names in com.au and net.au.
auDA has determined that the fairest and most effective way of releasing
the geographic names will be by way of individual ballots.
auDA intends to launch the ballot process in June 2005.
For more information please refer to the announcement at
Critics have contended that this would threaten Australia's freedom of political communication, as well as freedom of the press and rational adults' right to have access to information. Electronic Frontiers Australia has made a submission to the Senate Committee inquiry.
Dr Philip Nitschke has also suggested that banning the spread of information on voluntary euthanasia over the Internet could boost the number of people who commit suicide. Read more here.
Should the internet be regulated in this way?
The report was the result of collaboration between project members, researchers and affiliates from the CRC CI, QUT (Law, IT/Security and BEE), University of Newcastle, Queensland Crown Law, Queensland Department of Public Works, Queensland Department of Main Roads, and Brisbane City Council.
The report can be accessed here. (You will need your QUT Access usernsame and password to open the file.) Although an overview of the report will be presented in class, if you are interested it may be useful to have a browse through the report before class.
In the United States, more and more parents are using internet filtering software, according to a report by the Pew Internet and American Life Project. Robert MacMillan of the Washington provides a summary here, and the full report is available here.
For a summary of the findings, click here.
In that case, one of the three appeal judges died while writing the decision. (He was dissenting). This case has special circumstances -- repeated use of website and bad conduct -- so even though it is from an important court, I am not sure if it will be followed in all circumstances.
A total of 572 people across Japan paid via Yahoo for auctioned items such as liquid-crystal televisions and digital cameras but did not receive the goods, said Noboru Mizuno, who leads the group.
To read more, click here.
"Amazon.com Inc. has one potentially big advantage over its rival online retailers: It knows things about you that you may not know yourself.
"Though plenty of companies have detailed systems for tracking customer habits, critics and boosters alike say Amazon is the trailblazer, having collected information longer and used it more proactively. It even received a patent recently on technology aimed at tracking information about the people for whom its customers buy gifts."
Read more here.
To read more, click here.
Do you think it this sort of attempt will work? What issues/problems could arise?
Read about the case at CNN Money or at Findlaw. Fore more background information about the case including a list of some of the strange alliances that have developed between organizations wanting to either save or kill Groskster, click here.
If you are interested, the briefs (detailed written submissions) filed before the Supreme Court are available here.
What do you think of the argument that these sorts of lawsuits might have discouraged past inventions like copy machines, videocassette recorders and iPod portable music players - all of which can be used to make illegal duplications of copyrighted documents, movies and songs?
Read more here.
Should Yahoo be protected by the First Amendment?
- "Phishing thieves try a spot of pharming" (on phishing, which was the focus of the last seminar);
- "Spam, virus threats on the rise" (based on Symantec's biannual Internet Security Threat Report);
- "Online trading boom" (e-commerce);
- "Forum poster sued for libel" (an article on a UK case which dispels the myth that forum posters can remain anonymous).
Comment on any of the articles that interest you ...
Read more here.
- "Searcher twists name rules" (on domain names);
- "Sour notes for online music players" (on downloading music);
- "Feds' ID rules cut costs of e-trading" (on e-trading);
- "Libel threat to web news sites" (on internet jurisdiction).
Comment on any of the articles that interest you ...
By Sam Varghese
September 10, 2003
In what appears to be a scam of a different kind, an email is doing the rounds offering people 10 percent of the money deposited in their bank accounts by outsiders.
The email starts off:
"Looking for a perspective (sic) and well-paid job in Australia?
1. If you are looking for a perspective and well-paid work in Australia (of more than 1000 $ aud in a week guaranteed).
2. If you are a Australian resident (Obligatory condition).
3. If you are over 18 (Obligatory condition)."
A link with the text "Check up our site for the further information" follows, advising the readers to "Click here (once)".
Clicking on this link take one to a webpage located at advinc-ma.netfirms.com which provides the following advice:
"My name is Andrew Colobanoff. I am an advertising manager of the A.I.C company. Our website address www.aicau.net
(Reader Derek Jenkins added a word of warning about the aicau site: "It contains malicious VB scripting that creates a trojan (Win32/Aicau.Downloader) EXE called c:\2.exe. It was only discovered on September 9 and I suspect that most users' antivirus packages would not offer protection from it at this stage," he wrote.)
"The company deals with many overseas partners, but for the time being we have offices only in Russia and in the USA.
"At the moment we receive a lot of orders from Australia and New Zealand. So we are looking for agents in Australia for distant work.
"Our clients stipulate that they pay for our services only in Australian banks such as ANZ, National, and Westpac.
"Our offices will be opened in the country only in 2-3 months. Meanwhile, in order to start working with the clients in Australia we need to have accounts in the above-mentioned banks.
"If you live in Australia and you are ready to become our agent you should do the following:
"1. Open an account in one of the above-mentioned banks
"2. Send us the bank account data
"3. After receiving money (you'll get $2000-3000 monthly) you are to take 10% commission and send us the rest by WesternUnion
"With time you'll be able to open more accounts...
"Frequently-asked questions (FAQ's):
"1. Do I have to pay the money order tax?
"No, you don't, all the taxes are included.
"2. How long do you intend to cooperate with me?
"We are going to cooperate with our agents until we open an office in Australia. Provided we are satisfied with your work, we might suggest you signing a full-time job contract.
"3. Are you not afraid of entrusting me your money?
"As far as we know your bank account data, we can easily find you. We need honest and reliable people who have unlimited access to internet. You'll get a chance to earn some money, it can be both a good perquisite, and a favorable collaboration with us. The internet business is developing rapidly and has good prospects. It will bring you considerable profits, besides it can provide you with a place in our company. If you are ready to cooperate, you should open an account in one of the above-mentioned banks and inform us of its data."
Reader Robert Coleman, who received the email and did a bit of sleuthing, said: "The basic modus operandi appears to be, money is not transferred out of the bank, but across to another account within the bank. Who would think to look within the bank for the proceeds of a robbery? It is then taken out of the country via Western Union. Neat and simple. This is based just on the websites I saw and a bit of supposition, but it fits pretty well."
Another reader, Daniel McNamara, wrote in that he had received a different piece of spam that creates the same trojan. McNamara was curious and did a bit of investigation which makes for compelling reading.
An email query to Colobanoff as to where the money was coming from received no reply.
This story was found at: http://www.theage.com.au/articles/2003/09/10/1062902087603.html
You may have heard the term “phishing” in the news lately.
In case you haven't, it's not just “fishing” misspelled. It actually refers to unsolicited email that looks like it's from a trusted institution — but in reality is an attempt to lure people into providing personal or sensitive account information on phony web sites. The information collected is later used to commit fraud.
Citi Cards holds your security in the highest regard. For that reason, we're working diligently with law enforcement, industry organizations, and governments overseas to shut down these scams permanently.
But there are a few simple things you can do as well to protect yourself:
* Look for your “personal header” on all emails.
For your protection, effective immediately look for your first name, last name and the last 4 digits of your account number in an “email security zone” at the top of email we send you. Be suspicious of emails claiming to be from us that do not include this information.
* Never type account information into a pop-up window.
Don't type account information into a pop-up window, even if it looks legitimate. We never request account information through pop-up windows.
* Don't respond to emails asking you to verify information.
We'll never send you an email asking you to verify information. If we have an issue with your records, we'll contact you another way.
* Be suspicious of grammatical or spelling errors.
These are usually indications of a fraudulent message.
If you happen to receive a suspicious-looking email claiming to be from Citi Cards, please forward it to firstname.lastname@example.org. We have agents on staff around the clock monitoring these reports and acting on them immediately.
If you'd like more information on phishing, please visit our “Security and You” module. Or, you can contact one of our Internet Security Specialists at 1-888-285-9696.
Once the bad guys get your account details, how do they get your money?
To read the opinion of the court, click here.
For more information, click here.
Read more here.
For more, click here. What do you think?
"This is a case of free expression," Brian McLeod Rogers, a Toronto lawyer representing the media coalition, told the Ontario Court of Appeal yesterday.
The 52-member coalition includes CNN, The New York Times, Time magazine, The Times of London, Google and Yahoo, as well as Canadian media such as The Globe and Mail, CanWest Publications Inc., CTV and CBC.
Read more here.
"The proliferation of eBay and PayPal phishes means that the legitimate e-mail that powers eBay transactions are increasingly being eliminated by junk e-mail filters. At the same time, some sellers say that buyers are becoming wary because of the constant threats from phishing, which is straining eBay's relationship with customers and may be driving down auction prices."
Read more at: http://www.nytimes.com/2005/03/07/technology/07ebay.html?ex=1110862800&en=e1f51fd0875ae424&ei=5070 This article is relevant to a couple of topics we wil look at this semester.
"Australian recording labels are suing Kazaa's owners, accusing the company of contributing to widespread copyright infringements by letting Kazaa users download up to 3 billion files each month, freely exchanging songs, music and television programs without paying royalties."
Contiuned at: http://news.findlaw.com/ap_stories/f/1310/3-4-2005/20050304070011_42.html
Decision at http://laws.findlaw.com/4th/021137p.html
By GARY RIVLIN, New York Times
Many longtime sellers and Wall Street analysts, long bullish on eBay, now say they are uncertain about the company's ability to sustain its torrid rate of growth.
Read more at: http://practice.findlaw.com/cyberlaw-0205.html
"The Supreme Court Finally Steps Into The Fray Between Online File Swappers And The Major Movie And Recording Studios.
On March 29, the Supreme Court will hear arguments in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., a closely-watched case involving peer-to-peer file sharing - a process in which people send or receive music or movies over the Internet.
The most famous peer-to-peer file sharing site was, of course, Napster. However, after a number of rounds of litigation, Napster has now been transformed into a site that, for a monthly payment, allows only legal downloads of music (that is, downloads of copyright music for which a license has been granted). Other sites, however, continue to offer peer-to-peer file sharing software despite the fact that one of its uses is to pirate copyrighted music and movies - and Grokster is one such site.
The Court's ultimate decision in MGM v. Grokster is very likely to be one of the landmarks of this term."
From: http://practice.findlaw.com/feature-0305.html (The article continues to give a simple, but good, overview of the case.)
Gambling operator Ladbrokes, owned by Hilton, cannot offer
Internet-based betting services in the Netherlands,
according to a ruling by the Dutch Supreme Court that upheld
a ban by a lower court. Gambling is regulated under Dutch
law, and only organizations with a special permit can offer
services. Ladbrokes, which does not have a permit, is
offering its services on the Internet and through call
centres operated outside the Netherlands. The Supreme Court
noted that the gambling site may use geolocation software to
ban Dutch users from accessing their site. Dutch decision at
[Source BNA newsletter]
"Libel - Abuse of Process - Jameel Vs Dow Jones Inc"
"... the case of Jameel v Dow Jones Inc brings an important restriction on the right of Claimants to sue in this jurisdiction (which is amongst the most Claimant-friendly regimes in the world for libel). Previously, as long as a Claimant could show publication to one person in this jurisdiction, he could bring an action for libel here. This created the difficult scenario for online publishers (e.g. any website owner) of facing claims in England brought by foreign individuals or companies in respect of publications which in reality had little to do with England. The Jameel case was a good example, a Saudi individual suing a US publisher in this jurisdiction on the basis that the website was accessible from England and that he (the Claimant) had some level of reputation here. It emerged in evidence that, in fact, only five people had accessed the website from England, including the Claimant himself and two of his legal advisors.
The Court of Appeal indicated that it will no longer allow this sort of claim. It held that the costs of the case would have been completely disproportionate to the benefit which the Claimant could have acheived and the action was therefore struck out as an abuse of process. The decision is of some comfort to website owners, but is unlikely to impact claims where the Claimant does have some genuine connection to this jurisdiction and can show that the defamatory words have been read by more than a minimal number of people."
In my opinion, there is a big risk using a non-specialist lawyer to run a domain name dispute under the UDRP or auDRP. A recent example is ...
The United Nations intellectual property agency (WIPO) is the latest front in the US-China trade war. http://www.theage.com.au/world/sad-am...
Carly Long, an expert in domain name litigation, will teach the first half of the class this Tuesday evening. You may wish to have a look a...
Finally, what is called direct registration of domain names is coming to Australia. See https://www.auda.org.au/statement/australias-interne...