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Do we need yet another workspace/hub/precinct?
The answer is no.
I wish our leaders would actually do something impactful and LEAD.
Stop throwing money at problems and do things that make change.
Here’s an idea: help change culture around entrepreneurship.
A very wise man once told me “why would anyone in Adelaide start a business when you can work 9-5, make a comfortable living mowing lawns, go fishing and relax each weekend?”
That’s culture for you.
They have a point too.
Why would anyone bother in Australia, let alone Adelaide.
There is no hustle in Adelaide and it’s so fucking easy to standout – all you have to do is show up.
Something that is bare minimum anywhere else makes you looks like a king (or Queen).
I have another friend move to San Fran to follow a dream.
Their whole salary went to pay for rent an apartment the size of my toilet.
They didn’t care – they had equity and starry eyes.
That’s culture for you.
A very different culture (I’m not saying replicate this, don’t get me wrong.)
If you want the bragging rights and the “power” and the Adelaide Club membership and all the other “cool” things, you also need to own the accompanying responsibilities.
You as the leader are responsible for culture.
Don’t hide from it.
If it were a CEO, they would be fired for a culture that does serve its interests.
Changing company culture is hard.
Changing a state’s culture is fucking hard.
Don’t throw money at the problem hoping it goes away.
Yes it gets headline but doesn’t move the needle.
Step up and be a leader.
Change culture.
I’m going to be critical of this government, like I was of the previous until someone takes responsibility for culture.
And also don’t say “why don’t you step up Orren and do something about it.”
First, it’s not my responsibility for culture of the state.
And I have – I’ve been advocating this for FREE for many years and over the past 5 years I have been observing government funding and the lack of public disclosure on outcomes achieved and public accountability for the expenditure.
The limited funds available for the start-up community should be used to make a tangible and verifiable difference to job creation and this appears not to be happening.
What I find concerning and consider needs further investigation is:
Here is what I have found.
Over the past 5 years, the Labor Government has committed funding of $92,240,000 for start-up ventures:
How many jobs have been created from this $92,000,000 investment?
If government is serious about creating jobs and developing entrepreneurial skills to support business development, it should be accountable for outcomes and publicly declare how many jobs have been created from the funding provided.
Good things are happening that don’t receive funding and the public doesn’t hear a lot about them.
For example, the New Venture Institute at Flinders University (https://www.nviflinders.com.au/about/ourimpact/impact-december/), publicly discloses its job creation efforts and outcomes and they haven’t received any Labor Government funding.
]]>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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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
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
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
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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The client organization was looking to find the next big thing for their customers.
Larger horizon in understanding the pain points and challenges in their customers’ lives and how they can offer different products and services.
Exploration of new offers in emerging categories and market that enable disruptive innovation and aim to position them for the next wave of growth.
Looked at what role they could play in helping their customers connect their devices to benefit their daily lives.
Specifically…
Smart devices allow us to do incredible things. With digital and cloud technology, the sky is the limit. How can we connect our device to the home to benefit our daily lives? What role could the Client Play?
The client has a team of Team of 4 who were tasked to explore that.
However, they “who are lagging a bit behind at the moment.”
They had their idea (found from researching frustrations and peeve points) and now need help testing and validating their idea, and fleshing out their business model canvas.
They had done a market scan and looked at problems and they had then gone on to do 2 Ideation Sessions and come up with 90 or so product ideas and then shortlisted them
They had engaged an external service provider, but that hadn’t got them where needed to be with their milestones – to Proof of Concept stage.
This was measured by the following outcomes:
The problem is the lack of results certainly wasn’t their fault because there is a specific way to go about new product creation.
I knew what that was because of my background:
This was recognised by the client who contacted me cold to task me come in and help them with their milestones.
No small task based on where they were at.
What I did was run the client team through an internal Hackathon style workshop – part lecture (live talking + video) and part activities (worksheets and implementation of worksheets).
I facilitated and took the lead in the direction of achieving the outcomes.
The activities I focused on to achieve the desired outcomes were:
Don’t be fooled.
Although I have a very specific sequence and niche of content, a lot of this isn’t new.
It’s available online.
That’s not the value: What a lot of people get hung up on is the content and consulting.
If it was, then this team would have achieved their milestones already and not needed my expertise.
The value is in the:
That this style of Hackathon achieves.
Speaking of results.
In the 11.5 hours I worked with the team, they finalized the following:
You can read more about this process here.
They then went on to create an amazing pitch for their board.
By the way, I’ve seen hundreds of pitches before, and this was certainly in the top 5%, and I’m not just saying that because of my bias in being involved in the project.
In addition to these results and based on their experience, this are some of what the client had to say.
“Orren has a wealth of knowledge and enthusiasm. I wasn’t hesitant about attending the workshop and ultimately I decided to attend to get help with the mission. One of the biggest benefits attending this workshop has been learning about innovative ideas. I think Orren should run the next ‘innovation champion’” Ryan Cowled
“Always enjoy learning new and or better ways to do things and embrace the experience. I instigated that as a group we really needed some additional help to accelerate the group and Ben and Ashleigh suggested to bring you in because you’re a gun! Definitely helped to bring the team together and gave us some key points to focus on. Anyone looking to put a framework behind a problem without any clear outcome in mind. In essence, bring together and ascertain whether an opportunity is viable in a short period of time. In essence, it’s a rapid feasibility to bring together a problem and ascertain if and what the problem really is, while also ascertaining whether the opportunity is viable and how big the opportunity is and all in a short period of time.” Ben Michael
“Thanks again for your time and expertise!”
“It was really nice working with you. Thanks again.”
The average Net Promoter Score that is the clients overall satisfaction with and loyalty to the service I provided was 9.33/10.
Let me repeat: 9.33/10.
I get results.
For them, this was well-and-truly, worth the price of engaging me.
If you would like me to get similar or better results for your corporate, contact me.
]]>“Any technology for use in space.”
The post Space Race period saw more international cooperation and non-government organizations enter the industry…
Australia’s ongoing social, environmental and economic well- being depends on the continued and cost effective access to satellite data. www.space.gov.au
“A new technology being developed for space.”
A Treaty is: “An agreement between States and Nations.”
Two types:
Treaties help:
Some areas regulated by Treaties:
Treaties are established (very simply) by:
Current International Regulatory Frameworks…
International
These originated from the Space Race during the Cold War.
Current Domestic Regulatory Frameworks…
Domestic
These reflect Australia’s international obligations under treaties and its national interests in space.
The Outer Space Treaty (1966)
The Rescue Agreement (1967) The Liability Convention (1971) The Registration Convention (1975)
The Moon Agreement (1979)
Space Activities Act 1998 (Cth) Space Activities Regulations 2001 (Cth)
International Regulators
Domestic Regulators
Entrepreneurs & Their Legal Entities
Citizens of the World
You have been tasked with creating new regulations around asteroid mining.
Represent each (of five) stakeholder group from before.
Additional Questions To Consider…
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“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.”
“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.
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:
In the 2014 Internet Trends Report, Meeker explained:
In the 2016 Internet Trends Report , Meeker explained:
In the 2017 Internet Trends Report, Meeker explained:
“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
Technology moves beyond the physical:
Drones.
Social media/real time sharing.
Big (meta) data.
Private company data retention.
Internet Of Things (IoT).
Medical.
Etc.
Privacy can be invaded, especially with technology.
Invasion is the unwelcomed intrusion by another.
Four types of invasion:
From: Privacy (1960) William L. Prosser, California Law Review Volume 48, Issue 3.
Importance Of Privacy…
From: The Right to Privacy (1890) Harvard Law Review.
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:
Photography
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…
A Treaty is: “An agreement between States and Nations.”
Two types:
Treaties help:
Some areas regulated by Treaties:
Treaties are established (very simply) by:
Universal Declaration of Human Rights…
What Are The Current International And Domestic Frameworks That Regulate Privacy, In Particular For Emerging Medical Technology?
Domestic Regulatory Frameworks…
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:
Regardless, the common law of defamation may help.
Defamation is when a reputation has been wrongfully attacked to a third party, either by:
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:
Provide the standards for:
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.
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:
Case Study – Medical Records
International Regulators
Domestic Regulators
Entrepreneurs, designers, manufacturers, developers & their legal entities
Domestic community
Nine Principles of Privacy:
From: Serious Invasions of Privacy in the Digital Era (2014) ALRC Report 123, pp.9-14.
Adequacy And Relevance…
What is GINA?
What GINA does?
More Questions…
What Remedies Are There For Breached Data?
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