Cyberlaw

Online contracting, creation of websites

e-commerce
What impact does the Electronic Transactions Act have on e-commerce / online contracting?
In this area you should also look at:
the Queensland legislation
UNCITRAL Model
UN Convention

Standard forms of agreement
Website terms of use - look at a few examples including Great South East; Microsoft. What are the common clauses? Anything strange? What impact does Unfair Contracts legislation have on these contracts?
Click wrap v Shrink wrap - what are the differences?
Case summaries

Setting up a website
What should you be aware of (having regarding to previous lectures)?

Rogue Websites

On May 12, 2011, U.S. Senate Judiciary Committee Chairman Patrick Leahy (D-VT), Senator Orrin Hatch (R-UT), and Judiciary Committee Ranking Member Chuck Grassley (R-IA) sponsored S. 968, the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP Act), a bill to deter, prevent and root out websites that profit from trafficking in stolen content.

See MPAA's view and Global Intellectual Property Center

Week 10 - Copyright

Legislation
International treaties - Berne Convention
The law in Australia - Copyright Act, and amendments related to the internet - Computer Programs Act 1999, Digital Agenda Act 2000, US Free Trade 2004

Australian Cases - piracy and copyright
Kazaa
MP3s4free
Stevens v Sony
Newspaper headlines
iiNet

US Cases
Napster
Grokster
Limewire
YouTube

UK
Newzbin

Policy Issues
Balancing interests of copyright owner and users - Electronic Frontiers Australia
Licensing through Creative Commons

End of Voluntary Internet Filtering Program in Australia

See The Australian

THE Gillard government will scrap its voluntary internet filtering grants program to save $9.6 million over three years.

A combination of reasons led to the decision, including moves by Telstra, Optus and Primus to voluntarily block child abuse websites.

"Consultation with industry has identified limited interest in the grants due to the increasing range of filtering technologies readily available to online users, including browser and search engine filters," the government says in the 2011-12 budget papers.

"Savings from this measure will be redirected to support other government priorities."

Labor intends to introduce mandatory ISP internet filtering -- a policy championed by Communications Minister Stephen Conroy -- once a government review is completed.

Treasurer Wayne Swan's fourth budget today is aimed at delivering $22 billion in savings to meet the government's surplus target in 2012-13.

Google News - Copyright Violation in Belgium

The Belgian Court of Appeal has ruled that Google has infringed the copyright of Belgian newspapers, by placing links and portions of articles on Google News. Read more here

Competition Law Issues

Michael Laufert, working with the ABA Communication and Digital Technologies Industries Committee, has put together a website devoted to antitrust and collaboration issues facing tech industries. Common topics are patent pooling, standard setting and the like. His site, "Collaboration and Competition in Technology," is available at the link below or through CDTI's page on the Section's website:

http://apps.americanbar.org/dch/comadd.cfm?com=AT328100&pg=1

Data theft

Sony - Details of more than 100m users stolen; Sony faces US congressional hearing; Claims file "Anonymous" left on server.

Week 9 - Domain Name Disputes and Cybersquatting

What is cybersquatting?

Dispute resolution
What are the 3 elements of a UDRP proceeding?
Is the auDRP identical?

UDRP process
Read the case of simplybusiness.com and jappy.com (in relation to element 3) - which view do you agree with?
Read the cases of sermosucks.com and natwestbanksucks.com (in relation to criticism sites) - which view do you agree with?

Discussion
For this lecture, everyone should be prepared to discuss one case with the rest of the class - search here, or for interesting issues and WIPO's preferred views, here
What are the advantages and disadvantages of the UDRP/auDRP process?

Get Your Data Back

Here is a guiding principle: If a business collects data on consumers electronically, it should provide them with a version of that data that is easy to download and export to another Web site. Think of it this way: you have lent the company your data, and you’d like a copy for your own use.

See full story

Location Tracking

Google said Friday that it collected location data from Android phones, but that it did so anonymously and with user consent. The company said it gathered the data to provide services like maps and searches for shops or restaurants near a person’s location. The company said it also used the information to estimate traffic on various roads.

“Phones know where you are, and they need to for many of the services we offer,” said Mike Nelson, a Google spokesman.

Full Story Here.

Mobile Google

Google said in October that mobile ads were on track to generate $1 billion in revenue in the coming year. Mobile users can call a business from within a Google ad or receive coupons for nearby stores. They can take cellphone photos of movie posters to pull up a trailer. With new technologies like near-field communication, advertisers could reward customers with loyalty gifts for walking into stores, Mr. Temsamani said.

See NYTimes

Poker Play

"IN ANOTHER era, Daniel Tzvetkoff would have been whacked - shot or garroted, buried in a shallow grave or sent to sleep with the fishes. The world's two biggest online gambling companies, Full Tilt Poker and PokerStars, which want the $US100 million they believe the former Gold Coast high-flyer took from them, don't work that way.

They send their lawyers. Or they just wait. But Tzvetkoff, incredibly, has used his position from inside a US jail to, first, free himself, and then go on the offensive against the very people who are chasing him.

The Queensland internet entrepreneur, 28, was mysteriously bailed from a US federal prison last August. He has rolled to save his neck.

US federal prosecutors are using Tzvetkoff's unique inside knowledge of how big online gambling companies shift money out of the US in exchange for a sweet deal."

See Courier Mail front page story

"ASSOCIATES of former internet high-flyer Daniel Tzvetkoff have been charged after a flurry of arrests in the US over illegal online gaming following his release last year from a New York prison.

US judges have sealed the files on Mr Tzvetkoff's criminal case, after he was secretly released from prison -- without a bail hearing -- on charges he was involved in a $500 million money-laundering scheme for illegal online poker sites.

Secrecy now surrounds the former Gold Coast-based entrepreneur's movements, with prosecutors refusing to disclose if they are going ahead with the charges that carry a 24-year jail term."

The Australian

The owners of three of the largest Internet poker companies operating in the United States were accused Friday of tricking regulators and banks into processing billions of dollars of illegal Internet gambling proceeds.

Eleven people including the owners of Full Tilt Poker, Absolute Poker and PokerStars were charged with violating anti-Internet gambling laws, according to charges filed by federal prosecutors in Manhattan.

Prosecutors also filed a civil money laundering complaint seeking to recover at least $3 billion from the companies, which are all based overseas, court documents said.

In addition, according to the government statement, restraining orders were issued against more than 75 bank accounts used by the poker companies and their payment processors. And the Internet domain names of the companies were also seized.

NY Times