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Roger Clarke's 'Managing Tech Risk'

Managing Technology-Associated Risk

Outline of 6 May 2020

For presentation to the ANU Cyber Law Program - 11 May 2020

Roger Clarke **

© Xamax Consultancy Pty Ltd, 2020

Available under an AEShareNet Free
for Education licence or a Creative Commons 'Some
Rights Reserved' licence.

This document is at http://rogerclarke.com/EC/MTAR.html

The supporting slide-set is at http://rogerclarke.com/EC/MTAR.pdf

The video presentation is at http://rogerclarke.com/EC/MTAR.mp4


Abstract

My consultancy practice has as its focus strategic and policy aspects of disruptive information technologies. That provides an appropriate context for a discussion of the assessment and management of technology and risk.

The starting-point is a generic model of security. This identifies relevant concepts and their relationships, and provides a suite of defined terms. That lays the foundation for examination of the risks arising in any particular context.

Risk assessment applies the security model to problem analysis. Risk management shifts beyond analysis to design, and then to implementation. Choices have to be made across a wide range of alternative risk management strategies.

All effective risk management plans involve a suitable blend of organisational and technological measures, backed up by an appropriate legal framework, comprising both public law and private law components.

A hierarchical model of the regulatory field distinguishes layers of 'government' (formal law), 'self-governance', and 'systemic governance'. L-A-W law is the framing element, and the fallback, but it is emphatically not the primary part of any risk management plan.

Some organisational measures are within the self-governance layers. The most effective means of managing risks are commonly much deeper-embedded, however, in the Infrastructural Regulation layer. The RoboDebt fiasco arose because the agency responsible for it tried to do away with the organisational elements. Enormous cost was borne by untold thousands of welfare recipients, and by the reputation of government.

Effective management of technology-associated risk depends heavily on Infrastructural Regulation, comprising both organisational and technological elements.


Sources

'The Conventional Security Model'
Appendix 1 to Clarke R. (2015) 'The Prospects of Easier Security for SMEs and Consumers' Computer Law & Security Review 31, 4 (August 2015) 538-552, at http://rogerclarke.com/EC/SSACS.html#App1

'The Risk Assessment and Risk Management Process'
s.3.1 of Clarke R. (2019) 'Principles and Business Processes for Responsible AI' Computer Law & Security Review 35, 4 (2019) 410-422, at http://rogerclarke.com/EC/AIP.html#RARM

'Multi-Stakeholder Risk Assessment and Risk Management '
ss.3.2-3.3 of Clarke R. (2019) 'Principles and Business Processes for Responsible AI' Computer Law & Security Review 35, 4 (2019) 410-422, at http://rogerclarke.com/EC/AIP.html#SRA

'A Generic Data Risk Assessment of Cloudsourcing'
s.4 of Clarke R. (2013) 'Data Risks in the Cloud' Journal of Theoretical and Applied Electronic Commerce Research (JTAER) 8, 3 (December 2013) 60-74, at http://www.rogerclarke.com/II/DRC.html#GDRA

'Detailed Application of the Risk Assessment Process to Micro-Business Backup Needs'
ss.3-4 of Clarke R. (2016) 'Practicable Backup Arrangements for Small Organisations and Individuals' Australasian Journal of Information Systems, 20 (September 2016), at http://rogerclarke.com/EC/PBAR.html#PTC

'A Business Process Model for Responsible Data Analytics Projects'
s.5.2 of Clarke R. & Taylor K. (2018) 'Towards Responsible Data Analytics: A Process Approach' Proc. Bled eConference, 17-20 June 2018, at http://rogerclarke.com/EC/BDBP.html#BPG

'Centrelink's Big Data 'Robo-Debt' Fiasco of 2016-17'
January 2018, at http://rogerclarke.com/DV/CRD17.html

'Categories of Risk Management Strategy'
Table 2 in Clarke (2019) 'Principles and Business Processes for Responsible AI' Computer Law & Security Review 35, 4 (2019) 410-422, at http://www.rogerclarke.com/EC/AIP.html#T2

'A Hierarchy of Regulatory Forms'
s.5 of Clarke R. (2019) 'Regulatory Alternatives for AI' Computer Law & Security Review 35, 4 (2019) 398-409, at http://rogerclarke.com/EC/AIR.html#RF


Author Affiliations

Roger Clarke is Principal of Xamax Consultancy Pty Ltd, Canberra. He is also a Visiting Professor associated with the Allens Hub for Technology, Law and Innovation in UNSW Law., and a Visiting Professor in the Research School of Computer Science at the Australian National University.



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