Posts Tagged ‘technology law’

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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Samsung free to sell Galaxy Tab

Friday, December 9th, 2011

The High Court has today refused Apple’s special leave application to appeal against an earlier Full Federal Court of Australia decision, which lifted an interlocutory injunction original obtained by Apple against Samsung.

Earlier this year, Apple had sought and obtained an interlocutory injunction in the Federal Court against Samsung preventing the sale of its Galaxy 10.1 Tablet computer, a serious competitor to the Apple iPad. On appeal to the Full Court of the Federal Court, the injunction was overturned. Apple then made a special leave application (which is the process by which the High Court determines whether it will hear an appeal from the Full Federal Court) to overturn the Full Federal Court’s decision. While Apple was originally granted a reprieve, with the High Court maintaining the injunction until its decision today, the injunction was ultimately lifted when Apple failed in its bid to have the High Court hear the matter.

The effect of today’s decision is that:

  1. Samsung is now free to sell its popular Galaxy 10.1 Tablet computer, which has been touted by some as the ‘iPad killer’. The decision came just in time for Samsung to capitalise on the Christmas sales period; and
  2. Samsung may now be entitled to sue Apple for damages arising from Apple’s undertaking as to damages (the undertaking is basically a promise to make good any damage which arises from the injunction if a party does not ultimately sustain its grievance in Court). Such an action would involve a potential claim of tens of millions of dollars.
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VIC and NSW Governments team up for new GTLD tender

Wednesday, October 26th, 2011

The Victorian and New South Wales governments have teamed up to open a tender for the application and provision of registry services for new GTLDs including .melbourne and .sydney.

The tender appears to be for a ‘start to finish’ service provider who can apply to ICANN for the GTLDs, manage the process and provider registry services.

There are a number of local players who would be likely to bid in the tender process, including Melbourne IT (who originally managed the .au space) and Ausregistry who currently provides registry services for the .au space (as well as a number of other international TLD and ccTLDs).

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R18+ on the way

Sunday, July 24th, 2011

All states and territories of Australia (except for NSW) have agreed to introduce a new adult R18+ category of classification for computer games.

It is anticipated that current M15+ classified games, which are inappropriate for children will be reclassified to a new R18+ rating. Justice Minister Brendan O’Connor today said that the new classification was required to protect children from adult content, and that the existing refused classification system would be maintained to ensure that the most inappropriate content was not classified.

There has been significant debate on the introduction of a new adult category for computer games, with strong lobbying from the computer games industry. The debate has been ongoing for approximately 9 years.

It is expected that NSW will review and consider the agreement reached including amendments included in the draft proposal.

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Keeping it clean: trade mark owners and .xxx domains

Monday, July 11th, 2011

In September 2011, the adult industry will get its own internet ‘red light district’ when the new .xxx top-level domains become available for registration.

ICM Registry, which has been approved by ICANN to administer the .xxx TLDs, has announced a pre-registration ‘sunrise’ period, starting on 7 September 2011 and running for 30 days.

In Sunrise A, members of the adult entertainment industry will be able to pre-reserve their desired .xxx domain names.

In Sunrise B, which will run concurrently with Sunrise A, trade mark owners in non-adult industries will be able to pre-emptively block the registration of a .xxx domain name that matches their trade mark.  It’s a defensive measure that ensures that a brand is not associated with explicit or adult-oriented content by removing the associated .xxx domain name from the pool of domain names able to registered.

The important points:

  • To pre-emptively block a .xxx domain, trade mark owners must file a Sunrise B application between 7 September 2011 and 7 October 2011.
  • A one-time fee is payable for a filing a Sunrise B application (not yet finalised but expected to be around US$200 to US$300.
  • The blocked domain name must be the exact match of a nationally registered trade mark – e.g. trademark.xxx can be blocked but not trademark-porn.xxx.
  • While Sunrise B is the only way a trade mark owner can pre-emptively opt-out of the .xxx domain space, there will be post-Sunrise mechanisms that trade mark owners can use to protect their brands (in addition to the existing UDRP process).

Sunrise B opens soon and will run for a very limited time.  Contact us to take advantage of this one-time opportunity to pre-emptively keep your valuable brands out of the .xxx neighbourhood.

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Cooper Mills Bulletin on ACMA DNCR Industry Standard

Wednesday, June 8th, 2011

The Australian Communications and Media Authority foreshadows changes to telemarketing rules contained in the Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2007.

Some of the proposed changes include:

  1. Revising Saturday calling times;
  2. Information provision;
  3. Additional CLI Information;

For more detail on the proposed changes, you can download the Cooper Mills Bulletin here.

 

 

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ICA files letter of comment on URS

Monday, May 16th, 2011

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.

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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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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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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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