Archive for the ‘IT Law’ Category

auDA rolls out DNSSEC

Friday, August 27th, 2010

.au name space to become more secure with the rollout of DNSSEC

Details of the rollout of Domain Names System Security Extensions (DNSSEC) in the .au domain name space have recently been released by the au Domain Administration (auDA).

Developed in conjunction with the .au registry operator, AusRegistry, the plan consists of a five stage process to introduce DNSSEC into the .au Top Level Domain (TLD) and second –level zones, including com.au, net.au, org.au and asn.au.

DNSSEC is a security extension that facilitates the digital signing of internet communications. Implementation of the plan hopes to see additional protection against a range of vulnerabilities.  AuDA CEO, Chris Disspain has said in an auDA announcement that “DNSSEC can provide an extra level of security to help ensure that Australian internet users will be directed to the website or service they expect to enter when they enter a domain name into their browser.

Implementation is scheduled to commence next month and allows for:

-          Experimentation and testing of core systems

-          The gradual signing of second level .au domains and the .au TLD

-          A trail implementation for .au domain registrants, and

-          Full protection rollout to registrants

A review to be undertaken by auDA’s independent Security and Stability Advisory Committee (SSAC), chaired by professor Bill Caelli from the Queensland University of Technology, will be conducted at the end of each stage.

The fifth, and vital stage of the implementation plan will be the active encouragement of Australian ISPs and domain registrants to adopt DNSSEC. auDA believes that the Australian Government will play a significant role in delivering to the ISPs, the message about the importance of DNSSEC for the security of Australia’s internet infrastructure.

We will keep you updated as the implementation process rolls out.

  • Share/Bookmark

Tags: , , , , , , , , , ,
Posted in Domain law and domaining, General, ISP and Telco Law, IT Law | No Comments »

auDA Name Policy Panel

Monday, August 16th, 2010

Cooper Mills Director and Domain Name Lawyer Erhan Karabardak has been appointed to auDA’s 2010 Name Policy Panel.

The Panel, will among other things, review existing auDA regulation concerning domain name eligibility. Erhan was previously a member of the 2004 Names Policy Panel.

The issue of domain name eligibility is one of the more contention issues in the .au space.

The Panel is due to hold its first meeting on September 14, 2010.

  • Share/Bookmark

Tags: , , , , ,
Posted in Domain law and domaining, General, IT Law | No Comments »

Online spoofs and the law

Tuesday, August 10th, 2010



A recent YouTube video campaign targeting Logie award winner and Home and Away Star Ray Meagher, has raised questions about free speech and internet law.

Cooper Mills Director Erhan Karabardak and IT Lawyer was interviewed by Channel 9′s ‘A Current Affair’ about his expert legal opinion on internet regulation of online media, and in particular his views on the so called comedy videos.

  • Share/Bookmark

Tags: , , , , , , ,
Posted in General, IT Law, Podcasts | No Comments »

Cooper Mills launches online Brand Protection Service

Friday, July 23rd, 2010

Cooper Mills is proud to announce the launch of its new Brand Protection Service, www.TM.com.au.

Cooper Mills Lawyers, one of Australia’s leading IP, and domain law expert legal practices, today launched version 1.0 of its online brand protection service portal TM.com.au, giving both local and international clients online trademark registration services, and trademark monitoring and management services.

Cooper Mills Lawyers Director Erhan Karabardak said:

In order to meet the demands of both our local and international clients we have launched our online brand protection service, which will enable our clients to effectively monitor their intellectual property all in one convenient place. This service now brings online brand protection within the reach of all local and international businesses.

Cooper Mills expects to expand the product offering and functionality of TM.com.au over the coming months.

  • Share/Bookmark

Tags: , , , , ,
Posted in Domain law and domaining, General, ISP and Telco Law, IT Law, Podcasts, Uncategorized | No Comments »

Chinese and .xxx domain names approved

Saturday, June 26th, 2010

The ICANN Board has just approved the release of new IDN ccTLD domain names, while at the same time allowing for the creation of the controversial .xxx domain names.

The IDN ccTLD domain names approved by ICANN are:

• CNNIC (China Internet Network Information Center)
• HKIRC (Hong Kong Internet Registration Corporation Limited)
• TWNIC (Taiwan Network Information Center).

Speaking during the ICANN 38 meeting, ICANN CEO Rod Beckstrom announced that:

One fifth of the world speaks Chinese and that means we just increased the potential online accessibility for roughly a billion people.

This announcement comes hot on the heels of the recent release of the Russian and Arabic IDN ccTLD, which we announced with great fanfare.

The contraversial .xxx domain was allowed to pass with ICANN saying:

The ICANN board also voted to allow the application for the controversial .XXX top-level domain (TLD) to move forward. The ICM registry applied for the .XXX sponsored top-level domain as a potential community site for the adult entertainment industry. The Board approved a detailed set of next steps for the application, including expedited due diligence, negotiations on a draft registry agreement, and consultation with ICANN’s Governmental Advisory Committee.

The .xxx domain was first mooted in 2000 as a dedicated domain for the Adult industry, but fierce debate from supporters and detractors has raged since then. In 2007 the ICANN Board rejected a proposal to progress the .xxx, but in more recent times members of the ICANN board have expressed support for it, which has resulted in its return as a prominent issue.

Members of the Adult industry had feared that while the .xxx is descriptive of their businesses, that mandatory use of this TLD would isolated Adult websites.

  • Share/Bookmark

Tags: , , , , , ,
Posted in Domain law and domaining, General, IT Law, Uncategorized | No Comments »

Non latin domain names make debut

Wednesday, May 12th, 2010

ICANN has announced that domain names will now appear in Arabic Script, as part of the move to non-latin domain names.

Since November of last year ICANN has received 21 requests for top-level domains (TLDs) through its Fast Track Process, representing 11 different languages, however ICANN has chosen Arabic as the first Non- Latin script as it is one of the most widely-used on the internet today. Other non latin language requests have come from China, India and Russia to name a few.

Egypt, Saudi Arabia and the United Arab Emirates have been chosen as the first three regions that will be able to use country-code specific TLDs. Addresses for regional domain names in these countries can be found by using native language characters. Egypt has been the first to create a domain name using Arabic characters. The domain name .misr, which is the Arabic word for Egypt, will be spelled out in Arabic script.

ICANN expects that the introduction of domain names in Arabic script will make a surge in the number of internet users in the Arab speaking world and will enable Internet services to penetrate into new market segments by eliminating language barriers.

  • Share/Bookmark

Tags: , , , , , ,
Posted in Domain law and domaining, General, IT Law | No Comments »

Australia gets tough on cybercrime

Tuesday, May 4th, 2010

Australia will strengthen its stance on cybercrime by signing the Council of Europe Convention on Cybercrime.

The move will see Australia join the European Union (EU), the United States, Canada, Japan and South Africa. The EU is pushing for the convention to become an international standard. Twenty-seven countries have so far signed the convention, however, more than 100 are using it to reform domestic laws.

Key points of the convention include:

  • Countries will have a representative available 24 hours a day to assist in investigations and create domestic laws.
  • The promise of greater international cooperation in fighting cybercrime.
  • The charting of criminal offences (offences against the confidentiality, integrity and availability of computer data and systems; computer-related offences including forgery and fraud; content-related offences, including child pornography; and offences related to the infringement of copyright and other related rights).

Australia’s signing of the Council of Europe Convention on Cybercrime follows our involvement in negotiations for the controversial Anti-Counterfeiting Trade Agreement and several national cybercrime attacks involving Federal Government websites and sites of major corporations. Signing the convention is one of many initiatives Australia is making to reduce our exposure to cybercrime and other potential cyber risks.

  • Share/Bookmark

Tags: , , ,
Posted in General, IT Law, Privacy, Spam, Uncategorized | No Comments »

iPad: Opportunity or Threat?

Saturday, January 30th, 2010

Cooper Mills guest author, Senior Brand Strategist, James Grant Hay examines the implications of the device on the Australian media industry and publishing sector

Many believe the iPad and iBookstore will do for the publishing industry what the iPod and iTunes store did to the music industry in 2001. Back then, iTunes accelerated the decline of their business model and tore apart the original bundles of records subsequently sold to consumers at unit price. Will our local media industry and publishing sector share the same fate or embrace the iPad as a revolution of the digital age?

So far, the signs have been encouraging. The Australian Publishers Association report that Australian publishers have been in extensive talks with Apple over the last few months in an effort to seal licensing deals for Australia. Although the iBookstore is not expected to be available to Australian users on launch, that date is likely to change quickly as the Australian Publishers Association has confirmed licensing deals are well on the way to being completed this year.

In the US, Apple chief executive Steve Jobs has announced eBook deals with five of the world’s leading publishers – Hachette, Penguin, HarperCollins, Simon & Schuster and Macmillan.

These talks have been hastened with the arrival of other eReader devices. Amazon (with its Kindle) and Barnes & Noble (with the Nook) have the potential to diminish the importance of publishing companies altogether through the use of self-publishing platforms by authors.

To avoid this, Australian publishers have in the last 12 months been paying a lot of attention to digitisation and preparing for electronic works to ensure plenty of titles are available to Australian consumers. But until a sufficient number of these titles are in place, it will be imperative for the Federal Government to lift the ban on book sellers from buying cheap foreign imports from overseas sellers. Currently, parallel importation rules prevent stores from sourcing books at lower costs from overseas markets. Retailers, such as Borders will need to respond to the growing consumer demand.

REDgroup, owners of booksellers Angus & Robertson and Borders – are already planning 1 million titles that can be downloaded across multiple technologies in Australia.

The challenge for publishers therefore will be the speed with which they can port their back catalogues to digital. Porting books to the digital world is difficult because entire back catalogues must be digitised in different formats and publishers should seek professional legal advice on redrafting and in some cases renegotiating copyright deals with authors and estates for the purposes of digital distribution.

Only two leading publishers have converted Australian print books to digital form in significant numbers – Allen & Unwin has a library of 1500 titles, while Pan Macmillan Australia has 500 titles ready to go digital.

Newspapers and magazines are also planning to sell content on the device through digital apps, but The New York Times is the only publisher to have revealed its offering so far.

News Ltd spokesman Greg Baxter refused to comment to Australian media on its iPad plans last week, but Brian McCarthy, chief executive of Fairfax Media, has been bullish about the prospects for the new device.

The iPad will allow newspapers and magazines to be easily read electronically in a format that many readers will enjoy while also linking pages directly with breaking news and videos on their digital mastheads, such as The Age. Fairfax is reportedly developing apps that could be used on both the iPad and iPhone.

With sales of Amazon Kindle devices outstripping actual print book sales in the US over Christmas, the Apple iPad is sure to be a hot seller amongst Australian consumers.

Among the questions to be contemplated by publishers over the coming months will be the meaning of their brand in a tablet world – to avoid the fate of the music labels, publishers such as Pacific Magazines will need to determine how to maintain individual brands in their overall stable, rather than individual stories; in other industries, companies will need to decide if the most potent expression of their brand is bundling existing free web products with a premium pay-wall subscription, or in the case of Sports Illustrated below, an entirely new multimedia product.

Watch and embed the Sports Illustrated player

James Grant Hay is CEO of Inshot, Branded Content Specialists

  • Share/Bookmark

Tags: , , , , , , ,
Posted in General, IT Law | No Comments »

GSM Encryption Cracked

Saturday, January 2nd, 2010

According to news reports, German researchers claimed to have cracked the A5/1 encryption technology used to encrypt GSM mobile phone calls, which represents approximately 80% of the worlds mobile phone users.

These claims have raised concerns with some mobile operators, who claim that if this finding were to be used by criminals, GSM telephone call could be intercepted and monitored relatively easily and cost effectively. This type of conduct is prohibited under Australian law.

IT and Telecommunications Lawyer, Erhan Karabardak, Principal of Cooper Mills Lawyers, said:

whilst these claims, if true, could pose a serious concern, it is unlikely to pose a threat to GSM communications in the short term“.

  • Share/Bookmark

Tags: , , , , ,
Posted in ISP and Telco Law, IT Law, Uncategorized | No Comments »

Happy Holidays – Seasons Greetings

Sunday, December 27th, 2009

To all of our clients and visitors to our blog, we wish you seasons greetings and a safe and prosperous new year.

Thank you for your support in 2009, and we look forward to working with you in 2010.

Our office will be re-open on 11 January 2010.

Stay tuned for our new IT Law, Telecommunications Law, Domain Law and general Commercial Law articles / posts.

  • Share/Bookmark

Tags: , , , ,
Posted in Domain law and domaining, General, ISP and Telco Law, IT Law, Podcasts, Privacy, Spam, Trade Practices Law, Uncategorized | No Comments »