Posts Tagged ‘IT Lawyers’

4G network to go live

Wednesday, 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.

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Government approves internet censorship

Tuesday, December 15th, 2009

Breaking News – The Federal Government has today confirmed that it has given the green light to internet censorship in Australia.

The move comes after its internet filtering trials commenced in January 2009, as we previously reported.

Details to follow

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Microsoft throws pirates overboard

Tuesday, November 17th, 2009

Up to one million users who have modified their Xbox game consoles to play pirated games have blocked from logging onto their online accounts.

Microsoft has said that:

all consumers should know that piracy is illegal and that modifying their Xbox console to play pirated discs violates the Xbox Live terms of use, will void their warranty and result in a ban from Xbox Live.

Machines which are physically altered by attaching extra chips and other hardware violate Microsoft’s terms of use. Although Microsoft can do little to prevent offenders from using their machines to play pirate games, they can cut of online access which in many cases will cut off access to large parts of the game as more and more titles promote an online play element.

Online piracy is becoming an issue of growing concern for the entertainment industry.  Industries have to implement new techniques to prevent piracy from occurring. The music and film industry in the UK has lobbied for the new “three strikes” policy which comes into effect in April 2010. This will require ISPs to suspend internet services of those who ignore piracy warnings.

These new regulatory measures come as a backdrop to the AFACT/IINET case being fought in The Federal Court, about ISPs allegedly allowing copyright infringers to use ISP services.

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$15.75 Million fine for SMS Spammers

Sunday, October 25th, 2009

The Federal Court has issued a fine of $15.75 Million against spammers found guilty of using an elaborate scheme to deceptively obtain mobile phone numbers and spam them.

In August 2009 the Australian Communications and Media Authority (‘ACMA’) obtained default judgment against Mobilegate Ltd and Winning Bid Pty Ltd – and three individuals – Mr Simon Anthony Owen, Mr Tarek Andreas Salcedo and Mr Glenn Christopher Maughan.

The action commenced in late 2008 when the ACMA learned of the highly organised plan, where the ACMA alleges the spammers obtained mobile telephone numbers from dating websites, after posing as members of these websites. It is then alleged that:

  • after the numbers were obtained, unsolicited messages were sent to the mobile phone numbers offering the opportunity to chat via SMS using services described as the ‘Safe Divert’ or ‘Maybemeet’ services;
  • the chat was not offered by genuine members of dating websites but employees of Mobilegate and Winning Bid;
  • consumers were charged up to five dollars per message; and
  • when users questioned whether the messages were from a real person, they were told that it was a real person who was using the “Safe Divert” service to keep their mobile phone number private.

The ACMA claims that the spammers obtained more than $2 million from their scheme, which was in contravention of the Spam Act 2003.

The judgment is seen as a win for the ACMA in its fight against breaches of the Spam Act 2003, and is sure to serve as a serious warning to potential spammers.

Earlier this year the ACMA issued fines against Optus for breaches of the Spam Act 2003, as part of its campaign against spammers.

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Court allows Twitter

Monday, October 19th, 2009

In a report published by The Australian, it has been revealed that journalists have been using microblogging tool Twitter to provide live updates on the iiNet Case being heard before the Federal Court in Sydney.

According to The Australian, Justice Cowdrey said:

On the basis that Twittering does not distract or interfere with the conduct of my court, I personally have no objection to its use. I believe that the public has a legitimate right to be fully informed of proceedings, particularly proceedings such as (the iiNet case) which have attracted considerable public interest. Twittering can serve to inform the public in a more speedy and comprehensive manner than may be possible through traditional media coverage.

Ordinarily any form of recording device such as a video camera or tape recorder is prohibited in a Court, however, there are times where Judges will all the use of such devices.

This appears to be the first time where a Court has specifically addressed the issue of Twitter use within a Court room.

According to IT Lawyer and Cooper Mills Lawyers Principal, Erhan Karabardak:

This will not come as a surprise to many lawyers, who use laptops with wireless internet to send emails from within the Court during a proceeding.

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Telstra fined for Do Not Call Register Breaches

Wednesday, August 19th, 2009

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.

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Google Announces Next Generation Search Architecture

Tuesday, August 11th, 2009

Google today announced that it had been working on a secret project to build the next generation of Google’s dominant search engine.

The operating development search engine is accessible at http://www2.sandbox.google.com/.

According to Google:

It’s the first step in a process that will let us push the envelope on size, indexing speed, accuracy, comprehensiveness and other dimensions. The new infrastructure sits “under the hood” of Google’s search engine, which means that most users won’t notice a difference in search results.

Google’s aim at making the developmental search engine available is to gather feedback on the impact the new architecture may have on individual websites.

We have found that the new development search engine ranks our site lower than the existing search engine. The question that naturally arises is whether the next generation of Google’s search engine will rewrite the rules on search engine optimisation – only time will tell….

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Primus data centre knocked out again

Monday, August 10th, 2009

According to reports on Broadband News website Whirlpool, the iPrimus data centre at 55 King Street Melbourne was crippled over the weekend due to a now all to common data centre blackout.

Whirlpool says:

The power dropped around 3:45PM and caused Victorian and Tasmanian customers from ISPs such as Exetel, iiNet, Internode and Netspace to lose their broadband connections.

Internode was able to route around the problem by 4:15PM, while the other ISPs were back online around 5:30PM.

In a notice to customers, Primus blamed “high tension fuses in the CitiPower substation feeding our Data centre”, which it said was the same issue affecting power in February.

Backup diesel generators “failed to start due to a synchronization processor failure.” According to the notice, works to upgrade the substation that failed were already planned for next weekend.

With a recent outage in February 2009, one would have thought that Primus would have been more proactive in avoiding a repeat of the previous disaster.

The outage provides a timely reminder for companies with critical data centre need to ask their data centre provider simple questions such as:

  1. what redundant power arrangements are in place ?

  2. how often is the power redundancy system tested ?

  3. is there a meaningful SLA to give some level of assurance, and financial compensation if the worst does happen ?

These are some simple yet important questions to ask, if your data centre provider cannot answer these questions satisfactorily, then you should consider whether they are the best provider for your mission critical hosting requirements.

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Ahoy there! The Pirate Bay plans to go legitAhoy there!

Friday, July 24th, 2009

We had previously written about the conviction of The Pirate Bay operators and the controversy over the trial and the website, now the new owners of The Pirate Bay, one of the world’s largest file sharing websites, is planning to legalise the site.

A spokesperson for the new owners – Global Gaming Factory X – Chief Executive Hans Pandeya, said the site will not become a pure pay site. “For the great majority it will be free of charge, for a minority it will actually make them money, and for a small portion it will cost them,” he said.

Mr Pandeya claims the site will fully address the legal issues that troubled it before because income will be distributed between file sharers, copyright holders and others involved.

In April 2009, four men connected to The Pirate Bay site were sentenced to one-year prison terms and ordered to pay fines totalling US$3.8 million for violations of copyright law. These judgements again highlight the controvery over peer to peer file sharing. Closer to home iiNet is still battling the copyright owners over alleged peer to peer copyright infringement by users of its network.

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The Pirate Bay Judge biased

Wednesday, April 29th, 2009

Claims have emerged that the judge hearing a case involving the website The Pirate Bay which was alleged to have facilitated copyright infringement is a member of The Swedish Association for Copyright.

The revelations emerged during a Court of Appeal hearing over the heavy penalty handed down to the operators of The Pirate Bay website, which we previously reported on.

The applicants are seeking to over turn their convictions and have the prosecution dismissed.

The Court of Appeal decision decision is expected soon, depending on whether the matter is not referred to the European Court of Justice.

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