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LEGAL409 Law and New  Technologies

Media Analysis Assignment:

Parameters and Format:

  • Submit through Moodle.
  • Maximum word length: 2,000 words (not including bibliography but includes footnotes)
  • Use New Zealand Law Style for statute, case law, reports and secondary sources that you are referring to as authority or as reference for the reader.
  • Include both footnotes and a bibliography

You are to identify a new technology to form the basis of  your  assignment  _ talk to Wayne or see this week’s PowerPoint for ideas.

 The assignment has four parts:

1. You are to give an explanation of the technology, you can assume that I have some knowledge of the technology  but try to explain it as clearly as possible

2. You are to identify the legal issues that arise from the use of that technology.  

3. You are to identify and describe the current NZ legislation and/or case law that applies to the technology if any and select and identify the legal position in one other jurisdiction.

4. Identify any gaps or weaknesses in the current NZ legal approach relating to the issues raised in the article – including any recommendations to improve the current situation.

Solution:

INTRODUCTION

5G is the most recent “generation” of mobile technology. Since the introduction of the first mobile phones in the late 1980s, technological innovation has attracted a lot of attention. Our transmission has changed with each new generation (or technology). The advantage of a simple mobile phone is the same as new configured ones. 2G generation announced new technologies, a broader variety of voice options, and compact data (media) controls. Third-generation (3G) mobile technology has been adopted for handsets as well as mobile data management (data). This is data security at a higher speed and with fewer constraints than the 3G network’s next-generation (4G or Long-Term Evolution (LTE)). The 3G network in New Zealand presently supports voice control. However, because many mobile phones are equipped with this technology, voice control can always be switched from LTE to Voice over (VoLTE) 4G.

During urban and suburban competitions, our public service companies set government costs for their management. This allows consumers in the province to take advantage of the difference between sellers in large business portfolios.

Depending on their existing networks, present phone suppliers will gradually implement 5G technology to deliver public services. On an average, a 4G network management layer will be included in the 5G network. In addition to the 4G and 5G network models, the network hub must be regulated, only if a single 5G network is handled by another service provider. As a result, the cost of moving the 5G network will increase.

LEGAL ISSUES 

5G technology will have a significant impact on many aspects of our society, including social, contemporary, medical, environmental, financial, and economic effects. This posed significant legal and regulatory issues for the IT industry.

5G is covered by various Luxembourg and European Regulations with different considerations, in particular, the Communications and Electrical Regulations of 27 February 2011 (as amended) and the Radio Control Act of 30 May 2005 (as amended) Privacy Act (as amended)) (e-Privacy Act). As a step to improve the security of process data, this Policy is based on 2016/679 (EU) Law on the Protection of Individuals for the Execution of Personal Data in Electronic Communications, the Information Protection Act of May 30, 2005 (Information Protection Act), the Network and NIS Regulation of May 28, 2019, and the Competition Rules of October 23, 2011. Particular concern is the requirement of “network hacking” technology under Rule 2015/2120, which sets out measures for open access to the Internet (EU) to ensure fairness and justice for the website.[1]

Other legislation, such as the 2018/1971 (EU) Policy, which established the European Electronic Communications Regulatory Authority, is also applied at the European and Luxembourg levels following the provisions and interests of 5G principles and developments. Mobile Phones Regulation (EU) 531/2012, Guidelines 2014/53/ backs on the Consensus of the EU Member States’ Law on the access to  mobile devices, translated in Luxembourg by the Law of Azerbaijan.[2] Measures to reduce the cost of transporting firewood in Luxembourg, 27 June 2016, focusing on those controlled by the Laws of 22 March 2017. The Interior Law of 24 May 2011, as well as the Law of 8 April 2014/61 / EU Directive, (EU) No 2019/452 EU Directive on Open Procurement.

428/2009 in the Development Union translates criteria for direct surveillance of military interests in the Union, (EC) 428/2009. Non-European countries’ are subject to control, dual-use, transit, and protection (EU).[3]

CURRENT NEW ZEALAND LEGISLATION

Huawei was barred from selling 5G network equipment in Australia in 2018. Huawei had previously pledged to build submarines to provide the Solomon Islands and Papua New Guinea with better internet connectivity, but Australia had opted to unify an important framework by 2018.

New Zealand, which is a member of the Five Eyes data-trading network alongside Australia owns Huawei 5G device interoperability.In 2018 Spark owners  and Samsung Electronics of South Korea preferred 5G network suppliers by November 2021. The Financial Conflict is an example of an unlawful act aimed at the government. Organizations, and individuals who wish to engage in illegal acts alternatively have to face the courts. The Health Committee delivered its report to the Director-General of Health, along with a proposal from the Ministries of Health, Environment, and Business, Innovation, and Employment to combine several key data and presentations. Access to Russian Federation territory has been banned by the Ministry of Health. They are following the suggestions of a full study and justification of the findings by non-profit health care organisations. The New Zealand Standard NZS 2772.1: 1999 has been accepted by the Department of Health. Part 1 of Radio Frequency Areas: Maximum breakpoints range from 3 kHz to 300 GHz. These advancements are consistent with WHO recommendations from 1998, which established the organization’s independence and timeliness to the rest of the world. Many countries have completed these advances made by WHO. Following the Privacy Policy, mobile phone administrators must monitor the content of the Standard.[4] The meeting was held with the working group. WHO determined at the 2019 conference that no new results from the final meeting required any revisions to the existing agreement.

Spark New Zealand has formally conveyed its views to the Director-General of the Federal Security Administration on the application procedure for completing 5G in compliance with the 2013 Communications and Security Policy requirements. The particular request includes sending the Huawei 5G smartphone to a managed 5G Radio Access Network (RAN) that includes technology applicable to the Spark base station.

During filming, Spark’s suggestion to return the Huawei 5G device to a Spark-controlled 5G RAN will improve public safety. Spark cannot produce or break Huawei RAN memory on a managed 5G network, according to TICSA. Spark hasn’t had much of a chance to look into the primary concerns that went into the main sponsorship selection. Spark will investigate the nature of the occurrence in future as per feedback. While the underlying ideas outlined by the New Zealand Government may disappoint Spark, they are convinced that their decision will have no bearing on the choice. Their goal is to have Spark’s 5G network operational by July 1, 2020. [5]

The European Commission has resolved to allow members extra time to adopt the 5G AB Toolbox’s recommendations and to choose security choices like firewall that are specific to their countries.

It is clear that Article 148, paragraph 2 of the Romanian Constitution. Only EU law and the strength of the EU are more important than civil law. For this situation, the instructions in the 5G AB Toolbox must be followed by citizens within the existing EU and state standards.[6]

RECOMMENDATION

Conversations around 5G cause constant stress on the financial and political aspects of the data of interest to a certain extent and also the risk of corruption. Our analysis demonstrates that one has various concerns based on the topics and concepts stated at public hearings between mid-2018 and mid-2019. In management, approximately 5G security is critical. Huawei’s move into the adjacent business sector has been a major source of frustration in the EU and FVIR states. Given that 5G developers perceive public speaking as a risk management issue or a risk that cannot be fully influenced by government decisions.[7]

The New Zealand market appears limitless, which contrasts sharply with the tactics required to maintain connections. The media has questioned whether the New Zealand market is a 4G network or whether 5G integration is the best option. Due to network security issues, the United States is still considering a single 5G network.

The mobile industry is integrated into many countries. In New Zealand, some collaborative efforts have been made in the management of the Legal Broadband Initiative, a national and remote public service provider. However, competition occurs at the sales level between our public retailer and the smaller state retailer.[8] There are many resources in New Zealand to make 5G available on companies’ websites. Every mobile operator wants to build its own 5G network and compete at the polar level.

The 1986 Trade Act and the 2001 Telecommunications Act both allowed the joint venture employed for the second phase of the Legal Broadband Initiative. Each stage in the process of establishing a public 5G network must be approved. A study on the competitive landscape in the mobile market was recently released by Mobile Marketing Company. For this report as survey has been scheduled to understand the issues with current networks[9]

The New Zealand Border Declaration will be revised in 2022. The New Zealand 5G model and the issues clearly defined in New Zealand server as the foundation for the confidentiality of new international proposals. The model has not yet taken effect. This is promising since it indicates that the new viewpoint was not conveyed without any unexpected outcomes. New global technologies are improving high-frequency (more than 6 GHz) content to ensure the security of new applications required and making several other minor changes to help breakpoints in the application. The Institute reviewed the ICNIRP 2020 Guidelines and determined that following them will provide security comparable to NZS 2772.1: 1999. WHO said there were restrictions on access to health research, as the users cannot stop using mobile phones and that is a hindrance to any research. If research shows that this is not harmful to health, the analysis will be wrong.[10]

CONCLUSION

The organisation does not yet have a complete list of countries that have banned 5G owing to health concerns. Even though Switzerland, Japan, and Brussels have all petitioned for a 5G ban, Switzerland has a major 5G network, Japan has an extra 5G, and Brussels is negotiating with the government.

In an attempt to protect public morals and security, New Zealand is at high risk of violating the norms and values. The significant impact of the email industry, which has a major impact on the public sector and New Zealand’s international operations, and the slow pace of technology, work that can be done with most 5G improvements.[11]

However, further development is needed for the transformation of healthcare: integration with the new 5G radio and penetration must go through the latest generation of communication. As more central stations are required to cover smaller areas, the use of mobile phones and remote gadget networks and poles will generally increase. These will also expand e-commerce. An additional 5G aperture is required.

After being barred from building 5G infrastructure in New Zealand, Huawei denied posing a national security threat, claiming that “it has been delivering wireless networks in Australia and New Zealand for over 15 years.” There are expected to be up to 50 users on 4G networks equal to three TV parts each second.

It is also anticipated to “link gadgets” by offering mobile connection to autonomous vehicles and equipment, allowing more people to network without connecting to the network.

Until 2022, New Zealand  will be able to use 5G.

Huawei has argued that with or without them being involved in New Zealand’s 5G rollout the technology will be made in China and banning it would “decimate” the industry, slowing network upgrades and lowering competition. Whether they form a joint venture or not, Huawei claims that New Zealand’s 5G application technology will be created.

REFERENCES

Gwynne, Peter, “Debate Rises Over 5G Impact On US Weather Forecasting” (2019) 32(7) Physics World

Wilson, Peter and Cosmo Anderson, “Embedded Legal Information Professionals: Challenges And Opportunities” (2016) 16(4) Legal Information Management

“Areness – Law & Beyond”, Arenesslaw.Com (Webpage, 2022) <https://www.arenesslaw.com/opinions/effects-of-5g-on-the-healthcare-sector>

“Cellsites And 5G”, Ministry Of Health NZ (Webpage, 2022) <https://www.health.govt.nz/your-health/healthy-living/environmental-health/radiation-environment/cellsites-and-5g>

“Five Ways 5G Is Pushing The Boundaries Of Law”, Apperio.Com (Webpage, 2022) <https://www.apperio.com/blog/five-ways-5g-pushing-boundaries-of-law>

“GCSB Declines Spark’S Proposal To Use Huawei 5G Equipment”, Sparknz. Co.Nz (Webpage, 2022) <https://www.Sparknz.co.nz/news/GCSB_declines_Spark_proposal_Huawei/>

Guha, Ishita, “Govt To Refresh Laws Before 5G Rollout”, Mint (Webpage, 2022) <https://www.livemint.com/industry/telecom/govt-to-refresh-laws-before-5g-rollout-11615141845898.html>

Measures, Catastrophe et al, “Research Paper Publishing – IJSER, Volume 11, Issue 4, April 2020”, Ijser.Org (Webpage, 2022) <Https://Www.Ijser.Org/Research-Paper-Publishing-April-2020.Aspx>

Zealand, Radio, “Preparing For 5G In New Zealand”, Radio Spectrum Management New Zealand (Webpage, 2022) <https://www.rsm.govt.nz/projects-and-auctions/current-projects/preparing-for-5g-in-new-zealand/>

“5G Questions And Answers”, Ministry Of Health NZ (Webpage, 2022) <https://www.health.govt.nz/your-health/healthy-living/environmental-health/radiation-environment/cellsites-and-5g/5g-questions-and-answers>


[1] “Five Ways 5G Is Pushing The Boundaries Of Law”, Apperio.Com (Webpage, 2022) <https://www.apperio.com/blog/five-ways-5g-pushing-boundaries-of-law>.

[2] Peter Gwynne, “Debate Rises Over 5G Impact On US Weather Forecasting” (2019) 32(7) Physics World.

[3] Catastrophe Measures et al, “Research Paper Publishing – IJSER, Volume 11, Issue 4, April 2020”, Ijser.Org (Webpage, 2022) <Https://Www.Ijser.Org/Research-Paper-Publishing-April-2020.Aspx>.

[4] Ishita Guha, “Govt To Refresh Laws Before 5G Rollout”, Mint (Webpage, 2022) <https://www.livemint.com/industry/telecom/govt-to-refresh-laws-before-5g-rollout-11615141845898.html>.

[5] “Areness – Law & Beyond”, Arenesslaw.Com (Webpage, 2022) <https://www.arenesslaw.com/opinions/effects-of-5g-on-the-healthcare-sector>.

[6] Radio Zealand, “Preparing For 5G In New Zealand”, Radio Spectrum Management New Zealand (Webpage, 2022) <https://www.rsm.govt.nz/projects-and-auctions/current-projects/preparing-for-5g-in-new-zealand/>.

[7] Radio Zealand, “Preparing For 5G In New Zealand”, Radio Spectrum Management New Zealand (Webpage, 2022) <https://www.rsm.govt.nz/projects-and-auctions/current-projects/preparing-for-5g-in-new-zealand/>.

[8] Catastrophe Measures et al, “Research Paper Publishing – IJSER, Volume 11, Issue 4, April 2020”, Ijser.Org (Webpage, 2022) <Https://Www.Ijser.Org/Research-Paper-Publishing-April-2020.Aspx>.

[9] “Cellsites And 5G”, Ministry Of Health NZ (Webpage, 2022) <https://www.health.govt.nz/your-health/healthy-living/environmental-health/radiation-environment/cellsites-and-5g>.

[10] Peter Wilson and Cosmo Anderson, “Embedded Legal Information Professionals: Challenges And Opportunities” (2016) 16(4) Legal Information Management.

[11] “GCSB Declines Spark’S Proposal To Use Huawei 5G Equipment”, Sparknz. Co.Nz (Webpage, 2022) <https://www.sparknz.co.nz/news/GCSB_declines_Spark_proposal_Huawei/>.

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