Monika Zalnieriute

Macquarie Law School

Senior Lecturer

6 First Walk

Sydney, New South Wales 2109

Australia

SCHOLARLY PAPERS

40

DOWNLOADS
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Top 16,617

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3,252

SSRN CITATIONS
Rank 31,183

SSRN RANKINGS

Top 31,183

in Total Papers Citations

16

CROSSREF CITATIONS

9

Scholarly Papers (40)

The Rule of Law and Automation of Government Decision-Making

Forthcoming, (2019) Modern Law Review, UNSW Law Research Paper No. 19-14
Number of pages: 27 Posted: 14 Mar 2019
Monika Zalnieriute, Lyria Bennett Moses and George Williams
Macquarie Law School, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 473 (66,980)
Citation 8

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rule of law, automation, machine learning, government decision-making, transparency, accountability, predictability, consistency, equality before the law

The Rule of Law and Automation of Government Decision‐Making

The Modern Law Review, Vol. 82, Issue 3, pp. 425-455, 2019
Number of pages: 31 Posted: 11 Apr 2019
Monika Zalnieriute, Lyria Bennett Moses and George Williams
Macquarie Law School, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 1 (754,621)
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2.

From Rule of Law to Statute Drafting: Legal Issues for Algorithms in Government Decision-Making

Forthcoming, Woodrow Barfield (ed), Cambridge Handbook on the Law of Algorithms (Cambridge University Press 2020), UNSW Law Research Paper No. 19-30
Number of pages: 30 Posted: 01 May 2019 Last Revised: 07 Feb 2020
Macquarie Law School, University of New South Wales (UNSW), University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and Australian National University (ANU)
Downloads 398 (82,468)

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rule of law, automation, algorithms, government decision making, statute drafting, judicial decision making, administrative decision-making, national security, law enforcement, transparency, accountability, administrative state

3.

Response to ‘Artificial Intelligence: Governance and Leadership’ White Paper Consultation

UNSW Law Research Paper No. 19-15
Number of pages: 10 Posted: 14 Mar 2019
University of New South Wales (UNSW), Faculty of Law, Students, University of New South Wales (UNSW) - Faculty of Law, Macquarie Law School, Xamax Consultancy Pty Ltd, UNSW Sydney, University of New South Wales (UNSW) - Faculty of Law, The University of Sydney Law School and Independent
Downloads 218 (156,175)

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Australian Human Rights Commission, Artificial Intelligence, automation, regulation, submission

4.

From Human Rights Aspirations to Enforceable Obligations by Non-State Actors in the Digital Age: The Case of Internet Governance and ICANN

Yale Journal of Law & Technology, 21 (2019) pp. 278 - 336. , UNSW Law Research Paper No. 19-8
Number of pages: 60 Posted: 13 Feb 2019 Last Revised: 09 Jan 2020
Monika Zalnieriute
Macquarie Law School
Downloads 148 (219,866)

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international law, human rights, digital rights, digital constitutionalism, Internet Governance and Internet Corporation for Assigned Names and Numbers, ICANN

5.

COVIDSafe App - Submission to the Parliamentary Joint Committee on Human Rights

UNSW Law Research
Number of pages: 7 Posted: 07 May 2020
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW), Faculty of Law, Macquarie Law School, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales, University of New South Wales (UNSW) - Faculty of Law and University of New South Wales, Faculty of Law
Downloads 140 (229,916)

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COVIDSafe, contact tracing app, Australia, COVID-19, Covid 19, Coronavirus, Corona virus, apps, privacy, human rights, Bluetooth, Biosecurity, pandemic

6.

Google LLC v. Commission Nationale de l’informatique et des Libertés (CNIL)

Forthcoming (2020) 114(2) American Journal of International Law, UNSW Law Research Paper No. 20-2
Number of pages: 14 Posted: 10 Jan 2020
Monika Zalnieriute
Macquarie Law School
Downloads 124 (252,665)
Citation 1

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Personal data, data protection, right to be forgotten, internet search engine operators, de-referencing of search results, territorial scope of application, data privacy, General Data Protection Regulation (EU), extraterritorial jurisdiction

7.

Technology and the Judicial Role

Forthcoming, Gabrielle Appleby and Andrew Lynch (eds), The Judge, the Judiciary and the Court: Individual, Collegial and Institutional Judicial Dynamics in Australia (Cambridge University Press, 2020), UNSW Law Research Paper No. 19-90
Number of pages: 22 Posted: 26 Nov 2019
Monika Zalnieriute and Felicity Bell
Macquarie Law School and The University of Sydney Law School
Downloads 114 (268,724)

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Technology, AI, Algorithms, Automation, Automated Decision-Making, Judiciary, Courts, Judges, Judicial Values, Online Courts, Transparency, Accountability, Impartiality, Diversity.

8.

Does Australia Need a Comprehensive Facial Recognition System?

UNSW Law Research Paper No. 19-71
Number of pages: 21 Posted: 12 Sep 2019
Genna Churches, Monika Zalnieriute and Lyria Bennett Moses
University of New South Wales (UNSW), Faculty of Law, Macquarie Law School and University of New South Wales (UNSW) - Faculty of Law
Downloads 114 (272,147)

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identity matching, bio-metric data base, government surveillance, privacy, facial recognition

9.

The Anatomy of Neoliberal Internet Governance: Queer Critical Political Economy Perspective

Otto, Dianne (ed), International Law: Possibilities, Alliances, Complicities and Risks, Routledge, 2017 Forthcoming
Number of pages: 30 Posted: 09 Jan 2017
Monika Zalnieriute
Macquarie Law School
Downloads 110 (275,572)

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LGBT Rights; Internet Governance; Critical Political Economy; Queer Internet Studies; Communications

10.

An International Constitutional Moment for Data Privacy in the Times of Mass-Surveillance

International Journal of Law and Information Technology, 2015, 0, 1–35
Number of pages: 35 Posted: 15 Feb 2016
Monika Zalnieriute
Macquarie Law School
Downloads 101 (292,272)
Citation 1

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11.

Law and Technology in the Dimension of Time

Forthcoming, Sofia Ranchordas and Yaniv Roznai (eds) Time, Law and Change: An Interdisciplinary Study (Hart Publishing, 2020), UNSW Law Research Paper No. 19-75
Number of pages: 22 Posted: 01 Oct 2019
Lyria Bennett Moses and Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law and Macquarie Law School
Downloads 93 (308,324)
Citation 1

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law, technology, social values, technological design, socio-legal change, time, future

12.

When a ‘Like’ is not a ‘Like’: A New Fragmented Approach to Data Controllership

(2020) 83(4) Modern Law Review 861, UNSW Law Research Paper No. 20-7
Number of pages: 27 Posted: 11 Feb 2020 Last Revised: 08 Jul 2020
Monika Zalnieriute and Genna Churches
Macquarie Law School and University of New South Wales (UNSW), Faculty of Law
Downloads 75 (351,090)

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data protection, data privacy, cookies, General Data Protection Regulation, Court of Justice of European Union, EU, data controller, joint data controllership, consent, data processing, Facebook, marketing, data-driven marketing

13.

Response to Issues Paper on Human Rights and Technology

UNSW Law Research Paper No. 19-12
Number of pages: 11 Posted: 24 Mar 2019
University of New South Wales (UNSW), Faculty of Law, Students, University of New South Wales (UNSW), Faculty of Law, Students, Xamax Consultancy Pty Ltd, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, UNSW Sydney, University of New South Wales (UNSW) - Faculty of Law and Macquarie Law School
Downloads 75 (351,090)
Citation 1

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Human Rights Commission, Technology, Human Rights, AI, Surveillance, Censorship, Internet rights, regulation, Australian law

14.

ICANN's Procedures and Policies in the Light of Human Rights, Fundamental Freedoms and Democratic Values

Council of Europe, DGI(2014)12
Number of pages: 53 Posted: 01 Oct 2015
Monika Zalnieriute and Thomas Schneider
Macquarie Law School and Council of Europe
Downloads 68 (370,401)

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ICANN, Internet Governance, Human Rights, Data Protection, Freedom of Expression

15.

A Groundhog Day in Brussels: Schrems II and International Data Transfers

Verfassungsblog, 16 July 2020, UNSW Law Research Paper No. 20-31
Number of pages: 8 Posted: 03 Aug 2020 Last Revised: 21 Aug 2020
Genna Churches and Monika Zalnieriute
University of New South Wales (UNSW), Faculty of Law and Macquarie Law School
Downloads 65 (388,548)

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Data protection, privacy, GDPR, international data transfers, human rights, contracts, Schrems, Facebook, national security, surveillance, PRISM, EU, USA

16.

The Necessity for Binding Human Rights Obligations for Private Actors in the Digital Age: A Submission to the UN Human Rights Council on New and Emerging Technologies

UNSW Law Research Paper No. 19-81
Number of pages: 6 Posted: 18 Oct 2019
Monika Zalnieriute
Macquarie Law School
Downloads 63 (388,548)

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international human rights law, binding obligations, business and human rights, digital rights, new technologies, algorithms, AI, digital constitutionalism, Internet platforms, privatisation of human rights

17.

Artificial Intelligence: Australia’s Ethics Framework Submission to the Department of Industry, Innovation and Science

UNSW Law Research Paper No. 19-40
Number of pages: 8 Posted: 07 Jun 2019
Monika Zalnieriute and Olivia Gould-Fensom
Macquarie Law School and University of New South Wales (UNSW) - Faculty of Law
Downloads 63 (385,384)
Citation 1

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AI, Automation, Algorithms, Government, Public Law, Rule of Law, Ethics, Transparency, Accountability, Predictability, Consistency, Equality Before the Law

18.

Submission to the UNHCR’s Global Virtual Summit on Digital Identity for Refugees ‘Envisioning a Digital Identity Ecosystem in Support of the Global Compact on Refugees’

UNSW Law Research Paper No. 19-31
Number of pages: 4 Posted: 01 May 2019 Last Revised: 11 May 2019
Western Sydney University, University of New South Wales, Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, Macquarie Law School, University of Oxford - Faculty of Law and University of New South Wales (UNSW) - Faculty of Law
Downloads 58 (401,485)

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international humanitarian law, refugees, international law, international refugee law, digital identity, UN Refugee Agency

19.

Australia’s 2020 Cyber Security Strategy Submission to the Department of Home Affairs

UNSW Law Research Paper No. 19-87
Number of pages: 8 Posted: 20 Nov 2019
University of New South Wales (UNSW), Faculty of Law, Students, University of New South Wales (UNSW), Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and Macquarie Law School
Downloads 52 (422,196)

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cyber security literacy, cyber security, ICT, education, human rights, cyberliteracy, consumers, Privacy Act, Australia

20.

ICANN's Corporate Responsibility to Respect Human Rights

Article 19: Global Campaign for Free Expression, 2015
Number of pages: 16 Posted: 01 Oct 2015
Monika Zalnieriute
Macquarie Law School
Downloads 47 (440,872)

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ICANN, Internet Governance, Human Rights, Data Protection, Freedom of Expression

21.

Human Rights Rhetoric in Global Internet Governance: New ICANN Bylaw on Human Rights

Forthcoming (2020) 10 Harvard Business Law Review, UNSW Law Research Paper No. 20-6
Number of pages: 40 Posted: 07 Feb 2020
Monika Zalnieriute
Macquarie Law School
Downloads 46 (444,711)

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International human rights law, Internet Governance, global governance, Internet regulation, transnational regulation, human rights, corporate and social responsibility, self-imposed commitments, business and human rights, domain names, internet law, technology law, digital constitutionalism

22.

Internet Architecture and Human Rights: Beyond the Human Rights Gap

Forthcoming (2019) 11(1) Special Issue: ‘Internet Architecture and Human Rights’ Policy & Internet , UNSW Law Research Paper No. 19-10
Number of pages: 12 Posted: 19 Feb 2019 Last Revised: 22 Feb 2019
Monika Zalnieriute and Stefania Milan
Macquarie Law School and University of Amsterdam
Downloads 45 (448,696)
Citation 1

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Internet governance, human rights, IGF, ICANN, Internet architecture, DNS, civil liberties

23.

Reconceptualizing Intersectionality in Judicial Interpretation: Moving Beyond Formalistic Accounts of Discrimination on Islamic Covering Prohibitions

Berkeley Journal of Gender, Law and Justice, 2020, UNSW Law Research Paper No. 20-01
Number of pages: 30 Posted: 12 Jan 2020 Last Revised: 30 Apr 2020
Monika Zalnieriute and Catherine Weiss
Macquarie Law School and RMIT University
Downloads 43 (456,909)

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Intersectionality, Discrimination, Islamic Covering, France, Prohibitions, Human Rights, Decolonial Theory, Post-Colonial Theory, Feminist Theory, Freedom of Religion, Harmful Cultural Practices, Harmful Traditional Practices, Anti-Racism, Radical Feminist Theory, United Nations Human Rights Committ

24.

'Contracting Out' Human Rights in International Law: Schrems II and the Fundamental Flaws of U.S. Surveillance Law

Harvard International Law Journal Online (2020), UNSW Law Research Paper No. 20-44
Number of pages: 9 Posted: 28 Aug 2020
Genna Churches and Monika Zalnieriute
University of New South Wales (UNSW), Faculty of Law and Macquarie Law School
Downloads 42 (461,035)

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Data protection, privacy, GDPR, international data transfers, human rights, international law, contracts, Privacy Shield, Schrems, Facebook, national security, surveillance, PRISM, EU, USA

25.

Beyond the Governance Gap in International Domain Name Law: Bringing the UDRP in Line with Internationally Recognized Human Rights

Stanford Journal of International Law Vol. 56, No. 1, 2020, pp. 79-122
Number of pages: 44 Posted: 07 Feb 2020 Last Revised: 26 Jun 2020
Monika Zalnieriute
Macquarie Law School
Downloads 42 (461,035)

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International human rights law, Internet Governance, global governance, Internet regulation, UDRP, trademarks, trademark law, human rights law, corporate and social responsibility, freedom of expression, domain names, internet law, business and human rights, intellectual property

26.

The Promise and Potential of Transgovernmental Cooperation on the International Data Privacy Agenda: Communicative Action, Deliberative Capacity and Their Limits

Computer Law & Security Review 32 (2016) 31–54
Number of pages: 24 Posted: 15 Feb 2016
Monika Zalnieriute
Macquarie Law School
Downloads 42 (461,035)

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International Data Privacy, Data Protection, Deliberative Theories, Communicative Action, Transgovernmental Networks, Data Protection Authorities

27.

The Instrumentality of Metadata Access Regime For Suppressing Political Protests In Australia

I·CONnect (Blog Post), 4 August 2020) , UNSW Law Research Paper No. 20-50
Number of pages: 6 Posted: 04 Sep 2020
Genna Churches and Monika Zalnieriute
University of New South Wales (UNSW), Faculty of Law and Macquarie Law School
Downloads 41 (465,229)

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Protests, climate change, Black Lives Matter, chilling effect, location data, metadata, right to protest, freedom of expression, freedom of association, anonymity, democracy, Australia

28.

Response to Issues Paper on Data Sharing and Release

UNSW Law Research Paper No. 19-13
Number of pages: 5 Posted: 14 Mar 2019
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales, Faculty of Law, University of New South Wales, Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, UNSW Sydney, University of New South Wales (UNSW) - Faculty of Law and Macquarie Law School
Downloads 41 (465,229)

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Response to Issues Paper on Data Sharing and Release, Data Sharing and Release, Australia, Law, data, ethics, privacy

Developing a European Standard For International Data Transfers After Snowden: Opinion 1/15 on the EU-Canada PNR Agreement

(2018) 81(6) Modern Law Review 1046, UNSW Law Research Paper No. 19-6
Number of pages: 16 Posted: 07 Feb 2019 Last Revised: 25 Apr 2019
Monika Zalnieriute
Macquarie Law School
Downloads 37 (493,661)

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data protection, privacy, PNR, international data transfers, international relations, EU law

Developing a European Standard for International Data Transfers after Snowden: Opinion 1/15 on the Eu‐Canada PNR Agreement

The Modern Law Review, Vol. 81, Issue 6, pp. 1046-1063, 2018
Number of pages: 18 Posted: 19 Nov 2018
Monika Zalnieriute
Macquarie Law School
Downloads 2 (740,493)
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data protection, privacy, PNR, international data transfers, international relations, EU law

30.

Review of the Effectiveness of the Telecommunications Legislation Amendment (International Production Orders) Bill 2020 (‘IPO Bill’)

UNSW Law Research Paper No. 20-17
Number of pages: 9 Posted: 01 Jun 2020
University of New South Wales (UNSW), Faculty of Law, UNSW Law, Macquarie Law School and University of New South Wales (UNSW) - Faculty of Law
Downloads 33 (501,676)

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Metadata, Intelligence, CLOUD Act, US, Australia, Telecommunications Interception, Telecommunications Legislation Amendment (International Production Orders) Bill 2020

31.

Submission Telecommunications Data Retention Review

UNSW Law Research Paper No. 19-51 (2019)
Number of pages: 12 Posted: 30 Jul 2019
David Vaile, Shavin Wijeyaratne, Genna Churches and Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW), Faculty of Law, Students, University of New South Wales (UNSW), Faculty of Law and Macquarie Law School
Downloads 33 (501,676)

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metadata, telecommunications data, data retention, data retention scheme, CGNAT, proportionality, privacy

32.

NSW Needs a Strong Mandatory Data Breach Scheme: Submission to Inquiry into NSW Adopting a Mandatory Reporting Scheme for Data Breaches

UNSW Law Research Paper No. 19-69
Number of pages: 28 Posted: 29 Aug 2019 Last Revised: 19 Sep 2019
Genna Churches, Monika Zalnieriute and Graham Greenleaf
University of New South Wales (UNSW), Faculty of Law, Macquarie Law School and University of New South Wales, Faculty of Law
Downloads 32 (506,687)

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Data breach, Privacy Act, Mandatory notification, GDPR, Privacy, NSW

33.

Submission to the OHCHR Thematic Report to the United Nations General Assembly on Digital Technology, Social Protection and Human Rights

UNSW Law Research Paper No. 19-41
Number of pages: 11 Posted: 15 Jun 2019
Macquarie Law School, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) and University of New South Wales (UNSW), Faculty of Law, Students
Downloads 30 (516,931)

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Technology, Social Protection, Robo-Debt, Automation, Algorithms, Government, Public Law, Rule of Law, Transparency, Accountability, Predictability, Consistency, Equality Before the Law

34.

Digital Rights of LGBTI Communities: A Roadmap For A Dual Human Rights Framework

In B Wagner, et al (eds), Research Handbook on Human Rights and Digital Technologies (Edward Elgar, 2019), UNSW Law Research Paper No. 19-7
Number of pages: 24 Posted: 12 Feb 2019 Last Revised: 07 May 2020
Monika Zalnieriute
Macquarie Law School
Downloads 30 (516,931)

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LGBTI, digital rights, digital technology, human rights, censorship and surveillance

35.

The Privacy and Data Protection Regulatory Framework for C-ITS and AV Systems Report for the National Transport Commission

Report for the National Transport Commission, 2nd July 2018, UNSW Law Research Paper No. 19-11
Number of pages: 130 Posted: 04 Mar 2019 Last Revised: 03 May 2019
David Vaile, Monika Zalnieriute and Lyria Bennett Moses
University of New South Wales (UNSW) - Faculty of Law, Macquarie Law School and University of New South Wales (UNSW) - Faculty of Law
Downloads 29 (522,292)

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National Transport Commission, NTC, Cooperative Intelligent Transport Systems, C-ITS, AV systems, automated vehicle systems, Personal information, Sensitive Information

36.

Submission to the Data Sharing and Release Legislative Reforms Discussion Paper

UNSW Law Research Paper No. 19-79
Number of pages: 5 Posted: 10 Oct 2019
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW), Faculty of Law, University of New South Wales (UNSW), Faculty of Law, Students and Macquarie Law School
Downloads 20 (577,155)

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government data sharing, privacy, data privacy, data release, Australia, public service

37.

Reinvigorating Human Rights in Internet Governance: The UDRP Procedure Through the Lens of International Human Rights Principles

Columbia Journal of Law and Arts, Vol 43, p 197 - 235 (2020), UNSW Law Research Paper No. 20-8
Number of pages: 40 Posted: 12 Feb 2020
Monika Zalnieriute
Macquarie Law School
Downloads 19 (583,798)

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international human rights law, internet governance, global governance, transnational regulation, Internet regulation, UDRP, trademarks, trademark law, human rights law, corporate and social responsibility, right to a fair trial, due process, right to property, domain names, internet law

38.

Submission to the Inquiry into Victorian Anti-Vilification Laws

UNSW Law Research Paper No. 20-3
Number of pages: 6 Posted: 05 Feb 2020 Last Revised: 30 Apr 2020
Lyria Bennett Moses, Siddharth Narrain and Monika Zalnieriute
University of New South Wales (UNSW) - Faculty of Law, University of New South Wales (UNSW) - Faculty of Law and Macquarie Law School
Downloads 19 (583,798)

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vilification, anti-vilification, vilification online, hate speech online, free speech, freedom of expression, discrimination, law enforcement, racial justice, gender justice, LGBTI, Victoria

39.

Submission to Review of the Mandatory Data Retention Regime Prescribed by Part 5-1A of the Telecommunications (Interception and Access) Act 1979 (CTH) (‘TIA Act’)

UNSW Law Research Paper No. 19-46, 2019
Number of pages: 24 Posted: 09 Jul 2019
Monika Zalnieriute and Genna Churches
Macquarie Law School and University of New South Wales (UNSW), Faculty of Law
Downloads 17 (596,847)

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data retention, metadata, mandatory data retention scheme, right to privacy, data protection, expectation of privacy, warrant, Digital Rights Ireland, Tele2 Sverige, personal information, location data

40.

Supplementary Submission to Review of the Mandatory Data Retention Regime prescribed by Part 5-1A of the Telecommunications (Interception and Access) Act 1979 (Cth) (‘TIA Act’)

UNSW Law Research Paper No. 20-11
Number of pages: 12 Posted: 11 Mar 2020
Genna Churches and Monika Zalnieriute
University of New South Wales (UNSW), Faculty of Law and Macquarie Law School
Downloads 9 (652,690)

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data protection, data privacy, cookies, General Data Protection Regulation, Court of Justice of European Union, EU, data controller, joint data controllership, consent, data processing, Facebook, marketing, data-driven marketing