mark nottingham

Law

What I Learned in Law School

Thursday, 5 January 2023

In the last decade or so, it’s become increasingly apparent that the Internet is going to be subject to more legal regulation. Because it’s a global network, this is tricky; fragmentation risk grows if regulation isn’t consistent between jurisdictions. And of course, there are all the other pitfalls of regulation — it’s difficult to agree on societal goals, much less change working systems to meet those goals without ill effect.

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How the Next Layer of the Internet is Going to be Standardised

Monday, 21 June 2021

A big change in how the Internet is defined - and who defines it - is underway.

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What limits legal access to cloud data in Australia?

Monday, 29 June 2020

The Telecommunications and Other Legislation Amendment (Assistance and Access) Act 20181 has proven controversial both before and after passage,2 with considerable debate about its industry assistance framework and its potential for systemically weakening encryption on the Internet - a framing emphasised by the explanatory memorandum which introduced the legislation as ‘measures to better deal with the challenges posed by ubiquitous encryption.’3 Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth). ↩ See, eg, Stilgherrian, ‘What’s actually in Australia’s encryption laws? Everything you need to know’ ZDNet (online, 10 December 2018) https://www.zdnet.com/article/whats-actually-in-australias-encryption-laws-everything-you-need-to-know/. ↩ Explanatory Memorandum, Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth), 2 [1]. ↩

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