If you have a popular blog, should you have the write to sell advertising space on that blog? Or should any advertising space be controlled by the web portal that places the blog online? This is the dilemma being faced by Xu Jinglei, a Chinese actress, who is China's most popular blogger. Read more from the New York Times website (free subscription required).
What do you think? Who should profit?
A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
Adsense HTML
Microsoft v Google
The president of Microsoft Europe, Middle East and Africa, Neil Holloway, has declared that Microsoft will have a better search engine than google in 6 months. The new search engine will be introduced in the US and Britain first, before being introduced into Europe, and will be put into Microsoft's widely used communications tools Windows Messenger and Hotmail. Read more here.
Backspace: 26 February to 5 March
The blog began 2006 with a welcome and some news about an exciting new research project hosted by the Queensland University of Technology, OAK Law. Other issues canvassed in the last seven days have included:
- The big copyright story was the release of the House of Representatives Standing Committee on Legal and Constitutional Affairs handing down its report on the inquiry into technological protection measures.
- The other copyright story was that Apple iTunes Music Store stated that it would not be releasing local download figures.
- Moving away from copyright, the blog considered whether email on the Internet should be free. Would charging for email be just like a road toll? When will email cease to be free? And would charging for email introduce a two-tiered system? Would a charging for email reduce our dependence on email?
- Phishing continues to be a threat to Australia, while some US states, like Virginia, are fighting back.
- Internet usage continues to grow, as does the google juggernaut.
- Despite the promises of Bill Gates, spam continues to be a problem, forcing companies and law firms to find ways of limiting spam.
- Threats, hackers and cyberviolence continue to provoke further regulation of the internet.
- Content regulation of the internet in China. This is a major legal, technological and political issue that will be considered throughout the semester and warrants more comment and attention.
I hope you found some of these links and issues interesting. Please post your comments to encourage more debate and discussion.
South Korea and "cyberviolence"
CNN has posted this report on cyberviolence in South Korea. The report is interesting for these aspects:
- South Korea is the world's most wired country, boasting the highest per capita rate of broadband Internet connections.
- The term cyberviolence encompasses anything from online insults to sexual harassment and cyberstalking.
- Prosecutors are beginning to respond to the threat posed by cyberviolence.
- Also responding is the government, who plans to introduce a bill that real-name authentication.
- Websites too are responding by actively seeking to filter comments.
There are four questions worthing considering here. First, is given the nature of the virtual environment of the internet is cyberviolence really a threat or danger? Second, are the respective responses of prosecutors, the government and individual websites warranted and proportionate to whatever threat or danger is posed? Will real-name authentication, which would have the effect of removing anonymous online speech in South Korea, be a threat to free speech? Do we, and should we, have a right to anonymous speech?
Did this school do the right thing?
According to this report, 20 school students were suspended after seeing a posting on a MySpace.com website that contained a threat directed toward a girl at the school. Did the school overstep its bounds by disciplining students for actions that occurred on personal computers, at home and after school hours?
Google continues to expand
Google aims to become a $US100 billion company according to Australian IT today. The article also notes that despite Google's new products, 97% of its revenue is from search-related advertising.
More on when will email cease to be free?
This issue was raised in this blog on Wednesday, but I thought it interesting to posit the idea that perhaps that rather than all-free email or all-pay email, we could be seeing the introduction of a two tiered system. This is certainly the allegation that is being levelled at AOL (see this Financial Times article).
Is there anything wrong with a two tiered system? If users are prepared to pay for an email system that guarantees increased speed and authentication, why shouldn't just accept that it is their right to do so? It all comes back to the fundamental questions: should email be free, and why?
Is there anything wrong with a two tiered system? If users are prepared to pay for an email system that guarantees increased speed and authentication, why shouldn't just accept that it is their right to do so? It all comes back to the fundamental questions: should email be free, and why?
Internet performance in Australia
The Australian Communications and Media Authority has also issued a report on the data rates and reliability of internet connections in Australia. Although the report is quite technical, it concludes that Australian internet performance across different technologies and access plans is generally consistent with transmission protocols and the inherent nature of the internet. The report is titled Understanding your Internet Quality of Service 2004-05.
ACMA warning on phishing
The Australian Communications and Media Authority has issued a warning about phishing, a topic we will cover a bit later in the semester. You can read the warning here.
Are we too email dependent?
Are we too email dependent? Joceyln Noveck wonders if that is so in her article "In the age of e-mail and instant messaging, the lowly handwritten note gains currency ..."
Do you agree or disagree? Is the handwritten note gaining currency?
Do you agree or disagree? Is the handwritten note gaining currency?
Content Regulation in China
The issue of content regulation in China was mentioned in this blog last year. In the last few weeks, this issue has once again pushed into the international media. The Washington Post recently published an excellent series of stories on this issue, titled The Click That Broke a Government's Grip.
Here are some other recent stories relating to content regulation in China:
Here are some other recent stories relating to content regulation in China:
- The Chinese government continues to prosecute people for subversion for online writings. For example, on Tuesday the AP reported that a Chinese journalist has been whose reports on rural poverty and unemployment riled local officials has been charged with subversion after posting essays on the internet.
- China is cracking down on spam and piracy.
- Much to the chagrin of the US government, various internet companies have agreed to China's censorship demands.
For a detailed study, see this report from the OpenNet Initiative: Internet Filtering in China in 2004-2005.
Of course, the Chinese government defends its right to regulate the internet in the way it does.
There are really two issues here. First, how successful has China's regulation been? And second, assuming the Chinese government's attempts at regulation have been relative successful, should a government be able to regulate what its citizens can access through the internet? So basically, the first is a practical or technical question - does it work? - while the second is the moral or philosophical question on the role of government and the value of free speech? Any thoughts or different perspectives? Who would defend what China is doing?
New Phishing Law Used
America Online has filed three lawsuits under Virginia's anti-phishing law. Read more here.
Do we need such new specialised legislation to combat phishing, or can existing laws be used.
Do we need such new specialised legislation to combat phishing, or can existing laws be used.
Technological protection measures
The House Standing Committee on Legal and Constitutional Affairs has handed down it's report on the inquiry into technological protection measures (TPM) exceptions.
A copy is available here:
http://www.aph.gov.au/house/committee/laca/protection/report.htm
This is more a straight IP issue, but has some impact on Internet distribution of content.
A copy is available here:
http://www.aph.gov.au/house/committee/laca/protection/report.htm
This is more a straight IP issue, but has some impact on Internet distribution of content.
When will email cease to be free?
In class on Monday night, someone asked when internet companies were going start charging for email. Here may be the answer - CNN reports that Yahoo! and America Online plan to start charging businesses to send commercial e-mail messages. Of course, as the article points out, this planned move is provoking protest.
We need to think about why should email be free? Is it just because it always has been? Or are there other reasons? Note that for the moment at least, the plan is only charge to businesses. Will this last, or will all email users eventually have to pay a fee for each email they send? Would charging a fee for each email sent impact upon the use and adoption of email and the internet?
We need to think about why should email be free? Is it just because it always has been? Or are there other reasons? Note that for the moment at least, the plan is only charge to businesses. Will this last, or will all email users eventually have to pay a fee for each email they send? Would charging a fee for each email sent impact upon the use and adoption of email and the internet?
IT Today
Each Tuesday, The Australian newspaper has a special section called IT Today, which includes IT Business. It is worth reading (or at least skimming) this section each week.
Here a few interesting articles from the section published today that touch upon issues we will cover later in the semester:
Here a few interesting articles from the section published today that touch upon issues we will cover later in the semester:
- "Apple quiet on local music sales" - Apples iTunes Music Store, one of the leading legal alternatives to the illegal downloading of music, has said it will not release local download figures. Why? Does this mean that Australian sales are disappointing to sales overseas?
- "Spam has bolted, despite Gates" - reminding us that two years Bill Gates promised that spam would be gone in two years.
- "Law firms block junk" - Clayton Utz has slashed the number of incoming emails by nearly 40 per cent by restricting spam.
- "Script kiddies cooking up fresh threats" - how amateur hackers are using new programs called rootkits to give the user untraceable control of the compromised computer.
There are also interesting and relevant articles that are not available online, so it was worth buying The Australian each Tuesday just to stay on top of what is happening.
Who owns the Internet?
Following on from the question posed in class last night - who owns the internet? - look at this article from CNN, "Tolls could dot the Internet highway". The article refers to the major telecommunication companies as "the operators of the Internet" and reports that they wish to provide a tiered service whereby consumers pay more for a faster service.
The article is worth reading as it reinforces a number of things discussed last night - how information on the information is carried in packets, the historical origins of the internet, how the internet has evolved, as well as positing that perhaps it is the telecommunication companies that own the internet. What do you think? And if the telecommunication companies do impose what the article refers to as a toll, what would be the implications on internet usage? Also, what privacy issues may this raise?
The article is worth reading as it reinforces a number of things discussed last night - how information on the information is carried in packets, the historical origins of the internet, how the internet has evolved, as well as positing that perhaps it is the telecommunication companies that own the internet. What do you think? And if the telecommunication companies do impose what the article refers to as a toll, what would be the implications on internet usage? Also, what privacy issues may this raise?
Cyberlaw at QUT
Let's begin with a posting about QUT ...
A new "open access to knowledge" project hosted by the Queensland University of Technology aims to ensure that anyone can legally share knowledge across the world, whether they be an every day citizen or a top end researcher.
The QUT team, led by School of Law head, Professor Brian Fitzgerald is embarking on a $1.3 million, two year project to develop legal protocols for managing copyright issues in an open access environment.
For more information, see the press release or visit the project's homepage.
What do you think? Is this a valuable project? Should research be available under an open access protocol? What should such a protocol involve?
A new "open access to knowledge" project hosted by the Queensland University of Technology aims to ensure that anyone can legally share knowledge across the world, whether they be an every day citizen or a top end researcher.
The QUT team, led by School of Law head, Professor Brian Fitzgerald is embarking on a $1.3 million, two year project to develop legal protocols for managing copyright issues in an open access environment.
For more information, see the press release or visit the project's homepage.
What do you think? Is this a valuable project? Should research be available under an open access protocol? What should such a protocol involve?
Welcome to LWN117 Students
Welcome to all the LWN117 Legal Regulation of the Internet students for semester 1, 2006. As well, welcome to anyone else who happens to read and/or wishes to contribute to the posts.
I hope you find this to be a good way of keeping up to date with a wide variety of issues and of contributing to the discussion of the issues we cover in this unit.
Thanks and I hope you enjoy the semester!
I hope you find this to be a good way of keeping up to date with a wide variety of issues and of contributing to the discussion of the issues we cover in this unit.
Thanks and I hope you enjoy the semester!
Release of geographic names in com.au and net.au
auDA is lifting the restriction on the use of geographic names as domain
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
http://www.auda.org.au/news.php?newsid=37
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
http://www.auda.org.au/news.php?newsid=37
Too much IT jargon?
"It says something of the times that the latest great hoax has not been foisted upon the art and literary world but the jargon-laden internet industry." To read the rest of the article and discover the hoax, visit The Australian.
More cybercrime
LexisNexis has disclosed that criminals may have breached computer files containing the personal information of 310,000 people. The personal information was apparently accessed by unauthorised individuals using stolen passwords and IDs.
Read more here.
Read more here.
Euthanasia and a proposed internet ban
The Criminal Code Amendment (Suicide Related Material Offences) Bill 2005 aims to stop use of the Internet, the telephone and faxes for communication that "counsels or incites suicide." (More information is contained in The Explanatory Memorandum to the Bill.)
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?
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?
Another way to deal with content regulation
Another solution to the content regulation issue may be for parents to make an internet use agreement with their child. That's one option presnted by GetNetWise.
What do you think of this approach?
What do you think of this approach?
E-tendering
In Monday's class we will be looking at a case study of e-commerce implementation: e-tendering. The discussion will be informed by a recent report of Cooperative Research Centre for Construction Innovation (CRC CI) .
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.
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.
Parents use of internet filtering software
Another report updating some of the issues we discussed in our class on content regulation.
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.
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.
Content Regulation in China
In class a few weeks ago, we considered content regulation in China. Now, a study by the OpenNet Initiative has found that the Chinese government's Internet controls have kept pace with rapid changes in technology and are buttressed by self-censorship.
For a summary of the findings, click here.
For a summary of the findings, click here.
Web Wrap Agreements
There is an important recent decision upholding web-wrap agreements. Register.com v. Verio http://www.icann.org/registrars/register.com-verio/decision-23jan04.pdf.
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.
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.
More on the Yahoo Nazi paraphernalia case
For another aspect of the French Yahoo case involving auctions of Nazi paraphernalia that were once held on Yahoo's web site, referred to in this blog on 29 March, click here. The article discusses the finding of a Paris appeals court to uphold a decision to throw out accusations by French human rights activists who said that Yahoo should be held legally responsible for the auctions.
Regulation of political blogs?
Here is an interesting article on the Federal Election Commission in the United States considering whether to regulate political blogging.
What do you think?
What do you think?
Yahoo Japan sued in class action
YAHOO Japan has been sued by customers for scams on its site in the nation's first class-action suit seeking compensation from an online auction broker.
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.
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.
Google in the news
Here are some recent articles involving Google:
- "Google takes hit in US trademark case";
- "Waiting for a search engine to grow wings";
- "Google Speeds Up Firefox Searches";
- "Google boosts gmail storage".
And check out Google Gulp.
Links for session on Content Regulation
In this evening's class on Content Regulation, reference will be made to the following sites:
Is Amazon becoming Big Brother?
From the Associated Press:
"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.
Should we be concerned about our privacy? Or is it making online shopping more convenient? What does Amazon's Privacy Policy say?
"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.
Should we be concerned about our privacy? Or is it making online shopping more convenient? What does Amazon's Privacy Policy say?
Consumer Watchdogs Join Forces to Hunt Down Cyberscams
Consumer protection agencies from around the world have joined forces in an international assault on scams in cyberspace. Australian consumers can report scams by calling the ACCC Infocentre on 1300 302 502, filling out a complaints form at the ACCC's slam-a-cyberscam webpage or registering an overseas scam at www.econsumer.gov.
To read more, click here.
Do you think it this sort of attempt will work? What issues/problems could arise?
To read more, click here.
Do you think it this sort of attempt will work? What issues/problems could arise?
US Supreme Court hears MGM Studios v. Grokster
On Tuesday the US Supreme Court heard oral argument in MGM Studios v Grokster, a case that has previously been mentioned on this blog.
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 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?
Web censorship case
Lawyers for Yahoo Inc. have asked a federal appeals court for legal protection for U.S.-based Internet portals whose content is protected by the First Amendment in the United States, but is illegal in foreign countries.
Read more here.
Should Yahoo be protected by the First Amendment?
Read more here.
Should Yahoo be protected by the First Amendment?
Want to know more about legal blogs?
If you are interested in reading more legal blogs, visit The Blog Book: A Guide to Legal Blogging. As well as providing links to many legal blogs, the Blog Book also blogs on issues involving legal blogs.
The Australian IT Today
There are a few interesting articles in the IT section of today's Australian:
Comment on any of the articles that interest you ...
- "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 ...
Privacy and online shopping
"A company that provides payment services to online merchants has reached a settlement with the Federal Trade Commission over allegations it sold information about more than 1 million Internet shoppers without authorization."
Read more here.
Read more here.
The Australian IT Today
There are a few interesting articles in the IT section of today's Australian:
- "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 ...
Money for jam: a new kind of scam
Money for jam: a new kind of scam
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
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
Message from Citibank
Dear x,
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 spoof@citicorp.com. 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.
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 spoof@citicorp.com. 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.
Phishing
pFor tomorrows class, we will look at:
http://www.antiphishing.org/phishing_archive/
westpac_03-26-04.htm
Once the bad guys get your account details, how do they get your money?
http://www.antiphishing.org/phishing_archive/
westpac_03-26-04.htm
Once the bad guys get your account details, how do they get your money?
More on whether bloggers are journalists?
In a case that could ultimately decide whether bloggers can be classified as journalists, a California judge has ruled that three online blog sites must surrender the names of confidential sources who allegedly leaked information about an upcoming product put out by Apple Computer Inc. Read more about the case here.
To read the opinion of the court, click here.
To read the opinion of the court, click here.
Call for blogger freedom
"Internet bloggers should enjoy traditional press freedoms and not face regulation as political groups, US politicians and journalists have said." Read more here.
If this was so, what would the jurisdictional implications (if any) of this be?
If this was so, what would the jurisdictional implications (if any) of this be?
Campaign Launched to Crack Down on Online Fraud
A national awareness campaign has been launched by banks and the Australian Federal Police outlining practical ways consumers can protect themselves and reduce risks of fraud perpetrated by criminals over the Internet.To build awareness of this criminal activity, banks and police have worked together to produce an advertising campaign and free consumer fact sheets with useful tips for minimising risks. As well as individuals, small business has also been identified as being at risk.David Bell, chief executive of the Australian Bankers Association, says identity theft is a complex crime and is an emerging threat, not just for banks, but for individuals, for other corporations and the entire community.Suggestions for protection include installing and keeping up-to-date anti-virus software and firewalls, never giving out your PIN or password, deleting spam e-mail and not accessing internet banking from a link in an e-mail.
For more information, click here.
For more information, click here.
Beware of changes to privacy policies
Tonight's session is on privacy and the internet. As we will be looking at privacy policies at some stage tonight, have a look here.
E-voting
Although it is not a topic covered in LWN117 Legal Regulation of the Internet, there have been a couple of interesting articles on e-voting recently:
Is home internet banking safe?
The Associate Dean of IT at Queensland University of Technology, Bill Caelli, says that hacking tools such as trojans and spyware - which lure users to sites where software was secretly downloaded allowing criminals to log every keystroke - has rendered the home PC useless for secure financial transactions.
Read more here.
Read more here.
A privacy issue?
"A woman who installed a spyware program on her husband's computer to record his online exchanges with another woman cannot use that evidence in her divorce proceeding, a Florida appeals court has ruled on an issue of first impression."
For more, click here. What do you think?
For more, click here. What do you think?
Media giants join forces to fight Ontario ruling
More than 50 of the world's largest media organizations have banded together to overturn an Ontario court ruling that they say threatens free speech and development of the Internet.
"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.
"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.
EBay and Phishing
From The New York Times: "On EBay, E-Mail Phishers Find a Well-Stocked Pond"
"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.
"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 Court Won't Freeze Kazaa Directors' Assets
"A court refused Friday to grant a request by the Australian recording industry to force owners of the file-swapping giant Kazaa to disclose their assets pending a decision in a landmark music piracy case.
"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
"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
Jurisdiction: Maryland v. Carefirst Pregnancy
Carefirst of Maryland v. Carefirst Pregnancy, a 4th Circuit Court of Appeals decision involves issues of Internet jurisdiction. The court ruled that absent a manifest intent to target residents of the forum, a semi-interactive website with a localized focus based in a foreign state is not sufficient to confer personal jurisdiction. The fact that web hosting services occurred within the forum state was not seen as relevant.
Decision at http://laws.findlaw.com/4th/021137p.html
Decision at http://laws.findlaw.com/4th/021137p.html
EBay's Joy Ride: Going Once ...
EBay's Joy Ride: Going Once ...
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.
http://www.nytimes.com/2005/03/06/business/
yourmoney/06ebay.html?ex=1110776400&en=7037e4786ef3c892&ei=5070
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.
http://www.nytimes.com/2005/03/06/business/
yourmoney/06ebay.html?ex=1110776400&en=7037e4786ef3c892&ei=5070
Are pop-ups spam?
"Computer users are often bombarded with annoying pop-up advertisements. Separately, they also are often bombarded with annoying "spam"-- unsolicited commercial email. Can the pop-up ads be thought of, legally, as a form of spam?"
Read more at: http://practice.findlaw.com/cyberlaw-0205.html
Read more at: http://practice.findlaw.com/cyberlaw-0205.html
The Case of MGM v. Grokster
"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.)
DUTCH COURT UPHOLDS BAN ON LADBROKES INTERNET GAMBLING
DUTCH COURT UPHOLDS BAN ON LADBROKES INTERNET GAMBLING
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
<http://ladbrokesdecision.notlong.com/>
Coverage at
http://uk.news.yahoo.com/050221/80/fcxg6.html
http://www.guardian.co.uk/online/news/0,12597,1419838,00.html
[Source BNA newsletter]
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
<http://ladbrokesdecision.notlong.com/>
Coverage at
http://uk.news.yahoo.com/050221/80/fcxg6.html
http://www.guardian.co.uk/online/news/0,12597,1419838,00.html
[Source BNA newsletter]
Some recent UK Internet jurisdiction cases...
"Online defamation: where a website hit packs a real punch"
http://www.cambridgenetwork.co.uk/POOLED/ARTICLES/
BF_NEWSART/VIEW.ASP?Q=BF_NEWSART_105552
"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."
From http://www.legalday.co.uk/
lexnex/eversheds/eversheds05/e80180205.htm
http://www.cambridgenetwork.co.uk/POOLED/ARTICLES/
BF_NEWSART/VIEW.ASP?Q=BF_NEWSART_105552
"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."
From http://www.legalday.co.uk/
lexnex/eversheds/eversheds05/e80180205.htm
Welcome
Welcome to Legal Regulation of the Internet - LWN117
The course starts on Monday evening this week.
To see the study guide, go to www.geocities.com/swinsonlaw/
Enjoy the course!
The course starts on Monday evening this week.
To see the study guide, go to www.geocities.com/swinsonlaw/
Enjoy the course!
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