Niloufer Selvadurai

Professor, Program Director, Legal and Ethics of Cyber, Optus Macquarie Cyber Security Hub

20042022

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Personal profile

Biography

Professor Niloufer Selvadurai is a technology law scholar at Macquarie University. Niloufer researches and teaches on the effective governance of emerging and evolving technologies. She explores how technological change undermines the efficacy of laws, especially in the fields of digital finance, cyber security, data privacy, telecommunications and IP, and how legal frameworks can be reimagined to accommodate technological change. A feature of her work is interdiscplinary collaborations with computing, engineering and finance.

Niloufer is the Program Director of Legal and Ethics of Cyber at the Optus Macquarie Cyber Security Hub. She is an academic partner of the Digital Finance CRC that has been awarded government and industry funding over a 10 year period to develop a commercial, technological and regulatory framework for the digitisation of real-world assets. Niloufer is a member of the 'RegTech with Algorithmic Real-Time Enforcement' research program team.

Niloufe is presently undertaking a research project on Fintrch Governance funded by the Department of Foreign Affairs and Trade. In 2021, she was invited to participate in SIENNA (Stakeholder informed ethics for new technologies with high socio-economic and human rights impact), European Union H2020 research and innovation programme, University of Twente, Netherlands. Other multinstitutional research projects include a 2021 fintech project with Qatar, and information technology projects with Malaysia, Vietnam, Belgium, Greece and the United Kingdom. Niloufer has advised government and industry on issues relating to digital privacy, cybercrime and telecommunications law and has been the lead author of Australia's submission to the World Congress of AIPPI on multiple occasions. Niloufer teaches technology law and intellectual property law, is a member of the Macquarie University Human Research Ethics Committees (Medical Sciences) and was formerly Deputy Dean, Planning and Operations, of the Macquarie Law School.

Prior to joining Macquarie, Niloufer practised as a solicitor in the media, technology and telecommunications group at Ashurst and worked at Allens. Niloufer is the Editor-in-Chief of the International Journal of Technology Policy Law and the Telecommunications Editor of the Australian Journal of Competition and Consumer Law.

Qualifications include BA LLB (First Class Hons) from the University of Sydney and a PhD from Macquarie University. 

See further - ‘Speaking with Professor Niloufer Selvadurai’ in (2020) (1) The Brief 27-29 at https://issuu.com/muls/docs/npthebrief-2020-ed1-web

Recent videos - 

Should AI-generated inventions be patentable?

https://www.youtube.com/watch?v=a5aM0A8gjU8

AI, Health and Human Rights, panel discussion with Professor Enrico Coiera and others

AI, Health and Human Rights Webinar - YouTube

Codes, conflicts of laws and digital jurisdiction, 'Code is law: Blockchain smart contracts'

https://www.youtube.com/watch?v=EY_9K8F8wPo

Research interests

Niloufer's present research centres on the following themes:

(a) Digital finance and smart contracts - Focussing on AI and blockchain smart contracts governance. Recent work includes 'The governance of AI technologies in the Asia Pacific region' (2020) 24(2) Journal of Internet Law, with E Karim, Wolters Kluwer USA; 'A hard fork in the road: Designing  a regulatory framework for public blockchain platforms' (2021) Information and Communications Technology Law, forthcoming with Steve Penzo; and 'The relevance of internet architecture to law,' Computer and Security Law Review, forthcoming with J Gacutan. In June 2021, Niloufer was invited by the American Society for International Law to present on 'Codes, conflicts of law and digital jurisdictions'.

(b) The use of AI in decision-making - Recent work includes ‘A right to explanation for AI generated decisions’ in (2020) 28(3) International Journal of Law and Information Technology 193, with J Gacutan, Oxford University Press; and ‘The right to information’ (2021) Asian Journal of Comparative Law, with U Lu. Forthcoming. Cambridge University Press.

(c) AI and IP  - Niloufer was lead author on Australia’s 2019 Submission to the AIPPI World Congress on ‘AI and Copyright’. Recent work includes ‘Reconsidering creativity’ in (2020) 17 Journal of Intellectual Law and Practice 489 with R Matulionyte. Oxford University Press.

Data Society Research Stream -

https://www.mq.edu.au/faculty-of-arts/our-research/faculty-research-themes

Research student supervision

Supervision of PhD, Masters of Research and LLB Honours Candidates: Information technology law, digital intellectual property law, AI governance, telecommunications law, biotechnology and digital competition law.

Recent PhD Completions (Principal Supervisor)

Niloufer has supervised over 20 PhD students to completion. Recent PhD completions include:

  • Atiq Rahim (International - Bangladesh): Copyright law. “Designing Digital Copyright Laws to Properly Balance Proprietary and Public Interests.” Completed 2020.
  • Lam Uyen (International – Vietnam): Information technology law. “A Comparative Analysis of an Individual's Right to Information in Vietnam and Australia.” Completed 2019.
  • Jennifer Farrell (Australia): Internet law. “Enhancing Access to Justice in Australian Courts Using Web 2.0 Applications.” Completed 2018.
  • Jingyi Li (Cotutelle candidate with Shandong University, China): Intellectual Property Law. “Reconciling Intellectual Property Rights and Human Rights.” Completed. 2018.

Recent MRes and MPhil Completions (Principal Supervisor)

  • Nipun Agarwal (MPhil): International commercial law.Applying Negotiation Theory to Increase the Effectiveness of International Trade Dispute Resolutions.” Completed 2021.
  • Asal Ozgoli (MRes): Internet law. “The adequacy of Australian laws in protecting consumers from misleading influencer advertising on social media: a review and the need for reform.” Completed 2021.
  • Suman Poder (MRes): Internet law.  “The Regulation of Open Banking in Australia.” Completed 2020.
  • Vanessa Ho (MRes): Internet law. “The Merits of Forum Shopping in Appropriate Circumstances in International Intellectual Property Litigation.” Completed 2020.

Teaching

Law and Technology - LAWS5029 (undergraduate) and LAWS8068 (postgraduate)

Intellectual Property Law - LAWS5023 (undergraduate) and LAWS8024 (postgraduate)

Education/Academic qualification

Law, PhD, Macquarie University

Award Date: 22 May 2006

Law, BA LLB (First Class Hons), University of Sydney

Admitted as Solicitor and Barrister of the Supreme Court of New South Wales

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