You have secured a competitive internship with WarpSpeed (WS). WS is a start-up technology firm, operating from Wollongong, which develops innovative solutions for companies entering the Metaverse (the next generation of online social interaction). The technological solutions developed by WS include the conversion of cash into cryptocurrency, the implementation of blockchains and the transformation of profile photos into 3D metaverse characters.

For the first month of your internship, you have been assigned to work with a team that is performing risk and compliance assessments for the firms latest metaverse character software: Avatar Creator 3.0. Your supervisor, Aanya, has just emailed you the following urgent task:

Dear Intern,

To fulfil our 2022 risk assessment strategy, our team is required to investigate whether all aspects of WS new software Avatar Creator 3.0 comply with Australian laws and regulations. Since you are currently studying LAW101 at university, we would like you to tackle some preliminary questions concerning the legal and regulatory context of this software. To this end, we require thorough answers to the following six (6) questions.

1. To guide in determining the legal principles that may regulate the functionality and use of AR software, explain:

   1. (a) Whether Ethics-by-Design Guidelines*, developed for the technology industry by a multidisciplinary non-profit organisation, is considered binding law; and

   2. (b) The difference, using relevant examples, between public law and private law?

      (3 marks)