written by eleanor borgelt and phillipa cole
What is tech law?
Technology law refers to an emerging area of law that is continuously becoming relevant in our rapidly changing world. A fairly new term, technology law encompasses all laws pertaining to the way in which individuals, businesses and the government are able to interact with technology. While this may seem broad, the ambit of technology law covers the subsets of the areas of law that involve technology. This includes the subsets of intellectual property and contract law that pertain to technology law. For example, trademarks within the context of technology, and contract law within the context of software license agreements are both understood under the umbrella of technology law.
Clients seeking advice on technology law matters may include:
Entrepreneurs and researchers
E-commerce or other general businesses implementing new technologies in their operations. Technology lawyers may help negotiate contracts and licensing agreements.
Technology businesses selling software products may seek advice on the protection of their products.
Work as a technology lawyer may also involve investigating data breaches and providing security advice. Continue reading to learn more!
Philip Magness
Lawyer at Corrs, Chambers Westgarth
Phil is one of Australia's leading forensic technology practitioners and is currently the National Forensic Technology Manager at Corrs Chambers Westgarth. He has a unique background involving policing and digital forensic investigation, and uses his expertise to help clients with investigating data breaches, evidence preservation, litigation support and IT security due diligence, among other things.
Interview
How did you become a technology lawyer?
I was a police officer with the Australian Federal Police (AFP) for 17 years, including 10 years working in digital forensics. Whilst completing the JD at Monash, I moved to Corrs as the National Forensic Technology Manager, setting up the forensics practice and working with the Corrs Cyber team. Following admission into legal practice, my role extended to working as a lawyer in the Technology, Media and Telecommunications (TMT) practice group.
What are some interesting aspects of your work?
As part of my forensic and cyber roles, I assist clients in investigate and remediate data breaches, provide security advice, investigate workplace misconduct matters and gather evidence in commercial litigation and IP matters. Our cyber offering includes lawyer led incident response to serious data breach matters, providing both technical and legal support to clients. This work is usually reactive and Corrs is a pioneer in the use of in-house technical specialists in this client facing role.
My TMT work is varied and interesting and includes IT contracting, privacy advice, due diligence review and any form of advice where data is at the core of the matter. We provide advice to local and overseas companies on the Australian legal landscape.
What does a typical day in the life of a technology lawyer look like?
This depends on the matters that arise, but a TMT day would typically be providing advice on a particular matter, reviewing documents, responding to questions from clients and working with other lawyers in the team. The forensic role typically deals with issues as they occur, which are often urgent and sensitive. Another important aspect of my work is business development, which involves meeting clients, researching their business needs and writing articles on topical issues.
“A general tip for all students who wish to enter a commercial firm is to try to develop some commercial knowledge; to allow an understanding of a client’s legal issue within a broader commercial context. ”
Are there any electives you would recommend students study if they are interested in technology and the law?
I would recommend students take any elective that relates to privacy or technology and the law that may be available at their university. It is also not mandatory to have experience in IT but having an IT degree or any background in that field may be looked upon favourably. A lot of what we do also involves contracts and IP – so electives that involve enhanced learning in these areas would be beneficial. A general tip for all students who wish to enter a commercial firm is to try to develop some commercial knowledge; to allow an understanding of a client’s legal issue within a broader commercial context.
Are there any extra-curricular activities you would recommend?
I would recommend that students attend free events at university that are run by experts in the field that they are interested in. The knowledge they will share with you is important for learning beyond your studies. The Law Institute of Victoria also runs similar events that you can attend to learn from experts. I also recommend following law firms on LinkedIn and other forms of social media and being aware of articles they post about recent judicial decisions, government reports and legislative changes. All of these are good for building your knowledge.
What do you think is the most exciting development in technology and the law?
There a few exciting developments in technology and the law. One of these is artificial intelligence, and its use beyond document review alone. Blockchain is another current and emerging technology that is likely to be increasingly used in contracting and financial exchange. Lastly, a continued focus on privacy is likely to undergo further development, particularly following the release of the Digital Platforms Inquiry Report by the ACCC this year. This follows continued government focus on privacy, such as the Notifiable Data Breach regime in Australia and the GDPR in Europe. This has enhanced responsibilities on companies that handle their customer’s personal data.
Suggested Electives/experience
Students interested in pursuing a career in Technology Law would benefit from engaging with the following Monash electives and opportunities:
Electives:
Introduction to Intellectual Property (LAW4703)
Copyright and designs (LAW4341)
Patents, trade marks and unfair competition (LAW4342)
Experience:
Attend LIV events or events at uni to gain knowledge from different experts
Gain a general understanding of commerce and business
IN THE NEWS
Artificial Intelligence Is Having A Profound Influence On Technology Law (hauteliving, 2020)
Michael Puyanic writes on the likely effects of Artificial Intelligence on the legal industry in the future
“Artificial intelligence has quickly been entering the legal industry since the inclusion of Coronavirus in our daily lives. With its growing presence, lawyers and those who rely on the legal profession to make a living; are concerned with how COVID-19 and AI technologies will disrupt, change, and affect the legal world for years to come.”
Facial recognition technology is expanding rapidly across Australia. Are our laws keeping pace? (THE CONVERSATION, 2020)
Rick Sarre writes on the increasing use of facial recognition technology in Australia.
“The use of facial recognition technology by immigration authorities (for example, in the channels at airports for people with electronic passports) and police departments is authorised by law and therefore subject to public scrutiny through parliamentary processes.”
TikTok threatens legal action against Trump US ban (bbc, 2020)
“TikTok is threatening legal action against the US after Donald Trump ordered firms to stop doing business with the Chinese app within 45 days.”
learn more about technology law
VIDEO: Peter Coroneos talks with The Hon Michael Kirby about technology, internet and the law (itwire, 2019)
Peter Coroneos, the former CEO of the Internet Industry Association, and organiser of the 30th Anniversary of the Internet Gala Dinner, spoke with The Hon Michael Kirby AC CMG about technology, internet and the law.
The Financial Technology Law Review 2019: Australia (Gilbert and Tobin, 2019)
A review on the implications that technology may have on the finance sector, including consideration of AI and blockchain, and their interaction with regulation.