Unauthorised access to wireless local area networks: The limitations of the present Australian laws

Wireless local area networks (WLANs) have enjoyed a rapid increase in usage in recent years. WLANs serve to connect users to the Internet by means of radio or infrared frequencies. The rise in WLAN usage has however served to highlight some of the inadequacies of the present laws governing unauthorised access to WLANs. At present, the legislation serves to make unauthorised access, modification or impairment of electronic communications illegal. It is clear that the provisions prohibit the hacking of computer systems and denial of service attacks. However, it is unclear whether the legislation extends to additional forms of unauthorised access such as wardriving (using software to identify and map freely available WLAN) and joyriding (accessing a network with no further damage to the connection). The liability of Internet Service Providers and those engaged in unauthorised access in public places also remains unclear. Finally, the relationship of the offence of unauthorised access to the tort of trespass and the laws of copyright remain untested. The objective of this paper is to consider the measures necessary to increase the effectiveness of WLAN laws. The paper will begin by considering the nature of WLAN technology and the policy discourse to date. This will be followed by an examination of the present Australian law and an identification of areas of uncertainty. Finally, the paper will consider the measures required to enhance the certainty and effectiveness of the laws governing unauthorised access to WLAN.     

Oil, Arms, and Influence: The Indirect Strategy Behind Chinese Military Modernization

According to a recent RAND report, the United States will not be able to defend Taiwan from Chinese military aggression by 2020. However, this study, like many others, raises more questions than it answers about the People's Republic of China's (PRC's) current defense posture.¹ Is there a Chinese plan to claim Taiwan by force after 2020? In contrast to the conclusions of the RAND report, this article argues that China's strategic approach is not designed primarily for fighting a war over Taiwan, or over any other matter of critical interest to China, but to create a disposition of forces so favorable to Beijing that China will not need to fight a war. Rather than thinking of China's strategy as a blueprint for using military power to secure territory or vital resources, such as oil, it may be more appropriate to consider the possibility that Beijing's actions are directed at obviating the need to fight. Beijing may calculate that it can render its interests unassailable by constructing a network of friendly or dependent states by means of arms transfers and the like. The basis of such a strategy is the assumption that China's prospective enemies, finding themselves encircled or obstructed by powers aligned with Beijing, will be unable to envision a military campaign to deny China oil at an acceptable level of costs. They will, therefore, be deterred from threatening China, e.g. by interrupting its oil supplies. It is a mark of the efficacy of this broader deterrence strategy that American security analysts are already ruling out a successful defense of Taiwan in 2020. Similarly, the early stages of an effort to insulate China from an energy-related challenge are already visible.     

Can Outsiders Bring Democracy to Post-Conflict States?

Most interventions by outside forces to promote democracy in post-conflict states since WWII have failed. The most successful were in societies, such as Germany and Japan, featuring relatively high per capita GNP and diversified middle class economies. Among societies in general, prospects for democracy tend to diminish as per capita GNP decreases. The effects of conflict make democracy promotion considerably more difficult, particularly when poorer societies are plagued by weak institutions, corruption, religious extremism and ethnic, religious or factional animosities. Even if outsiders are able to control violence and actively promote democracy, success will depend on the underlying political culture and willingness of key political actors to play by democratic rules once the outsiders have gone. Hence, outsiders need to develop the best possible understanding of their prospects for success before committing to intervention, particularly when the resource demands are likely to be high.     

The anonymous police blogger,the newspaper and the unmasking of Night Jack

The English High Court recently refused to grant an injunction to restrain The Times newspaper from publishing the identity of an anonymous political blogger (The author of a blog v Times Newspapers Limited [2009] EWHC 1358 (QB)). The facts of the case were unusual: there was no clearly unlawful behaviour by the blogger, who was also a police officer highly critical of political figures and policies. There was also no relationship between the blogger and the journalist who deduced the blogger's identity; the court therefore focussed on the tort of misuse of private information and countervailing public interests, such as freedom of expression. This article describes the approach of the court and considers the earlier case of Mahmood v Galloway ([2006] EWHC 1286 (QB)) concerning an undercover journalist's attempt to prevent publication of photographs showing what he looked like. It also discusses whether data protection law could have a role to play in future cases concerning attempts to preserve an online author's anonymity. The conclusion of the article is that this case does not spell the end of all anonymous blogging.     

Knowing When to Salute

Due to a strong “Can Do” spirit and a well-engrained, albeit simplistic, notion of civilian control over the military, senior military leaders are disinclined to publicly share their disagreement with emerging national security policy. Many senior officers mistakenly believe that there are no alternatives other than just silently executing, resigning, or retiring when confronted with bad policy formulation. There are, however, options available to senior uniformed leaders when confronted with policy formulation that they, in their professional opinion, believe is flawed. Depending on the degree to which the civilian authorities are receptive to military advice and the magnitude of the threat to national security involved in the policy, senior military leaders can choose among many alternatives to widen the policy debate.     

AFRICOM's Relationship to Oil, Terrorism and China

Why a combatant command for Africa? I argue that AFRICOM was formed to implement the U.S. national security strategy that seeks to strengthen states and eliminate ungoverned space, as well as establish relationships with African states that offer a means to greater state stability and foster economic development. In so doing, it counters global jihadist by denying them haven among weak governments or in ungoverned areas. It protects U.S. interests in resources by helping governments become more stable. And it competes with the Chinese approach that could worsen the status quo of ineffective states and ungoverned space. Indeed, the U.S. approach of increasing state effectiveness makes African countries less susceptible to the problems that may arise from the Chinese approach and so serves China's interests in access to natural resources.     

Legal developments and industry issues relevant to IT,media and telecommunications law in key jurisdictions across the Asia Pacific

This column provides a country by country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.     

Towards a new generation of CCTV networks: Erosion of data protection safeguards?

CCTV networks are progressively being replaced by more flexible and adaptable video surveillance systems based on internet protocol (IP) technologies. The use of wireless IP systems allows for the emergence of flexible networks and for their customization, while at the same time video analytics is easing the retrieval of the most relevant information. These technological advances, however, bring with them threats of a new kind for fundamental freedoms that cannot always be properly assessed by current legal safeguards. This paper analyses the ability of current data protection laws in providing an adequate answer to these new risks.     

War and the East

This article proposes three lesson plans for teaching Asian military history to High School students. Each case study—Sun Tzu's Art of War, the Mongols, and the Rise and Fall of Imperial Japan—is structured around a primary source in translation and is designed to highlight the depth and diversity of the Asian experience with war. They allow us to see the East as more than a venue for the West's wars and also to appreciate the array of indigenous military and strategic cultures that have arisen and competed in Asia over the last three millennia.