William D. Duncan

Protecting the protectors: Legal liabilities from the use of Web 2.0 for Australian disaster response

The traditional model for information dissemination in disaster response is unidirectional from official channels to the public. However recent crises in the US, such as Hurricane Katrina and the Californian Bushfires show that civilians are now turning to Web 2.0 technologies as a means of sharing disaster related information. These technologies present enormous potential benefits to disaster response authorities that cannot be overlooked. In Australia, the Victorian Bushfires Royal Commission has recently recommended that Australian disaster response authorities utilize information technologies to improve the dissemination of disaster related, bushfire information. However, whilst the use of these technologies has many positive attributes, potential legal liabilities for disaster response authorities arise. This paper identifies some potential legal liabilities arising from the use of Web 2.0 technologies in disaster response situations thereby enhancing crisis related information sharing by highlighting legal concerns that need to be addressed.

Predictive technology and natural hazards: risk for Australian planning authorities?

Purpose - The object of this paper is to examine whether the improvements in technology that enhance community understanding of the frequency and severity of natural hazards also increased the risk of potential liability of planning authorities in negligence. In Australia, the National Strategy imposes a resilience based approach to disaster management and stresses that responsible land use planning can reduce or prevent the impact of natural hazards upon communities. Design/methodology/approach - This paper analyses how the principles of negligence allocate responsibility for loss suffered by a landowner in a hazard prone area between the landowner and local government. Findings - The analysis in this paper concludes that despite being able to establish a causal link between the loss suffered by a landowner and the approval of a local authority to build in a hazard prone area, it would be in the rarest of circumstances a negligence action may be proven. Research limitations/implications - The focus of this paper is on planning policies and land development, not on the negligent provision of advice or information by the local authority. Practical implications - This paper identifies the issues a landowner may face when seeking compensation from a local authority for loss suffered due to the occurrence of a natural hazard known or predicted to be possible in the area. Originality/value - The paper establishes that as risk managers, local authorities must place reliance upon scientific modelling and predictive technology when determining planning processes in order to fulfill their responsibilities under the National Strategy and to limit any possible liability in negligence.

An Achilles heel: denial of service attacks on Australian critical information infrastructures

Critical, or national, information infrastructure protection, referred to as either CIIP or NIIP, has been highlighted as a critical factor in overall national security by the United States, the United Kingdom, India and the European Community. As nations move inexorably towards so-called ‘digital economies’, critical infrastructure depends on information systems to process, transfer, store and exchange information through the Internet. Electronic attacks such as denial of service attacks on critical information infrastructures challenge the law and raise concerns. A myriad of issues potentially plague the protection of critical information infrastructures owing to the lack of legal regulation aimed at ensuring the protection of critical information infrastructures. This paper will highlight the legal concerns that relate to the denial of service attacks on critical information infrastructures and provide an introductory overview of the law as it relates to CIIP in Australia.

Access control in federated databases: how legal issues shape security

This paper will examine how legal considerations arising from the aggregation of data impact upon technical access control mechanisms. Research findings are based on a multi-disciplinary investigation of security issues regarding the aggregation of data in a governmental federated database system. The researchers conclude that the development of a federated architecture must consider technical security concerns within the context of legal risk management issues. As such, a holistic approach to the investigation of information security is required that incorporates the disciplines of information technology and law.