Cyber Security and the Law (LAWS90266)

Graduate courseworkPoints: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
July
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Cyber security is becoming increasingly important with recent statistics suggesting that cybercrime cost around US$8.4 trillion globally in 2022 and is expected to grow to US$23.8 trillion by 2027.  

Addressing cyber security is an urgent and critical task for the government, the economy, and the protection of people’s rights. In response to the growing number and scale of cyber security incidents, there has been an increase in regulation imposed on both public and private sector entities and it is this regulation which is explored in this subject. 

While lawyers are essential in navigating and responding to this shifting and complex digital landscape, company executives and advisers working in cyber security also gain enormous benefit in understanding the risks and complexities in the way the law applies.  

This subject will examine the framework of laws regulating cyber security and the tensions that must be balanced in addressing cyber security risk, both for governments and private sector organisations. It will review the intersection of data security objectives and privacy rights and the ways these objectives are sometimes aligned and sometimes diametrically opposed. 

The subject will look at the several overseas jurisdictions to assess the patterns in international regulation of cyber security and consider possible future developments, both in Australia and around the globe. 

Indicative list of principal topics:

  • Introduction to cyber security. What is cyber security? What are the threats? What are the specific cyber security risks?
  • Overview of current international legislative frameworks for regulating cyber security.
  • The Australian legislative framework for regulating cybersecurity.
  • Cyber security as a corporate governance issue.
  • Cyber security risk assessments and reporting.
  • The legal issues raised by the occurrence of a cyber security incident
  • Cyber security issues in the finance, health and telecommunications sectors
  • The impact and requirements of Security of Critical Infrastructure Act 2018 (Cth)
  • The privacy implication of data security breaches.
  • Contractual allocation of cyber security risks.
  • Cyber warfare.

The focus of the subject is on the cyber security obligations of owners of critical infrastructure and controllers of data, especially personal information covered by privacy laws. The subject does not directly cover public international law obligations of state parties, cyber security in the military context, or any criminal liability of those perpetrating cybercrimes.

Intended learning outcomes

A student who has successfully completed this subject should be able to:

  • Analyse and explain the key principles in the law relating to cyber security in Australia and comparable jurisdictions;
  • Identity the key cyber security legal risks arising in relation to a given public or private sector organisation;
  • Discuss the cyber securities issues arising in the finance, health and telecommunications sectors; and
  • Prepare a response to relevant regulatory authorities following the occurrence of a cyber security incident.

Generic skills

  • Have the cognitive and technical skills to generate critical and creative ideas, and to critically evaluate existing legal theories, principles and concepts;
  • Have the communication skills to clearly articulate and convey complex information regarding legal issues to relevant specialist and non-specialist audiences;
  • Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the legal field;
  • Be able to critically examine, analyse, interpret and assess the effectiveness of the current and proposed laws;
  • Have a sophisticated appreciation of the factors and processes driving the regulation; and
  • Have the ability to apply learnings to diverse practical settings.

Last updated: 4 March 2025

Eligibility and requirements

Prerequisites

None

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers. 

Inherent requirements (core participation requirements)

The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.

Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home

Last updated: 4 March 2025

Assessment

DescriptionTimingPercentage

Class participation and presentations

Throughout the teaching period30%

Written reflective assignment

  • 1000 words (total)
During the teaching period30%

Written Research Task

  • 2000 words
20 August 202540%
Hurdle requirement: A minimum of 75% attendance is required.N/A

Additional details

Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.

Last updated: 4 March 2025

Quotas apply to this subject

Dates & times

  • July
    Principal coordinatorJonathan Gill
    CoordinatorSarah Daniell
    Mode of deliveryOn Campus (Parkville)
    Contact hours3
    Total time commitment150 hours
    Pre teaching start date25 June 2025
    Pre teaching requirementsPlease refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. 
    Teaching period23 July 2025 to 29 July 2025
    Last self-enrol date30 June 2025
    Census date25 July 2025
    Last date to withdraw without fail 5 September 2025
    Assessment period ends10 October 2025

    July contact information

    Teaching staff:  

    Jonathan Gill (Subject Coordinator)  
    Sarah Daniell 
      
    For current student enquiries, contact the Law School Academic Support Office  

What do these dates mean

Visit this webpage to find out about these key dates, including how they impact on:

  • Your tuition fees, academic transcript and statements.
  • And for Commonwealth Supported students, your:
       -  Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
     

    Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.

Additional delivery details

Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.

Last updated: 4 March 2025

Further information

Last updated: 4 March 2025