Related Keywords

No Related Keywords

Register NowHow It Works Need Essay Need Essay
There are many laws that have been imposed so that people don't misuse ICT. In this report I will explain some of these laws and talk about some good and bad points about each act and I will also describe each act that I have listed to the related reports which I have done earlier. I will try to show why these laws were introduced and what they do now to keep people from abusing these new technologies. Here is the list of legislations: "¢ Computer misuse act 1990 "¢ Health and safety regulations 1992 "¢ Regulation and investigatory powers act 2000 "¢ Data protection act 1998 Legislation for the personal report In this section I am going to demonstrate my knowledge of the legislation by describing it and explaining how it protects me. I will also explain what it does and does not do for me. The first report that I did earlier was based on my personal use of ICT. I explained about variety software. Those were included anything from homework to fun and games like: "¢ Email "¢ MSN "¢ Internet "¢ Microsoft word/excel/Access As I do my course works and also my homework on the computer I need to make sure they are safe enough because if anything goes wrong on my computer then it will lead to the loss of the data on the computer. The other reason for my needs on this legislation is that I personally feel unsafe about the things that I save on my computer as I think they may be accessed by unauthorised person and being hacked. So, as the hacking and stealing data was increasing there needed to be a legislation to prevent this happening, legislation were also created for the misuse of data and viruses as well. I think the most suitable legislation which most relates to an individual user could be computer misuse Act 1990. This act covers the misuse of the technology available to people. It includes things such as: "¢ Planting viruses on people's software to damage their computer and the files and documents it includes "¢ Software copying , where things such as games , DVDs and programs are illegally copied "¢ Using computer time to carry out unauthorised work "¢ Hacking into someone else's computer to see the files and documents it contains or to use their information However if someone did do one of the above by accident they wouldn't be charged. The person has to prove the above acts were taking place to commit an illegal act. Good points "¢ Hackers would be punished by being caught and will be stopped to try to hack again "¢ Viruses can be traced back to the person whose computer has been affected to discipline them in a suitable manner, causing them to give up on creating viruses Bad point "¢ The legislation cannot stop people trying all of the above , all it can do is persecute the person who does it In my own opinion I think this legislation could be improved by making the sentence for the persecutor longer or be totally banded from touching computers. The reason for this is because I personally use internet in every single thing that I do on my computer whether it is for fun or for my school work , therefore I wouldn't personally think I have enough information about the files which may contain viruses. In that point this legislation is provided to stop hackers, viruses and other things that may damage data that I am working on. This legislation meets my need in a lot of ways for instance unauthorised personnel are not allowed to access the files on my computer and also to not modify computer material. Sometimes the possibility of the files on my computer being hacked is quite high, because as I go on different websites I might not be aware of the things that might be attached to them therefore this legislation again protects data that has been saved on my computer. The main criminal offences with this act which affects not only me but the people as well are: hacking, the sending of viruses, and controlling the computer material, etc. Overall, I think this act protects me well because it puts off people from hacking and creating viruses due to the risk involved and again the really good point about this act is that hackers would be perturbed by being caught and will be stopped to try to hack again, however the legislation can not stop people from doing them, all it can do is persecute the person who does it. Improvement I think this legislation can be improved by making the sentence for the persecutor, or be totally banded from touching computers. Legislation for Person with special/particular needs report In my report which was based on Craig Headley, who is a pupil in my school, I talked about his needs and also how far each technology met his needs. People like Craig with special needs use a variety of specially adapted software including: "¢ Special keyboards "¢ switches or touch-screens designed for use by people with a wide range of limited mobility and physical difficulties "¢ Dictaphone, etc. As I talked about the safety and security reasons for Craig therefore as we'll as having things like mobile phone which gave Craig an extra security , but he also needed some protection acts to protect him against problems as he uses computer quite a lot to do his school work.I think the main legislation could be health and safety act. The employer is required by this act to: "¢ Look carefully at the work place where the employer works to see if there are any health and safety risks and correct them if there is. "¢ Plan work so that there are changes in activity or breaks. "¢ Arrange eye tests and provide glasses if they are needed. "¢ Provide employees with health and safety training However, under this act there should be regular inspection of the work place and equipment being used in the workplace. All employees should be trained in all aspects of health and safety. Work should be designed so that there are breaks between tasks or during tasks. Computer users should be provided with regular free eye tests and free glasses if needed. Good points "¢ If the employer has met all the health and safety requirements then he is less likely to be sued "¢ the employee is less likely to gain an injury that could affect their career in case they were to be sacked Bad points "¢ the employer has to spend money to meet the health and safety act requirements "¢ the employer can be sued if an employee has been injured on a problem that the employer could have fixed , but didn't in time for the injury The reason for my choice is that for someone like Craig who is unable to do his work on his own, it is vital that he feels safe about the environment that he works in. Craig's needs are mainly important in the school, because he does a lot of work on the computer as I explained in my report that he has mobility disability, therefore for the safety reasons this legislation meets his needs in an enormous way. As Craig attends school, therefore there is a variety of software which he can use confidently. Technology has so much to offer Craig due to the legislation is able to cope with varieties of special needs like: "¢ partially sighted "¢ Dyslexia "¢ Limited mobility "¢ Deaf people In Craig's case the school is responsible for the welfare of disable people to ensure that they are safe and are kept in good health. This legislation has got some other advantages. For instance as Craig has mobility problems therefore he will not be able to protect himself as much as a person who hasn't got that kind of problem, at this point I think this legislation is vital for Craig to protect him against other problems which he might face in the future, for instance in a work place. I think if this legislation was not introduced most companies would not pay out for the needs that the disable people need, and if Craig wanted to apply for any job therefore he would miss out on job opportunities. Over all people with special needs will thank this legislation as it provides them with the opportunity that they deserve. Improvement I think the punishments of the legislation are too high and should be lowered. I also think the employee should have to pay a percentage of the cost of their health and safety equipment. Legislation for local communities report In my local community there is a lot of software which are used by different places such as libraries, etc. In general all organisations use the same kind of software but related to their needs. The needs on legislation for my local community are quite important. For example in the libraries the security isn't that good as they can not put people on duty to control every single computer to find out what people are doing on the computer, and apart from that people wouldn't feel confident and may think their rights has been affected Therefore there needed to be a law which could protect the community against a lot of problems as the software's could face illegal operations. The pieces of software which is used in my local community are: "¢ Internet "¢ Printer "¢ Microsofts "¢ E-mail The legislation that I think applies to this is the regulation of investigatory powers Act 2000 that imposes a responsibility in a lot of areas. This legislation is an act that gives the government the power to see that what you are using the technology for. The main points are: "¢ The government can control your communicationsEmails, telephone calls, text messages, voice mail, etc "¢ They can target anyone in the hope of catching someone doing something illegal "¢ They can monitor person's use of the internet for any purpose "¢ They can demand that if you use encryption, you hand over the key so that they can see what you are doing. They don't have to make you aware that they are doing this. "¢ They can even pinpoint exactly where you are when you send a SMS or make a call on your mobile. The main job of this act on the local community is to give the government the right to spy on electronic communications and data. However, this legislation has also got some advantages and disadvantages like the other acts that talked about before. The main good point about this legislation is that if there is suspicion of illegal operations for instance in the Byker library then the government is allowed to spy on them so they can stop it straight away. The disadvantages could be that the government could be wasting their time looking at an organisation that hasn't done anything wrong, and most importantly this can effect personal privacy on the computer and actually breaking other legislation regulations. Improvement I think this legislation should only be able to spy on communications and data with more than just suspicion to make sure the organisations and the other places which work under some laws won't be affected in some ways. Legislation for an adult employment report The second report that I did was about Mr.Fardoust who worked for the O2 mobile company, he mostly uses things that is specified for his job, including: "¢ Internet "¢ E-mail "¢ PDA "¢ Laptop Mr.Fardoust needs greater cover as he normally sits at the computer most of the time. His needs are mostly related to his job and he needs to make sure that the data and the programmes that he stores on the computer are safe, as they are not only personal files, but also the customers and other people's private information. The legislation that applies to this is the data protection act that was created to stop other people using data that you have produced. The main purpose of this act is to prevent misuse of personal data. All organisations that hold personal data like the company which Mr. Fardoust works in, have to register its use. They also have to state what the information they have is and what they will use it for. If the information is wrong because of the lack of care when it was written, and has in some way damaged that person's rights, the person can complain about the company under this act. This legislation helps Mr.Fardoust in a lot of ways. For instance by referring to my report that I did earlier when Mr.fardoust uses the computer for his personal use and gives his credit card number to different websites for online shopping therefore he is well protected from hackers and they cannot extort any money than the initial fee that is to be paid by him. The company that Mr.Fardoust works in produces a lot of data's every single day about the customer's information and some other things about the company itself, therefore the legislation law protects the data's that Mr.Fardoust has produced which is very good for the company as they sometimes give their credit card out. However if Mr.Fardoust doesn't take care of the data access codes then the likes of unauthorized person or hackers that might the information is quite high or they can even extort money from credit card details without anyone knowing who it was. Good points "¢ If the file or a program is being copied the legislation can shut the illegal operation down "¢ If the act was not in place the cots of legal software would go up, as more money is need to stop people producing illegal software copyright Bad points "¢ The shutting down of illegal operations takes courts cases to settle the disagreements "¢ The legislation seems that they can not trace every one who copies things, as the number of people is increasing every day Improvement I think this legislation could be improved if as soon as the illegal operations have been found they should be shut down immediately and they should also consider what type of protection is needed for the type of data. So ,if the data is little important then it should only have little protection but for private details for instance in the company that Mr. Fardoust works in, as they have customers information on the computers then there should be a greater protection placed.
0 User(s) Rated!
Words: 2454 Views: 419 Comments: 0
There are many laws that have been imposed so that people don't misuse ICT. In this report I will explain some of these laws and talk about some good and bad points about each act and I will also describe each act that I have listed to the related reports which I have done earlier. I will try to show why these laws were introduced and what they do now to keep people from abusing these new technologies. Here is the list of legislations: • Computer misuse act 1990 • Health and safety regulations 1992 • Regulation and investigatory...
trace every one who copies things, as the number of people is increasing every day Improvement I think this legislation could be improved if as soon as the illegal operations have been found they should be shut down immediately and they should also consider what type of protection is needed for the type of data. So ,if the data is little important then it should only have little protection but for private details for instance in the company that Mr. Fardoust works in, as they have customers information on the computers then there should be a greater protection placed.
Become A Member Become a member to continue reading this essay orLoginLogin
View Comments Add Comment

The legal system aims to achieve...The legal system aims to achieve just outcomes, however the perception of justice varies between individuals, the legal system and society in general. A 'just outcome' cannot be simply defined, so a working definition is developed instead. A just outcome is said to be "a result of any process or procedure on individuals and society within the operation of the legal system that is seen as fair or proper by the majority of society". Justice can be procedural and substantive. Procedural justice is attained where the process for reaching a decision is fair and just. Substantive justice is where the final outcome is fair and just. A 'just outcome' is measured by four principles: fairness, equality, mechanisms and values. Fairness is achieved by the unbiased treatment of the accused and an independent judiciary. Equality is achieved by the accused being treated impartially and the law being applied to all people in the same way. Mechanisms are the facilities provided by the legal system to produce a just outcome. Values are ideals and opinions of society in general, formed from moral, social, economic or political beliefs. Conversely, the principles of just outcomes can be restricted by negative operational factors: structural, access and cultural/socio-economic. Structural factors like criminal trial procedure, rules of evidence and the role of the jury negatively affect the attainment of just outcomes. Cultural factors like media bias further hinder the attainment of just outcomes. The two outcomes being examined are the Chamberlain Trial 1982 and the Walsh Street Trial 1991. The Chamberlain trial involved the disappearance of nine-week-old Azaria Chantel Chamberlain from Ayers Rock Camping Ground on 17 August 1980. Alice Lynne Chamberlain claimed her daughter was taken from the family tent by a dingo. Police maintained that Lindy had killed Azaria in the family car and when new evidence was uncovered a second coroner's inquest was held. Subsequently, Lindy was placed on trial for murder in the NT Supreme Court. The jury unanimously found Lindy guilty of murder and sentenced her to life imprisonment with hard labour. Her husband, Michael Chamberlain, was found guilty of being an accessory after the fact and given an 18-month suspended sentence. The Walsh Street Trial involved the murder of two police constables in South Yarra on 12 October 1988. The police alleged that Trevor Pettingill, Victor Pierce, Anthony Farrell and Peter McEnvoy plotted to kill two officers after their associate, Graeme Jensen was shot by police only 13 hours earlier , in accordance with a 'two-for-one' pact. The co-accused were placed on trial for murder in the Victorian Supreme Court and all made unsworn statements regarding their whereabouts when the murders occurred. The co-accused were all acquitted on 26 March 1991. The outcome of the Chamberlain trial was procedurally just due to the principles of equality, fairness, mechanisms and values being present throughout the trial. However, it is argued that the outcome was substantively unjust, because the principle of fairness was restricted by the structural factor of rules of evidence and procedure. The structural factor of the role of the jury also restricted the principles of fairness and equality. The principle of equality was present through the Chamberlains utilising professional legal representation, being tried by their peers jury and their right to appeal after conviction. Fairness was ensured by the Chamberlains using the right to appeal the decision and having access to appropriate legal mechanisms. The social value that those accused of an indictable offence should be tried fairly was present. The presence of the four principles ensured a procedurally just hearing. However, it is argued that extraordinary media coverage and publicity surrounding the trial made it impossible to find a totally impartial jury. The jury's ability to reach a just decision was hindered by widespread rumours stemming from the Chamberlains' religion, cool dispositions and their presentation in the media in addition to the media's biased dramatisation of events. The media attention meant that the Chamberlains were not treated equally, as in most cases the jury don't have preconceptions of the accused's guilt. This also jeopardised the fairness of the trial; it is unfair to convict on opinions formed from biased sources. Moreover, the mere possibility that Lindy's version of events was accurate meant that the jury could not be convinced of her guilt, beyond reasonable doubt. Furthermore, it is argued the outcome of the Chamberlain Trial was substantively unjust due to the Crown's expert forensic evidence hindering fairness. It was found that Crown forensic tests were performed by scientists not necessarily experts in very specific fields of study . Professor Boettcher and world-renowned immunologist Professor Sir Gustav Nossal challenged Crown witness Joy Kuhl's expert testimony of an arterial spray of foetal haemoglobin in the Chamberlain's car; the spray was later found to be sound deadener from the manufacturing process. These incorrect findings meant the jury was not presented with correct information necessary to reach a fair and just decision. The Walsh Street trial was procedurally just due to the principles of equality, fairness, mechanisms and values being present throughout the trial. However, the outcome was substantively unjust because the principle of fairness was restricted by the structural factor of criminal trial procedure rules of evidence and procedure. The principle of equality was present during the trial through the co-accused's right to legal representation and their choice regarding testimony ; as everyone accused of murder. The principle of fairness was present through the prosecution having the burden of proof, and the criminal standard of proof. The co-accused had access to appropriate mechanisms - their trial was heard in the Supreme Court with standard pre-trial and trial procedures. The value that those accused of crimes must be proven guilty 'beyond reasonable doubt' to be convicted was present, because despite strong public outcry and the general assumption of the co-accused's guilt , the jury still returned a not-guilty verdict as the Crown did not prove their case beyond reasonable doubt. However, it is argued that the outcome was substantively unjust because the role of unsworn statements hindered the principle of fairness. The co-accused's choice to make unsworn statements exempted them from prosecution cross-examination. This allowed them to make allegedly untrue statements that couldn't be tested by the Crown "“ so the jury could have been presented with lies that could be accepted as the truth, without any opportunity for the prosecution to question the credibility or truthfulness of the evidence. In overview, both the Chamberlain and Walsh Street trials were justly processed within the legal system, but the verdicts were substantively unjust. The Chamberlain trial impacted positively and negatively on society and the legal system. The widespread campaign to review the decision of the Chamberlain case increased general public awareness of the legal system but the negative representation of the Chamberlains in the media confirmed the negative community view of the accused. The outcome impacted positively on the legal system as it demonstrated the fair and appropriate use of criminal justice mechanisms NT police force , Coroner's court , NT Supreme Court and a Royal Commission of Inquiry . Furthermore, the public disquiet over the verdict prompted further legal action , reinforcing the public's important role in the legal system. Conversely, the verdict impacted negatively on the legal system because, arguably, the innocent parties were convicted and imprisoned. This, in the eyes of many, lowered the legal system's reputation but the Chamberlain's eventual acquittal reinforced the legal system's capacity to ultimately reach just outcomes. The outcome of the Walsh Street trial impacted positively on society by confirming the criminal justice system's capacity to protect the rights of the accused against public hysteria and media bias. The memorial created in honour of the dead officers for policing and educational purposes was also beneficial to the wider community. However, the outcome also impacted negatively on society. The fact that the co-accused were acquitted after making allegedly untrue statements regarding their whereabouts at the time of the killing reduced public confidence in the legal system's ability to convict criminals. The families of the murdered constables also had to live with the tragedy without recompense. The outcome also impacted positively on the legal system by prompting the subsequent review of the rules of evidence, specifically the role of unsworn statements by the Victorian Law Reform Commission. The outcome also increased the strictness of police operational conduct. The outcome impacted negatively on the legal system by creating a sense of disillusionment with the legal system, within the police force. Furthermore, the outcome appeared to many people as an acquittal of guilty parties. A number of reforms were suggested as a result of the Chamberlain and Walsh Street trials. From the Chamberlain trial and Justice Morling's findings, it was clear that the role of expert forensic evidence needed to be reviewed. Justice Morling discounted much of Joy Kuhl's expert evidence that blood was found in numerous places in the car, scissors, towel, chamois and camera bag. "Only a tiny quantity of blood, if any at all, was found in the car" . Justice Morling called for a national institute of forensic science where independent expert scientists could perform unbiased tests to avoid such horrendous errors again, and overcome the structural factor of biased evidence. The use of independent experts would also overcome the structural factor of incorrect evidence. They would not reach conclusions to satisfy one party's case, as was alleged in the Chamberlain trial. However, such a laboratory would be restricted by the access factor of costs and increase the structural factor of delays. Furthermore, it could be overwhelmed by the number of cases, so that each case would not necessarily be investigated thoroughly enough to find the truth. The Walsh Street Trial emphasised the need for the reform of rules of evidence, specifically unsworn statements. After the acquittal of the co-accused on the strength of their unsworn statements , it was apparent that the rules of evidence allowed the accused to make untrue statements that could not be challenged by the Crown. In response to the widespread call for reform in this area, the government referred the matter to the Victorian Law Reform Commission, which resulted in the Evidence Unsworn Evidence Act Vic. 1992, removing the accused's right to make an unsworn statement. This reform overcame the structural factor of inappropriate mechanisms for dispute resolution, but also had negative repercussions; the cultural factor of self-presentation restricted the principles of fairness and equality. People who were nervous or seemed unconvincing in the witness box under cross-examination could be seen to be hiding the truth. Previously, such people had the ability to make an unsworn statement to avoid the stress of rigorous prosecution cross-examination. Overall, the legal system is generally able to achieve just outcomes by ensuring the four factors are present, but in some cases the adverse factors negatively effect the legal system's ability to do so. The Chamberlain, Walsh Street and other trials show the fallibility of the legal system under certain circumstances. However, the public disquiet over injustices and continuing legislative reform seek to stop further injustices from occurring in the future. Arguably, without the assistance of those convinced of Lindy's innocence, the Chamberlains' convictions would still stand. In the Walsh Street trial, both elements of public concern and legislative review played an important part in seeking just outcomes in the future. Other cases like Condren, Birmingham Six , Guildford Four and Splatt also demonstrate that the legal system has flaws. In R v Condren, Mr Condren was forced to write a confession that was later disregarded after the real murderer confessed, hindering justice. However, the mechanisms of the legal system ultimately work to achieve just outcomes. The Chamberlain case utilised the resources of many of the legal mechanisms available "“ the police force, court hierarchy, parliament and a Royal Commission. These mechanisms ensured that, eventually, a just outcome was reached and Lindy was released and compensated. This demonstrates the legal system's ability to rectify initial errors of judgement which can occur.   

The legal system aims to achieve just outcomes, however the perception of justice varies between individuals, the legal system and society in general. A 'just outcome' cannot be simply defined, so a working definition is developed instead. A just outcome is said to be "a result of any process or...

Words: 2008 View(s): 830 Comment(s): 0