Tech companies think the statute allows them to censor with impunity. The law is seldom so simple.
Read in The Wall Street Journal: https://apple.news/AykpuzRwHQJeQWQoc3GPxyg
Read in The Wall Street Journal: https://apple.news/AykpuzRwHQJeQWQoc3GPxyg
Flight Centre organised a hack-a-phon in 2017, and gave those participating access to real customer data. This resulted in a breach of the Privacy Act.
On U.S. Election Day, 3 November 2020, voters in the State of California overwhelmingly voted in favour of Proposition 24—a ballot measure that creates the California Privacy Rights Act (CPRA). The CPRA revises and expands the California Consumer Privacy Act (CCPA), creating new industry requirements, consumer privacy rights and enforcement mechanisms.
The CPRA's new obligations for businesses will come into effect on 1 January 2023. At that time, the CPRA will effectively replace the CCPA. In the meantime, the CPRA requires that a new California privacy agency be established and that it adopts implementing regulations.
Posting anonymous reviews to defame someone is risky.
Telstra has been ordered to provide documents to a doctor so that the doctor can assist identify someone who supposedly defamed him.
Telstra did not appear at this court hearing.
This is similar to this case against Google: http://www.cyberspac.com/2020/03/google-sued-again-for-identity-of-users.html and also these cases:
Titan Enterprises (Qld) Pty Ltd v Cross  FCA 1241 (patent attorney ordered to hand over file)
Titan Enterprises (Qld) Pty Ltd v Cross  FCA 890 (written by Justice Edelman, now on the High Court)
A wedding planner has won a 'landmark' court case against consumers who made defamatory comments about her business on social media.
But she suffered 'hurt and humiliation' when two Australian women began posting salacious comments about her and her business on Facebook in 2017.
They included accusations Ms Moy was unprofessional, bullied her clients and would try ruin her client's weddings.
See also this old Fordham article
See this article regarding the recent Seiko case in the High Court of Australia
A new set of rules for .au domain names will come into effect on 12 April 2021.auDA, the domain name regulator, states: "This new licensing framework helps maintain trust in the .au ccTLD, offers clearer guidance for registrants and registrars, and enhances auDA’s role as the guardian of a key piece of Australia’s digital infrastructure."
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).
The Australian Human Rights Commission released a paper today on AI, bias and fairness. It is worth reading.
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, after the bank failed to stop almost $800,000 being withdrawn from an account linked to the cyber criminals.
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.
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.
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.
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.
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.
How Police Can Crack Locked Phones—and Extract InformationA report finds 50,000 cases where law enforcement agencies turned to outside firms to bypass the encryption on a mobile device.
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
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.
The newspapers are appealing the decision of the NSW Court of Appeal that decided that media companies can be held responsible for defamatory comments under stories they post on Facebook.
The Court of Appeal decision is not surprising. Compare prior cases:
A recent decision in Australia, concerning whether Facebook could be served in California, was decided by the Federal Court of Australia. This case arises out of a privacy action brought against Facebook by ACMA in relation to the Cambridge Analytics issues.
A recent dispute between two taxi companies confirms that a telephone number is not property and is not owned by the telco customer.
Compare this domain name decision: Multi-National Concepts Pty Ltd v. 1300 Directory Pty Ltd
The Office of the National Data Commissioner has released an exposure draft of the Data Availability and Transparency Bill for public comment. - https://www.abc.net.au/news/2020-09-16/government-draft-law-share-personal-data-between-agencies/12666792)
More information and the draft bill is available here: https://www.datacommissioner.gov.au/exposure-draft/dat
The objects of this law are to:
(a) promote better availability of public sector data; and
(b) enable consistent safeguards for sharing public sector data; and
(c) enhance integrity and transparency in sharing public sector data; and
(d) build confidence in the use of public sector data; and
(e) establish institutional arrangements for sharing public sector data.
The UK Intellectual Property Office has announced a call for views on artificial intelligence and intellectual property. In particular, the UK IPO wants to hear about the implications that AI might have for IP policy, and, likewise, what impact IP might have on AI.
See the full consultation: https://www.gov.uk/government/consultations/artificial-intelligence-and-intellectual-property-call-for-views
The consultation closes on 11 November 2020.
On Monday September 7, 2020, the European Data Protection Board (EDPB) issued draft Guidelines 8/2020 on the targeting of social media users.
The Draft Guidelines have far-reaching implications for social media platforms, advertisers, and adtech companies, as they will result in a clarification of the roles and responsibilities of the key stakeholders, and establish rules for consent.
A good article on class action lawsuits in the United States that come after a ransomware attack: Washington Post article "“Companies ...