privacy laws should be adaptable to technological change.
Principle 6: Privacy laws should be clear and certain.
Principle 7: Privacy laws should be coherent and consistent.
Principle 8: Justice to protect privacy should be accessible.
Principle 9: Privacy protection is an issue of shared responsibility.

From: Serious Invasions of Privacy in the Digital Era (2014) ALRC Report 123, pp.9-14.

Adequacy And Relevance…

Principle 5: Privacy laws should be adaptable to technological change”
“The design of any legal privacy protection should be sufficiently flexible to adapt to rapidly changing technologies and capabilities, without needing constant amendments. At the same time, laws should be drafted with sufficient precision and definition to promote certainty as to their application and interpretation.”
Serious Invasions of Privacy in the Digital Era (2014) ALRC Report 123,p.36

What is GINA?

The Genetic Information Nondiscrimination Act of 2008.
USA only.

What GINA does?

GINA prevents discrimination of health coverage and employment, particularly by health insurers or health plan administrators, based on genetic information such as genetic tests (including family members, foetus) for disease or disorders.