Queensland Privacy Review and Law Reform Report
Today, the Queensland Law Reform Commission published a final report, Report No 77, Review of Queensland’s laws relating to civil surveillance and the protection of privacy in the context of current and emerging technologies.
The Report includes a draft bill: DRAFT SURVEILLANCE DEVICES BILL 2020
Facebook in Australia?
Facebook claims it can’t be sued by Aussie privacy watchdog
In a court hearing on Friday, 26 June 202, US-based Facebook has argued that it does not carry on business in Australia despite users in Australia accessing its website, calling for the dismissal of action brought by the Australian Information Commissioner over alleged privacy breaches and Cambridge Analytics.
In a court hearing on Friday, 26 June 202, US-based Facebook has argued that it does not carry on business in Australia despite users in Australia accessing its website, calling for the dismissal of action brought by the Australian Information Commissioner over alleged privacy breaches and Cambridge Analytics.
French High Court Overrules Takedown Law
The French Constitutional Council struck down critical provisions of a law passed by France’s parliament last month to combat online hate speech.
The law had put the onus for analysing content solely on tech platforms such as Facebook without the involvement of a judge, within a very short time frame, and with the threat of hefty penalties.
Decision (in French of course)
NY Times article
The law had put the onus for analysing content solely on tech platforms such as Facebook without the involvement of a judge, within a very short time frame, and with the threat of hefty penalties.
Decision (in French of course)
NY Times article
Software Applications Hard to Patent in Australia
The decision today of the Full Court in Commissioner of Patents v Rokt further clarifies the position in relation to whether a computer implemented method can be patentable in Australia.
The decision follows a series of decisions considering similar issues, which each focus on whether particular software can be the subject of a patent. In summary, the Full Court finds that the software in question in this case, which related to a method of presenting targeted advertising to a consumer, was not a patentable invention, as it was merely a method for using the well known and understood functions of a computer.
The decision reinforces the fact that a method which gets a computer to do something it has not done before is not patentable – to be patentable the method would have to enable the computer to do something which it was previously unable to do.
The law of patentable subject matter in Australia is illogical and discriminates against inventors who implement their inventions in software.
Electronic Signing of Agreements and Deeds for Companies in Australia
This article highlights the changes to the law in Australia regarding electronic signing of documents by companies. COVID-19 brought about these changes, that will stay in place once the Covid is gone.
https://www.kwm.com/en/au/knowledge/insights/signing-contracts-electronically-just-got-easier-for-companies-20200506
https://www.kwm.com/en/au/knowledge/insights/signing-contracts-electronically-just-got-easier-for-companies-20200506
UK Financial Regulator Publishes Insights from the Cyber Coordination Groups
A UK financial regulator has published a report regarding cybersecurity risks.
"CCG members also noted the development of cloud security as an emerging risk area, and that data held in cloud environments should be encrypted and protected by appropriate intrusion detection/prevention controls. In some cases, it may be advisable to include “kill switch” technology, which allows for immediate disconnection to manage the risk of a cyber attack having a more widespread impact."
See
https://www.ropesgray.com/en/newsroom/alerts/2020/03/UK-Financial-Conduct-Authority-Publishes-Insights-from-the-Cyber-Coordination-Groups
"CCG members also noted the development of cloud security as an emerging risk area, and that data held in cloud environments should be encrypted and protected by appropriate intrusion detection/prevention controls. In some cases, it may be advisable to include “kill switch” technology, which allows for immediate disconnection to manage the risk of a cyber attack having a more widespread impact."
See
https://www.ropesgray.com/en/newsroom/alerts/2020/03/UK-Financial-Conduct-Authority-Publishes-Insights-from-the-Cyber-Coordination-Groups
May The Fourth Be With Disney
When Disney asked “Star Wars” fans to share their favorite memories of the franchise using the hashtag #MayThe4th, it said responses would fall under its terms of use agreement. Social media users were scathing.
See NY Times Article: https://www.nytimes.com/2020/04/28/business/star-wars-may-the-fourth-disney.html
See NY Times Article: https://www.nytimes.com/2020/04/28/business/star-wars-may-the-fourth-disney.html
Google liable for defamation based on search results
A recent Australian case concerning defamation and Google:
Defteros v Google LLC [2020] VSC 219 (30 April 2020)
http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC//2020/219.html
"Google submitted that it could not be liable as a secondary publisher, because its search engine is fully automated and does not intend the communication of any particular words or images, including any third party webpage to which a user might navigate. I do not accept this submission....
"Google submitted that it could not be liable as a secondary publisher, because its search engine is fully automated and does not intend the communication of any particular words or images, including any third party webpage to which a user might navigate. I do not accept this submission....
As the law stands in Australia, the common law casts the publication net wide. The liability of publishers is then limited by a range of common law and statutory defences. In particular, the common law ‘defence’ of innocent dissemination operates to limit the potential liability of search engine providers. Later in this judgment, I also consider the application of the statutory defence of qualified privilege to Google search results."
Facebook in Court over Cambridge Analytics
This recent Australian judgment concerns substituted service on Facebook. It relates to Cambridge Analytics breach. Interestingly, it discusses COVID-19. Facebook did not appear in court.
Australian Information Commission v Facebook Inc [2020] FCA 531
Instagram can sublicense your photos
When you make a public post on Instagram, you allow Instagram to sublicense you photo to anyone using the Instagram API.
One professional photographer found out about this the hard way.
"Unquestionably, Instagram’s dominance of photograph- and video-sharing social media, coupled with the expansive transfer of rights that Instagram demands from its users, means that Plaintiff’s dilemma is a real one. But by posting the Photograph to her public Instagram account, Plaintiff made her choice. This Court cannot release her from the agreement she made."
See Sinclair v. Ziff Davis and Mashable
One professional photographer found out about this the hard way.
"Unquestionably, Instagram’s dominance of photograph- and video-sharing social media, coupled with the expansive transfer of rights that Instagram demands from its users, means that Plaintiff’s dilemma is a real one. But by posting the Photograph to her public Instagram account, Plaintiff made her choice. This Court cannot release her from the agreement she made."
See Sinclair v. Ziff Davis and Mashable
Google sued again for identity of users
Melbourne brothel wants order compelling Google to release info on anonymous reviewers
Google has been served with a third preliminary discovery lawsuit in Australia seeking the identity of online reviewers, this time by a Melbourne brothel and escort service seeking to eliminate 11 one-star reviews from the search engine.
Google has been served with a third preliminary discovery lawsuit in Australia seeking the identity of online reviewers, this time by a Melbourne brothel and escort service seeking to eliminate 11 one-star reviews from the search engine.
Facebook in Court
In a surprising move, the Australian Information Commissioner has sued Facebook in Australia over giving access to personal information of thousands of Australians to Cambridge Analytica.
https://www.abc.net.au/news/2020-03-09/facebook-privacy-oaic-information-commissioner/12039642
https://www.businessnewsaus.com.au/articles/australian-information-commissioner-takes-facebook-to-court.html
"We consider the design of the Facebook platform meant that users were unable to exercise reasonable choice and control about how their personal information was disclosed," says Australian Information Commissioner and Privacy Commissioner Angelene Falk.
https://www.abc.net.au/news/2020-03-09/facebook-privacy-oaic-information-commissioner/12039642
https://www.businessnewsaus.com.au/articles/australian-information-commissioner-takes-facebook-to-court.html
"We consider the design of the Facebook platform meant that users were unable to exercise reasonable choice and control about how their personal information was disclosed," says Australian Information Commissioner and Privacy Commissioner Angelene Falk.
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