LAW 7165 - Cyber Security and Cyber Conflict Law

North Terrace Campus - Trimester 3 - 2022

This course covers the law and policy applicable to cyber security across a broad range of scenarios, including the regulation of cyber assets as critical infrastructure, the criminal law response to organised cybercrime, and the legal implications of cyberspace as a warfighting domain. Course participants will gain an understanding of data privacy rights and obligations at common law and under statute; the national and international regulation of cyber security, including the application of the Security of Critical Infrastructure Act 2018; the law applicable to cyber security implementation and responses to cyber incidents; corporate governance obligations, including director's duties; the national and international criminal law framework applicable to cybercrimes; the investigation of cybercrimes and the role of digital forensics; and the legal regulation of cyber conflict, including the application of the Laws of Armed Conflict (LOAC) and Law on the Use of Force to cyber operations.

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Course Details

Course Code	LAW 7165
Course	Cyber Security and Cyber Conflict Law
Coordinating Unit	Adelaide Law School
Term	Trimester 3
Level	Postgraduate Coursework
Location/s	North Terrace Campus
Units	3
Contact	Intensive
Available for Study Abroad and Exchange	Y
Prerequisites	Students without a Bachelor of Laws must have completed LAW 7177
Assessment	Assessment in this course will include a combination of two or more of the following: interim written assessment; in-class presentation; assessment of contribution to class discussion; examination (invigilated or take-home); and/or research essay

Course Staff

Course Coordinator: Mark Giddings

Other Lecturers: Prof. Dale Stephens

Course Timetable

The full timetable of all activities for this course can be accessed from Course Planner.

Course Learning Outcomes

On successful completion of this course, students will be able to:

1. Undertake legal research at a high level of complexity in relation to issues of cyber security and cyber conflict.
2. Effectively structure and articulate written legal arguments.
3. Deploy advanced skills in statutory interpretation, including in particular in relation to the Privacy Act, the Security of Critical Infrastructure Act and the Commonwealth Criminal Code, to resolve complex legal problems arising in relation to cyber security and cyber conflict law.
4. Analyse a complex factual scenario and identify the relevant legal issues arising in relation to issues of cyber security and cyber conflict.
5. Articulate complex legal arguments orally.
6. Identify and evaluate relevant ethical and moral issues in legal situations arising in relation to cyber security and cyber conflict.

University Graduate Attributes

This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

University Graduate Attribute	Course Learning Outcome(s)
Attribute 1: Deep discipline knowledge and intellectual breadth Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.	1, 2, 3, 4, 5, 6
Attribute 2: Creative and critical thinking, and problem solving Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.	2, 3,4, 5
Attribute 3: Teamwork and communication skills Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.	3, 4, 5
Attribute 4: Professionalism and leadership readiness Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.	1, 6
Attribute 5: Intercultural and ethical competency Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.	6
Attribute 7: Digital capabilities Graduates are well prepared for living, learning and working in a digital society.	1, 3, 4, 6
Attribute 8: Self-awareness and emotional intelligence Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.	6

Learning Resources

Required Resources

Course readings will be provided via MyUni prior to the course.

Recommended Resources

Course readings will be provided via MyUni prior to the course.

Online Learning

Classes will be conducted either face to face or via Zoom. Materials for study will be provided via MyUni.

Learning & Teaching Modes

Classes will be taught in an interactive, intensive mode over one week. Students are expected to have undertaken the reading provided and to come to class ready to discuss that material. The course will feature a number of problem solving activities that students are expected to engage in individually, in small-groups and as a class. The course will also feature group discussions of topical issues on which students are expected to express opinions in light of the material covered in the course.

Workload

The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

For a 3 unit course the expected workload is 156 hours. This will be structured as 24 hours of face to face teaching over five intensive days and 132 hours of personal study.

Learning Activities Summary

Day 1: Overview and introduction; personal and data privacy; Privacy Act 1988 (Cth)
Day 2: Cyber regulation and implementation; Critical Infrastructure Act 2018 (Cth); preparing for cyber incidents
Day 3: Cyber governance and incident response; corporate governance; directors' duties; responding to cyber indicdents
Day 4: Cybercrimes and investigation; the Criminal Code (Cth); international conventions; digital forensics and analysis
Day 5: Cyber conflict; law of armed conflict; state responsibility; use of force

The University's policy on Assessment for Coursework Programs is based on the following four principles:

Assessment must encourage and reinforce learning.
Assessment must enable robust and fair judgements about student performance.
Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
Assessment must maintain academic standards.

Assessment Summary

Assessment item	% of final mark	Dates	Length	Individual or Group Activity?	Redeemable?	Learning Outcomes
Class participation	10	5-9 Sept	NA	Individual	N	3, 4, 5, 6
Group presentation on problem question	10	5-9 Sept	NA	Group	N	3, 4, 5, 6
Written answer to problem question 1	15	14 Sept	1000 words	Individual	N	2, 3, 4, 6
Written answer to problem question 2	15	20 Sept	1000 words	Indivdual	N	2, 3, 4, 6
Research Essay	50	24 Oct	3000 words	Individual	N	1, 2, 3, 4, 6

Assessment Related Requirements

None

Assessment Detail

Class participation: The course will spend considerable time discussing legal and ethical issues associated with cyber security and cyber conflict and their application to specific fact scenarios. There will be ample opportunity for students to engage individually, in groups and in whole-class discussion on the issues covered.

Group presentation on problem question: On each day of the course there will be one or more group problem solving activities requiring the application of cyber security and cyber conflict law to fact scenarios. Groups will have the opportunity to present their answers to the class and to explain their legal reasoning. If, in the opinion of the course coordinator, any student has failed to contribute appropriately to their group, they will incur a marks penalty that adjusts their mark for this item of assessment to a level commensurate with their contribution.

Written answer to problem questions 1 & 2: Students will select two of the group problem solving activities to develop into short, independently written answers.

Research Essay: Students will be free to design any relevant (and approved) topic they would like. Selected possible topics will be presented progressively through the course for consideration. All topics must be approved by the course coordinator, preferably by the last day of the course.

Submission

All assessments will be submitted and monitored through text or code comparative software (e.g. Turnitin) where possible.

Students will be provided with submission instructions as part of the assessment instructions for each item of assessment which will be made available on MyUni.

ASSIGNMENT EXTENSION APPLICATION
Requests for extensions must be made electronically according to law school policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

Late Submission Penalties: When an assessment is submitted after the due date, without an extension, 5% of the total mark possible will be deducted for every 24 hours or part thereof that the assignment is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

Word Length Penalties: 5% of the total mark possible for a written assessment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 3,000 word essay graded at 63% will have 5% deducted if it is between 3,001 and 3,100 words long for a final mark of 58%. If the essay is between 3,101 and 3,200 words long, 10% will be deducted for a final mark of 53%, etc. Word limits include all words in the text, in headings, in quotations, but exclude citations in footnotes. Any separate cover page, table of contents, bibliography or list of sources is excluded from the word limit. If the word limit is misstated, this may be regarded as academic dishonesty.

Course Grading

Grades for your performance in this course will be awarded in accordance with the following scheme:

M10 (Coursework Mark Scheme)
Grade	Mark	Description
FNS		Fail No Submission
F	1-49	Fail
P	50-64	Pass
C	65-74	Credit
D	75-84	Distinction
HD	85-100	High Distinction
CN		Continuing
NFE		No Formal Examination
RP		Result Pending

Further details of the grades/results can be obtained from Examinations.

Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

Final results for this course will be made available through Access Adelaide.

Student Feedback

The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.
Student Support
The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider. The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program
Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support
The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
Academic Integrity
All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
Fraud Awareness

Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator