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Audit of ISPs by ACMA

A recent audit of the twenty-four largest Australian internet service providers by ACMA has found a high degree of compliance with consumer protection obligations under the industry’s content codes of practice. However, ACMA has also urged consumers to report on lack of internet safety measures. Read the press release here.

Minister for Communications, Information technology and the Arts, Senator Helen Coonan, said that the findings of the audit carried out by the communications regulator demonstrated the effectiveness of codes of practice under its co-regulatory content regulation scheme. However, a spokeswoman for the Minister said that the federal Government had not ruled out ISP-level content filtering and that the Senator's comments shouldn't be taken as indication of how well current regulation policy was working. Read the Minister's press release here.

For more details, read this report in Australian IT.

Yahoo seeks media freedom in China

Yahoo has announced that it is seeking US government help to urge China to allow more media freedom. Read more here.

.xxx domain name rejected

Following yesterday's post, ICANN has voted to reject a proposal to create a red-light district on the internet.

Read more here.

xxx

Internet Corporation for Assigned Names and Numbers (ICANN) will consider a proposal to introduce a new dot-xxx ending for adult-entertainment web sites. Read more here.

Do you think this would be an effective measure to regulate online content?

Academic Live

Just a few months after Microsoft launched the beta version of their new search engine, http://www.live.com/, they have launched Windows Live Academic at http://academic.live.com/.

Affordable internet gambling?

CNN reports that that people who use the Internet to place their bets tend to be affluent and educated. Online gambling advocates hope that this finding will encourage the US government to legalise online gambling. For more information, click here.

Have you ever gambled on the internet? Do you believe that people should be able to gamble on the internet? What legal regulation should there be for online gambling?

U.S. CYBERGAMBLING BAN?

A U.S. House of Representatives subcommittee has approved a bill that would ban Internet gambling, estimated to be a $12 billion industry. The legislation would update and expand an existing federal law to cover all forms of interstate gambling within the US, and would bar a gambling business from accepting payment in the form of credit cards, checks, wire, and Internet transfers.
http://news.com.com/2100-1028_3-6068432.html

What impact will this have? Will it be effective?

iTunes patent

WIRELESS ITUNES DISTRIBUTION - Apple receives patent

A patent application filed by Apple Computer in December 2004 appears to cover a method of buying a song, ring tone, for music video from an online store over a wireless network. The application was published yesterday on the Web site of
the US Patent and Trademark Office. It describes an invention that allows cell phone or wireless handheld users to interact with an online music store, such as iTunes, and mark a song or video file that can be downloaded to a computer at a later time.
http://news.com.com/2100-1027_3-6068654.html

Blogging in China

Australian IT reports that blogs are popular in China.
What impact do you think blogs will have on Chinese society? Can blogs help bring democracy to China?

Business 2.0 Magazine: MySpace purge draws sharp reactions

From Business 2.0 Magazine:
  • SAN FRANCISCO (Business 2.0) - When Friendster started deleting profiles it deemed risque or otherwise objectionable, users bolted for the exits, helping to boost rival social networks like MySpace. Could MySpace be making the same mistake? Author Nicholas Carr characterized a recent move to close 200,000 accounts as a "purge." Ross Levinsohn, head of MySpace parent News Corp.'s (Research) Internet division, said the move was motivated by concerns for teen safety. That's certainly credible given the spate or recent incidents in which adults have been arrested for soliciting sex from minors met on the site. But mainstream marketers' concerns about questionable content may just go just as far in explaining its recent reform campaign. And with 250,000 new accounts opened daily, the closures hardly seem large enough to slow MySpace's momentum.

Will this impact on MySpace? Should MySpace be censoring accounts?

Australian Code on Spam

Last week the ACMA registered a code of practice for internet service providers and email service providers on countering spam. Read the press release and the Code.

Do you think this Code will help reduce spam? Why? Why not?

Back to blogging

Sorry for the lack of posts over the last week. But I'm back and I promise to keep blogging until I take another week off from blogging over Easter.

IIA Questions ALP Policy Position on Internet Content

For Immediate Release

Tuesday, March 21 2006

The Internet Industry Association has questioned the rationale for the
fundamental change to Australia's internet content regulatory scheme
proposed by the ALP today.

"We are not convinced that Australian families will benefit from
fundamentally changing a scheme which is internationally recognised as
the most advanced of its kind in the world", said IIA chief executive
Peter Coroneos.

Mr Coroneos added: "Under the government-backed Internet Content Code
scheme which applies in Australia, ISPs are already required to provide
their customers with access to a filter or filtered feed. Furthermore,
these filters must pass rigorous independent testing to ensure they not
only catch the kind of content referred to the in the Opposition's
proposal, but also thousands of other sites which are likely to cause
offence to adults and potential disturbance to children. On top of all
this, the scheme prohibits ISPs from profiting from the provision of
these filters - they must be offered on a cost recovery basis, and some
ISPs even offer them for free."

Under Australia's Broadcasting Services Act, industry Codes of Practice
are developed and enforced. The Codes apply to all ISPs in Australia who
are required to adhere to the scheme, and substantial penalties exist
for non-compliance. These penalties are enforceable in the Federal Court.

Mr Coroneos added: "It is important to recognise that the UK 'Cleanfeed'
scheme (upon which the Labor proposals are modelled) was a
market-drivien initiative which arose because the UK lacked the strong
legislative protection available to Australians. We can't understand why
we'd adopt measures that will impose significant extra costs on users,
degrade network performance and deliver no real upside for Australian
families beyond that currently available."

"For families and those concerned with child safety the message is
simple," Mr Coroneos concluded. "Follow the advice given by your ISP and
take advantage of the tools and services they provide to shield your
children from unsuitable sites."

Ends

More information about the IIA Codes and family friendly filters is
available at www.iia.net.au/guideuser.html. For details of Australia's
co-regulatory scheme see www.acma.gov.au. For general information about
protecting children online, see www.netalert.net.au.


For further information please contact:
Peter Coroneos
Chief Executive
Internet Industry Association
www.iia.net.au
phone (02) 6232 6900

Tales from the Public Domain: Bound By Law?

Center for the Study of the Public Domain at Duke University School of Law, which focuses on the delicate balance between intellectual property and the public domain - the realm of material that is free to use without permission or payment - has published a comic book that provides a commentary on the most pressing issues facing law, art, property and an increasingly digital world of remixed culture. You can check out the comic book here.

Michael Geist: Keepmusiccoming.com Goes From Bad To Worse

From Michael Geist's blog:
  • "I recently blogged about CRIA's failure to renew keepmusiccoming.com, which it used as part of its 'educational' campaign to convince users to stop downloading. A blog reader has noted that the situation has gone from bad to worse as the site is now owned by a Russian download service offering up thousands of MP3 files it says are legal for nine cents each. Bear in mind, there are thousands of CDs sitting in Canadian stores today encouraging people to visit keepmusiccoming.com."

Google's GDrive

Google revealed last week that it had inadvertently disclosed its closely guarded financial projections and also let slip information about a personal, digital storage service that is in the work, known as GDrive. GDrive would be an online storage service that would give users an alternative to storing data on their personal computer hard drives. Such a service could allow users to get access to their files wherever they are, whether from a laptop, cell phone or personal digital assistant.

Read more here.

Government censorship in Australia?

The Sydney Morning Herald reported on Friday that a spoof John Howard website that featured a soul searching "apology" speech for the Iraq war has been shut down under orders from the Australian Government. Read the article here and view a copy of the "speech" here.

Is this censorship? Should the Australian government be allowed to ask Melbourne IT to shut down the site?

EFF: Proposed New Jersey Laws Would Chill Free Speech

The Electronic Frontier Foundation is objecting to a proposed New Jersey law that would require internet service providers to record users' identities and reveal them in any claim of defamation. The EFF believes that this would remove anonymous speech from the internet, thereby chilling free speech protected by the First Amendment.

Read EFF's open letter to three New Jersey congressmen.

US trys to stop internet gambling

Last week a United States House committee approved a bill aimed at stamping out the $12 billion internet gambling industry by stopping businesses from accepting credit cards and other forms of payment. Read the article from the Washington Post (free subscription required).

What dangers are posed by internet gambling? Should internet gambling be banned? How can we regulate internet gambling?

More censorship in China

On Friday a Chinese court jailed a teacher for 10 years on Friday for publishing anti-government views on the internet. Read CNN's report here.

dot.XXX legislation proposed in the US

Two US senators have proposed legislation that would establish a new ".XXX" domain for racy or sexually explicit websites. The bill proposed by senators Mark Pryor and Max Baucus, both Democrats, calls upon the US Department of Commerce to exclude sexually charged content from established website domain names such as .gov, .com, .org, .net, and .edu.

Read more here.

China defends internet censorship

On several occasions this blog has discussed content regulation of the internet in China. Last week, the Chinese Premier, Wen Jiabao, offered a defense of China's internet censorship. Read more here.

ICANN to test non-English domain names

The Internet Corporation for Assigned Names and Numbers has outlined a plan for testing domain names entirely in non-English characters, bringing closer to reality a change highly sought by Asian and Arabic Internet users.

Read more here.

France to open up iTunes

France is pushing through a law that would force Apple Computer Inc to open its iTunes online music store and enable consumers to download songs onto devices other than the computer maker's popular iPod player. Under the proposed law it would no longer be illegal to crack digital rights management if it is to enable to the conversion from one format to another.

Read more here.

What might the implications of this proposed law? Should other nations consider implementing a similar law? Why? Why not?

More criticism of AOL's attempt to create a two tiered email service

In previous weeks, this blog has linked to stories on the introduction of a two-tiered system of email. Now Californian state Senator Dean Florez, a Democrat, has criticized AOL's attempt to create a "two-tiered world of e-mail service."

"It seems to me that AOL is setting a horrible precedent here," he said. "The whole ideal of Net neutrality gets wiped away, and we are left with an Internet of haves and have-nots."

Read more here.

ID theft in South Korea

The Korean government will strengthen its measures to prevent crimes related to the stealing of personal
information, amid increasing concerns over privacy theft on the Internet. The Ministry of Government Administration and Home Affairs has proclaimed a new law, under which one could serve up to three years in prison or face a maximum 10 million won fine for unauthorized use of personal information.

Read more here.

Creative Common license upheld

The first known court decision involving a Creative Commons license was handed down on March 9, 2006 by the District Court of Amsterdam. The case confirmed that the conditions of a Creative Commons license automatically apply to the content licensed under it.

Read more at the Creative Commons blog.

Google wins a court battle

Today a US District Court judge ruled that Google did not violate copyright law when it automatically archived a posting on Usenet by Gordon Roy Parker and by providing excerpts from Parker's website in its search results.

Read a summary of the case here. The judgment is also available to read.

Microsoft to help parents monitor their children

Microsoft has announced plans to include a free service to help parents control and monitor what their children are doing online in its upcoming Windows Live offering of Web services.

Read more here.

Do you think this will be an effective way to regulate content on the internet?

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...