ACCC
Australian Competition and Consumer Commission, responsible for administering the Trade Practices Act 1974 (Cth).
ACMA
Australian Communications and Media Authority, the Federal Government regulator of broadcasting and the Internet. It superseded the Australian Broadcasting Authority (ABA).
Acceptance The final, unqualified agreement with the terms of an offer that completes the formation of a contract.
Access prevention notice
Notice to an ISP under the Broadcasting Services Act 1992 (Cth) or the Interactive Gambling Act 2001 (Cth) directing the ISP to take reasonable steps to prevent end users from accessing the specified content.
Admissible evidence
Evidence that is admissible in court-it is required to be relevant, not overly prejudicial, and reliable.
Algorithm
A list of steps or instructions for accomplishing a task.
Anonymiser
An application designed to allow web users to visit websites anonymously, disguising their IP addresses.
Arbitration
An out-of-court process by which the parties to a dispute submit their differences to the judgment of an impartial person or group appointed by mutual consent or statutory provision.
ARPANET
Advanced Research Projects Agency Network (see also DARPA). In 1969 DARPA launched the wide-area network from which the Internet evolved.
Authentication
A process by which you verify whether someone or something is genuine or valid.
Authorised deposittaking institution (ADI)
A financial institution that is authorised to conduct banking business under the Banking Act 1959 (Cth).
Automated teller machine (ATM)
A networked terminal that enables cash withdrawals from an account with a financial institution; it may also provide account-related information or permit funds to be transferred between accounts.
Bait advertising
An appealing but insincere advertisement for a product or service where the main purpose is not to sell at the advertised price, but to lure consumers so there is an opportunity to sell a different or more expensive product.
Banking business
Defined under the Banking Act 1959 (Cth) to involve both the taking of money on deposit and the making of advances.
Biometrics
The use of unique personal characteristics (such as fingerprints) to identify a person or authenticate their identity.
Bit tax
A tax on every binary digit of information transmitted across the Internet.
Breach
A contravention of a legal duty, often one contained in a statute, contract or other legal document.
Browsewrap
A method of attempting to incorporate terms into an online contract which relies on the customer voluntarily following a link and reading the terms. See also clickwrap; shrinkwrap.
Burden of proof
A party bears the burden of proof in a court case if it is their responsibility to adduce sufficient evidence to prove the fact alleged.
Carriage service provider (CSP)
An entity that uses a carrier's facilities to supply telecommunications services to the public. An Internet service provider (ISP) is a type of CSP.
Carrier
An entity (like Telstra) that owns telecommunications facilities, and uses them to supply telecommunications services to other entities or the public. Carriers must be licensed by the Australian Communications and Media Authority (ACMA).
Case law
The body of law made by judges whose decisions are, according to the doctrine of precedent, binding on other courts.
Cause of action
The legal ground on which a claim is based when going to court.
Certification authority
In cryptography, a trusted third party who issues a digital certificate that attests to the authenticity of a public key, thus validating the person, organisation, or server noted in the certificate.
Cheque
An unconditional order in writing addressed by a person to a financial institution, signed by the person giving it, requiring the institution to pay a sum of money on demand.
Civil action
Litigation brought by one or more parties protecting their own interests (as opposed to a criminal action, in which someone is prosecuted on behalf of the state).
Civil law
In the context of court cases, the law that applies when one party sues others for damages or other redress (as compared with criminal law); in the context of a legal system, refers to a system based primarily on the interpretation of statutory codes (like the legal systems of much of Europe) as opposed to systems based on the doctrine of precedent (like the English common law system).
Clearing organisation
An organisation that gathers payment instructions from collecting banks, and transmits them to paying banks, seeking confirmation that the payment instruction will be honoured.
Clickwrap
A method of incorporating terms into an online contract which requires the customer to indicate their assent by clicking on a button or other object before the agreement can be concluded. See also shrinkwrap; browsewrap.
Common law
When compared with statute law, refers to judge-made law; when used in the context of a legal system, refers to a system strongly based on the doctrine of precedent (like the English system), as opposed to systems based on the interpretation of statutory codes (like the civil law systems of Europe).
Computer virus
Used in a broad sense to mean all malicious or unwanted software that spreads onto hardware without the knowledge or permission of the user.
Conflict of laws
Also known as ‘private international law', the area of law concerned with jurisdiction, choice of law, declining jurisdiction, and recognition and enforcement of foreign judgments.
Consideration
The giving of (or the promise to give) something of legal value in return for a promise, which is a requirement for a valid contract in most common law systems.
Consumer
For the purposes of the Trade Practices Act in Commonwealth law and Fair Trading legislation in state law, someone who purchases goods or services for personal, domestic or household use, or costing less than $40 000.
Consumer protection
The law that protects the interests of consumers, notably the Trade Practices Act 1974 (Cth) and similar state legislation such as the various Fair Trading Acts.
Contravention
See Breach.
Convention
See Treaty.
Co-regulation
Regulation of a particular industry through a combination of direct legislative rules and self-regulation through an industry code.
Country code top level domain (ccTLD)
See Top level domain (TLD).
Criminal action
A court case brought on behalf of the state to determine guilt and punish someone for wrongful conduct (as opposed to a civil action).
Criminal law
The branch of law that relates to wrongful actions that are prosecuted and punished by the state.
Cryptography
The study of methods of keeping information secret by transforming the information into something unintelligible except to a person who knows the secret method of decoding it.
Cybercrime
Crimes facilitated or aided by computing devices or the Internet, or committed where a computer or network is a target.
Cybersquatting
Registering a domain name without intending to use it in the long term, but with the intention of making a profit, for example, by selling it to someone who already has an interest in using that name but who failed to register it themselves.
DARPA
Defense Advanced Research Projects Agency (originally ARPA, renamed twice, now DARPA again), a research body set up by the US Department of Defense in 1957. See also ARPANET.
Database
A structured collection of records or data, stored in a way that makes it easy to access the information.
DCITA
The Federal Government's Department of Communications, Information Technology and the Arts.
Defamation
A cause of action in torts law, which involves publication of material that unfairly impugns the reputation of another.
Denial of service (DoS) attack
An attempt to make a computer resource unavailable to intended users by flooding the system with superfluous requests.
Digital cash
Digital data representing value that can be transferred as the equivalent of money.
Digital signature
Narrow meaning: a digital method of authenticating a person using public key cryptography. Broad meaning: a digital method of authenticating a person who creates a document or sends a message. See also electronic signature.
Direct entry payments
A payment system enabling the transfer of funds by entering the transaction directly in the accounts of the paying and receiving institutions so that it has immediate effect. A direct credit is where the paying party initiates the transaction; a direct debit is where the receiving party initiates the transaction.
Directive of the European Union (EU)
A legislative instrument of the European Parliament that compels member states to enact legislation of similar effect. Domain name A unique name corresponding to one or more IP addresses, used as an Internet address (for example www.svantesson.org).
Domicile
The place of a person's permanent residence for legal purposes.
Double actionability test
A two-stage test used in determining the choice of law question in tort actions in some common law jurisdictions. First, the wrong alleged must be actionable if it were to be committed within Australia. Second, the act must not have been justifiable by the law of the place where it was done.
Dual criminality
A requirement for extradition-the act in question must be criminal in both the country seeking extradition and the country from which the alleged criminal is to be extradited.
Duty of confidentiality
A duty to keep ideas and other valuable commercial information secret in certain circumstances. Breach of the duty may give rise to a civil action in the law of tort.
Electronic banking
Electronic provision of banking products and services, including use of electronic terminals, the Internet, telephone and wireless networks.
Electronic funds transfer (EFT)
A transfer of funds effected through a computerised banking system.
Electronic funds transfer at point of sale (EFTPOS)
Electronic transfer of funds effected by using a plastic card at a card-reader terminal typically located in the merchant's premises.
Electronic purse
See stored value card.
Electronic rights management information (ERMI)
Electronic information attached to copyright material disclosing the name of the copyright owner and the terms under which the material can be used.
Electronic signature
A method of electronically authenticating the identity of a person who sends a message.
Encryption
The process of transforming information into something unintelligible except to a person who knows the secret method of decoding (decrypting) it.
European Union
An international organisation of European countries formed in 1993 to reduce trade barriers and increase cooperation among its members.
Evidentiary burden
See Burden of proof.
Forum non conveniens
Literally, an ‘inconvenient forum'. Refers to the discretionary power courts have to decline the exercise of jurisdiction in a particular matter.
Gambling
Staking money on uncertain or chance events or on a combination of skill and chance.
Gaming and wagering
The Interactive Gambling Act 2001 (Cth) distinguishes between two forms of gambling: gaming (casinos, gaming machines, keno, lotteries) and wagering (betting on races and sporting events).
Generic top level domain (gTLD)
See Top level domain (TLD).
Geo-identification
The ascertaining of the geographical location of Internet users.
Goods and services tax (GST)
A value-added tax of 10% on most goods and services sold in Australia.
HTML Hyper Text Markup Language.
HTML is the authoring language most commonly used to create Web documents.
Hyperlink
An electronic reference to another document or web page that can be activated by clicking on it with a pointing device such as a mouse.
IANA
Internet Assigned Numbers Authority, the first body established to allocate IP numbers to registrants on the Internet.
ICANN
Internet Corporation for Assigned Names and Numbers. An international, non-profit organisation established in 1998 to organise the domain name and IP number systems (including the accreditation of domain name registrars).
Identity theft
Fraudulent use of another person's personal information to take on their identity.
Immovable property Legal term referring to land and/or any permanent feature or structure above or below the surface.
Imposed terms
Certain conditions and warranties imposed on contracts by the law.
Income tax
A personal tax levied on annual income.
Infringer
In the context of intellectual property (IP), a person who makes unauthorised use of copyright, a patent, trade mark or other IP right.
Injunction
A court order whereby a party is required to do, or to refrain from doing, an act.
Intangibles
Rights that have legal value but are not necessarily related to a physical object; examples include a debt owed, copyright in computer software, and the supply of services rather than goods.
Intellectual property rights
A collective term used to describe a number of concepts involving rights closely connected with information, ideas, or other intangibles. Examples include copyright, patents, and trade marks.
Internet
A global network of interconnected computer systems using the suite of protocols known as TCP/IP.
Internet banking
A type of electronic banking in which access to products and services is provided via the Internet.
Internet content
Information kept on a data storage device and accessed using an Internet carriage service.
Internet content host (ICH)
An entity that stores Internet content so that it is accessible by others.
Internet Protocol (IP)
The protocol that ensures that packets of data arrive at the correct network destination.
IP number
The address used by the Internet protocol to identify a computer or other network destination.
Internet service provider (ISP)
An entity that uses a carrier's telecommunications facilities, usually in combination with their own servers and other equipment, to provide access to the Internet. See also Carriage service provider (CSP).
Jurisdiction
1. The power granted to a formally constituted legal body to administer justice within a defined area of responsibility;
2. A geographical area within which certain laws operate (for example a country).
Jurisdictional borders
Geographical or other limits, outside of which the court or other entity holds no power.
ISOC
The Internet Society, formed in 1992 by Internet experts and enthusiasts to oversee administration of the Internet.
Key
In cryptography, a secret method used to protect data.
Law of confidentiality
The law relating to breaches of confidentiality having regard to the nature of the sensitive information and any subsequent communication of that information.
Lex loci delicti
Literally, ‘the law of the place where the delict [tort] was committed'; a rule used in Australian courts to determine the applicable law in tort cases.
Message integrity
The status of a message that can be proved not to have been altered during transmission.
Micropayments
Payments involving fractions of the normal units of value, such as ½ cent-useful in e-commerce, for example to pay per page viewed in a document.
Misleading or deceptive conduct
Any conduct in trade or commerce which misleads or deceives or is likely to do so.
Misrepresentation
A false statement of fact; to be actionable in tort law, it must be made intentionally or negligently and must induce a person to act on it to their detriment.
Model code
A ‘best practice' model typically suggested by an international organisation, aimed at harmonising and reforming an area of law.
Negligence
A cause of action in torts law where one party who owes a ‘duty of care' to another breaches that duty by failing to meet the standard of care expected of a reasonable person, resulting in material damage.
Negotiable instrument
A written and signed document that entitles the holder to receive a payment, and which can be transferred in such a way as to give the new holder an unconditional right to payment, even if the transferor did not have such a right. Examples include cheques and promissory notes.
Network money
See digital cash.
NSFNET
A network established in 1986 by the US National Science Foundation (NSF) that replaced ARPANET as the foundation of the Internet.
NSI
Network Solutions Inc, a private organisation originally licensed by the US Department of Commerce to administer the .com, .org and .net generic top level domain names. This function was eventually handed over to ICANN, and NSI now operates as a registrar of domain names.
Nuisance
A cause of action in torts law that involves unlawful interference with an owner's or occupier's use or enjoyment of land.
Object code
A set of machine-readable instructions usually generated by compiling or assembling source code.
Offer
The stated contractual terms on which the offeror promises to be bound if the other party (the offeree) accepts them. See also Acceptance.
Online wagering
Use of the Internet or other similar service to bet on sporting events or races-a permitted form of gambling under the Interactive Gambling Act 2001 (Cth). See also Gaming and wagering.
Organisation for Economic Co-operation and Development (OECD)
An organisation formed by 30 economically developed nations, which meet regularly to agree on policies for economic cooperation and development.
Packet switching
A communication system that divides messages into packets of data and sends each packet separately, to be reassembled at their destination.
Passing off A cause of action in torts law that involves misrepresenting goods or services as being those of another, or holding out goods or services as having some association or connection with another.
Patent
A form of monopoly granted by legislation that gives the owner of the patent the exclusive right to exploit a device, substance, method or process which is new, inventive and useful.
Permanent establishment
A fixed place from which a business is wholly or partially conducted, making its profits taxable in that place.
Personal Identification Number (PIN)
An alphanumeric string of digits used to identify an individual.
Piracy
In the Internet context, the unlawful copying or distributing of copyright protected material.
Private international law
Also known as ‘conflict of laws', the area of law concerned with jurisdiction, choice of law, declining jurisdiction and recognition and enforcement of foreign judgments.
Procedural law
Law that tells you how to enforce your rights (as opposed to substantive law, which tells you what your rights and duties are).
Prohibited content
In the context of Internet pornography, the Broadcasting Services Act 1992 (Cth) prohibits content that is classified asRC, X, or if it is hosted in Australia without a restricted access system, R.
Protocol
A standard or agreed way of doing something.
Pseudocode
A high-level description of a computer program. The description generally uses natural language explanations (e.g. English) of the steps to be taken but does not contain actual program code.
Public key (asymmetric) system
A cryptographic system in which two different but related keys are used to encrypt and decrypt a message. One key is made public, the other is kept private, and the private key cannot easily be derived from the public key. See also Single key (secret key or symmetric) system.
Quia timet action
A type of injunction to restrain wrongful acts which are threatened or imminent but have not yet commenced.
Root server system management
An important function carried out by the Internet governing body, ICANN, to update and maintain the primary Domain Name Servers, which are essential to the Internet's lookup functionality.
Safe words
A list of ordinary words, injected by spammers into e-mails, meant to trick spam filters into identifying the message as legitimate.
Shrinkwrap
Where contractual terms are sealed inside the packaging of a product, so they are unavailable before the product is purchased. See also clickwrap; browsewrap.
Single key (Secret key or symmetric) system
A cryptographic system in which the same key, known to both sender and receiver, is used to encrypt and decrypt a message. See also Public key (asymmetric) system.
Situs
The place where an event happened or where property is located, which can be reasons for a court to exercise jurisdiction.
Source code
A set of computer instructions expressed in a high-level programming language, which can be read and amended by humans. See also Object code.
Spam
Unsolicited e-mail, often sent in bulk.
Standard of proof
The degree of evidence which a party must present in a trial in order to succeed.
Statute
A law passed by Parliament, also known as an Act of Parliament or legislation.
Stored value card (SVC)
A card that permits the electronic storage and use of prepaid value; also known as an electronic purse or wallet.
Substantive law
Law that tells you what your rights and duties are, as opposed to procedural law, which tells you how to enforce these rights.
Sui generis
Literally ‘of its own kind', a term used to indicate a legal classification that, because of its uniqueness, should be seen to exist independently of other categorisations.
Take-down notice
Notice to an Internet content host (ICH) directing it not to host the specified content.
Tax havens
Countries that offer very low tax rates.
TCP/IP protocol
Technically a suite of protocols that implement a packet switched network and have become the standard for data transmissions over the Internet. The main protocols are the Transmission Control Protocol (TCP) and the Internet Protocol (IP).
Top level domain (TLD)
The last or right-most part of a domain name. It may be a country code top level domain (ccTLD), arranged by a two-letter country code, such as .au; or a generic top level domain (gTLD) arranged by type of organisation, such as .com or .edu.
Torts
A collective name used to describe civil actions that provide remedies where wrongful conduct causes harm. Common tortious causes of action include negligence, nuisance, and defamation.
Trade mark
A sign or mark used to distinguish one's goods or services from those of another, usually registered under the Trade Marks Act 1995 (Cth), although the laws of passing off and the Trade Practices Act 1974 (Cth) may provide some protection for the use of an unregistered mark.
Transfer pricing
The practice of reducing the overall tax placed on a company group by strategically distributing profits and deductions among the members of the group.
Transactional anonymity
Where the purchaser of goods or services remains unidentified and anonymous.
Treaty
An agreement formed under international law by states and/ or international organisations.
Trespass to chattels
A cause of action in torts law that involves intentional or negligent interference with another person's possession of movable property (chattels).
Trespass to land
A cause of action in torts law that involves unlawful interference with land which is in the possession of another.
UNCITRAL
The United Nations Commission on International Trade Law.
Unconscionable conduct
Unfair or unreasonable conduct in business transactions that goes against good conscience.
URL
A uniform resource locator identifies an Internet resource and provides a method of locating it; often also used in the sense of a web address.
Value-added tax (VAT)
A tax levied on the difference between a commodity's price before taxes and its cost of production.
Web crawler
An automated computer program which navigates the Internet indexing its content, usually for search engines. Also known as web spiders or robots.
White list words
See Safe words
Withholding tax
A tax that is paid directly to the taxation authorities by a third party on behalf of a taxpayer. The best example is the PAYG system in which employers deduct tax from an employee's wages and pay it directly to the tax office.
Works and secondary works
In the context of copyright law, original literary, dramatic, musical and artistic creations are known collectively as works; sound recordings, films, television and sound broadcasts, and published editions of works are also protected-we refer to these as ‘secondary works'.
World Intellectual Property Organization (WIPO)
A specialised agency of the United Nations with headquarters in Geneva, established in 1967 to promote the protection of intellectual property throughout the world.
World Wide Web
A system of making documents and other multimedia resources available to others over the Internet, based on a protocol that supports clickable links between the documents.
