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Posts Tagged ‘isp law’Cyber Security Code LaunchedMonday, June 7th, 2010 On 4 June 2010 the Government in association with the Internet Industry Association launched the Voluntary Industry Cyber Security Code for ISPs. The voluntary code is aimed at having ISPs join in contributing to cyber security, whether assisting customers understand risks and looking out for them, or notifying police when they become aware of unlawful activity. The benefits to ISPs are obvious from a marketing perspective, this is further boosted by eligibility to display the ‘iCode Compliant’ badge on their websites. Many ISPs would argue that they already provide customers with detailed information on keeping their computers safe, and already notify law enforcement when they become aware of unlawful activity. The Code is expected to come into force on 1 December 2010. Tags: isp law, ISP lawyer, IT Lawyer, technology lawyer ACMA determination on premium SMS restrictionsWednesday, May 5th, 2010 Consumers will have the choice of barring all premium SMS from their mobile phones as of 1 July 2010, with the latest package of measures announced by the ACMA. The ACMA has said that the package has been created so that “…mobile users can feel confident they will only receive and pay for services they actually want”. In a meeting with senior representatives of mobile phone companies the ACMA will discuss the possibility of the introduction of a service where consumers can request quick and easy barring via SMS. Complaints to the Telecommunications Industry Ombudsman regarding premium SMS services have decreased by an astonishing rate of 50% following measures introduced by ACMA last year. As the ACMA is hoping that this trend will continue, it will be closely monitoring the industry over the next 12 months to ensure that consumer concerns are adequately being dealt with. Recent enforceable undertakings that the ACMA has accepted from Funmobile Australia Pty Limited, which included a payment of $55 000, emphasize the ACMA’s commitment to pursuing telcos which repeatedly operate in breach of the law. Industry has welcomed the new package as a further reinforcement of the existing suite of consumer protection measures included in the Communications Alliance Mobile Premium Services Industry Code C637:2009. Despite both consumers and industry receiving the package with a warm welcome, the telcos will be hit hard. In a quote published by Computer World, Warren Chaisatien, research director and principle analyst at Telstyle, says that although the rule will aid consumers who have unintentionally signed up to a premium services, it is likely to have a negative impact on telco revenues as the premium SMS market was worth approximately $250 million in 2009. Tags: ACMA, isp law, ISP Lawyers, Premium SMS, telco lawyer, telecommunications law, Telecommunications Lawyers, telo lawyers AFACT to appeal iiNet judgmentThursday, February 25th, 2010 Reports today indicate that AFACT has sought leave to appeal the landmark copyright infringement judgment handed down against it, earlier this month. This comes on the back of a notice of motion filed by AFACT against iiNet with the Federal Court on 18 February 2010 – that motion is scheduled to be heard by the Court on 4 May 2010. We will keep you posted once more information is to hand. Tags: AFACT, copyright infringement, copyright law, iiNet, IP Law, IP lawyer, IP lawyers, isp law, ISP lawyer, ISP Lawyers iiNet wins landmark caseThursday, February 4th, 2010 Justice Cowdry of the Federal Court of Australia this morning brought down judgment in the iiNet copyright case, in which the Australian ISP was successful. It was alleged by 34 applicants made up of film studios such as Sony and Warner Bros that iiNet had facilitated copyright infringement, by allowing customers to use peer to peer software to download pirate versions of movies and other copyrighted material. The Court held that the law did not impose a positive obligation upon iiNet to prevent copyright infringement. The result comes as a slap in the face to the big film studios who had vigorously pursued this case. This case had attracted international attention and had resulted in legislative changes in jurisdictions such as the UK, where ISPs have an obligation to disconnect customer who infringe copyright. ISP Lawyers and Telecommunications Lawyers have for some time been debating the merits of this case – some commentators don’t think that this is the end of the matter, with the films studios having the ability to appeal the judgment on points of law. More to follow……. Tags: iiNet, isp law, ISP Lawyers, IT Lawyers, telecommunications law, Telecommunications Lawyers 4G network to go liveWednesday, December 16th, 2009
Telecommunications Company TeliaSonera has said it is recruiting customers to pilot its new 4G network in Oslo and Stockholm which will be launched in early 2010. The 4G network is configured around the Long Term Evolution (LTE) technology, with data speeds of up to 100 megabits per second, which is significantly faster than existing 3G networks. The 4G roll out has be designed to easily deploy by overlaying existing 3G infrastructure. Customers will initially connect to the network via a Samsung B3710 USB dongle and a laptop, as no handsets can yet use the 4G network. The Samsung B3710 lets users download at max speeds of 100Mbps. The B3710 is set to be available in the first half of 2010, in time for the first live customer tests. Handsets that can use LTE are expected in mid-late 2010. Ericsson has constructed the network in Stockholm, Sweden while in Oslo, Norway Chinese firm Huawei is behind the operations. Both networks cover the central regions in both cities. Most operators have committed to upgrading to the faster system, and TeliaSonera expects that the advance is speed will drive the use of many novel applications such as gaming and viewing of video on laptops. Tags: 3G network, 4G network, data network, isp law, ISP Lawyers, IT Law, IT Lawyers, Telco Law, telecommunications law, Telecommunications Lawyers ACCC targets mobile internet advertisingTuesday, October 6th, 2009 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 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:
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 New website aims to increase online safetyThursday, July 23rd, 2009 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 Green Tree Frog issued with ACMA directionWednesday, June 3rd, 2009 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:
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 Dodo in trouble againFriday, May 8th, 2009 Dodo Australia Pty Ltd has been forced to give a Court enforceable undertaking to issue refunds customers and discount monthly plans, as a result of an ACCC investigation into misleading statements statements made by the Telco. According to the ACCC, Dodo advertised free offer plans between October 2008 and March 2009 on both the television and its website. The ACCC also said:
Customers on the following plans may have been affected, and ultimately may be eligible for discounts or refunds:
Dodo is not new to controversy, previously having received a wrap over the knuckles from both the ACMA and the ACCC for various alleged breaches of the law. Tags: isp law, ISP Lawyers, telecommunications law, Telecommunications Lawyers, Trade Practices Complaint handling tops the listWednesday, April 8th, 2009 The TIO’s recently released December 2008 quarter complaints statistics identify complaint handling as a problem area for ISPs and Telcos. The TIO statistics show that complaints around complaint handling are increasing across all service segments:
The statistics are a timely reminder of the Complaint Handling obligations contained in the Telecommunications Consumer Protections Code C628:2007. Clause 9 of the TCP Code imposes a number of obligations, the core of which are:
It is also a requirement under clause 9.1.4 of the TCP Code that:
The success of compliance can in large part be impacted by staff training and awareness of the procedures and policies. This needs to be addressed to ensure effective TCP Code compliance. Non-compliance may cause the ACMA to take action by issuing formal directions or taking other enforcement action. Tags: Code Compliance, isp law, ISP Lawyers, telecommunications law, Telecommunications Lawyers, TIO |
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