CooperMills

Archive for the ‘ISP and Telco Law’ Category

Breaking News – The Federal Government has today confirmed that it has given the green light to internet censorship in Australia.

The move comes after its internet filtering trials commenced in January 2009, as we previously reported.

Details to follow

Tags: internet censorship, ISP Filtering, ISP Lawyers, IT Lawyers, Telecommunications Lawyers
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We are working on bringing you some more new and interesting IT Law and Domain Law posts and articles shortly.

To assist us to cater to our audience, if you have any specific requests for IT Law, Domain Law or Telecommunications Law articles or information, feel free to drop us a note at info@coopermills.com.au

Tags: domain law, domain lawyer, IT Law, IT Lawyer, telecommunications law, Telecommunications Lawyers
Posted in Domain law and domaining, General, ISP and Telco Law, IT Law, Podcasts, Privacy, Spam, Trade Practices Law, Uncategorized | Comments Off

Up to one million users who have modified their Xbox game consoles to play pirated games have blocked from logging onto their online accounts.

Microsoft has said that:

“all consumers should know that piracy is illegal and that modifying their Xbox console to play pirated discs violates the Xbox Live terms of use, will void their warranty and result in a ban from Xbox Live.”

Machines which are physically altered by attaching extra chips and other hardware violate Microsoft’s terms of use. Although Microsoft can do little to prevent offenders from using their machines to play pirate games, they can cut of online access which in many cases will cut off access to large parts of the game as more and more titles promote an online play element.

Online piracy is becoming an issue of growing concern for the entertainment industry.  Industries have to implement new techniques to prevent piracy from occurring. The music and film industry in the UK has lobbied for the new “three strikes” policy which comes into effect in April 2010. This will require ISPs to suspend internet services of those who ignore piracy warnings.

These new regulatory measures come as a backdrop to the AFACT/IINET case being fought in The Federal Court, about ISPs allegedly allowing copyright infringers to use ISP services.

Tags: domain name lawyers, ISP Lawyers, ISP piracy, IT Lawyers, Telecommunications Lawyers
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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 is concerned by companies over-promising and under-delivering the speeds available on mobile and wireless internet, particularly in the context of network upgrades and increasing wireless internet subscriptions,” “This Information Paper is intended to assist the whole industry – mobile and wireless internet retailers, resellers, and network owners – to comply with the law.“

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:

1. only make speed claims based on ‘appropriate tests of network performance’ to show speeds that can generally be achieved; and
2. prominently state the factors affecting mobile and wireless internet speeds such as congestion, location, and other variables.

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.

Tags: isp law, ISP Lawyers, Telcommunications Lawyers, telecommunications law, Trade Practices Act 1974, Trade Practices Law
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The website of the Prime Minister and the Australian Communications and Media Authority (ACMA) were the subject of an attack yesterday, in support of protest against the Government’s internet filtering program.

This type of attack is called a Denial of Service attack, where hackers flood a website with traffic causing the website to go down. This is a regular occurrence across the internet, but this time the motivation was political and specifically targeted at both the Prime Minister who government introduced the policy, and the ACMA who are administering the internet filtering trials.

It is reported that the attack occurred shortly after 7pm AEST, which took the affected websites off line for a short period of time, both sites now appear to be operating normally.

The attack allegedly carried out by the hacker known as ‘Anonymous’, was labelled as juvenile by Federal Communications Minister Stephen Conroy today.

The attack demonstrates how deeply unpopular the government’s planned internet filtering is within the community. This time most have been surprised at what lengths protesters are prepared to go to, to make their point. Is this just the start ?

Tags: censorship, internet filtering, IT Lawyer, Telecommunications Lawyers
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The TIO has claimed success in its ‘Connect Resolve’ campaign, with only a minor increase of 1.8% in complaints over the period of the campaign.

The Connect Resolve campaign which ran between January 2009 and June 2009, was targeted at the 10 largest Telco’s in Australia with the aim of having Telcos:

“….refocus on their customers’ experiences and the need to improve their customer service practices.”

Throughout the campaign:

“….service providers received monthly data about their customers’ complaints to the TIO, as well as examples of consumer `voices’ so they could have a better understanding of which areas needed improvement, and further develop their customer service processes.“

The minimal increase of 1.8% during the campaign was in contrast to a 46% increase in complaints for the same period last year.

The Ombudsman said that:

“The stabilisation shows that our collaborative approach with service providers has been effective, but they need to continue their efforts to prioritise customer service,”

It is commendable that the TIO has in this instance taken the cooperative approach, but this campaign is the exception rather than the rule. We are still receiving regular complaints from our clients about the lack of impartiality of the TIO, and the confrontational approach taken in ‘resolving disputes’.

According to Cooper Mills Lawyers, Director and Telecommunications Lawyer Erhan Karabardak:

If the TIO wants to seriously reduce complaints they should (in addition to these types of campaigns) impose a complaint fee, which would have a significant impact on a large number of complaints that are made in bad faith, and which are without merit.

Tags: Erhan Karabardak, ISP Lawyers, Telecom Lawyers, Telecommunications Lawyers, TIO, TIO Complaints
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The Australian Communications and Media Authority (ACMA) yesterday announced that Australia’s largest Telco Telstra breached the Do Not Call Register Act (“Act”) and was fined $101,200.

The ACMA claims that one of Telstra’s external call centres in Australia made telemarketing calls to numbers listed on the Do Not Call Register (the Register). The ACMA began investigations in August 2008 following a raft of consumer complaints about calls to numbers listed on the Do Not Call Register. According to the ACMA:

The investigation found that inadequate compliance systems, procedures and supervision had contributed to calls being made to numbers on the Register where the consumers were not existing Telstra customers.

In addition to the fine, Telstra was forced to enter into enforceable undertakings with the ACMA, which included the appointment of external consultants to review Telstra’s compliance procedures.

In clarifying its expectations, the ACMA said that it:

expects large businesses like Telstra to be leading the way and setting an example when it comes to compliance with the Do Not Call Register – not falling behind.

This is at odds with its earlier treatment of the Westpac Bank who only received a warning for breaches earlier this year – Westpac Bank breaches Act.

In commenting on the ACMA’s action, Cooper Mills Director and IT & T Lawyer Erhan Karabardak said that:

It is positive to see that the ACMA is taking enforcement of the Act seriously, but the inconsistency in penalties may be something for the ACMA to consider in future. Although each case needs to be assessed on its own facts, any perceived inconsistencies in treatment may undermine the efforts of the ACMA.

Tags: ACMA, Erhan Karabardak, ISP Lawyers, IT Lawyers, Telco Lawyers, Telecom Lawyers, Telecommunications Lawyers
Posted in ISP and Telco Law, IT Law, Privacy | Comments Off

According to reports on Broadband News website Whirlpool, the iPrimus data centre at 55 King Street Melbourne was crippled over the weekend due to a now all to common data centre blackout.

Whirlpool says:

The power dropped around 3:45PM and caused Victorian and Tasmanian customers from ISPs such as Exetel, iiNet, Internode and Netspace to lose their broadband connections.

Internode was able to route around the problem by 4:15PM, while the other ISPs were back online around 5:30PM.

In a notice to customers, Primus blamed “high tension fuses in the CitiPower substation feeding our Data centre”, which it said was the same issue affecting power in February.

Backup diesel generators “failed to start due to a synchronization processor failure.” According to the notice, works to upgrade the substation that failed were already planned for next weekend.

With a recent outage in February 2009, one would have thought that Primus would have been more proactive in avoiding a repeat of the previous disaster.

The outage provides a timely reminder for companies with critical data centre need to ask their data centre provider simple questions such as:

1. what redundant power arrangements are in place ?

2. how often is the power redundancy system tested ?

3. is there a meaningful SLA to give some level of assurance, and financial compensation if the worst does happen ?

These are some simple yet important questions to ask, if your data centre provider cannot answer these questions satisfactorily, then you should consider whether they are the best provider for your mission critical hosting requirements.

Tags: data centre, ISP Lawyers, IT Law, IT Lawyers, telecommunications, Telecommunications Lawyers
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A new website has been launched by the Federal Government’s Australian Communications and Media Authority to help children and teenagers to have safe and positive experiences online.

The site – www.cybersmart.gov.au – provides comprehensive and practical advice for parents and interactive learning activities and information for children. Cybersmart also features guidance and a range of resources for libraries and schools.

The Acting Chairman of ACMA, Chris Cheah, said the Cybersmart site is about empowering Australian children and young people to be smart online and to become good digital citizens.

“Understanding how to navigate the online world safely is an important element in the development of digital literacy. By providing teachers and parents with clear, current and credible information about cyber safety, we assist them to develop in young people, the critical skills needed to stay safe online and get the most from their online encounters,” Mr Cheah added.

The website also includes an online helpline for young people who have had negative experiences online, such as cyber bullying. The helpline offers confidential advice and support from counsellors who are trained in listening to children and have expertise in cyber safety. Best of all the website has something for parents and teenagers, which are critical to effectively achieve the goals of the website.

The launch of the website raises the question of whether this website is a pre-cursor to the Government considering dropping its hugely unpopular internet filtering plans. Website like this one provide for a more considered solution to protecting children on the internet.

Tags: internet filtering, internet law, isp law, ISP lawyer, online safety, telecommunications lawyer
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The ACMA has issued ISP, Green Tree Frog, with a remedial direction, arising out of its alleged failure to comply with directions of the Telecommunications Industry Ombudsman (‘TIO’) in two separate instances.

According to ACMA Chairman, Chris Chapman:

All members of the TIO Scheme have an obligation to comply with the responsibilities established under the scheme as well as those established by the legislation that governs the industry….In issuing this direction, ACMA has undertaken the appropriate enforcement action to prevent Green Tree Frog from continuing to contravene its regulatory obligations.

The failure to comply arose out of two instances in which among other things, the TIO directed that Green Tree Frog “pay money to a customer and waive their early termination fee“.

We previously reported that another ISP had failed to comply with the TIO scheme and had been issued with a direction by the ACMA. The ACMA in line with its recently processes, has once again exercised its statutory powers to compel compliance.

Whilst the ACMA is bound to enforce the law, bigger questions about the role of the TIO and its impartiality have in the recent past been in issue. Only time will tell whether the industry will make a stand on this issue.

Tags: ACMA, isp law, ISP Lawyers, telecommunications law, Telecommunications Lawyers
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