The surveillance of social networking and the social value of privacy

This chapter argues that theories about privacy would benefit from embracing deliberative democratic theory on the grounds that it addresses harms to democracy, and widens our understandings of privacy infringements in social networking environments. We first explore how social networking services (SNS) have evolved through different phases and how they enable political deliberation. Subsequently, we discuss more traditional individualistic and intersubjective theories of privacy in relation to social networking and point out their limitations in identifying and redressing social networking-related harms. We then critique emerging claims concerning the social value of privacy in the context of the social Web. Here we point out how these theories might identify non-individualized harms, yet, at the same time, suffer important challenges in application. We conclude by arguing that deliberative democratic theory can add some critical insights into the privacy harms encountered on the contemporary “social Web” that are only imperfectly understood by individualistic and social conceptions of privacy.

Privacy, dataveillance, and crime prevention

Whether privacy is an adequate legal safeguard against intrusive government or private sector activity remains open for further exploration. The criminal law has always imposed limits on the ability of police to enter private premises and seize property associated with criminal activity, while preserving the rights of “mass private” property owners and their agents to selectively exclude people from entering or remaining on their premises. The appropriate balance between these issues and “the right to be let alone” is often determined by judicial rulings in individual cases. However, the balance between a claimant’s personal rights to be free from undue surveillance and the broader public interest in preventing crime or promoting safety is not always clear. New forms of personal data collection and dissemination through ICTs reconfigure the balance between private and public knowledge (Australian Law Reform Commission 2008), while social network analysis is increasingly deployed by law enforcement agencies to detect and prevent crime. Our ongoing research interrogates how the concept of privacy can be reconciled with the growing use of dataveillance, data mining, and social network analysis to prevent crime and antisocial behavior.

Engaging Students in the Implementation of Criterion Referenced Assessment in First Year Law

The Queensland University of Technology (QUT) University Academic Board approved a new QUT Assessment Policy in September 2003, which requires a criterion-referenced approach as opposed to a norm-referenced approach to assessment across the university(QUT,MOPP,2003). In 2004, the QUT Law School embarked upon a process of awareness raising about criterion-referenced assessment amongst staff and from 2004 – 2005 staggered the implementation of criterion-referenced assessment in all first year core undergraduate law units. This paper will briefly discuss the benefits and potential pitfalls of criterion referenced assessment and the context for implementing it in the first year law program, report on student’s feedback on the introduction of criterion referenced assessment and the strategies adopted in 2005 to engage students more fully in criterion referenced assessment processes to enhance their learning outcomes.