Electronic workplace surveillance and employee privacy : a comparative analysis of privacy protection in Australia and the United States

More than a century ago in their definitive work “The Right to Privacy” Samuel D. Warren and Louis D. Brandeis highlighted the challenges posed to individual privacy by advancing technology. Today’s workplace is characterised by its reliance on computer technology, particularly the use of email and the Internet to perform critical business functions. Increasingly these and other workplace activities are the focus of monitoring by employers. There is little formal regulation of electronic monitoring in Australian or United States workplaces. Without reasonable limits or controls, this has the potential to adversely affect employees’ privacy rights. Australia has a history of legislating to protect privacy rights, whereas the United States has relied on a combination of constitutional guarantees, federal and state statutes, and the common law. This thesis examines a number of existing and proposed statutory and other workplace privacy laws in Australia and the United States. The analysis demonstrates that existing measures fail to adequately regulate monitoring or provide employees with suitable remedies where unjustifiable intrusions occur. The thesis ultimately supports the view that enacting uniform legislation at the national level provides a more effective and comprehensive solution for both employers and employees. Chapter One provides a general introduction and briefly discusses issues relevant to electronic monitoring in the workplace. Chapter Two contains an overview of privacy law as it relates to electronic monitoring in Australian and United States workplaces. In Chapter Three there is an examination of the complaint process and remedies available to a hypothetical employee (Mary) who is concerned about protecting her privacy rights at work. Chapter Four provides an analysis of the major themes emerging from the research, and also discusses the draft national uniform legislation. Chapter Five details the proposed legislation in the form of the Workplace Surveillance and Monitoring Act, and Chapter Six contains the conclusion.

Amphibian

Amphibian is an 10’00’’ musical work which explores new musical interfaces and approaches to hybridising performance practices from the popular music, electronic dance music and computer music traditions. The work is designed to be presented in a range of contexts associated with the electro-acoustic, popular and classical music traditions. The work is for two performers using two synchronised laptops, an electric guitar and a custom designed gestural interface for vocal performers - the e-Mic (Extended Mic-stand Interface Controller). This interface was developed by one of the co-authors, Donna Hewitt. The e-Mic allows a vocal performer to manipulate the voice in real time through the capture of physical gestures via an array of sensors - pressure, distance, tilt - along with ribbon controllers and an X-Y joystick microphone mount. Performance data are then sent to a computer, running audio-processing software, which is used to transform the audio signal from the microphone. In this work, data is also exchanged between performers via a local wireless network, allowing performers to work with shared data streams. The duo employs the gestural conventions of guitarist and singer (i.e. 'a band' in a popular music context), but transform these sounds and gestures into new digital music. The gestural language of popular music is deliberately subverted and taken into a new context. The piece thus explores the nexus between the sonic and performative practices of electro acoustic music and intelligent electronic dance music (‘idm’). This work was situated in the research fields of new musical interfacing, interaction design, experimental music composition and performance. The contexts in which the research was conducted were live musical performance and studio music production. The work investigated new methods for musical interfacing, performance data mapping, hybrid performance and compositional practices in electronic music. The research methodology was practice-led. New insights were gained from the iterative experimental workshopping of gestural inputs, musical data mapping, inter-performer data exchange, software patch design, data and audio processing chains. In respect of interfacing, there were innovations in the design and implementation of a novel sensor-based gestural interface for singers, the e-Mic, one of the only existing gestural controllers for singers. This work explored the compositional potential of sharing real time performance data between performers and deployed novel methods for inter-performer data exchange and mapping. As regards stylistic and performance innovation, the work explored and demonstrated an approach to the hybridisation of the gestural and sonic language of popular music with recent ‘post-digital’ approaches to laptop based experimental music The development of the work was supported by an Australia Council Grant. Research findings have been disseminated via a range of international conference publications, recordings, radio interviews (ABC Classic FM), broadcasts, and performances at international events and festivals. The work was curated into the major Australian international festival, Liquid Architecture, and was selected by an international music jury (through blind peer review) for presentation at the International Computer Music Conference in Belfast, N. Ireland.

Security and legal issues in E-tendering

The Queensland Department of Public Works (QDPW) and the Queensland Department of Main Roads (QDMR) have identified a need for industry e-contracting guidelines in the short to medium term. Each of these organisations conducts tenders and contracts for over $600 million annually. This report considers the security and legal issues relating to the shift from a paper-based tendering system to an electronic tendering system. The research objectives derived from the industry partners include: • a review of current standards and e-tendering systems; • a summary of legal requirements impacting upon e-tendering; • an analysis of the threats and requirements for any e-tendering system; • the identification of outstanding issues; • an evaluation of possible e-tendering architectures; • recommendations for e-tendering systems.

The public management issues of access to electronic gaming machines (EGMs) : a case study of policy in Victoria, its effects and requirements for evaluation

Wynne and Schaffer (2003) have highlighted both the strong growth of gambling activity in recent years, and the revenue streams this has generated for governments and communities. Gambling activities and the revenues derived from them have, unsurprisingly, therefore also been seen as a way in which to increase economic development in deprived areas (Jinkner-Lloyd, 1996). Consequently, according to Brown et al (2003), gambling is now a large taxation revenue earner for many western governments, at both federal and state levels, worldwide (for example UK, USA, Australia). In size and importance, the Australian gambling industry in particular has grown significantly over the last three decades, experiencing a fourfold increase in real gambling turnover. There are, however, also concerns expressed about gambling and Electronic Gaming in particular, as illustrated in economic, social and ethical terms in Oddo (1997). There are also spatial aspects to understanding these issues. Marshall’s (1998) study, for example, highlights that benefits from gambling are more likely to accrue at the macro as opposed to the local level, because of centralised tax gathering and spending of tax revenues, whilst localities may suffer from displacement of activities with higher multipliers than the institutions with EGMs that replace them. This also highlights a regional context of costs, where benefits accrue to the centre, but the costs accrue to the regions and localities, as simultaneously resources leave those communities through both the gambling activities themselves (in the form of revenue for the EGM owners), and the government (through taxes).

How to achieve sustainability : regulatory challenges

The importance of designing sustainable buildings is gaining greater acceptance worldwide. Evidence of this is how regulators are incorporating sustainable design principles into building regulations and requirements. The aim being to increase the number of sustainable buildings and move from a traditional voluntary compliance to one that is mandatory. However, developing regulations that actually achieve these aims can be a difficult exercise. Several countries in South East Asia, such as Singapore and Malaysia, have performance based building regulations that are supplemented by prescriptive measures for achieving the desired performance. Australia too has similar building regulations and has had energy efficiency regulations within the Building Code of Australia for over a decade. This paper explores some of the difficulties and problems that Australian regulators have experienced with the performance-based method and the prescriptive or “deemed-to-comply” method and measures that have been taken to try and overcome these problems. These experiences act as a useful guide to all regulators considering the incorporation of sustainable design measures into their countries building regulations. The paper also speculates on future environmental requirements being incorporated into regulations, including the possibility of non-residential buildings being required to meet minimum energy efficiency requirements, and the possible systems that would need to be in place before such requirements were included. Finally, the paper looks at a possible way forward using direct assessment from electronic designs and introduces several software tools that are currently being developed that move towards achieving this goal. Keywords: Sustainable buildings, Performance-based, Regulations, Energy efficiency, Assessment tools.

Necessary skills and practices required for effective participation in high bandwidth design team activities

Technology is continually changing, and evolving, throughout the entire construction industry; and particularly in the design process. One of the principal manifestations of this is a move away from team working in a shared work space to team working in a virtual space, using increasingly sophisticated electronic media. Due to the significant operating differences when working in shared and virtual spaces adjustments to generic skills utilised by members is a necessity when moving between the two conditions. This paper reports an aspect of a CRC-CI research project based on research of ‘generic skills’ used by individuals and teams when engaging with high bandwidth information and communication technologies (ICT). It aligns with the project’s other two aspects of collaboration in virtual environments: ‘processes’ and ‘models’. The entire project focuses on the early stages of a project (i.e. design) in which models for the project are being developed and revised. The paper summarises the first stage of the research project which reviews literature to identify factors of virtual teaming which may affect team member skills. It concludes that design team participants require ‘appropriate skills’ to function efficiently and effectively, and that the introduction of high band-width technologies reinforces the need for skills mapping and measurement.

Studying collaborative design in high bandwidth virtual environments

In today’s global design world, architectural and other related design firms design across time zones and geographically distant locations. High bandwidth virtual environments have the potential to make a major impact on these global design teams. However, there is insufficient evidence about the way designers collaborate in their normal working environments using traditional and/or digital media. This paper presents a method to study the impact of communication and information technologies on collaborative design practice by comparing design tasks done in a normal working environment with design tasks done in a virtual environment. Before introducing high bandwidth collaboration technology to the work environment, a baseline study is conducted to observe and analyze the existing collaborative process. Designers currently rely on phone, fax, email, and image files for communication and collaboration. Describing the current context is important for comparison with the following phases. We developed the coding scheme that will be used in analyzing three stages of the collaborative design activity. The results will establish the basis for measures of collaborative design activity when a new technology is introduced later to the same work environment – for example, designers using electronic whiteboards, 3D virtual worlds, webcams, and internet phone. The results of this work will form the basis of guidelines for the introduction of technology into global design offices

Multidisciplinary design in virtual worlds

Large design projects, such as those in the AEC domain, involve collaboration among a number of design disciplines, often in separate locations. With the increase in CAD usage in design offices, there has been an increase in the interest in collaboration using the electronic medium, both synchronously and asynchronously. The use of a single shared database representing a single model of a building has been widely put forward but this paper argues that this does not take into account the different representations required by each discipline. This paper puts forward an environment which provides real-time multi-user collaboration in a 3D virtual world for designers in different locations. Agent technology is used to manage the different views, creation and modifications of objects in the 3D virtual world and the necessary relationships with the database(s) belonging to each discipline.

A model for the uptake of E-business by building small and medium enterprises

The adoption of e-business by Small and Medium Enterprises (SMEs) in construction lags from other service and product businesses within the building sector. This paper develops a model to facilitate the uptake of electronic business, especially in relation to SMEs within the Australian construction sector. Ebusiness is defined here as “the undertaking of business-related transactions, communications and information exchanges utilising electronic medium and environment”, the elicited model highlights significant changes needed including skills development, social, economic and cultural issues. The model highlights barriers for SMEs to migrate towards e-transactions, e-bidding, e-tendering and ecollaboration and provides learning and skills development components. The model is derived from case study fieldwork and is to inform diffusion and awareness models for best practice. Empirical techniques included ‘focus group’ interviews and one to one ‘interviews’. Data was transcribed and analysed using cluster analyses. Preliminary results reveal that current models for e-business adoption are not effective within the construction context as they have emerged from other service and product industries - such as retail or tourism. These generic models have largely ignored the nature of the construction industry, and some modifications appears to be required. This paper proposes an alternative adoption model which is more sensitive to the nature of the industry – particularly for e-business uptake in building SME’s.

Role of libraries in building research endeavours

The research landscape is changing rapidly, and as a consequence the roles of libraries and librarians in supporting and working with researchers is also changing. Some of the drivers behind the changes in research practices and culture include: new technologies, government funding and measurement of research impact, and the importance of open access to data. In Australia, librarians work with researchers to help them identify high quality resources, increase their publication rate and manage and promote access to their research. QUT Library has established a number of initiatives to support researchers, including: establishment of the QUT digital repository ‘ePrints’; purchase of electronic books and electronic journals; programmes of workshops for researchers ; redesign of Library space and, and the creation of new staffing positions. The creation of the QUT ePrints repository was a major new initiative for the QUT Library. ePrints is a web-accessible repository of research outputs created for QUT staff and postgraduate students. The ePrints information is harvested by Google, and anyone searching for a QUT staff member on Google can find their publications listed in ePrints. This keynote address will discuss the context for the role of libraries in building research endeavours, highlight some examples of strategies and resources to supporting researchers. It will conclude with an outline of some key online resources for researchers in education. This presentation should be relevant for both individual researchers interested in conducting and promoting their own research, and for staff and organisations focused on building their support for research.

The susceptibility of digital signatures to fraud in the National Electronic Conveyancing System : an analysis

Public key cryptography, and with it,the ability to compute digital signatures, have made it possible for electronic commerce to flourish. It is thus unsurprising that the proposed Australian NECS will also utilise digital signatures in its system so as to provide a fully automated process from the creation of electronic land title instrument to the digital signing, and electronic lodgment of these instruments. This necessitates an analysis of the fraud risks raised by the usage of digital signatures because a compromise of the integrity of digital signatures will lead to a compromise of the Torrens system itself. This article will show that digital signatures may in fact offer greater security against fraud than handwritten signatures; but to achieve this, digital signatures require an infrastructure whereby each component is properly implemented and managed.

TraSe algorithm : automatic evolutionary morphing of electronic dance music

The TraSe (Transform-Select) algorithm has been developed to investigate the morphing of electronic music through automatically applying a series of deterministic compositional transformations to the source, guided towards a target by similarity metrics. This is in contrast to other morphing techniques such as interpolation or parameters or probabilistic variation. TraSe allows control over stylistic elements of the music through user-defined weighting of numerous compositional transformations. The formal evaluation of TraSe was mostly qualitative and occurred through nine participants completing an online questionnaire. The music generated by TraSe was generally felt to be less coherent than a human composed benchmark but in some cases judged as more creative.

Developing authentic achievement for disengaged young people using an electronic portfolio system

Credentials are a salient form of cultural capital and if a student’s learning and productions are not assessed, they are invisible in current social systems of education and employment. In this field, invisible equals non-existent. This paper arises from the context of an alternative education institution where conventional educational assessment techniques currently fail to recognise the creativity and skills of a cohort of marginalised young people. In order to facilitate a new assessment model an electronic portfolio system (EPS) is being developed and trialled to capture evidence of students’ learning and their productions. In so doing a dynamic system of arranging, exhibiting, exploiting and disseminating assessment data in the form of coherent, meaningful and valuable reports will be maintained. The paper investigates the notion of assessing development of creative thinking and skills through the means of a computerised system that operates in an area described as the efield. A model of the efield is delineated and is explained as a zone existing within the internet where free users exploit the cloud and cultivate social and cultural capital. Drawing largely on sociocultural theory and Bourdieu’s concepts of field, habitus and capitals, the article positions the efield as a potentially productive instrument in assessment for learning practices. An important aspect of the dynamics of this instrument is the recognition of teachers as learners. This is seen as an integral factor in the sociocultural approach to assessment for learning practices that will be deployed with the EPS. What actually takes place is argued to be assessment for learning as a field of exchange. The model produced in this research is aimed at delivering visibility and recognition through an engaging instrument that will enhance the prospects of marginalised young people and shift the paradigm for assessment in a creative world.