APRA is stepping up its focus on CPS234 in 2021. This is not a surprise. The Australian government has a strong focus on cybersecurity (and Defence, and foreign influence).
A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
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AI and human rights
The Australian Human Rights Commission released a paper today on AI, bias and fairness. It is worth reading.
Fraudulent Invoice Scams
A Sydney hedge fund has collapsed after a cyber attack saw its trustee and administrator mistakenly approve $8.7 million in fraudulent invoices. Scammed by a fake Zoom invite.
The scam, the latest in a series of strikes by offshore criminal gangs against Australian fund managers, has also ensnared ANZ after the bank failed to stop almost $800,000 being withdrawn from an account linked to the cyber criminals.
Comparison Website that made money from Affiliate referrals was Misleading
Trivago, a price comparison, recent lost an appeal in Australia regarding how it ordered the listings on its affiliate program website. Trivago's conduct was held to be misleading, and therefore illegal, in Australia.
See ACCC media release: https://www.accc.gov.au/media-release/trivago-loses-appeal-after-misleading-consumers-over-hotel-ads
Judgment is here: Trivago N.V. v Australian Competition and Consumer Commission [2020] FCAFC 185
Sharing User IDs
Can you give your User ID to someone else to use your account? And what if that someone then uses your account for a purpose not allowed by the user agreement? Are you responsible? This is the subject of a possible lawsuit against CoreLogic in Australia.
See BCI Media Group Pty Ltd v Corelogic Australia Pty Ltd [2020] FCA 1556 https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2020/2020fca1556
AI Action Plan for Australia
In addition to the privacy review, the government is conducting an AI review.
"The Australian Government recognises that accelerating the development, adoption and adaption of artificial intelligence (AI) will have profound social and economic outcomes for all Australians. We have an opportunity and a responsibility to strive for a better future. A future where Australians develop and use AI to solve national problems, build competitive businesses and increase our collective wellbeing.
To achieve this vision, the Australian Government will need a plan. To inform this plan, the Department of Industry, Science, Energy and Resources has released a discussion paper that seeks public input to an AI Action Plan for Australia."
You can read the discussion paper and have your say at: https://consult.industry.gov.au/digital-economy/ai-action-plan
Submissions close on Friday, 27th November 2020, two days before submissions close for the privacy law consultation.
Freedom from Lawsuits or Freedom of Speech?
Section 230 of the Communications Decency Act is supposedly being reviewed. From the NY Times:
Chief executives from Google, Facebook and Twitter appeared before a Senate hearing on a law that protects internet companies from liability for much of what their users post, and on how they moderate content. |
Democrats focused on misinformation and extremism. They also accused Republicans of holding the hearing to benefit President Trump. |
Republicans accused the executives of selective censorship, questioning Twitter’s Jack Dorsey, above, on how the company handled specific tweets. “Mr. Dorsey, who the hell elected you and put you in charge of what the media are allowed to report and what the American people are allowed to hear?” Senator Ted Cruz said. |
Australian Privacy Act - government review
The Australian Government is undertaking a complete review of The Australian Privacy Act.
Unfortunately, after a year of work, the government is only giving 4 weeks to make submissions in respect of a very detailed issues paper.
One topic for consideration is whether to legislate and create a privacy tort in Australia.
Further information available here.
Is your mobile safe from the police?
How Police Can Crack Locked Phones—and Extract Information
A report finds 50,000 cases where law enforcement agencies turned to outside firms to bypass the encryption on a mobile device.Read in WIRED: https://apple.news/Av8HKmpc-SIyx8vccKTIF2w
Fund Public Art!
Although off topic, I consider it worthwhile to fund public art. This is a great project:
https://australianculturalfund.org.au/projects/chrysalis-01
Using Covid registration data for marketing is alleged privacy breach
It was only a matter of time. The restaurant chain Wagamama has been reported to the UK Information Commissioner’s Office (ICO) for allegedly using contact details provided for Covid track and trace to send surveys to customers.
See The Times
Arrested for giving a bad review
An American who complained on TripAdvisor that a resort hotel in Thailand wanted to charge him a $15 corkage fee for bringing his own bottle of gin to the restaurant was arrested this month and spent a weekend in jail. If convicted of criminal defamation, he faces up to two years in prison. So don't write anything bad about the Sea View Koh Chang resort, which had the charges brought. |
After a backlash, the resort had some regrets. “We agree that using a defamation law may be viewed as excessive for this situation,” the hotel acknowledged. |
How should damages be assessed for privacy and cybersecurity breaches
Listen to this podcast where I discuss how damages should be assessed in privacy and cybersecurity lawsuits. The Lawyers Weekly Show host J...
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Google LLC v Defteros [2022] HCA 27 , decided 17 August 2022 by High Court of Australia. The High Court decided that for the purposes of ...
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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...
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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...