Eric Holm | Federation University Australia (original) (raw)
Books by Eric Holm
Textbook, 2009
A Contract Law Workbook is a workbook designed to assist students in understanding the introducto... more A Contract Law Workbook is a workbook designed to assist students in understanding the introductory material related to contract. It will facilitate a deeper level of understanding of the practical application of contract law.
Features:
A series of core contract law topics covered in brief, followed by a set of questions, both hypothetical and multiple choice, to enable students to apply their newly developed skills to practical hypothetical problems and theory questions;
Hypothetical scenarios which develop as the workbook progresses, allowing the student to be able to ’get to know’ the parties to the agreements and to reflect upon how these circumstances may occur in business and personal scenarios. This helps students to relate to such actions/inactions in their own lives now and into their professional lives beyond university;
Convenient note taking sections have been included at the end of each chapter so students can make notes during lectures or in relation to the work they have completed; and
A final revision chapter covers all topics, assisting students in their exam preparation. Answer guides, available as PDFs, have been written for each chapter for use by lecturers.
The tutorial-type questions can be used to help lecturers and tutors save valuable preparation time.
Papers by Eric Holm
for 15 years. While at APL he built GPS receivers and
International Journal of Information Security and Cybercrime, 2017
This paper considers how the darknet has emerged as a passageway for identity theft. The paper id... more This paper considers how the darknet has emerged as a passageway for identity theft. The paper identifies the darknet as a means of facilitating the distribution of identification particulars and how this contributes toward identity theft. The paper considers the part of the darknet as an enabler in the distribution of information related to offending in identity crime and as a passive contributor toward identity crimes.
International Journal of Cyber-Security and Digital Forensics, 2016
International Journal of Cyber-Security and Digital Forensics, 2014
The relationship between data breaches and identity crime has been scarcely explored in current l... more The relationship between data breaches and identity crime has been scarcely explored in current literature. However, there is an important relationship between the misuse of personal identification information and identity crime as the former is in many respects the catalyst for the latter. Data breaches are one of the ways in which this personal identification information is obtained by identity criminals, and thereby any response to data breaches is likely to impact the incidence of identity crime. Initiatives around data breach notification have become increasingly prevalent and are now seen in many State legislatures in the United States and overseas. The Australian Government is currently in the process of introducing mandatory data breach notification laws. This paper explores the introduction of mandatory data breach notification in Australia, and lessons learned from the experience in the US, particularly noting the link between data breaches and identity crime. The paper proposes that through the introduction of such laws, identity crimes are likely to be reduced.
While some of the common law duties relating to the employment relationship are governed by statu... more While some of the common law duties relating to the employment relationship are governed by statute, other common law duties remain points of contention particularly following the recent unravelling of the work choices framework. Despite the best intentions of the government, at the time, it would seem that many of the core positions undertaken under the work choices framework, represented key positions rather than suggested guidelines. 14 Interestingly it had most application to those parties which were not regulated by an industrial instrument that stipulates the conditions and remuneration of employment.
ABSTRACT This paper discusses the unique challenges of responding to identity crime. Identity cri... more ABSTRACT This paper discusses the unique challenges of responding to identity crime. Identity crime involves the use of personal identification information to perpetrate crimes. As such, identity crime involves using personal and private information to for illegal purposes. In this article, the two significant issues that obstruct responses to this crime are considered. These are first, the reporting of crime, and second the issue of jurisdiction. The paper also presents an exploration of some responses to identity crime.
This paper explores the vulnerability of social network users to identity theft when they share p... more This paper explores the vulnerability of social network users to identity theft when they share personal identification information online. The sharing of details like age, sex, address and other personal information like photographs can assist in establishing an identity. Identity criminals exploit social network users and the weaknesses of social networking sites to gather the information needed to commit identity theft and identity fraud using this identification information. While there are mechanisms that can reduce the incidence of this crime, information sharing on social networks is voluntary, which, makes its control difficult. This paper presents an exploration of existing literature from Australia, the United States and United Kingdom and highlights the importance of the relationship between social networking and identity crime. The drivers to sharing information on these platforms are considered. The paper provides opportunities to improve the understanding of the relationship between personal information and the crime. A difficulty in having preventative mechanisms in place is that social networking sites have a vested interest in promoting rather than preventing the sharing of information. Further, identity crime is pervasive which, makes the amelioration of risks difficult. In conclusion, efforts have been made in this paper to outline arguments that will assist in resolving the crime given vulnerability of social network users to identity theft.
Proceedings Title: 2012 International Conference on Cyber Security, Cyber Warfare and Digital Forensic (CyberSec), 2012
This paper discusses the unique challenges of regulating identity crime. Identity crime involves ... more This paper discusses the unique challenges of regulating identity crime. Identity crime involves the use of personal identification information to perpetrate crimes of fraud. As such, the identity crime involves using personal and private information to perpetrate crime. This article considers the two significant issues that obstruct responses to this crime; firstly, the reporting of crime. Secondly the paper considers the issue of jurisdiction. Finally, the paper explores some responses to this crime. The paper then explores some of the current responses to identity crime.
2014 Third International Conference on Cyber Security, Cyber Warfare and Digital Forensic (CyberSec), 2014
The relationship between data breaches and identity crime has been scarcely explored in current l... more The relationship between data breaches and identity crime has been scarcely explored in current literature. However, there is an important relationship between the misuse of personal identification information and identity crime as the former is in many respects the catalyst for the latter. Data breaches are one of the ways in which this personal identification information is obtained by identity criminals, and thereby any response to data breaches is likely to impact the incidence of identity crime. Initiatives around data breach notification have become increasingly prevalent and are now seen in many State legislatures in the United States and overseas. The Australian Government is currently in the process of introducing mandatory data breach notification laws. This paper explores the introduction of mandatory data breach notification in Australia, and lessons learned from the experience in the US, particularly noting the link between data breaches and identity crime. The paper proposes that through the introduction of such laws, identity crimes are likely to be reduced.
The use of problem solving models has been successfully applied and subject to evaluation in law ... more The use of problem solving models has been successfully applied and subject to evaluation in law school courses. However, the models have not been evaluated in terms of their application to law courses in which non-law (ie, business) students are involved. This paper ...
International Journal of Information Security and Cybercrime, 2015
This paper explores the challenges faced by victims of identity crime following their victimizati... more This paper explores the challenges faced by victims of identity crime following their victimization. It considers the impact of the crime on the victim and the many costs of the crime to them. The paper highlights the complicated pathways the victim faces to recovery and the aspects of reparation that fall short of supporting the many types of harm this crime causes victims. Lastly the paper postulates as to ways to avoid victimization and contemplates the issues pertaining to accuracy of data for the policy responses to identity crime.
This article discusses some of the key obstacles faced in the pedagogy of teaching legal problem ... more This article discusses some of the key obstacles faced in the pedagogy of teaching legal problem solving skills to non law students. The literature relating to the teaching of law identifies that the approach promoted to solve legal problems needs to be structured and logical. From a pedagogical standpoint the use of a structured approach allows the teacher to provide meaningful explanations of elements of law and relate the importance of these elements to practical situations thereby supporting deductive reasoning in legal problem solving. A structured approach to problem solving has two key benefits. Firstly, it allows the student to have clear goals. Secondly it also allows the student to feel comfortable that they have the available resources to complete their task. Marzano highlights problem solving as the process of overcoming limits or barriers that are in the way of achieving goals. Indeed, the need for a structured approach to legal problem solving is amplified where the students undertaking studies in law are non law students. Within law schools structured problem solving methods have been used for some time. These methods differ slightly but commonly take the form of Issues, Rules, Application, Conclusion (IRAC) or a similar format. However, in the context of teaching law to non law students within a business faculty, it seemed to the authors that the promotion of a singular structured technique for legal problem solving was not occurring. Indeed, it appeared to the authors that the choice of the methodology for problem solving was occurring in an ad hoc and individualistic manner. This paper considers the benefits of a singular structured legal problem solving technique being promoted to non law students for legal problem solving. To further this discussion this paper examines a pilot study that was conducted at Central Queensland University in 2007 to evaluate the usefulness of different approaches to legal problem solving. Overwhelmingly, the respondents to the pilot study, some 33 students, indicated their appreciation from having some structure to their approach to problem solving in law subjects.
This paper explores the vulnerability of social network users to identity theft facilitated by th... more This paper explores the vulnerability of social network users to identity theft facilitated by the information they share on social networking sites. While social networking presents new possibilities for friendships and the sharing of interests, at the same time it brings vulnerability through the outflow of personal information online. Identity criminals can exploit the weaknesses of social network users and social networking sites, effectively enabling the identity criminal to construct an identity from the information they obtain. The information gathered by an identity criminal can be used to establish identity, a powerful precursor to committing identity fraud. While there are preventative mechanisms that can reduce the incidence of this crime, information sharing on social networks is common and voluntary, which makes it difficult to control. While this paper presents an evaluation of existing work, further empirical research work is needed to understand the vulnerability of personal information on social networking sites. Social networking sites have a vested interest in promoting rather than preventing the sharing of information. In addition, identity crime is pervasive, which makes the amelioration of the risks difficult. In concluding this paper, efforts are made to point toward starting points that will assist in resolving this crime.
Computers & Security, 2013
ABSTRACT It is widely agreed that a large amount of information systems (IS) security incidents o... more ABSTRACT It is widely agreed that a large amount of information systems (IS) security incidents occur in the workplace because employees subvert existing IS Security Policy (ISSP). In order to understand the factors that constrain employees from deviance and violation of the organizational ISSP, past work has traditionally viewed this issue through the lens of formal deterrence mechanisms; we postulated that we could better explain employees' ISSP violation behaviours through considering both formal and informal control factors as well as through considering existing deterrence theory. We therefore developed a theoretical model based on both deterrence and social bond theories rooted in a social control perspective to better understand employee behaviour in this context. The model is validated using survey data of 185 employees. Our empirical results highlight that both formal and informal controls have a significant effect on employees' ISSP violation intentions. To be specific, employees' social bonding is found to have mixed impacts on the employee's intention to violate ISSP. Social pressures exerted by subjective norms and co-worker behaviours also significantly influence employees' ISSP violation intentions. In analyzing the formal sanctions, the perceived severity of sanctions was found to be significant while, perceived certainty of those sanctions was not. We discuss the key implications of our findings for managers and researchers and the implications for professional practice.
Technological evolution is changing the way in which financial services are produced and delivere... more Technological evolution is changing the way in which financial services are produced and delivered. The delivery of financial services has changed as the world has become a smaller place thanks to the worldwide networked infrastructure of the Internet. Indeed, the delivery ...
A Contract Law Workbook is a workbook designed to assist students in understanding the introducto... more A Contract Law Workbook is a workbook designed to assist students in understanding the introductory material related to contract. It will facilitate a deeper level of understanding of the practical application of contract law. ... * A final revision chapter covers all topics, assisting students in their ...
This paper discusses the unique challenges of responding to identity crime. Identity crime involv... more This paper discusses the unique challenges of responding to identity crime. Identity crime involves the use of personal identification information to perpetrate crimes. As such, identity crime involves using personal and private information to for illegal purposes. In this article, the two significant issues that obstruct responses to this crime are considered. These are first, the reporting of crime, and second the issue of jurisdiction. The paper also presents an exploration of some responses to identity crime.
International Journal of Information Security and Cybercrime, 2017
This paper considers how the darknet has emerged as a passageway for identity theft. The paper id... more This paper considers how the darknet has emerged as a passageway for identity theft. The paper identifies the darknet as a means of facilitating the distribution of identification particulars and how this contributes toward identity theft. The paper considers the part of the darknet as an enabler in the distribution of information related to offending in identity crime and as a passive contributor toward identity crimes.
Textbook, 2009
A Contract Law Workbook is a workbook designed to assist students in understanding the introducto... more A Contract Law Workbook is a workbook designed to assist students in understanding the introductory material related to contract. It will facilitate a deeper level of understanding of the practical application of contract law.
Features:
A series of core contract law topics covered in brief, followed by a set of questions, both hypothetical and multiple choice, to enable students to apply their newly developed skills to practical hypothetical problems and theory questions;
Hypothetical scenarios which develop as the workbook progresses, allowing the student to be able to ’get to know’ the parties to the agreements and to reflect upon how these circumstances may occur in business and personal scenarios. This helps students to relate to such actions/inactions in their own lives now and into their professional lives beyond university;
Convenient note taking sections have been included at the end of each chapter so students can make notes during lectures or in relation to the work they have completed; and
A final revision chapter covers all topics, assisting students in their exam preparation. Answer guides, available as PDFs, have been written for each chapter for use by lecturers.
The tutorial-type questions can be used to help lecturers and tutors save valuable preparation time.
for 15 years. While at APL he built GPS receivers and
International Journal of Information Security and Cybercrime, 2017
This paper considers how the darknet has emerged as a passageway for identity theft. The paper id... more This paper considers how the darknet has emerged as a passageway for identity theft. The paper identifies the darknet as a means of facilitating the distribution of identification particulars and how this contributes toward identity theft. The paper considers the part of the darknet as an enabler in the distribution of information related to offending in identity crime and as a passive contributor toward identity crimes.
International Journal of Cyber-Security and Digital Forensics, 2016
International Journal of Cyber-Security and Digital Forensics, 2014
The relationship between data breaches and identity crime has been scarcely explored in current l... more The relationship between data breaches and identity crime has been scarcely explored in current literature. However, there is an important relationship between the misuse of personal identification information and identity crime as the former is in many respects the catalyst for the latter. Data breaches are one of the ways in which this personal identification information is obtained by identity criminals, and thereby any response to data breaches is likely to impact the incidence of identity crime. Initiatives around data breach notification have become increasingly prevalent and are now seen in many State legislatures in the United States and overseas. The Australian Government is currently in the process of introducing mandatory data breach notification laws. This paper explores the introduction of mandatory data breach notification in Australia, and lessons learned from the experience in the US, particularly noting the link between data breaches and identity crime. The paper proposes that through the introduction of such laws, identity crimes are likely to be reduced.
While some of the common law duties relating to the employment relationship are governed by statu... more While some of the common law duties relating to the employment relationship are governed by statute, other common law duties remain points of contention particularly following the recent unravelling of the work choices framework. Despite the best intentions of the government, at the time, it would seem that many of the core positions undertaken under the work choices framework, represented key positions rather than suggested guidelines. 14 Interestingly it had most application to those parties which were not regulated by an industrial instrument that stipulates the conditions and remuneration of employment.
ABSTRACT This paper discusses the unique challenges of responding to identity crime. Identity cri... more ABSTRACT This paper discusses the unique challenges of responding to identity crime. Identity crime involves the use of personal identification information to perpetrate crimes. As such, identity crime involves using personal and private information to for illegal purposes. In this article, the two significant issues that obstruct responses to this crime are considered. These are first, the reporting of crime, and second the issue of jurisdiction. The paper also presents an exploration of some responses to identity crime.
This paper explores the vulnerability of social network users to identity theft when they share p... more This paper explores the vulnerability of social network users to identity theft when they share personal identification information online. The sharing of details like age, sex, address and other personal information like photographs can assist in establishing an identity. Identity criminals exploit social network users and the weaknesses of social networking sites to gather the information needed to commit identity theft and identity fraud using this identification information. While there are mechanisms that can reduce the incidence of this crime, information sharing on social networks is voluntary, which, makes its control difficult. This paper presents an exploration of existing literature from Australia, the United States and United Kingdom and highlights the importance of the relationship between social networking and identity crime. The drivers to sharing information on these platforms are considered. The paper provides opportunities to improve the understanding of the relationship between personal information and the crime. A difficulty in having preventative mechanisms in place is that social networking sites have a vested interest in promoting rather than preventing the sharing of information. Further, identity crime is pervasive which, makes the amelioration of risks difficult. In conclusion, efforts have been made in this paper to outline arguments that will assist in resolving the crime given vulnerability of social network users to identity theft.
Proceedings Title: 2012 International Conference on Cyber Security, Cyber Warfare and Digital Forensic (CyberSec), 2012
This paper discusses the unique challenges of regulating identity crime. Identity crime involves ... more This paper discusses the unique challenges of regulating identity crime. Identity crime involves the use of personal identification information to perpetrate crimes of fraud. As such, the identity crime involves using personal and private information to perpetrate crime. This article considers the two significant issues that obstruct responses to this crime; firstly, the reporting of crime. Secondly the paper considers the issue of jurisdiction. Finally, the paper explores some responses to this crime. The paper then explores some of the current responses to identity crime.
2014 Third International Conference on Cyber Security, Cyber Warfare and Digital Forensic (CyberSec), 2014
The relationship between data breaches and identity crime has been scarcely explored in current l... more The relationship between data breaches and identity crime has been scarcely explored in current literature. However, there is an important relationship between the misuse of personal identification information and identity crime as the former is in many respects the catalyst for the latter. Data breaches are one of the ways in which this personal identification information is obtained by identity criminals, and thereby any response to data breaches is likely to impact the incidence of identity crime. Initiatives around data breach notification have become increasingly prevalent and are now seen in many State legislatures in the United States and overseas. The Australian Government is currently in the process of introducing mandatory data breach notification laws. This paper explores the introduction of mandatory data breach notification in Australia, and lessons learned from the experience in the US, particularly noting the link between data breaches and identity crime. The paper proposes that through the introduction of such laws, identity crimes are likely to be reduced.
The use of problem solving models has been successfully applied and subject to evaluation in law ... more The use of problem solving models has been successfully applied and subject to evaluation in law school courses. However, the models have not been evaluated in terms of their application to law courses in which non-law (ie, business) students are involved. This paper ...
International Journal of Information Security and Cybercrime, 2015
This paper explores the challenges faced by victims of identity crime following their victimizati... more This paper explores the challenges faced by victims of identity crime following their victimization. It considers the impact of the crime on the victim and the many costs of the crime to them. The paper highlights the complicated pathways the victim faces to recovery and the aspects of reparation that fall short of supporting the many types of harm this crime causes victims. Lastly the paper postulates as to ways to avoid victimization and contemplates the issues pertaining to accuracy of data for the policy responses to identity crime.
This article discusses some of the key obstacles faced in the pedagogy of teaching legal problem ... more This article discusses some of the key obstacles faced in the pedagogy of teaching legal problem solving skills to non law students. The literature relating to the teaching of law identifies that the approach promoted to solve legal problems needs to be structured and logical. From a pedagogical standpoint the use of a structured approach allows the teacher to provide meaningful explanations of elements of law and relate the importance of these elements to practical situations thereby supporting deductive reasoning in legal problem solving. A structured approach to problem solving has two key benefits. Firstly, it allows the student to have clear goals. Secondly it also allows the student to feel comfortable that they have the available resources to complete their task. Marzano highlights problem solving as the process of overcoming limits or barriers that are in the way of achieving goals. Indeed, the need for a structured approach to legal problem solving is amplified where the students undertaking studies in law are non law students. Within law schools structured problem solving methods have been used for some time. These methods differ slightly but commonly take the form of Issues, Rules, Application, Conclusion (IRAC) or a similar format. However, in the context of teaching law to non law students within a business faculty, it seemed to the authors that the promotion of a singular structured technique for legal problem solving was not occurring. Indeed, it appeared to the authors that the choice of the methodology for problem solving was occurring in an ad hoc and individualistic manner. This paper considers the benefits of a singular structured legal problem solving technique being promoted to non law students for legal problem solving. To further this discussion this paper examines a pilot study that was conducted at Central Queensland University in 2007 to evaluate the usefulness of different approaches to legal problem solving. Overwhelmingly, the respondents to the pilot study, some 33 students, indicated their appreciation from having some structure to their approach to problem solving in law subjects.
This paper explores the vulnerability of social network users to identity theft facilitated by th... more This paper explores the vulnerability of social network users to identity theft facilitated by the information they share on social networking sites. While social networking presents new possibilities for friendships and the sharing of interests, at the same time it brings vulnerability through the outflow of personal information online. Identity criminals can exploit the weaknesses of social network users and social networking sites, effectively enabling the identity criminal to construct an identity from the information they obtain. The information gathered by an identity criminal can be used to establish identity, a powerful precursor to committing identity fraud. While there are preventative mechanisms that can reduce the incidence of this crime, information sharing on social networks is common and voluntary, which makes it difficult to control. While this paper presents an evaluation of existing work, further empirical research work is needed to understand the vulnerability of personal information on social networking sites. Social networking sites have a vested interest in promoting rather than preventing the sharing of information. In addition, identity crime is pervasive, which makes the amelioration of the risks difficult. In concluding this paper, efforts are made to point toward starting points that will assist in resolving this crime.
Computers & Security, 2013
ABSTRACT It is widely agreed that a large amount of information systems (IS) security incidents o... more ABSTRACT It is widely agreed that a large amount of information systems (IS) security incidents occur in the workplace because employees subvert existing IS Security Policy (ISSP). In order to understand the factors that constrain employees from deviance and violation of the organizational ISSP, past work has traditionally viewed this issue through the lens of formal deterrence mechanisms; we postulated that we could better explain employees' ISSP violation behaviours through considering both formal and informal control factors as well as through considering existing deterrence theory. We therefore developed a theoretical model based on both deterrence and social bond theories rooted in a social control perspective to better understand employee behaviour in this context. The model is validated using survey data of 185 employees. Our empirical results highlight that both formal and informal controls have a significant effect on employees' ISSP violation intentions. To be specific, employees' social bonding is found to have mixed impacts on the employee's intention to violate ISSP. Social pressures exerted by subjective norms and co-worker behaviours also significantly influence employees' ISSP violation intentions. In analyzing the formal sanctions, the perceived severity of sanctions was found to be significant while, perceived certainty of those sanctions was not. We discuss the key implications of our findings for managers and researchers and the implications for professional practice.
Technological evolution is changing the way in which financial services are produced and delivere... more Technological evolution is changing the way in which financial services are produced and delivered. The delivery of financial services has changed as the world has become a smaller place thanks to the worldwide networked infrastructure of the Internet. Indeed, the delivery ...
A Contract Law Workbook is a workbook designed to assist students in understanding the introducto... more A Contract Law Workbook is a workbook designed to assist students in understanding the introductory material related to contract. It will facilitate a deeper level of understanding of the practical application of contract law. ... * A final revision chapter covers all topics, assisting students in their ...
This paper discusses the unique challenges of responding to identity crime. Identity crime involv... more This paper discusses the unique challenges of responding to identity crime. Identity crime involves the use of personal identification information to perpetrate crimes. As such, identity crime involves using personal and private information to for illegal purposes. In this article, the two significant issues that obstruct responses to this crime are considered. These are first, the reporting of crime, and second the issue of jurisdiction. The paper also presents an exploration of some responses to identity crime.
International Journal of Information Security and Cybercrime, 2017
This paper considers how the darknet has emerged as a passageway for identity theft. The paper id... more This paper considers how the darknet has emerged as a passageway for identity theft. The paper identifies the darknet as a means of facilitating the distribution of identification particulars and how this contributes toward identity theft. The paper considers the part of the darknet as an enabler in the distribution of information related to offending in identity crime and as a passive contributor toward identity crimes.
International Journal of Information Security and Cybercrime, 2015
This paper explores the challenges faced by victims of identity crime following their victimizati... more This paper explores the challenges faced by victims of identity crime following their victimization. It considers the impact of the crime on the victim and the many costs of the crime to them. The paper highlights the complicated pathways the victim faces to recovery and the aspects of reparation that fall short of supporting the many types of harm this crime causes victims. Lastly the paper postulates as to ways to avoid victimization and contemplates the issues pertaining to accuracy of data for the policy responses to identity crime.