Online data processing consent under EU law: a theoretical framework and empirical evidence from the UK

This article analyses the results of an empirical study on the 200 most popular UK-based websites in various sectors of e-commerce services. The study provides empirical evidence on unlawful processing of personal data. It comprises a survey on the methods used to seek and obtain consent to process personal data for direct marketing and advertisement, and a test on the frequency of unsolicited commercial emails (UCE) received by customers as a consequence of their registration and submission of personal information to a website. Part One of the article presents a conceptual and normative account of data protection, with a discussion of the ethical values on which EU data protection law is grounded and an outline of the elements that must be in place to seek and obtain valid consent to process personal data. Part Two discusses the outcomes of the empirical study, which unveils a significant departure between EU legal theory and practice in data protection. Although a wide majority of the websites in the sample (69%) has in place a system to ask separate consent for engaging in marketing activities, it is only 16.2% of them that obtain a consent which is valid under the standards set by EU law. The test with UCE shows that only one out of three websites (30.5%) respects the will of the data subject not to receive commercial communications. It also shows that, when submitting personal data in online transactions, there is a high probability (50%) of incurring in a website that will ignore the refusal of consent and will send UCE. The article concludes that there is severe lack of compliance of UK online service providers with essential requirements of data protection law. In this respect, it suggests that there is inappropriate standard of implementation, information and supervision by the UK authorities, especially in light of the clarifications provided at EU level.

Reconstructing copyright exhaustion in the online world

According to the principle of copyright exhaustion, once a copy of a work is placed on the market, the right holder’s control over further distribution of that copy is exhausted. Unlike the distribution of hard copies of copyright works, however, the electronic dissemination of content is not subject to the exhaustion principle. This means that second-hand markets of digital goods cannot exist. Traditionally, exhaustion is premised on four assumptions that cannot be safely assumed in the online context: it applies to tangible copies only; it covers goods and not services; the goods should be sold but not licensed; and the property entitlement should be alienated upon transfer. After long jurisprudential silence, courts at worldwide level have revisited these normative impediments to affirm that exhaustion can apply online in specific instances. The article discusses the doctrinal norms that underpin exhaustion and determines the conditions under which online copyright exhaustion can apply.

Massive Open Online Courses and sustainability

Massive Open Online Courses (MOOCs) have become very popular among learners millions of users from around the world registered with leading platforms. There are hundreds of universities (and other organizations) offering MOOCs. However, sustainability of MOOCs is a pressing concern as MOOCs incur up front creation costs, maintenance costs to keep content relevant and on-going support costs to provide facilitation while a course is being run. At present, charging a fee for certification (for example Coursera Signature Track and FutureLearn Statement of Completion) seems a popular business model. In this paper, the authors discuss other possible business models and their pros and cons. Some business models discussed here are: Freemium model – providing content freely but charging for premium services such as course support, tutoring and proctored exams. Sponsorships – courses can be created in collaboration with industry where industry sponsorships are used to cover the costs of course production and offering. For example Teaching Computing course was offered by the University of East Anglia on the FutureLearn platform with the sponsorship from British Telecom while the UK Government sponsored the course Introduction to Cyber Security offered by the Open University on FutureLearn. Initiatives and Grants – The government, EU commission or corporations could commission the creation of courses through grants and initiatives according to the skills gap identified for the economy. For example, the UK Government’s National Cyber Security Programme has supported a course on Cyber Security. Similar initiatives could also provide funding to support relevant course development and offering. Donations – Free software, Wikipedia and early OER initiatives such as the MIT OpenCourseware accept donations from the public and this could well be used as a business model where learners could contribute (if they wish) to the maintenance and facilitation of a course. Merchandise – selling merchandise could also bring revenue to MOOCs. As many participants do not seek formal recognition (European Commission, 2014) for their completion of a MOOC, merchandise that presents their achievement in a playful way could well be attractive for them. Sale of supplementary material –supplementary course material in the form of an online or physical book or similar could be sold with the revenue being reinvested in the course delivery. Selective advertising – courses could have advertisements relevant to learners Data sharing – though a controversial topic, sharing learner data with relevant employers or similar could be another revenue model for MOOCs. Follow on events – the courses could lead to follow on summer schools, courses or other real-life or online events that are paid-for in which case a percentage of the revenue could be passed on to the MOOC for its upkeep. Though these models are all possible ways of generating revenue for MOOCs, some are more controversial and sensitive than others. Nevertheless unless appropriate business models are identified the sustainability of MOOCs would be problematic.

Providing information for business: government strategy for the online world

Governments assume a major role in providing information resources for business as a way of promoting national development. This has proven to be a much more demanding task than one might suppose, given the diversity and complexity of business needs and the limitation of government resources for undertaking the task. This chapter will: (1) identify the challenges posed for government online business information strategies, (2) discuss research relating to the information strategy of one Australian government agency to support export development among small business, and (3) set out a framework for government online information provision in a diverse industry context. Coordination of the many government information services remains a challenge, especially among different levels of government. Well-designed strategies can improve the usability of online information and the efficiency of government information services.

Teaching social work online: dilemmas and debates

The stampede towards delivering tertiary education online has been well documented in the academic literature and newspaper media. A great deal of this writing has been characterised by an acute division between those who support and those who deplore this paradigm shift in the way education is offered to students. Not withstanding a few notable exceptions, social work as a discipline has yet to fully engage in this debate, watching, as emerging technologies radically change the way education and social services are delivered. This article provides an overview of the literature related to online learning in social work. In particular the global context influencing the delivery of education is investigated; the major themes emerging from the literature are highlighted; the opportunities and obstacles for teaching and learning social work online are examined, and finally questions relating to the cultural implications for delivering social work education online are identified using a constructivist framework.

Moving personal tax online: the Australian Taxation Office's E-Tax initiative

In exploiting the capabilities of online technologies, governments have developed policies and launched projects to conduct transactions and deliver their services through the Internet. The motivations for this include cost cutting, efficiency improvements, service enhancements, and leadership in business transformation. However, these diverse goals are not necessarily consistent, especially in the early stages of implementation. The e-government initiative discussed in this case study (E-Tax) provided an additional service to individual Australian taxpayers by enabling them to file their tax returns online. This case study provides an analysis of the E-Tax implementation in the first three years of its operation. Data on E-Tax use compared to other filing methods show that the package worked well technically, was favorably received by users, and was consistent with policy on e-government. However, adoption levels in the early stages did not meet government targets. The analysis suggests that impediments to a greater level of E-Tax use included entrenched patterns of filing, the nature of the taxation system, and political sensitivities. The E-Tax case demonstrates how complex e-government projects can be and the need to take contextual factors into account in planning and evaluating e-government implementation.

A theoretical application of exchange theory to online purchase decisions

Recent discussion within the marketing literature has accentuated the overlap and interrelationships between relationship marketing and e-commerce. However, as discussion is yet to focus on relationship marketing’s theoretical antecedent of exchange theory, this paper considers the evolution of e-commerce in terms of the exchange continuum. It is proposed that insight can be derived from the application of the concepts of extrinsic and intrinsic value (Houston and Gassenheimer, 1987) to online exchange. A theoretical model of extrinsic and intrinsic evaluation is developed, based on online consumers’ valuation of the object of exchange (i.e., the product). Possible empirical measures, to test the model, are suggested, derived from the relationship and services marketing literature.

Establishing quality online: supporting productive academic teams

Quality online education requires successful management of resources and services. This paper examines the increasing need to support productive academic teams and foster collaboration in developing a high quality online environment. The paper is based on a study into academic support services and collaboration at Deakin University. The provision of quality support was found to be increasingly challenging given the complexity of the online university environment. A number of recommendations arise out of the study including some practical changes to service, the need to commit to innovation, the importance of frameworks and standards as well as a range of broader cultural, organisational and political changes.

Breaking the boundaries : improving the assessibility, extent and responsiveness of support services for distance education students

Massey University, in common with other tertiary distance education providers, faces the challenge of improving the accessibility, extent and responsiveness of the support services it provides to extramural students. In particular, the university is challenged by the need to develop and deliver support services responsive to the changing needs of an increasingly diverse student population. This paper outlines the key findings of a comprehensive review of Massey’s support policy and services for extramural students. It describes how the review findings, and material from the body of literature on the provision of support for distance students, were used to inform the development of a new support policy for extramural students. How this policy is being made operational in practice, through the design, development and implementation of an extensive range of new student support services, including a range of services provided online, is outlined. A summary of progress made so far is provided. The paper concludes with some guidelines that may be useful in informing the practice of colleagues working to break the boundaries to student participation in support services.

How E-business can provide a sustainable framework for online learning in the vocational education and training arena

The author undertook a major national study of e-business for the Australian National Training Authority (ANTA) from November 1999 - February 2000, resulting in the report E-competent Australia: The Impact of E-commerce on the National Training Framework (ANTA, 2000; available at http;://www.anta.gov.au). This ANTA study and other research by the author show that e-business will eventually have a significant impact on the Australian economy, on industries, organisations, occupations and education and training organisations. From April-May 2000, the author is undertaking a major study for the Commonwealth Government (DETYA): a scoping study of e-commerce in the education and training sector (higher education, VET, schools) of Australia.

This paper starts where the ANTA study (Mitchell 2000a) and the DETYA study stop, by exploring the implications of e-business for online learning systems. E-business will eventually impact not only on the organisations providing online education but on their online learning systems.

The paper is based also on research by the author for a Doctorate in Education within the Faculty of Education at Deakin University that commenced in 1997 and is continuing. The research for this paper involved a review of national and international developments in ebusiness, relating them to online learning systems.

This paper traces the origins, definitions and drivers of both e-business and online learning systems in the 1990s, showing how e-business principles and strategies in the future will have a beneficial impact on online learning systems, even if online learning systems eventually lose their identities as separate from the rest of the organisation.

An e-business focus for online learning systems would start with an understanding of the customers' needs; would find a customer-centric solution, not a technology-centric solution; would empower the customer; would provide sufficient and multiple types of support for the customer; would provide quality and skilled input; and would provide cost effective, reliable and accessible technology.

This vision of an e-business approach to training varies greatly from the traditional business model for the delivery of training, particularly by VET Registered Training Organisations (RTOs). The traditional business model includes real estate prices dictating location of campuses; architecture dictating class sizes; industrial relations dictating the number and length of sessions and prescribing tight role descriptions; queues of students enrolling in February and July each year; and students seated in teacher-dominated classrooms. In contrast, an e-business basis for RTOs would involve the use of electronic communication to improve business performance, improve the use of existing resources, enhance existing services and increase market reach.

An e-business model for RTOs would include the following features: the development of new relationships with customers, using electronic communication to strengthen the relationship; the pursuit of new student markets; and the development of new relationships and alliances between providers. In this new arena of potential and threat, of disintermediation and reintermediation, there will be new roles for new intermediaries; and there will emerge new ways of supporting teaching and learning. Progressive education and training organisations will realize the potential offered by e-business and enjoy the fruits of reintermediation.

An online credential management service for InterGrid computing

Grid users and their jobs need credentials to access grid resources and services. It is important to minimize the exposure of credentials to adversaries. A practical solution is needed that works with existing software and is easy to deploy, administer, and maintain. Thus, credential management services are the wave of the future for virtual organizations such as Grid computing. This paper describes architecture of a scalable, secure and reliable on-line credential management service called SafeBox for InterGrid computing platform. SafeBox provides InterGrid users with secure mechanism for storing one or multiple credentials and access them based on need at anytime from anywhere.

ABC online : a vortal for new opportunities?

This article undertakes an analysis of the ABCs website, ABC Online -- www. abc.net.au -- to explore how the public broadcaster uses the Internet to offer new services. While recognising that the ABC aims to enhance its traditional radio and television services using the Internet, the article establishes the extent to which ABC Online also provides innovative, original, and interactive new services, including those with no connection to traditional radio and television programs, as is often demanded by audiences. This article examines the capacity for ABC Online to develop a unique and distinctive role via the Internet through the potential to offer novel and interactive content and services.

Reliability of web services

This thesis explores the fault tolerance issues of web services computing and proposes a model for reliability of transaction-oriented web services applications.

Students' perceptions of the value of the elements of an online learning environment : looking back in moving forward

In 2003, Deakin University implemented a centralised learning management system (LMS) under the banner of Deakin Studies Online (DSO), as well as implementing policies requiring all its units of study to have at least a basic online presence from 2004. Given the scope of the university's commitment to online education, it was considered essential to evaluate the effectiveness of this investment. Based on more than 5400 responses obtained from students in 2004 and 2005 as part of the DSO evaluation survey, the analysis presented here identifies those elements of the online learning environment (OLE) that are most used and valued by students, those elements of the OLE that students most want to see improved, and, those factors that most contribute to students' perceptions that use of the OLE enhanced their learning experience. The most used and valued elements were core LMS functions, including accessing unit information, accessing lecture/tute/lab notes, interacting with unit learning resources, reading online discussions, contacting lecturers/tutors and submitting assignments online. The OLE elements identified as most needing attention were receiving feedback on assignments; viewing my marks; and reviewing unit progress. Students felt that using DSO enhanced their learning experience when they were adequately supported by unit teachers and technical support services; when they were able to find and use unit information; and when they were able to read the online contributions of other unit members. The retrospective analysis of data collected in the period 2004-2005 has been shaped by a forward-looking agenda. The array of elements available within, and in association with, traditional LMSs which has emerged since that time raises the future challenge of how to maximise and evidence educational value through the optimal combination of elements from the portfolio of e-learning technologies increasingly available to educators.

Online corporate social responsibility communication by Australian SMEs : a framework for website analysis

There has been almost no IS related corporate social responsibility (CSR) research on small and medium enterprises (SMEs), and most non-IS research does not examine how SMEs use websites to communicate their CSR initiatives. This paper develops and applies a framework to report on the results of an exploratory content analysis of 33 Australian SME websites in the Information Media/Telecommunications and Accommodation/ Food Services sectors which communicate CSR initiatives online.