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The Internet Commerce Association (ICA), the peak body representing domain name investors and developers, has filed its letter of comment to ICANN concerning the revised Verisign contract for the operation of the .Net registry.

As part of the contract review process, ICANN is being lobbied by intellectual property owners to implement a draconian Uniform Rapid Suspension (URS) system in the .Net space.

The URS has been proposed for new GTLDs, and there are now moves to introduce it into the .Net space by intellectual property holders.

The ICA is opposed to the implementation of the URS. In the ICA’s letter to ICANN it argues that (in relation to the URS):

The .Net registry is far too important to be a “guinea pig” for these incomplete, controversial, and thoroughly untested mechanisms.

Among its submissions the ICA also says:

It is not yet clear what the final form of the URS will be. In particular, it remains unclear whether the URS will be further amended to reduce the burden of proof on a complainant, and to provide a complainant with first option to acquire a suspended domain. The transfer option in particular would make this proposed $300, 500-word complaint, single examiner URS procedure the functional equivalent of the UDRP – which, despite its flaws, offers a far higher level of procedural and substantive due process to domain registrants.

To view a full copy of the ICA submissions click here.

Tags: domain lawyer, domain name lawyers, ICA, IT Law, lawyers, technology law, technology lawyer
Posted in Domain law and domaining, General, IT Law | Comments Off

Social networking sites pose privacy concerns for their users – in recent times websites such as Facebook have had to revamp privacy settings to help people protect their privacy.

Do you know what you can do to protect your privacy on social networking sites ?

As part of Privacy Awareness Week 2011, the Asia Pacific Privacy Authorities have set out a simple list of tips to help:

1. Know the privacy policy and settings of the social networking sites you use
2. Think about the information you share and how it’s being used, eg, what might a future employer or partner think if they read it?
3. Remember, the internet lets your information be collected and shared easily. The harmless information you post could be added to the mix, creating a full profile about you. Who might see it?
4. Sharing information with just a few people doesn’t stop it reaching a wider audience; be aware who might pass things on
5. Before you post and tag pictures of someone else, ask for their consent – and request that they do the same to you
6. Set up ‘friend’ groups to control the access different people in your life have to your personal details
7. Don’t accept friend requests from people you don’t know
8. Location based check-ins can be risky. Do you really want everyone to know that no-one’s home?

Tags: lawyers, Privacy Law, Privacy Lawyers, Social Networking Law
Posted in General, Privacy | Comments Off

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

Tags: IT Law, lawyers, Office of the Australian Information Commissioner, Privacy Law, Privacy Lawyers, Telecommunications Lawyers
Posted in General, IT Law, Privacy, Uncategorized | Comments Off

Business sales are part of most succession plans, and getting it right can make the world of difference. Most small business owners engage the services of a licensed real estate agent or licensed business broker.

This is usually the first and only dealing with a business broker or agent. Key issues that you should consider when dealing with a business broker / agent:

Term of Appointment

All contracts with business brokers and agents will have a minimum period of appointment, with an additional period called a continuing period after this time. You should consider appointing an agent for a set period with no additional or continuing period, this will make your agent work harder and will help you avoid being locked into a relationship which isn’t working.

Commissions

Business brokers and agents almost always charge their commission on a variable basis, for example 5% of the sale price, but often charge additional fees / charges. You should be clear to find out, before signing an agreement, whether this is the total of the agent or business broker’s fee, or whether there are additional advertising and retainer fees payable. If you don’t ask this question, it can be a costly mistake.

Remember, you can negotiate, you may offer a lower commission with an incentive payment where the broker/agent achieves target sale price – it pays to shop around. It’s not always about the commission, do your research, to make sure the agent you pick is selling.

Contracts

Finally when you find a buyer and the deal is ready to be done, you need to sign a contract of sale of business (and in some cases a share sale agreement). Many business brokers and agents use a standard form document, while these documents are generally suitable for a very small number of businesses, they can’t always address the complexities of each individual sale. You should never rely on a business broker or agent to prepare a contract for you, lawyers commonly see a number of mistakes that business brokers and agents make, for example:

1. changes to the standard form contracts, which can lead to unintended consequences;

2. in most cases special conditions need to be drafted, business brokers and agents are not lawyers, they do not understand the legal complexities of contracts and are not qualified to draft special conditions – lawyers have seen many examples of poorly drafted clauses which have the reverse legal effect to what was intended;

3. clients can suffer severe tax consequences as a consequence of contracts that do not properly consider tax and corporate planning issues.

Before you sell your business you should always speak to your lawyers and accountants to obtain the right advice – and before you appoint and broker/agent do your homework.

Tags: business sale, commercial lawyers, contract law, lawyers, small business
Posted in General, Uncategorized | Comments Off