Legal Technologies

Social Media Analysis

We can analyse the spread and distribution of social media content for defamation claims, online harassment matters, and other disputes involving digital communications. Under the Uniform Defamation Law applicable across (most) Australian states and territories, we can help demonstrate the serious harm requirement by analysing reach, engagement, and the spread of harmful content across platforms.

We have the capability to also conduct automated sentiment analysis at scale (e.g. to compare before and after a defamatory remark or post was made), as well as the use of other recognised metrics to analyse a large number of posts.

Our analysis can also support in matters under the Online Safety Act 2021 (Cth), including content removal requests and civil penalty proceedings. In an appropriate case, we may also be able to assist with criminal defence (e.g. in a case brought under 'Hate Speech' Laws).

Example Questions We Can Address

• What was the reach and engagement of the disputed content?
• How far did the content spread across platforms and over what timeframe?
• What was the nature of the replies to a post and did it qualitatively impact someone's reputation?
• Can the content be attributed to a specific user or account?
• Is it reasonable to suggest the content incited violence.

Algorithm Auditing

Reliably investigating the performance of AI systems is challenging, being an area of active research. We can investigate potential biases and whether a system has a risk of producing particular types of decision-making error. This is increasingly relevant in discrimination cases, consumer protection matters, and regulatory investigations.

We focus on conducting empircial analysis using appropriate performance metrics, or by providing a critique of evidence offered by your opponent. This is important, because the majority of AI performance evaluations (even in the academic literature!) have critical methodological errors in them.

Example Questions We Can Address

• Does an AI system produce outcomes that disadvantage a protected group?
• Does an AI system give weight to inappropriate factors in its decision making?
• What is the real world recognition performance of a AI system

Public Policy Analysis

We can provide expert analysis to inform policy development, legislative review, and regulatory decision-making. This includes assessing the genuine technological feasibility of proposed regulations, evaluating the likely impact of policy changes, and advising on how these provisions might be revised.

Example Questions We Can Address

• Is the proposed regulation technologically feasible to implement?
• What are the real-world limitations of a particular interactive system?
• Are there unintended consequences might arise from the policy which are not immediately apparent?

Usability Evaluation

We provide expert assessment of user interface design and user experience in legal disputes involving software products, websites, and digital services. This can be relevant in consumer protection matters (e.g. a s.18 claim), cases concerning human error (e.g. did someone accidentally post something to LinkedIn?), and cases involving alleged system design defects.

We will apply established principles from cognitive ergonomics to assess whether a design meets reasonable user expectations and industry standards. We can evaluate any available interactive system.

Example Questions We Can Address

• Does the interface meet industry usability standards?
• Were users likely to be confused or misled by the design?
• Did the design contribute to user errors or harm?
• What would a reasonable user expect from this interface?

Accessibility Evaluation

We assess digital products and services for accessibility compliance under the Disability Discrimination Act 1992 (Cth) and relevant state legislation. This includes evaluation against WCAG guidelines and other accessibility standards.

Our evaluations can support discrimination claims, regulatory investigations, or proactive compliance efforts. We identify accessibility barriers and provide clear recommendations for remediation, helping organisations meet their legal obligations to provide equal access.

Example Questions We Can Address

• Does the digital product comply with WCAG accessibility guidelines?
• What barriers prevent users with disabilities from accessing the service?
• Are there reasonable adjustments that could be made to improve accessibility?
• Does the organisation's digital presence meet its legal obligations under disability discrimination law?