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Archive for the ‘IT Law’ Category

The Victorian and New South Wales governments have teamed up to open a tender for the application and provision of registry services for new GTLDs including .melbourne and .sydney.

The tender appears to be for a ‘start to finish’ service provider who can apply to ICANN for the GTLDs, manage the process and provider registry services.

There are a number of local players who would be likely to bid in the tender process, including Melbourne IT (who originally managed the .au space) and Ausregistry who currently provides registry services for the .au space (as well as a number of other international TLD and ccTLDs).

Tags: .melbourne, .sydney, domain law, domain lawyer, domain lawyers, domain name law, domain name lawyer, domain name lawyers, technology law
Posted in Domain law and domaining, General, IT Law | Comments Off

The ACCC has announced that it intends to appeal the recent Federal Court decision which found that Google was not liable for misleading and deceptive conduct in publishing Adwords advertisements.

In its recent press release the ACCC said:

The ACCC alleged that Google had engaged in misleading or deceptive conduct by publishing these advertisements on Google’s search results page where a headline of the advertisement comprised a business name, product name or web address of a business not sponsored, affiliated or associated with the advertiser. When a user clicked the words in the heading of the advertisement associated with the competitor’s business or product, he or she was taken to the advertiser’s website.

Justice Nicholas found that although a number of the advertisements were misleading or deceptive, Google had not made those representations. Google merely communicated representations made by the advertiser. As such, Justice Nicholas ruled that Google had not breached the Trade Practices Act.

On appeal the ACCC has indicated that it will be challenging this finding by the Court with respect to 4 advertisements. The ACCC also indicated:

The ACCC takes the view that Google’s key word insertion system, plus the role of Google staff, were fundamental to the representations being made.

This is a significant case as there is a lack of Australian case law on Google Adwords advertisements, which are now one of the most commonly used advertisement methods for Australian businesses, with some businesses spending thousands of dollars per week.

 

Tags: ACCC, Google, Trade Practices Law, Trade Practices Lawyer
Posted in General, IT Law, Trade Practices Law | Comments Off

Cooper Mills was recently quoted in The Age and Sydney Morning Herald, IT Pro section 11 October 2011, some quotes from the article entitled ‘Is it legal to send your data overseas’:

Despite their determination to keep hold of their data, however, many companies are still being less than careful with their cloud diligence, says lawyer Erhan Karabardak, director of IT specialist firm Cooper Mills Lawyers.

“It’s amazing how little due diligence people do with cloud services,” he explains.

“People say ‘our data is in the cloud’ but if you ask them where, and in which country, and whether it’s encrypted, they just don’t know. Companies really just need to ask some of the basic questions.”

Such questions become more complicated, Karabardak adds, when a particular cloud service distributes data between servers in different countries to boost the redundancy of data storage;

The full text of the article is viewable here.

Tags: cloud computing, Erhan Karabardak, IT Law, Privacy Law, Sydney Morning Herald, technology lawyer, The Age
Posted in General, IT Law | Comments Off

Retail internet and voice service providers are about to see the next wave of regulation from the Australian Government. This time, it is the Australian Communications and Media Authority (‘ACMA’) that is driving the changes.

ACMA is demanding a series of major changes to advertising and sales practices, as well as billing and complaint handling.

It is allowing the industry a short time to adopt the changes ‘voluntarily’ via an updated Telecommunications Consumer Protections Code.  If that does not happen, it will enforce its requirements using its own powers.

Quoting ACMA:

The ACMA is giving industry five months in which to develop a revised code dealing with the matters that it considers must be changed. If those changes cannot be made within that time, the ACMA will intervene directly to implement its proposals by way of a standard.

Unless the industry adopts the ‘proposals’ in its Telecommunications Consumer Protection Code (‘TCP Code’) , ACMA will mandate them.  Chris Chapman has now been reported as saying:

“The industry [is] ‘formally on notice’ to reflect the proposed changes in the new TCP code.  If the industry doesn’t develop a code that addresses ACMA’s concerns, the ACMA will mandate changes through direct regulation.”

ACMA’s new ‘proposed’ rules

1. Make telco advertising ‘clear, accurate and honest’
2. Ban certain ‘confusing’ terms, eg ‘cap’ (where it in fact means ‘minimum spend’)
3. Require that network coverage claims can be substantiated
4. Require that broadband speed claims can be substantiated
5. For post-paid plans with minimum monthly spend, all text-based advertising and bills to include ‘unit pricing’ (like supermarkets do)
6. Give prospects a standard form ‘critical information summary’
7. Require providers to report customer service performance using a new standard industry metric, for publication
8. Require providers to report complaint handling performance using a new standard industry metric, for publication
9. Optional:   Providers to adopt ‘Customer Service Charters’
10. Unless service hard-capped or shaped, notify customer at certain usage points
11. Until spend management tools in place, cap total cost at 150% of minimum spend
12. All bills to show service usage (eg as graph) broken into components
13. Providers to comply with AS ISO 10002-2006 re definition of ‘complaint’
14. Providers to comply with AS ISO 10002-2006 re complaint-handling visibility, accessibility, responsiveness, objectivity, charging, confidentiality, being customer-focused, accountability and continuous improvement
15. Providers to adopt benchmarks re timeliness in handling complaints; documenting procedures; and collecting, analysing and reporting complaints information

Comment

Initially, it will be up to the industry (through Communications Alliance) to redesign its TCP Code to satisfy ACMA.  If that fails, a mandatory new industry standard is inevitable.

What should service providers be doing now?

First, it is important to realise that the main points are all locked in – as far as ACMA is concerned.  Consultation on the changes is finished. There is room to refine the details, but the headline elements listed above are not negotiable for ACMA.

Second, you should consider whether you want to engage with Communications Alliance about any changes to the TCP Code.  These changes will affect you and your sales and delivery processes.  If you want to influence the TCP Code process, you’ll need to be prepared.  There are only five months left for Communications Alliance to produce a document that satisfies ACMA.

Third, you should start to think about how your business will comply with requirements along the lines of those outlined above.  What will your marketing / sales / delivery / complaints handling look like in 2012?  Will you be well positioned to prosper in the new environment?  How?

Tags: ACMA, IT Lawyers, technology lawyers, Telco Lawyers, telecommunications law, Telecommunications Lawyers
Posted in General, ISP and Telco Law, IT Law | Comments Off

Daniel Goncalves a Union County man has been sentenced to a term of 5 years imprisonment for the theft and sale of the domain name P2P.com, in what is believed to be the first domain name theft case of its kind.

It was alleged that in 2006 Goncalves gained unauthorised access to an AOL email account operated by the registrant of P2P.com, in order to authorise a transfer of the domain name. Once the name was transferred Goncalves apparently sold the domain name on Ebay for $111,000. He was later arrested on 30 July 2009 and was indited for a range of offences including computer theft. He plead guilty to those charges in 2010 and was this week sentenced.

The domain name has been returned to its rightful owners and the Court ordered that Goncalves pay an amount in restitution to the victims.

Tags: domain law, domain lawyer, domain name law, domain name lawyer, technology lawyer
Posted in Domain law and domaining, IT Law, Uncategorized | Comments Off

All states and territories of Australia (except for NSW) have agreed to introduce a new adult R18+ category of classification for computer games.

It is anticipated that current M15+ classified games, which are inappropriate for children will be reclassified to a new R18+ rating. Justice Minister Brendan O’Connor today said that the new classification was required to protect children from adult content, and that the existing refused classification system would be maintained to ensure that the most inappropriate content was not classified.

There has been significant debate on the introduction of a new adult category for computer games, with strong lobbying from the computer games industry. The debate has been ongoing for approximately 9 years.

It is expected that NSW will review and consider the agreement reached including amendments included in the draft proposal.

Tags: classification of computer games, computer games, computer law, IT Law, IT Lawyers, technology law, technology lawyers
Posted in General, IT Law, Uncategorized | Comments Off

In September 2011, the adult industry will get its own internet ‘red light district’ when the new .xxx top-level domains become available for registration.

ICM Registry, which has been approved by ICANN to administer the .xxx TLDs, has announced a pre-registration ‘sunrise’ period, starting on 7 September 2011 and running for 30 days.

In Sunrise A, members of the adult entertainment industry will be able to pre-reserve their desired .xxx domain names.

In Sunrise B, which will run concurrently with Sunrise A, trade mark owners in non-adult industries will be able to pre-emptively block the registration of a .xxx domain name that matches their trade mark.  It’s a defensive measure that ensures that a brand is not associated with explicit or adult-oriented content by removing the associated .xxx domain name from the pool of domain names able to registered.

The important points:

• To pre-emptively block a .xxx domain, trade mark owners must file a Sunrise B application between 7 September 2011 and 7 October 2011.
• A one-time fee is payable for a filing a Sunrise B application (not yet finalised but expected to be around US$200 to US$300.
• The blocked domain name must be the exact match of a nationally registered trade mark – e.g. trademark.xxx can be blocked but not trademark-porn.xxx.
• While Sunrise B is the only way a trade mark owner can pre-emptively opt-out of the .xxx domain space, there will be post-Sunrise mechanisms that trade mark owners can use to protect their brands (in addition to the existing UDRP process).

Sunrise B opens soon and will run for a very limited time.  Contact us to take advantage of this one-time opportunity to pre-emptively keep your valuable brands out of the .xxx neighbourhood.

Tags: domain law, domain lawyer, domain lawyers, domain name law, ICANN, technology law, trademark, trademark registration
Posted in Domain law and domaining, General, IT Law, Uncategorized | Comments Off

The ICANN Board meeting in Singapore, today approved the expansion of top level domain names.

The vote means that applicants may now seek to create their own domain name extension, for example .sport, .music and .bank.

In announcing the result of the vote, President and Chief Executive Officer of ICANN, Rod Beckstrom said:

“ICANN has opened the Internet’s naming system to unleash the global human imagination. Today’s decision respects the rights of groups to create new Top Level Domains in any language or script. We hope this allows the domain name system to better serve all of mankind“

The board vote was 13 vote for, 1 against, with 2 abstentions.

People or organisations wishing to create their own top level extension will need to comply with the Applicant Guide Book, which includes a requirement for the payment of a $185,000 application fee.

It is expected that there will be hot competition for generic extensions such as .food.

Tags: domain law, domain lawyer, domain name law, ICANN, new GTLDS, technology lawyer
Posted in Domain law and domaining, General, IT Law | Comments Off

The Australian Communications and Media Authority today foreshadowed six telco / ISP action areas it intends to address. While the six areas are described as ‘proposals’, ACMA is making it very clear that they will become law.

ACMA Chairman Chris Chapman is reported in today’s Age Online as follows:
Telcos will be given time to implement ACMA’s recommendations in their own self-regulatory industry codes but if they do not do so in a satisfactory way ACMA said it would force them to do so with new regulations.
“The outcomes that we are seeking … are non-negotiable,” Mr Chapman said. There will be a six-week consultation period after which ACMA expects the industry to begin implementing its recommendations.
“The die is cast, we’ve put it all out there in the report, the ‘guidance’ has been provided … the clock is ticking,” he said.

You can read more about in the Cooper Mills Telecommunications Law Bulletin.

Tags: ACMA, Chris Chapman, ISP, isp law, IT Law, Telco, Telco Lawyers, Telecom Lawyers, Telecommunications Lawyers
Posted in General, ISP and Telco Law, IT Law | Comments Off

National Cyber Security Awareness Week starts today and runs to 3 June. It is an initiative of the Australian Government, with a number of government agencies and business becoming involved in partnership.

This year it has added significance with internet security breaches increasing, including high profile security breaches involving Sony and Vodafone customers.

The aim of  National Cyber Security Awareness Week is to protect online security and online privacy. The Office of the Australian Information Commissioner has published a summary of some simple things that everyone can do to improve online security:

• Install and renew your security software and set it to scan regularly .

• Turn on automatic updates on all your software, including your operating system and other applications.

• Think carefully before you click on links and attachments, particularly in emails and on social networking sites.

• Regularly adjust your privacy settings on social networking sites.

• Report or talk to someone about anything online that makes you uncomfortable or threatened – download the government’s Cybersafety Help Button.

• Stop and think before you post any photos or financial or personal information about yourself, your friends or family.

• Use strong passwords and change them at least twice a year.

• Talk within your family about good online safety.

Tags: Internet Security, IT Law, National Cyber Security Awareness Week, Office of the Australian Information Commissioner, Privacy Law, Privacy Lawyer, technology lawyer
Posted in General, ISP and Telco Law, IT Law, Privacy | Comments Off