Posts Tagged ‘IT Lawyer’

Cyber Security Moves to PM’s Office

Tuesday, December 13th, 2011

Yesterday saw the Prime Minister reshuffle her cabinet, but in amongst the reshuffle was a one line comment which carried great significance, that is, Cyber Security Policy is now the responsibility of the Prime Minister and no longer that of the Attorney General’s Department.

In her speech the Prime Minister said: ‘Responsibility for cyber security policy will move from the Attorney-General’s portfolio to my portfolio.‘.

This marks an escalation in the importance of cyber security, especially in light of the compromise of the parliamentary email system in March this year.

While responsibility for the area has moved, it is not clear what impact this will have on Cyber Security Policy and whether a shift in focus is planned.

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auDA moves to abolish resale restrictions

Monday, September 5th, 2011

.au Domain Administrator, auDA, today announced that it had accepted the recommendations of the Secondary Market Working Group, which included the highly controversial prohibition on the resale of newly registered domain names within 6 months of registration.

Among the recommendations of the Board that were accepted by auDA are:

  1. mandate a registrant transfer process, along the lines of the registrar transfer process; and
  2. publish information for registrants about the registrant transfer process, including the fact that they can choose to transfer their domain name to another registrar prior to processing a change of registrant.
  3. The six month prohibition on registrant transfers should be removed.
  4. auDA should provide more information to the public about drop catching services, including clearly identifying the registrars that provide these services.
  5. AusRegistry should clarify its process for changing the Registry Usage Policy, including timing of changes and communications with registrars.
  6. auDA should publish a policy which:
  • clarifies that connection sharing between related registrars requires auDA’s prior written consent; and
  • specifically prohibits connection sharing between unrelated registrars.

The most noteworthy change was the removal of the restriction on the resale of domain names. This policy was seen to be inconsistent and illogical by many industry players. The restrictions did not apply to domain names transferred but only on new registrations.

Some industry observers say that this decision effectively removes restrictions on the trading of domain names, and brings Australia into line with almost every other jurisdiction around the world.

Other changes included the provision of more information to consumer and registrants about domain name transfers and domain name drop services.

 

 

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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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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

Online spoofs and the law

Tuesday, August 10th, 2010



A recent YouTube video campaign targeting Logie award winner and Home and Away Star Ray Meagher, has raised questions about free speech and internet law.

Cooper Mills Director Erhan Karabardak and IT Lawyer was interviewed by Channel 9′s ‘A Current Affair’ about his expert legal opinion on internet regulation of online media, and in particular his views on the so called comedy videos.

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Chinese and .xxx domain names approved

Saturday, June 26th, 2010

The ICANN Board has just approved the release of new IDN ccTLD domain names, while at the same time allowing for the creation of the controversial .xxx domain names.

The IDN ccTLD domain names approved by ICANN are:

• CNNIC (China Internet Network Information Center)
• HKIRC (Hong Kong Internet Registration Corporation Limited)
• TWNIC (Taiwan Network Information Center).

Speaking during the ICANN 38 meeting, ICANN CEO Rod Beckstrom announced that:

One fifth of the world speaks Chinese and that means we just increased the potential online accessibility for roughly a billion people.

This announcement comes hot on the heels of the recent release of the Russian and Arabic IDN ccTLD, which we announced with great fanfare.

The contraversial .xxx domain was allowed to pass with ICANN saying:

The ICANN board also voted to allow the application for the controversial .XXX top-level domain (TLD) to move forward. The ICM registry applied for the .XXX sponsored top-level domain as a potential community site for the adult entertainment industry. The Board approved a detailed set of next steps for the application, including expedited due diligence, negotiations on a draft registry agreement, and consultation with ICANN’s Governmental Advisory Committee.

The .xxx domain was first mooted in 2000 as a dedicated domain for the Adult industry, but fierce debate from supporters and detractors has raged since then. In 2007 the ICANN Board rejected a proposal to progress the .xxx, but in more recent times members of the ICANN board have expressed support for it, which has resulted in its return as a prominent issue.

Members of the Adult industry had feared that while the .xxx is descriptive of their businesses, that mandatory use of this TLD would isolated Adult websites.

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Cyber Security Code Launched

Monday, 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.

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Record domain name sales in Q1 of 2010

Wednesday, May 26th, 2010

A Sedo domain market study has confirmed a record sale of domain names in this year’s first quarter, in which close to 12 000 domain names were sold via the Sedo marketplace. These sales take the record for the highest selling quarter with an 18.6 percent increase from Q4 of 2009.

The Sedo study has indicated a swell in generic (gTLDs) and country code Top Lop Level Domains (ccTLDs). Sedo believes that the growth in the domain name market over the last quarter is due to an increase in market spending among larger corporations and the introduction of one and two-character domains and IDN domains that use a non-Roman script.

Closer to home, secondary domain markets have developed in the .au space with both Drop.com.au and Netfleet.com.au leading the way in sales which are achieving record prices. Drop.com.au shows domain sales as high as $18,000 for carparts.com.au while Netfleet achieved $6000 for graphicdesign.com.au.

Sedo is expecting a rise in sales to continue over 2010 as it believes that companies are starting to understand the critical role a domain name strategy plays in driving a successful marketing campaign.  Many large companies are investing heavily in branding and domain name sales. The study also highlights the importance for trademark owners to get in quickly and take action to protect brands.

Cooper Mills Director and Technology Lawyer Erhan Karabardak believes that the market will continue to grow and achieve higher prices, he says that:

With the end of the Global Financial Crisis, marketing budgets are increasing and companies are becoming more active with their online sales and marketing strategies which are key in the increasingly competitive market place.

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Australia gets tough on cybercrime

Tuesday, May 4th, 2010

Australia will strengthen its stance on cybercrime by signing the Council of Europe Convention on Cybercrime.

The move will see Australia join the European Union (EU), the United States, Canada, Japan and South Africa. The EU is pushing for the convention to become an international standard. Twenty-seven countries have so far signed the convention, however, more than 100 are using it to reform domestic laws.

Key points of the convention include:

  • Countries will have a representative available 24 hours a day to assist in investigations and create domestic laws.
  • The promise of greater international cooperation in fighting cybercrime.
  • The charting of criminal offences (offences against the confidentiality, integrity and availability of computer data and systems; computer-related offences including forgery and fraud; content-related offences, including child pornography; and offences related to the infringement of copyright and other related rights).

Australia’s signing of the Council of Europe Convention on Cybercrime follows our involvement in negotiations for the controversial Anti-Counterfeiting Trade Agreement and several national cybercrime attacks involving Federal Government websites and sites of major corporations. Signing the convention is one of many initiatives Australia is making to reduce our exposure to cybercrime and other potential cyber risks.

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Shock decision in Kentucky 141 Domains Case

Saturday, March 20th, 2010

In a judgment released by the Supreme Court of Kentucky on 18 March 2010, the decision of the Kentucky Court of Appeal, which found in favour of the domain owners, was overturned.

More to follow.

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