Articles

 

Why two-factor authentication isn’t secure 

Date: 30 August 2019
Author: Lloyd Gallagher

Publication: ADLSI Law News – issue 30, 30 August 2019, page 10

Genre: Law & Technology; Law

Abstract

Two-factor authentication (2FA), an extra layer of protection beyond username and password, has been heralded as a saviour for data protection in an increasingly insecure world. But how secure is it really?

The dangers of “do it yourself” AI 

Date: 29 August 2018
Author: Lloyd Gallagher

Publication: ADLSI Law News – issue 29, 29 August 2018, page 8

Genre: Law & Technology; Law

Abstract

Today, the world of artificial intelligence or AI has taken centre stage in much of the world media, with headlines suggesting AI has the ability to solve everyday computing problems have become the norm in any given month.

VOIP fraud and the Telecommunications Act 2001 

Date: 25 August 2017
Author: Lloyd Gallagher

Publication: ADLSI Law News – issue 29, 25 August 2017, page 12

Genre: Law & Technology; Law

Abstract

Over the past year, New Zealand has seen a considerable rise in fraudulent telephone calls that use Voice Over IP (VOIP) technology. These calls are generally originated offshore by a party which obtains a New Zealand number that it then routes into its VOIP PBX (a “VOIP PBX” is essentially a computer running a VOIP PBX software, such as “freePBX”, that allows for the translation of the VOIP number to the standard telephone network).

Analytics and e-discovery 

Date: 31 March 2017
Author: Lloyd Gallagher

Publication: ADLSI Law News – issue 9, 31 March 2017, page 3

Genre: Law & Technology; Law

Abstract

With modern data collection and recording of information has come a dramatic rise in the volumes of documents that are potentially discoverable during trial.

Voice biometrics and banks – will your money be safe? 

Date: 2 December 2016
Author: Lloyd Gallagher

Publication: ADLSI Law News – issue 43, 2 December 2016, page 5

Genre: Law & Technology; Law

Abstract

Speaker recognition (commonly called “voice biometrics”) offers fast, convenient security,
but how secure is it? Scammers today are using a range of clever techniques to gain access to information, including voice recording using Voice over Internet Protocol (VOIP) technology (also
known as “voice phishing”), to gain access to personal information. This form of “sampling technology” is likely to see a rise in scammers overrunning voice biometric security using your
actual voice and information in playback in order to fool banks.

TECHNOLOGY INNOVATIONS CHANGING THE LEGAL LANDSCAPE 

Date: 21 October 2016
Author: Lloyd Gallagher

Publication: ADLSI Law News – issue 37, 21 October 2016, page 1

Genre: Law & Technology; Law

Abstract

Today, lawyers are bombarded with technological innovations designed to improve access and efficiency. The online world presents lawyers with new challenges in
privacy and data protection, as well as in their practice before the courts. These innovations can be exciting for some but bewildering for others. As new innovations like online dispute resolution and online courts come into their own, benefits are apparent but challenges to counsel also arise.

Electronic vs digital signatures – the same thing? 

Date: 26 August 2016
Author: Lloyd Gallagher

Publication: ADLSI Law News – issue 29, 26 August 2016, page 10

Genre: Law & Technology; Law

Abstract

The increase of electronic transactions has driven the need for clear confirmation of engagement. From signing for courier deliveries to general form contracts, electronic signatures have become the normal practice for business. But are these legal? Can they properly bind parties? And who will be liable when things go wrong?

Consequences of mistake under the new IRD online systems 

Date: 3 June 2016
Author: Lloyd Gallagher

Publication: ADLSI Law News – issue 17, 3 June 2016, page 4

Genre: IRD, TAX, Law & Technology; Law

Abstract

The Inland Revenue Department (IRD) has advised that, over the next six years, it intends to implement a range of online services to better serve the public and reduce compliance costs (http://www.ird.govt.nz/transformation/media-communications/video-updates/). While these changes should be applauded, several issues arise due to the current legislated form.

Cyber Law Conference 2016 – Publication 

Date: May 2016
Author: Lloyd Gallagher

Publication: ADLSI NZLS – Cyber Law Conference 2016, May 2016, at 79 – 100

Genre: Cloud Computing and Law Firms

Abstract

Cloud computing is fast changing the way we handle information. The cost savings and ease of access makes Cloud computing not only a tempting technology, but one companies
often rush into without looking at the full range of issues associated with offsite data storage…

This article will focus on repeating some of my earlier articles on Cloud Computing with the aim of providing a background to issues that will be extended upon within the conference.

CLOUD COMPUTING – SHOULD WE MOVE? 

Date: 4 December 2015
Author: Lloyd Gallagher

Publication: ADLSI Law News – issue 43, 4 December 2015, Front page

Genre: Cloud Computing; Law & Technology; Law

Abstract

This is the last in a series of articles on Cloud computing which has appeared in Law News over the past few months.

Topics covered include what to consider when
looking to move to Cloud services, law firm duties, privacy, security, taxation, access and lockouts (see Issue 27, 14 August 2015, Issue 32, 18 September 2015, Issue 37, 23 October 2015 and Issue 40, 13 November 2015).

This final article looks at whether a move to the Cloud is right for your firm or client, what options are available and what alternatives can
be implemented to get the same service, without falling into the difficulties…

Cloud computing – access and lock-ins 

Date: 13 November 2015
Author: Lloyd Gallagher

Publication: ADLSI Law News – issue 40, 13 November 2015 at page 3

Genre: Cloud Computing; Law & Technology; Law

Abstract

Continuing the recent series of articles on Cloud computing which has appeared in Law News over recent weeks (see Issue 27, 14 August 2015, Issue 32, 18 September 2015
and Issue 37, 23 October 2015), this article looks at issues of outages and lock-ins – what happens when things go wrong with the Cloud.

CLOUD COMPUTING – PRIVACY AND SECURITY 

Date: 23 October 2015
Author: Lloyd Gallagher

Publication: ADLSI Law News – issue 37, 23 October 2015, Front page

Genre: Cloud Computing; Law & Technology; Law

Abstract

Continuing the recent series of articles on Cloud computing which has appeared in Law News over recent weeks (see Issue 27, 14 August 2015 and Issue 32, 18 September
2015), this article looks at the professional duties imposed on law firms relating to privacy and security when adopting a Cloudbased system.

Technology and the law – going paperless 

Date: 9 October 2015
Author: Lloyd Gallagher

Publication: ADLSI Law News – issue 35, 9 October 2015 at page 5

Genre: Cloud Computing; Law & Technology; Law

Abstract

Discussion document with Don Thomas – A recent article by Lloyd Gallagher, entitled “Cloud computing – electronic retention and tax reporting” (Law News Issue 32, 18
September 2015), has prompted some discussion. Set out below are some letters between Don Thomas of New Lynn and the article’s author, Lloyd Gallagher. It should be noted that, appropriately, the entire discussion took place via email!

Cloud computing – electronic retention and tax reporting 

Date: 18 September 2015
Author: Lloyd Gallagher

Publication: ADLSI Law News – issue 32, 18 September 2015 at page 3

Genre: Cloud Computing; Law & Technology; Law

Abstract

Following on from the introductory article on Cloud computing in the recent special “Technology & Law” edition of Law News (Issue 27, 14 August 2015), this article looks
at the implications of tax reporting and document retention when clients or firms adopt Cloud-based services.

Windows 10 – privacy issues 

Date: 4 September 2015
Author: Lloyd Gallagher

Publication: ADLSI Law News – issue 30, 4 September 2015 at page 4

Genre: Cloud Computing; Law & Technology; Law

Abstract

Windows 10 launched on 29 July 2015 with 14 million devices reported to have since adopted the new operating system (OS). However, a close inspection of the OS revealed a number of privacy issues due to the data reporting systems that are on by default.

Introduction to Cloud Computing. 

Date: 14 August 2015
Author: Lloyd Gallagher

Publication: ADLSI Law News – Issue 27, 14 August 2015 at page 12

Genre: Cloud Computing; Law & Technology; Law

Abstract

Cloud computing is fast changing the way we handle information. The cost savings and ease of access makes Cloud computing not only a tempting technology, but one companies
often rush into without looking at the full range of issues associated with offsite data storage.

ODR Evolution: A discussion of Online Disputes Resolution, from self-regulation to consumer safety. 

Date: 20 August 2013
Author: Lloyd Gallagher

Genre: Alternative Disputes Resolution; Online Disputes Resolution; Law

Abstract

There are a number of issues related to Online Disputes Resolution (“ODR”) that prevent parties from seeing the system as reliable and enforceable. Authors since 2005 have speculated and discussed the possible need for regulation of ODR to help parties gain assurance from the process. However, these authors are also quick to point out the jurisdictional problems associated with such regulation. Other authors have argued that self-regulation is perfectly adequate and that the public need to simply trust in the process; while others still have focused on the flexibility of the environment through what they call “Soft law”, non-binding solutions that help to get systems on the road quickly. Regardless of how authors have framed the issues, ODR has proven that it is here to stay and that it provides significant benefits for the resolution of problems.

This paper will focus on those benefits and how the law already provides a structure for parties to be bound by the settlement they create. Further, it will attempt to evolve the regulation argument and deal with a solution to the jurisdictional issues discussed by many of the leading authors in the field.

Gaming Business Communities 

Date: 5 November 2012
Author: Lloyd Gallagher

Genre: Communication; Leadership; Gamification

Abstract

This paper explores, through observation and testing, what possibilities from gaming can be extended into other realms of human interaction to help bring people together, extend education, and grow business. It uses through action learning within the safety of the virtual world within Massively Multiplayer Online Games. Further, I explore how the world of online gaming provides opportunity to train a wide range of skills through extending Revans’ (1980) learning equation and action inquiry methodology. This equation and methodology are deployed in relation to a gaming community to see if the theories could produce strong relationships within organisations and examine what learning, if any, is achievable.

I also investigate the potential for changes in business (e.g., employee and customer relationships) through involvement in the gaming community as a unique place to implement action learning. The thesis also asks the following questions on a range of extended possibilities in the world of online gaming: What if the world opened up to a social environment where people could discuss their successes and failures? What if people could take a real world issue and re-create it in the safe virtual world to test ways of dealing with it? What education answers can the world of online gaming provide?

Gaming Change 

Date: 5 June 2012
Author: Lloyd Gallagher

Genre: Communication; Media; Leadership

Abstract

This paper will focus on gaming environment strategies and how these strategies can benefit transformational leaders’ in developing international core relationships with teams in a global organisation. To start, I will review internet strategies generally used by business to interact with customers. This review will inform us how these customer-focused strategies influence many leaders’ implementation of specific team building strategies. I will then discuss the pros and cons of such an endeavour with specific focus on the affects in global organisations. Next, I will look the internet
gaming environment, the perceptions associated with the word gaming, and how internet gaming can be a positive influence to cohesive team relationships. To end, I will look at the business advantage of internet gaming for global team building, how it creates positive effects for organisational culture, and its flow on effect to customer retention.

Comprehending Television news. 

Date: 5 December 2012
Author: Lloyd Gallagher

Genre: Communication; Media; Leadership

Abstract

This paper focuses on the current research into television news media and investigates what, if any, research has been conducted specifically towards Television news influence. Further, while I may play with the questions posed above, it is not this papers intention to answer them. Instead, it is my intention to review the media research undertaken and see if further research is required.

I will begin with an overview of the meaning of media discourse then look at the definition of media effects theory. I have chosen media effects theory as it provides a basis for how the current research has been approached (Potter, 2011). This will allow me to review how current theories of reasoning have developed in the field of media influence and what media research has concluded. This research focuses on how news media discourse interacts with individual cognitions and the possible effect this may have on business leaders and policy makers. I will conclude with some analysis and options for future research on how mass media effect can be reduced.

Are Clean Slates in New Zealand Undermined by the Internet? 

Date: 18 June 2011
Author: Lloyd Gallagher

Genre: Clean Slate Law

Abstract

Despite the good intentions of the CSA this dissemination continues to result in eligible ex-offenders being refused employment due to employers’ finding these Court reports on the internet. Discrimination of this sort, however, is not a breach of the CSA requirements. This is because the CSA is designed to conceal the records based on disclosure and request. Searching and finding the information from the internet is not classified as an offence as the information was not disclosed within the defined parameters of the CSA.

Further, as these judgments where disclosed lawfully by the Ministry of Justice at a time before the ex-offender was eligible, the CSA is powerless to prevent the resulting discrimination. Accordingly, once the judgment has been published to the internet, where it can be freely archived and disseminated across internet boarders as a public record, the judgment is no longer subject to the jurisdictional controls of the CSA and, therefore, provides no temporal limit as to the discriminatory effects. The aim of this article is to investigate the reach of the CSA and whether it has created an environment of discrimination contrary to New Zealand’s international human rights obligations.

GST on Internet sales. 

Date: 6 February 2011
Author: Lloyd Gallagher

Genre: Cyberlaw; Taxation

Abstract

The growth of the internet market place is incredible. Over the past decade there has been an explosion of businesses exposing their commerce to online customers resulting in governments considering options of internet taxation. The arguments have wide ranging legal consequence from administration to enforcement and questions arise as to whether the current tax structure can cope with an imposition of consumption tax, such as Goods and Services Tax (GST), in this emerging commerce environment. Further, if consumption tax is imposed on internet sales what affect will this have on the global market and consumers? This paper will focus on a review of GST in the current New Zealand landscape, in relation to Internet commerce with imports and exports, with a look at the practical issues of imposing consumption tax, from a New Zealand perspective with GST, on internet goods.

Punishment should fit the crime, not the criminal. 

Date: 6 February 2011
Author: Lloyd Gallagher

Genre: Criminology

Abstract

Utilitarian’s argue that punishment of crime serves to exclude some greater evil and augment the total happiness of the community. Jeremy Bentham put this argument as the general object which all laws have, or ought to have in common. Bentham suggests, “all punishment is a mischief: all punishment in itself is evil”, leaving society to weigh carefully the use of punishment over the mischief it serves to prevent. If punishment produces a greater evil, such as a violation of human rights or disproportionate sentence, than it seeks to exclude then have we truly prevented the mischief or have the punishers created a new victim becoming the offender?

This article explores some of the issues faced with youth offending and discusses where possible downfalls exist in a focus on punishment rather than long term strategies of education.

A Critical Analysis of the disputes resolution process under the Tax Administration Act 1994. 

Date: 6 September 2010
Author: Lloyd Gallagher

Genre: Taxation

Abstract

In 1996 parliament implemented changes to the Tax Administration Act 1994 (TAA) introducing the disputes resolutions process. The process was aimed at improving the accuracy of assessments, reduction of potential disputes and the resolution of disputes which arise through promotion of open and full communication between the Commissioner and taxpayers.This paper will discuss the affect that this has had on taxpayers and any difficulties that may arise.

Thematic Review: The Relevance of Emotional Intelligence (EI) in Negotiation, and its Application in Local Body Settings. 

Date: October 2009
Authors: Imelda Devaney
Lloyd Gallagher
Rosemary Hawkins
Hugh Read

Genre: Management Communications

Abstract

Ogilvie and Carsky (2002, p. 381) explain that recognition of emotion, as an integral part of negotiations, moves the study of negotiation “beyond early cognitive-focused approaches” and that the ability to understand emotion in negotiation increases the effectiveness of negotiation.  While positive emotion in negotiation has been a focus of study, Ogilvie and Carsky (2002) point out that until relatively recently, there was little published research that specifically examined the emotional processes of negotiation.  However, their article and other literature in this thematic review demonstrate that development in this area has occurred.  This thematic review provides a background understanding of the study of emotional intelligence and explores the relevance of emotional intelligence in the negotiation process.  The scope of this review also includes the application of emotional intelligence to negotiations in local body settings, discussed in the section prior to the conclusion.

Police Shootings: Justice for the victim or administrative law to protect government coffers. 

Date: December 2009
Authors: Lloyd Gallagher

Genre: Human Rights

Abstract

This article assesses the use of force, with a specific focus on the lethal force carried out by police, and the right to life. The actions of police often come under scrutiny for fair play and reasonableness. This is never more prominent than when the police have been involved in the shooting of suspect. In most instances the police have been found to be acting with all due care and, accordingly, have been protected from prosecution under s 160 of the Crimes Act 1961 (“the Crimes Act”) by s  48 of the Crimes Act for self-defence or defence of another. This was never more dominant a question than in the lengthy inquiry into the shooting of Steven James Wallace where the actions of the officers in resorting to lethal force, and claimed defence under s 48 of the Crimes Act, was tested for reasonableness. It was found that while s 48 of the Crimes Act provides a protection to officers carrying out their duty the Courts place limits as to the length to which s 48 protection will be provided. Where the force is ill-conceived, or unreasonable, then the individual may find that no protection is available under s 48 of the Crimes Act.This in turn may result in that person being held liable for culpable homicide as defined by s 160 of the Crimes Act. But what protection is provided when the burden of proof required, in the case of criminal prosecution, beyond reasonable doubt, finds an accused not guilty while questions remain around the reasonableness of the force used?

DisclaimerThese articles do not constitute legal advice. They are for informational and educational purposes only.