Archive for the ‘IT Law’ Category

R18+ on the way

Sunday, July 24th, 2011

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.

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Keeping it clean: trade mark owners and .xxx domains

Monday, July 11th, 2011

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.

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ICANN Approves New GTLDs

Monday, June 20th, 2011

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.

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Cooper Mills Bulletin on ACMA Crackdown

Wednesday, June 1st, 2011

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.

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National Cyber Security Awareness Week Starts

Monday, May 30th, 2011

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.

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‘Max Cap’ lands Optus in Hot Water

Thursday, May 19th, 2011

The ACCC has fined Singtel Optus Pty Ltd $178,000 for misleading conduct arising out of its ‘Max Cap’ marketing campaign.

The ACCC’s view is that the Optus’ Max Cap advertisements:

….gave the impression that a consumer could purchase these cap plans and expect to pay a maximum specified amount per month, when in fact the specified amount was the minimum the consumer would pay each month.

The advertisements at issue contained the Max Cap $49, which wasn’t a cap, but rather the minimum a customer would need to spend.

In commenting on the conduct of concern to the ACCC, acting ACCC Chairman Mr Peter Kell said:

If you advertise a service as a ‘$49 Max Cap’ when $49 is the minimum that consumers have to pay, then you risk breaching the law by misleading consumers about the cost of the service,” and “Claims that a service allows consumers to call ‘anyone’ are likely to be misleading if the reality is that some types of calls are excluded“.

All ISPs and Telcos should have a process in place to review advertisements, not only to ensure compliance with the Competition and Consumer Act 2010 but also the Telecommunications Consumer Protections Code.

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ICA files letter of comment on URS

Monday, May 16th, 2011

The Internet Commerce Association (ICA), the peak body representing domain name investors and developers, has filed its letter of comment to ICANN concerning the revised Verisign contract for the operation of the .Net registry.

As part of the contract review process, ICANN is being lobbied by intellectual property owners to implement a draconian Uniform Rapid Suspension (URS) system in the .Net space.

The URS has been proposed for new GTLDs, and there are now moves to introduce it into the .Net space by intellectual property holders.

The ICA is opposed to the implementation of the URS. In the ICA’s letter to ICANN it argues that (in relation to the URS):

The .Net registry is far too important to be a “guinea pig” for these incomplete, controversial, and thoroughly untested mechanisms.

Among its submissions the ICA also says:

It is not yet clear what the final form of the URS will be. In particular, it remains unclear whether the URS will be further amended to reduce the burden of proof on a complainant, and to provide a complainant with first option to acquire a suspended domain. The transfer option in particular would make this proposed $300, 500-word complaint, single examiner URS procedure the functional equivalent of the UDRP – which, despite its flaws, offers a far higher level of procedural and substantive due process to domain registrants.

To view a full copy of the ICA submissions click here.

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Microsoft to Buy Skype for $8.5 Billion

Thursday, May 12th, 2011

In one of the largest acquisitions in recent history Microsoft is set to acquire Skype for $8.5 billion.

Microsoft hopes to use the acquisition to bolster its real time communications strategy to supplement Lync, Outlook, Messenger, Hotmail and Xbox LIVE

In 2010 Skype was reported to have ’170 million connected users and over 207 billion minutes of voice and video conversations’.

According to Microsoft, ‘Skype will support Microsoft devices like Xbox and Kinect, Windows Phone and a wide array of Windows devices, and Microsoft will connect Skype users with Lync, Outlook, Xbox Live and other communities. Microsoft will continue to invest in and support Skype clients on non-Microsoft platforms‘.

While Microsoft has pledged to continue supporting non Microsoft platforms, critics have claimed that the acquisition could eventually lead to Skype only being supported on Microsoft platforms.

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Privacy Week Survey

Wednesday, May 4th, 2011

As part of Privacy Week, the Asia Pacific Privacy Authorities have released an animation and e-survey to learn more about privacy and social networking.

The emergence of social networking websites such as Facebook, Twitter and others raise new challenges to privacy. Provide your feedback today, and complete the survey.

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auDA Calls for Public Comment

Tuesday, May 3rd, 2011

auDA, the Australian Domain Name Regulator has today released the draft recommendations of the 2010 Names Policy Panel for public comment.

The 2010 Names Policy Panel (“the Panel”) have considered the following policies (as part of auDA’s request for a review):

  • Domain Name Eligibility and Allocation Policy Rules for the Open 2LDs (2008-05)
  • Guidelines for Accredited Registrars on the Interpretation of Policy Rules for the Open 2LDs (2008-06)
  • Reserved List Policy (2008-03)
  • Prohibition on Misspellings Policy (2008-09)
  • Domain Monetisation Policy (2008-10)

Public comment on the draft recommendations will be open until Friday 10 June 2011. A full copy of the draft recommendations are available from the auDA website.

The draft recommendations clearly show a reluctance by the auDA Panel to change the excessively regulated .au domain space. Among some of the draft recommendations, the Panel has recommended that:

  • the Domain Monetisation Policy be abolished and incorporated in to the Domain Name Eligibility and Allocation Policy Rules;
  • existing eligibility criteria for domain name registrants be retained;

The public are encouraged to provide feedback to the Panel – a copy of the draft recommendations can be found here.

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