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Posts Tagged ‘telecommunications law’iiNet wins landmark caseThursday, February 4th, 2010 Justice Cowdry of the Federal Court of Australia this morning brought down judgment in the iiNet copyright case, in which the Australian ISP was successful. It was alleged by 34 applicants made up of film studios such as Sony and Warner Bros that iiNet had facilitated copyright infringement, by allowing customers to use peer to peer software to download pirate versions of movies and other copyrighted material. The Court held that the law did not impose a positive obligation upon iiNet to prevent copyright infringement. The result comes as a slap in the face to the big film studios who had vigorously pursued this case. This case had attracted international attention and had resulted in legislative changes in jurisdictions such as the UK, where ISPs have an obligation to disconnect customer who infringe copyright. ISP Lawyers and Telecommunications Lawyers have for some time been debating the merits of this case – some commentators don’t think that this is the end of the matter, with the films studios having the ability to appeal the judgment on points of law. More to follow……. Tags: iiNet, isp law, ISP Lawyers, IT Lawyers, telecommunications law, Telecommunications Lawyers GSM Encryption CrackedSaturday, January 2nd, 2010 According to news reports, German researchers claimed to have cracked the A5/1 encryption technology used to encrypt GSM mobile phone calls, which represents approximately 80% of the worlds mobile phone users. These claims have raised concerns with some mobile operators, who claim that if this finding were to be used by criminals, GSM telephone call could be intercepted and monitored relatively easily and cost effectively. This type of conduct is prohibited under Australian law. IT and Telecommunications Lawyer, Erhan Karabardak, Principal of Cooper Mills Lawyers, said:
Tags: Telco Law, Telco Lawyers, Telecom Law, Telecom Lawyers, telecommunications law, Telecommunications Lawyers Happy Holidays – Seasons GreetingsSunday, December 27th, 2009 To all of our clients and visitors to our blog, we wish you seasons greetings and a safe and prosperous new year. Thank you for your support in 2009, and we look forward to working with you in 2010. Our office will be re-open on 11 January 2010. Stay tuned for our new IT Law, Telecommunications Law, Domain Law and general Commercial Law articles / posts. Tags: Commercial Law, domain law, domain name law, IT Law, telecommunications law 4G network to go liveWednesday, 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. Tags: 3G network, 4G network, data network, isp law, ISP Lawyers, IT Law, IT Lawyers, Telco Law, telecommunications law, Telecommunications Lawyers New IT Law and Domain Law PostsThursday, December 10th, 2009 We are working on bringing you some more new and interesting IT Law and Domain Law posts and articles shortly. To assist us to cater to our audience, if you have any specific requests for IT Law, Domain Law or Telecommunications Law articles or information, feel free to drop us a note at info@coopermills.com.au Tags: domain law, domain lawyer, IT Law, IT Lawyer, telecommunications law, Telecommunications Lawyers ACCC targets mobile internet advertisingTuesday, October 6th, 2009 The ACCC has announced the launch of an Information Paper entitled “Mobile and Other Wireless Internet Speed Claims and the Trade Practices Act 1974”.
The Paper has been developed to assist ISPs in ensuring that their advertising for mobile and wireless internet is compliant with the Trade Practices Act 1974, and in particular the consumer protection provisions. In launching the Paper, ACCC Chairman, Graeme Samuel said that:
The ACCC has warned ISPs not to advertise terms such as ‘maximum’, ‘up to’ or ‘peak network’ speeds, “if those speeds are not generally achievable or likely to be achieved by consumers using the network.”. The ACCC warning indicates that it is taking a similar approach to that previously taken with ADSL2+ advertising. The ACCC has expressed the view that ISPs should:
The Paper also contains an Industry Checklist to assist with compliance – ISPs are reminded that they should also remember to ensure compliance with CommsAlliance Code C628:2007 TCP Code. Compliance takes added significance in light of the ACCC’s recent actions in securing enforceable undertakings against some of Australia’s largest ISPs. Tags: isp law, ISP Lawyers, Telcommunications Lawyers, telecommunications law, Trade Practices Act 1974, Trade Practices Law Green Tree Frog issued with ACMA directionWednesday, June 3rd, 2009 The ACMA has issued ISP, Green Tree Frog, with a remedial direction, arising out of its alleged failure to comply with directions of the Telecommunications Industry Ombudsman (‘TIO’) in two separate instances. According to ACMA Chairman, Chris Chapman:
The failure to comply arose out of two instances in which among other things, the TIO directed that Green Tree Frog “pay money to a customer and waive their early termination fee“. We previously reported that another ISP had failed to comply with the TIO scheme and had been issued with a direction by the ACMA. The ACMA in line with its recently processes, has once again exercised its statutory powers to compel compliance. Whilst the ACMA is bound to enforce the law, bigger questions about the role of the TIO and its impartiality have in the recent past been in issue. Only time will tell whether the industry will make a stand on this issue. Tags: ACMA, isp law, ISP Lawyers, telecommunications law, Telecommunications Lawyers Dodo in trouble againFriday, May 8th, 2009 Dodo Australia Pty Ltd has been forced to give a Court enforceable undertaking to issue refunds customers and discount monthly plans, as a result of an ACCC investigation into misleading statements statements made by the Telco. According to the ACCC, Dodo advertised free offer plans between October 2008 and March 2009 on both the television and its website. The ACCC also said:
Customers on the following plans may have been affected, and ultimately may be eligible for discounts or refunds:
Dodo is not new to controversy, previously having received a wrap over the knuckles from both the ACMA and the ACCC for various alleged breaches of the law. Tags: isp law, ISP Lawyers, telecommunications law, Telecommunications Lawyers, Trade Practices ACCC rejects Telstra ULL undertakingWednesday, April 29th, 2009 The Australian Competition and Consumer Commission (ACCC) yesterday announced it had rejected Telstra’s undertaking to charge competitors a $30 monthly fee to access ULL in metropolitan areas. The ACCC expressed surprise that Telstra’s $30 application worked out to be higher than the previous proposal of $30 for metropolitan areas, which was rejected in 2006. ACCC Chairman, Graeme Samuel, said following an extensive assessment of Telstra’s application the ACCC was not satisfied the $30 charge for metropolitan areas is reasonable.
In rejecting the undertaking, the ACCC also noted Telstra’s proposed monthly charge was significantly above estimates derived from benchmarking against comparable countries. This is the fourth time Telstra has submitted applications in regards to the ULLS service. One application was withdrawn while three have now been rejected by the ACCC because they could not be satisfied that the undertakings were reasonable. The two previous rejections were affirmed by the Australian Competition Tribunal on appeal. The next move is with Telstra, one can only assume that being effectively sidelined in the Government’s NBN construction process, has prompted them to take an tough approach against their competitors who in the absence of the NBN rely on the ULL for service delivery for the short to medium term. Tags: Competition Law, Telco Law, telecommunications law, Telecommunications Lawyers, ULL ACMA black list release prompts website take downTuesday, April 14th, 2009 German domain name regulator, DENIC, has taken down the popular website www.wikileaks.de shortly after it published ACMA’s internet filtering trial black list. Recent reports have emerged of the ACMA internet filtering trial black list having been published on different websites, potentially compromising the Government’s current internet filtering trials. One such website was www.Wikileaks.de. Wikileaks had been known for its collection of leaked documents, according to ARS Technica:
ARS Technica have also reported that German police raided the residence of the German domain name registrant Theodor Reppe who denies any involvement in the posting of leaked documents. The raids are reported to have come shortly after the ACMA blacklist was published. It is unknown at this stage, what involvement if any, ACMA had in closing down this website. Another mirror site of wikileaks.de, which is hosted on a different domain, still shows links to different versions of what they claim is the secret ACMA black list. Tags: ACMA, internet censorship, internet filtering, IT Law, IT Lawyers, telecommunications law |
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