A few more questions...

[Kez]

Howdy again,

I have a few questions regarding seperate issues that may possibly become one thing soon in my life, and I would like to know the legality's on a few topics. I've presented an idea to some friends in the Security industry, yet they are very much hazy on the legality of a few things we are planning on presenting into public domain... Sure some of the stuff may be a bit trivial and be a little "What the hell are you even bothered with this stuff for"... but we'd rather be safe than sorry...

I've searched typical key words on that Austlii site, but nothing that explains my queries has surfaced...

Also, please excuse me if I've used the wrong terminology anywhere throughout this. I'm not that well acquainted with some of the legal terms...

Disclaimers:

What qualifies as a proper disclaimer??

Say I make a video that can instruct people in things that can be used illegally within Australia, and if they get caught in some countries, may possible lead to them getting the death penalty, or get them life imprisonment. I'm mainly worried about a legally sound disclaimer that would hold up in court within Australia, so what would qualify as a proper disclaimer?

Would me standing in front of the camera saying "The techniques presented in this video are highly illegal, and if performed without permission from government institutions or the company's you perform these techniques on, can result in lift imprisonment, and in some countries, the death penalty. If you perform any of the following techniques or procedures, you are doing so at your own risk. This video is purely for educational purposes only". Or some form of text on the screen stating the same thing with links to the Articles within the corresponding laws?

Industrial Espionage:

If you are caught, you are going to jail either way, but what are the sentence times within Australia if you are caught performing acts of Industrial Espionage? And what area of law are they covered under? And are there any specific statutes that relate back to performing acts of Industrial Espionage?

E-Crime:

What E-Crime laws are there within Australia? I know the US have the DMCA and other assorted Digital Crimes laws, but all I can think of that is related to illegal computer usage is the invasion of peoples privacy, which I know is covered within Australia.

I do know that all you guys give is advice and that I should consult a lawyer in person too :), which is what I will be doing once I get over my TAFE studies this semester, just in the mean time I'm planning ahead.

Cheers

[Hired Goon]

I'm no law talkin guy, but as far as I understood (regarding the disclaimer), if you're condoning something illegal, it doesn't matter what you say - you can get in trouble cos it's illegal. For example, standing up and saying "poisoning people is illegal, and you may go to prison as a consequence so it's at your own risk, but here's how you would do it" doesn't absolve you of the act. Not sure of the specifics, but I guess you'd get charged with inciting people to do it (assuming somebody followed your instructions). Makes sense considering if people could just put a "disclaimer" on stuff that is blatantly illegal, well, it'd be pretty scarey.

Lawyer sorts? what say ye?

[Aurelius]

The law regarding "incitement" to commit a crime includes "facilitation and instruction" as well as encouragement. And it needn't be all of them, just one.
For example, I was done for sending an email to people telling them that a website had a security flaw. I didn;t tell anyone to do anything, I simply advised of a gap in security, for which I was charged with incitement to commit a crime (ie, I remain the only person charged with incitement to alter data on a computer).
So making a video explaining how something is done, and that something being an illegal act, remains a crime.

[ShinymetalASS]

You can create a disclaimer but can still be held liable.... ahh fuckit I was going to post a detailed response but its Friday anf I've had a cunt of a week.

Sorry, blame the wankers.... I mean bankers.

[Pagey]

umm, what kind of a video are you going to make???

snuff porn?

[eeefreak]

are you going to make something cool as fuck like the broken (http://www.thebroken.org) and get some random aussie muslim to do the "Hacking with Ramzi" segment???

that would be sweeeeeeet :)

[sperm]

blah blah blah blah .......... ahh fuck ........ blah blah blah ....I was going response ........ blah blah blah .... I've a cunt .... blah blah.

blah blah blah .... wank.... blah blah

sorry, thats all I read ...... :D