New directions in information technology law: learning from human–computer interaction

ABSTRACT

Effectively regulating the domestic Internet of Things (IoT) requires a turn to technology design. However, the role of designers as regulators still needs to be situated. By drawing on a specific domain of technology design, human–computer interaction (HCI), we unpack what an HCI-led approach can offer IT law. By reframing the three prominent design concepts of provenance, affordances and trajectories, we offer new perspectives on the regulatory challenges of the domestic IoT. Our HCI concepts orientate us towards the social context of technology. We argue that novel regulatory strategies can emerge through a better understanding of the relationships and interactions between designers, end users and technology. Accordingly, closer future alignment of IT law and HCI approaches is necessary for effective regulation of emerging technologies.     

The Prime Minister and the Bomb: John Gorton,W.C. Wentworth and the Quest for an Atomic Australia

The efforts of the Liberal government led by John Gorton to acquire a locally built nuclear deterrent stretch back into the 1950s when Robert Menzies preferred to rely on the American or British nuclear umbrella for protection. Gorton took a different view and the advocates of an independent Australian nuclear capability rejoiced upon his elevation to the Liberal leadership. We argue that Gorton's ambitions advanced as far as they did in the latter 1960s due to the support, or urgings, from an informal coalition of scientists (particularly Philip Baxter) and discontented fringes of the parliamentary Liberal Party. In particular, the maverick backbencher, W.C. Wentworth, played a key role in mobilising support for Gorton's controversial quest to acquire an independent nuclear capacity.     

Disclosure in the EEA securities markets--making sense of the puzzle

The first 150 words of the full text of this article appear below. Key points

• This article looks at the various elements of thedisclosure regimes for issuers that are admitted to EEA-regulatedmarkets, including the initial requirement for the productionof a prospectus on admission and on-going requirements to discloseprice sensitive information as it arises and to make regularreports to the market.
• After a brief analysis of some of thesimilarities and differences between the various regimes, thearticle makes an attempt to reconcile the differences by lookingat each regime in the context of the others and viewing themas a continuum.
• Finally, remaining problems concerning multi-jurisdictionliability for disclosure in the EEA and potential liabilityfor forward-looking disclosure are discussed.

 

Only connect--the importance of considering disclosure requirements in the light of their legal consequences

The first 150 words of the full text of this article appear below. Key points

• This article explains why the recent TransparencyDirective led to an unintended change in law in the United Kingdomrelating to liability for annual and other reports by listedcompanies. The change was the result of a misunderstanding ofthe fact that the expressed or implied purpose of disclosurecan act as a trigger for liability in negligence. The articleargues that new disclosure requirements should always be reviewedin the light of the liability that will be imposed on thoseresponsible for the disclosure, so that costs and benefits canbe correctly balanced and prompt, reliable and relevant disclosurewill be encouraged.
• The new liability regime for reports inthe United Kingdom is considered and it is argued that the regimeshould logically be extended beyond company reports to the fullrange of disclosures required of companies that are admittedto regulated markets.
• The article concludes by . . . [Full Text of this Article]

 

Setting the legal standard of care for treatment and evidence-based medicine: a case study of antenatal corticosteroids

This article argues that liability for negligent medical treatment should be predicated upon a standard of care reflecting what is medically and scientifically reasonable. Legal science (jurisprudence) and medical science (evidence-based medicine) should be reconciled to improve patient care and outcomes. The use of antenatal corticosteroids in obstetrics during the 1990s illustrates how most jurisprudence for setting the standard of care for treatment is ill equipped to meet the fundamental aims of tort law. The proliferation of evidence-based medical practice provides a unique opportunity for the law to encourage best medical practice when setting the standard of care for treatment. It is argued that, eventually, the law should recognise clinical practice guidelines as the prima facie standard of care for treatment. This will provide legal certainty, appropriate medical practitioner accountability, and ultimately improve patient care and outcomes.     

The Second AIF and the End of Empires: Soldiers' Attitudes Toward a “Free Asia”

Largely neglected within studies of Australian attitudes — and changing Australian attitudes — toward Asia throughout the twentieth century are the diverse views expressed by the single major group of Australians to encounter the region, namely the servicemen and women of the Australian Imperial Force (AIF) who served the nation during the Pacific War 1941–1945. Within forums offered by soldier publications such as Salt, Australian troops were engaged in discussions about why the war had been fought (often with reference to the merits and ideals outlined within the Atlantic Charter, Declaration by United Nations and United Nations Charter). Central to such discussions were attitudes toward race, colonialism and Australia's role and future role in regional and world affairs. Importantly, well‐informed understandings of Asian affairs were crucial to discussions.     

Editors' Note

Capital market or capital markets? We say the latter in thetitle of this Journal. The articles in this issue, however,deal with attempts to harmonise, codify and direct a more commonapproach, albeit regional in some cases, for capital marketactivities, which we know are sometimes slow to respect eithernational jurisdictional     

The pan-European retail market are we there yet?

The first 150 words of the full text of this article appear below. Key points

• When the EU Prospectus Directive was introduced inlate 2003, there was great optimism that it would finally leadto the long awaited pan-EEA retail capital market.
• This articleasks whether the Directive has achieved this result and looks,in particular, at the disclosure regime relating to the admissionof debt securities to EEA-regulated markets and the public offeringof such securities in the EEA.
• A number of impediments to thecross-border retail market, that are completely separate fromdisclosure, are examined.
• In conclusion, the article discusseswhether, in fact, expectations for the Prospectus Directivein this area were set too high and could never be met and looksat what more needs to be done in order to achieve the goal ofa single retail debt market in the EEA.