Posts Tagged ‘IT Law’

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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Sony apologises for Playstation hack

Tuesday, May 3rd, 2011

Sony executives have apologised for a security breach, which occurred in April 2011, in which approximately 1.5 million Australian Playstation user accounts were compromised by hackers.

It has been claimed that hackers reportedly stole close to 280,000 credit card numbers from Playstation users, who have  accounts to enabling online game play.

Following the security compromise Sony shutdown the system on 20 April 2011, but has only now admitted to the security compromise which has shaken the confidence of Playstation users, and has prompted concern by the Government and privacy authorities.

In recent days, claims have arisen that, the stolen credit card information has been offered for sale in underground hacker forums.

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Privacy Awareness Week 2011

Monday, May 2nd, 2011

Cooper Mills Lawyers is once again proud to partner with the The Office of the Australian Information Commissioner to promote Privacy Awareness Week 2011.

Privacy Awareness Week was launched today, with the aim of encouraging people to exercise their privacy rights and to take steps to make sure their personal information is handled in accordance with the law.

As part of Privacy Awareness Week, The Office of the Australian Information Commissioner has timetabled a week of events as follows:

 

Monday 2 May

  • Launch of Privacy Awareness Week, including launch of Asia Pacific Privacy Authorities social networking and privacy survey and animation
  • Australian Privacy Commissioner Timothy Pilgrim speaks with Deborah Cameron 702ABC Sydney
  • Australian Privacy Commissioner Timothy Pilgrim will join Victorian Privacy Commissioner Helen Versey at an event to discuss the use and disclosure of personal and health information, e-health and service delivery reform at the Victorian Department of Human Services. This presentation will be filmed and screened at regional offices in Geelong and Wangaratta during Privacy Awareness Week.

Tuesday 3 May

  • Australian Information Commissioner Professor John McMillan will launch Information Awareness Month 2011, a collaborative event between various bodies within the records, archives, library, knowledge, information and data management communities and now in its sixth year. The theme for IAM 2011 is Information overload: Finding the tree in the digital forest. Professor McMillan will also discuss Privacy Awareness Week.
  • Launch of 2011 privacy case notes

Wednesday 4 May

  • Australian Privacy Commissioner Timothy Pilgrim will speak about privacy issues relating to marketers in new online channels including collection of personal information from public sources and online behavioural advertising at a Privacy Awareness Week cocktail event hosted by the Australian Direct Marketing Association (ADMA)
  • Launch of online behavioural advertising FAQs

Thursday 5 May

  • Australian Information Commissioner Professor McMillan will address staff from the Department of Human Services about protecting privacy rights, handling personal information and Australian privacy law reform

Friday 5 May

  • Privacy Awareness Week 2011 wrap up
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ICANN Releases new GTLD Applicant Guidebook

Tuesday, April 19th, 2011

ICANN has released the eagerly awaited revised draft of the Applicant Guidebook for new GTLDs. This draft document has been released for public comment.

As part of its timeline for the launch of new GTLD domains, ICANN’s release of the Applicant Guidebook is a critical part of the process.

The development of the Guidebook has at times seen hot debate about the process for new GTLD applicants. The Guidebook is made up of 6 modules. The draft Guidebook is also accompanied by explanatory memorandum to assist in interpretation, with ICANN stating:

These memos were developed to document the latest position on these topics by taking into account the current thinking, discussions and public comments received. Each memo not only reflects GAC advice but also contains the reasoning and rationale on each of the relevant issues regarding the launch of the New gTLD Program and Applicant Guidebook.

ICANN plans to release the final version by 30 May 2011, prior to its 20 June 2011 extraordinary meeting.

A full copy of the draft Guidebook and explanatory memorandum is available here.

Lawyers and other domain industry participants are encouraged to make submissions on the draft documents.

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iiNet wins appeal

Thursday, February 24th, 2011

The Full Court of the Federal Court of Australia has today dismissed the appeal by AFACT against iiNet’s earlier win the in Federal Court.

We will bring you more analysis of the decision shortly.

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Auction heightens the voltage on electricity.com.au

Friday, January 7th, 2011

We recently saw hardware.com.au snapped up by Bunnings rival Woolworths after they failed to renew the highly sought after domain, and today was SPI’s turn, failing to renew electricity.com.au which achieved a sale price of $31,000 at auction.

According to its website, SPI Electricity & Gas Australia, part of the large Singapore Power Group, operates the transmission networks for gas and electricity in Victoria, and boasts an electricity network of 6500km.

The successful bidder was Pacific Octane, an online media group who acquired electricity.com.au in spirited bidding today for $31,000.

Domain names are of critical importance to business both on and off line, and business needs to value and protect intellectual property rights.

Cooper Mills Director, IT and Domain Name Lawyer, Erhan Karabardak said that “Intellectual property, including its protection should be a critical part of any business strategy. This is even more important, as most businesses and consumers now carry on business not just in their local area, but globally via the internet.

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Court allows service by Twitter

Friday, December 24th, 2010

In what is believed to be an Australian first, the Federal Court of Australia has allowed service of legal proceedings by Twitter.

Justice Marshall of the Federal Court, sitting in Melbourne, directed that a 17 year old girl, who has been the centre of attention in the ‘nude photo’ proceedings brought by football player Sam Gilbert, be served with a copy of an injunction by email and by twitter. In his Order, His Honour Justice Marshall said:

Notwithstanding the provisions the rules of O37 r2, the Applicant have leave to serve this order on the First Respondent by sending a copy of the order to the First Respondent by email at the address [email address suppressed in this blog post] and posting a copy of the order on Twitter addressed to the First Respondent at the Twitter account its [account name suppressed in this blog post] together with notice that an email containing the order has been sent to the First Respondent.

In an interlocutory hearing scheduled for 2:15pm 24 December 2010, the Applicant, Mr Gilbert, is seeking the following relief from the Court:

(a)        The First Respondent forthwith delete permanently and destroy all copies of the Photographs or any other photograph, image or video sourced from the computer of the Applicant which is in her custody, possession or power, whether in printed or electronic format and including without limitation copies stored on an internet account or website, computer hard drive, memory stick, mp3 device, camera, phone or in any other electronic repository or format.

(b)        Within 14 days after service of this order, the First Respondent make, file and serve an affidavit deposing to the steps taken to comply with the foregoing herein.

Earlier this year an Australian Court allowed service of proceedings via social networking site Facebook.

Typically these unusual methods of service are referred to as  ‘substituted service’, where a person cannot be served through traditional means such as by post or personal, as they cannot be located or are avoiding service. All Australian Courts have broad powers allowing substituted service.

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Hardware.com.au achieves record price

Monday, December 13th, 2010

In an auction conducted by Drop.com.au yesterday, domain name hardware.com.au sold for a record $33,333.

Hardware.com.au was an expired domain name which Bunnings forgot to renew. It is believed that the purchaser is Woolworths (through their advertising agency) who plan to start a competing hardware business in Australia.

No doubt heads will roll at Bunnings when they learn that a potential competitor has acquired the domain.

Values of .au names have increased dramatically over the past 12 months, however, many investors are still reluctant to invest money in .au due to heavy regulation, some of which amounts to censorship of content.

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Posted in Domain law and domaining | 1 Comment »

More Posts Coming Soon

Tuesday, December 7th, 2010

We have more IT Law, Domain Law and Telecommunications Law posts coming soon.

Watch this space.

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Posted in Domain law and domaining, General, ISP and Telco Law, IT Law, Podcasts, Privacy, Spam, Trade Practices Law, Uncategorized | Comments Off

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.

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