Archive for October, 2009
Sunday, October 25th, 2009
The Federal Court has issued a fine of $15.75 Million against spammers found guilty of using an elaborate scheme to deceptively obtain mobile phone numbers and spam them.
In August 2009 the Australian Communications and Media Authority (‘ACMA’) obtained default judgment against Mobilegate Ltd and Winning Bid Pty Ltd – and three individuals – Mr Simon Anthony Owen, Mr Tarek Andreas Salcedo and Mr Glenn Christopher Maughan.
The action commenced in late 2008 when the ACMA learned of the highly organised plan, where the ACMA alleges the spammers obtained mobile telephone numbers from dating websites, after posing as members of these websites. It is then alleged that:
The ACMA claims that the spammers obtained more than $2 million from their scheme, which was in contravention of the Spam Act 2003.
The judgment is seen as a win for the ACMA in its fight against breaches of the Spam Act 2003, and is sure to serve as a serious warning to potential spammers.
Earlier this year the ACMA issued fines against Optus for breaches of the Spam Act 2003, as part of its campaign against spammers.
Monday, October 19th, 2009
In a report published by The Australian, it has been revealed that journalists have been using microblogging tool Twitter to provide live updates on the iiNet Case being heard before the Federal Court in Sydney.
According to The Australian, Justice Cowdrey said:
Ordinarily any form of recording device such as a video camera or tape recorder is prohibited in a Court, however, there are times where Judges will all the use of such devices.
This appears to be the first time where a Court has specifically addressed the issue of Twitter use within a Court room.
According to IT Lawyer and Cooper Mills Lawyers Principal, Erhan Karabardak:
Tuesday, October 6th, 2009
The ACCC has announced the launch of an Information Paper entitled “Mobile and Other Wireless Internet Speed Claims and the Trade Practices Act 1974”.
The Paper has been developed to assist ISPs in ensuring that their advertising for mobile and wireless internet is compliant with the Trade Practices Act 1974, and in particular the consumer protection provisions.
In launching the Paper, ACCC Chairman, Graeme Samuel said that:
The ACCC has warned ISPs not to advertise terms such as ‘maximum’, ‘up to’ or ‘peak network’ speeds, “if those speeds are not generally achievable or likely to be achieved by consumers using the network.”. The ACCC warning indicates that it is taking a similar approach to that previously taken with ADSL2+ advertising.
The ACCC has expressed the view that ISPs should:
The Paper also contains an Industry Checklist to assist with compliance – ISPs are reminded that they should also remember to ensure compliance with CommsAlliance Code C628:2007 TCP Code.
Compliance takes added significance in light of the ACCC’s recent actions in securing enforceable undertakings against some of Australia’s largest ISPs.
Thursday, October 1st, 2009
After an 11 year process, ICANN has signed a historic agreement with the US Department of Commerce, which affirms its role as the supreme manager of the global domain name system.
In 1998 ICANN was set up by the US Government under the oversight of the US Government. Although sometimes controversial and subject to debate, ICANN has managed to successfully guide the global domain name system. ICANN’s most recent meeting was held in Sydney, and was attended by industry participants including Cooper Mills Lawyers.
According to ICANN:
The full text of the Affirmation between ICANN and the US Department of Commerce is available here.
Whilst this is a historic step it is not likely to affect business as usual at ICANN. This Agreement comes at an important time with the introduction of IPV6 and new TLDs among, the host of other challenges facing ICANN.