CooperMills

Archive for the ‘Privacy’ Category

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.

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

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 | No Comments »

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 | No Comments »

Google has announced the beta launch of  ‘interest based’ advertising on their partner sites and YouTube. Will this lead to better advertising ?

Interest based advertising is where advertising content is targeted at internet users based on current and past web surfing history. Typically this is achieved by using ‘cookies’, which are small files stored on the user’s computer, which contain browsing history data. This method of serving advertisements differs to Google’s traditional ‘keyword’ or ‘content’ based advertising, which relies on the keywords or website content to target advertising.

Google believes that:

“…..there is real value to seeing ads about the things that interest you. If, for example, you love adventure travel and therefore visit adventure travel sites, Google could show you more ads for activities like hiking trips to Patagonia or African safaris.“

Criticisms of online advertising sometimes arise from poor quality leads due to the deficiencies in reaching an advertisers target audience. Google’s new interest based advertising may lead to higher quality leads for advertisers and more relevant advertisements for web surfers.

No sooner than Google’s announcement, many people have come out criticising interest based advertising as a threat to privacy, as it relies on tracking the websites an end user visits.

Google claims that it has taken 3 important measures to ensure user choice and privacy, these are:

• Transparency – Users will able to click on advertisement labels to obtain more information about how advertisements are service and what information is used. Google also proposes to expand this in the coming year;
• Choice – Users will have access to the  Ads Preferences Manager tool which lets them “view, delete, or add interest categories associated with your browser so that you can receive ads that are more interesting to you.“
• Control – Users will be able to opt out of interest based advertising. Google have take some significant steps to ensure this by designing a plug in for web browsers to maintain the users choice.

We think Google’s interest based advertising may prove to give advertisers more qualified and better quality leads, while users will now see advertisements which are more relevant to their interests – resulting in a better user experience. Only time will tell, but at least Google has thought through the choice and privacy issues, and it appears to us as IT Lawyers, that they have implemented a sensible and effective process to ensure this.

Tags: Google Advertising, interest based advertising, IT Law, IT Lawyers, online advertising, Privacy, Privacy Law, Privacy Lawyers, technology law
Posted in Domain law and domaining, IT Law, Privacy | No Comments »

In the shadow of the Victorian bush fires, regulations create a new exception to the use and disclosure offences under Part 13 of the Telecommunications Act 1997.

Part 13 of the Act requires that Carriers, CSPs, their employees and contractors protect the confidentiality of protected information such as the content of communications, the affairs and personal particulars of people and namely the integrated public number database. The offences under this part are contained in sections 276 to 278, and can include a penalty of imprisonment against offenders.

s292(1) of the Act allows regulations to be made that provides for circumstances in which there may be exceptions to the offences under sections 276 to 278.

Although the Act already allows disclosure of documents and information in cases of threat to life or health (s287) in very limited situations, the Telecommunications Amendment Regulations 2009 (No.1) provides for an exception for the purpose of:

1. preventing or lessening a serious and imminent threat to the life or health of a person or a class of persons; or
2. ensuring that effective arrangements are in place to deal with such threats

The Explanatory Statement to these new Regulations states that:

The primary purpose of the Regulations is to allow emergency management authorities in each state and territory to obtain phone numbers and personal particulars (including any unlisted telephone or any address) of all the database listings for their respective state or territory for the purpose of ensuring effective arrangements are in place to deal with serious and imminent threats to life and health of persons. Such threats may emanate from natural disasters (such as bushfires and floods), criminal acts and non natural disasters (such as industrial accidents).

The Regulations permit disclosure of either (a) the information in an integrated public number database; or (b) a document that consists or relations to information contained in the integrated public number database.

Before disclosure is permitted there are 3 requirements that an authorised person must meet, these are:

1. certify to Telstra that the disclosure and use of the information is required for the two permitted purposes (as set out above); and
2. identify the recipient of the information; and
3. provide Telstra with an undertaking that (a) any disclosure or use by a person other than Telstra or an employee of Telstra will be fore the same purpose; and (b) reasonable steps will be taken to ensure that any disclosure or use by a person other than Telstra or an employee of Telstra will not adversely affect the operation of Telstra telecommunications network;

There are also a number of safeguards requiring destruction of information when no longer required, and authority for the Privacy Commissioner to monitor the use of the information or documents.

We recently received an emergency communication from the Victoria Police, which we presume took advantage of these new Regulations, by way of an SMS warning of:

Extreme weather in Vic expected Mon night & Tues. High wind & fire risk. Listen to Local ABC Radio for emergency updates. Do not reply to this msg.

This Regulation is a welcome yet long over due regulatory development.

Tags: isp law, ISP Lawyers, Privacy, Telco Law, telecommunications law, Telecommunications Lawyers
Posted in ISP and Telco Law, Privacy | No Comments »