QUESTION :-
Naj runs an online business – Poshpaws, selling upmarket and expensive pet accessories. He has three employees who process the online orders and each has their own desk and computer. At the base of each order form there is a box for a customer to tick if they are interested in hearing more from Poshpaws. Naj keeps a list of the people who agree to further information being sent so that he can use this for marketing purposes. He also keeps the email addresses of those who do not tick the box, but in a different file titled ‘Past Customers’.
Naj introduces a new line of gourmet pet foods to his range and decides to publicise them by sending an email promoting the food and offering a discount to previous visitors to the website. Naj sends a promotional email to all the people who have ticked the box on the order form including a subject line and return address and inviting them to take advantage of the offer. Ali – who previously ordered a diamante collar for his spaniel receives the email. Naj also sends the message to the individuals in the ‘past customer’ file. Debbie, who has previously looked at Poshpaw’s website, but found it too expensive, is not happy to receive the email. She did not tick the box on the order form.
Although Poshpaws is successful, Naj feels he cannot afford to waste any of the company’s time or money. He is therefore keen that his employees spend all their working hours actually working and don’t spend time on other online activities such as internet shopping or social networking sites. He introduces a system which tracks which websites his employees are visiting during working hours. He runs reports from this system and then puts the reports in the employee’s file. These files are kept in a battered cardboard box by the side of Naj’s desk in the open plan office.
One day, one of the reports causes Naj a great deal of concern. It has discovered that an employee, Sarah, has been accessing certain websites repeatedly in her working hours. One website is a Japanese Anime cartoon site showing a cartoon girl having sex, and one contains short videos of naked men beating each other with leather whips.
Naj informs the police and Sarah is arrested and charged with offences under s62 of the Coroners and Justice Act 2009 and s 63 of the the Criminal Justice and Immigration Act 2008.
Sarah is furious, and feels her privacy has been invaded. She demands to see the report of her internet use that Naj has passed onto the police so that she can prepare her defence to the charges.
Advise Naj as to the legality of his actions, and whether he has to allow Sarah access to the papers. Advise Sarah on her likelyhood of conviction of the two offences she has been charged with.
BIBLIOGRAPHY – Must be oxford referencing
Books
(Include details of Author/Title/Publisher/Date of Publication for each book)
Articles
(Include details of Author/Title/Publisher/Date of Publication for each article)
Legislation
Cases
(Give full citation of cases and place in alphabetical order)
Other Written Sources
(e.g. Newspaper publications, government publications)
Other Sources
(e.g. details of websites used)
This coursework most include:
Articles
Law reports
Cases
Statutes
Journals
Books
Your work will be graded taking into account all of the following criteria:
Structure
You need a clear, brief introduction, which identifies the issues raised by the problem. Your answer should then progress in a logical order. You will be penalized if you do not tackle each legal issue separately, stating the law, and then applying it to the facts. Students who write out all the principles of law relevant to the problem, and then only apply it to the facts at the end, will be heavily penalised. You should provide a reasoned conclusion supported by the body of the answer.
Content
The marker will be grading your work taking into account whether you have:
• identified all the issues raised by the problem
• placed appropriate emphasis on the significant issues
• provided an accurate explanation of legal principles
• provided a detailed analysis of the law in relation to the facts
• display ability to evaluate the current legal position
• demonstrated an ability to manipulate the law in order to find alternative solutions where appropriate to the problem
• identified any areas of uncertainty in the law
• provided a good persuasive argument
• made good use of supporting law. Evidence of reading beyond the main text and cases will be sought. You should be familiar relevant journal articles
• provided only material which is relevant
• Please remember not to write in the 1st person
• Remember to criticise the law and input your own opinion.
• Please use Academic opinions and you can also criticise academic opinions too (this gives marks)
• Always refer back to the question IN YOUR ARGUMENT
Sources
You should provide full and accurate referencing, and a bibliography acknowledging all sources used. Be sure not to plagiarise from any source.
Presentation
Credit will be given for a succinct and fluent writing style. Illegible material will not be given credit, and poor use of English will be penalised especially where it makes the sense ambiguous or meaningless. You will be penalised for incorrect spelling so remember to use spell check!
Recomemmded Books
Andrew Murray – Information Technology Law – The Law and Society – Oxford University Press
Lloyd, I Information Technology Law (2008) 5th Edition, Oxford University Press.
Hedley: The Law of Electronic Commerce and the Internet in the UK and Ireland – Cavendish Publishing Wild, Weinstein and MacEwan: Internet law, Old Bailey Press.
Furnell: Cybercrime (1st Edition) Addison Wesley
Reed and Angel: Computer Law (5th Edition) Blackstone Press
Akdeniz, Walker and Wall: The Internet, Law and Society (1st Edition) Longman
Lloyd: Legal Aspects of the Information Society (1st Edition) Butterworths
Rowland and Macdonald: Information Technology Law (2nd Edition) Cavendish
Criminal Law Review Special Edition: Crime, Criminal Justice and the Internet (Sweet & Maxwell) 1998.
Recomemmded Law Reports
Masons Computer Law Reports
All England Reports
Weekly Law Reports
Appeal Cases Reports
World Internet Law Reports
Recomemmded Journals
The Computer Bulletin (British Computer Society)
Computing
InternetNews
Computers and the Law
International Journal of Law and IT
Information and Communications Technology Law
Journal of Information, Law and Technology
Internet Lawyer
Recomemmded Government etc.Reports
Law Commission: Computer Misuse (1988) Working Paper 110.
Scottish Law Commission: Report on Computer Crime (1987) No.106.
Law Commission Report No. 186, Computer Misuse (Cm 819) HMSO, 1989).
National Audit Office Study: IT Security in Government Departments – HMSO 1995.
UK Audit Commission Survey of 1991.
UK Audit Commission 1998: Ghost in the Machine: An analysis of IT Fraud and Abuse.
Computer-Related Criminality (report by the European Committee on Crime Problems, Strasbourg, 1990).
European Convention on Cybercrime (2001).
N.B:-
This most include:
Articles
Law reports
Cases
Statutes
Journals
Books
Law reports
The work will be graded in the account all of the following criteria:
Structure
You need a clear, brief introduction, which identifies the issues raised by the problem. Your answer should then progress in a logical order. I will be penalized if I DID not tackle each legal issue separately, stating the law, and then applying it to the facts. Students who write out all the principles of law relevant to the problem, and then only apply it to the facts at the end, will be heavily penalised. You should provide a reasoned conclusion supported by the body of the answer.
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