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Digital Identity: an emergent legal concept

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ISBN: 9780980723007 Year: Pages: 178 DOI: 10.1017/UPO9780980723007 Language: English
Publisher: University of Adelaide Press
Subject: Law
Added to DOAB on : 2012-05-11 07:57:22
License: University of Adelaide Press

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Abstract

This is the first full-length study of digital identity in a transactional context, from a legal perspective. Clare Sullivan's analysis reveals the emergence of a distinct, new legal concept of identity. This concept is particularly clear under a national identity scheme such as the United Kingdom and Indian schemes. However, its emergence is evident even in jurisdictions, like Australia, which do not have a formal national identity scheme. Much of the analysis can also be extrapolated to proprietary schemes such as those run by banks and other businesses.

An individual’s digital identity which is used for transactional purposes has crucial functions which give it legal personality. The author argues that an individual’s digital identity also has the characteristics of property which can, and should, be legally protected. Identity theft is defined using the emergent concept and the study shows that digital identity is property which capable of actually being stolen and criminally damaged.

The study examines the emergence of attendant legal rights and duties including a new right to digital identity and its legal protection. Dr Sullivan argues that an individual has the right to an accurate, functional digital identity and shows that this right exists in addition to the right to privacy.

Dr Sullivan maintains that, considering the essentially public nature of identity, the right to identity provides better, and more appropriate, protection than is afforded by the right to privacy. She asserts that the importance of the right to identity in this context has been obscured by the focus on privacy in international legal scholarship and jurisprudence.

The functions and legal nature of digital identity are analysed using real examples which highlight the implications for individuals, businesses and government. The findings have the potential to fundamentally change the way digital identity is legally and commercially regarded.

China - Linking Markets for Growth

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ISBN: 9781921313387 Year: Pages: 450 DOI: 10.26530/OAPEN_458870 Language: English
Publisher: ANU Press
Subject: Economics
Added to DOAB on : 2012-06-14 11:46:24
License: ANU Press

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China’s prosperity is at the core of the emerging Platinum Age of global economic growth. Rapid economic growth has been underpinned by expansion in its domestic markets, and the integration of domestic and international markets in goods, services, capital, labour and foreign exchange. Global commodity prices have reached historic highs, while China’s capital outflows have helped to hold down interest rates worldwide. Linking markets, both domestic and international, has been key to China’s success. In sustaining its strong economic growth, China has become one of the world’s most voracious consumers of energy. The challenge now facing the government and people of China is in achieving cooperation with the international community to avert the costs–both economic and environmental–of accelerating energy consumption.

China–Linking Markets for Growth gathers together leading scholars on China’s economic success and its effect on the world economy into the next few decades.

Minding the Gap: Appraising the promise and performance of regulatory reform in Australia

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ISBN: 9781921313165 Year: Pages: 111 DOI: 10.26530/OAPEN_459375 Language: English
Publisher: ANU Press
Subject: Business and Management
Added to DOAB on : 2012-06-14 11:46:24
License: ANU Press

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‘Mind the Gap!’ is an almost iconic exhortation, originating in the London Underground, warning travellers to be careful when navigating the ‘gap’ between the platform and train. In this volume, Peter Carroll, Rex Deighton-Smith, Helen Silver and Chris Walker retrospectively assess the ‘gap’ — no less dynamic and perilous in a public policy context — between the promise and performance of successive waves of regulation in Australia since the 1980s. Regulatory bodies exist to exercise what might be broadly termed ‘control functions’ and, by nature, tend to be conservative both in their culture and operations. Institutional conservatism does not, of necessity, preclude the exercise of creativity and foresight, both of which are sorely required if government is to successfully meet the challenge of delivering more effective and less costly regulation. The business and policy environment is complex, the risks are great and the rewards of success and the costs of failure will be enormous. The true measure of success will be how effectively we are able to close the gap between promise and performance.

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