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Showing posts from March, 2005

Consumer Watchdogs Join Forces to Hunt Down Cyberscams

Consumer protection agencies from around the world have joined forces in an international assault on scams in cyberspace. Australian consumers can report scams by calling the ACCC Infocentre on 1300 302 502, filling out a complaints form at the ACCC's slam-a-cyberscam webpage or registering an overseas scam at www.econsumer.gov.

To read more, click here.

Do you think it this sort of attempt will work? What issues/problems could arise?

US Supreme Court hears MGM Studios v. Grokster

On Tuesday the US Supreme Court heard oral argument in MGM Studios v Grokster, a case that has previously been mentioned on this blog.

Read about the case at CNN Money or at Findlaw. Fore more background information about the case including a list of some of the strange alliances that have developed between organizations wanting to either save or kill Groskster, click here.

If you are interested, the briefs (detailed written submissions) filed before the Supreme Court are available here.

What do you think of the argument that these sorts of lawsuits might have discouraged past inventions like copy machines, videocassette recorders and iPod portable music players - all of which can be used to make illegal duplications of copyrighted documents, movies and songs?

Web censorship case

Lawyers for Yahoo Inc. have asked a federal appeals court for legal protection for U.S.-based Internet portals whose content is protected by the First Amendment in the United States, but is illegal in foreign countries.

Read more here.

Should Yahoo be protected by the First Amendment?

Want to know more about legal blogs?

If you are interested in reading more legal blogs, visit The Blog Book: A Guide to Legal Blogging. As well as providing links to many legal blogs, the Blog Book also blogs on issues involving legal blogs.

The Australian IT Today

There are a few interesting articles in the IT section of today's Australian:
"Phishing thieves try a spot of pharming" (on phishing, which was the focus of the last seminar);"Spam, virus threats on the rise" (based on Symantec's biannual Internet Security Threat Report);"Online trading boom" (e-commerce);"Forum poster sued for libel" (an article on a UK case which dispels the myth that forum posters can remain anonymous).
Comment on any of the articles that interest you ...

Privacy and online shopping

"A company that provides payment services to online merchants has reached a settlement with the Federal Trade Commission over allegations it sold information about more than 1 million Internet shoppers without authorization."

Read more here.

The Australian IT Today

There are a few interesting articles in the IT section of today's Australian:
"Searcher twists name rules" (on domain names);"Sour notes for online music players" (on downloading music);"Feds' ID rules cut costs of e-trading" (on e-trading);"Libel threat to web news sites" (on internet jurisdiction).Comment on any of the articles that interest you ...

Money for jam: a new kind of scam

Money for jam: a new kind of scam
By Sam Varghese
September 10, 2003

In what appears to be a scam of a different kind, an email is doing the rounds offering people 10 percent of the money deposited in their bank accounts by outsiders.

The email starts off:

"Looking for a perspective (sic) and well-paid job in Australia?
1. If you are looking for a perspective and well-paid work in Australia (of more than 1000 $ aud in a week guaranteed).
2. If you are a Australian resident (Obligatory condition).
3. If you are over 18 (Obligatory condition)."
A link with the text "Check up our site for the further information" follows, advising the readers to "Click here (once)".

Clicking on this link take one to a webpage located at advinc-ma.netfirms.com which provides the following advice:

"My name is Andrew Colobanoff. I am an advertising manager of the A.I.C company. Our website address www.aicau.net

(Reader Derek Jenkins added a word of warning about the aicau …

Message from Citibank

Dear x,

You may have heard the term “phishing” in the news lately.

In case you haven't, it's not just “fishing” misspelled. It actually refers to unsolicited email that looks like it's from a trusted institution — but in reality is an attempt to lure people into providing personal or sensitive account information on phony web sites. The information collected is later used to commit fraud.

Citi Cards holds your security in the highest regard. For that reason, we're working diligently with law enforcement, industry organizations, and governments overseas to shut down these scams permanently.

But there are a few simple things you can do as well to protect yourself:

* Look for your “personal header” on all emails.
For your protection, effective immediately look for your first name, last name and the last 4 digits of your account number in an “email security zone” at the top of email we send you. Be suspicious of emails claiming to be from us that do not include this in…

Phishing

pFor tomorrows class, we will look at:
http://www.antiphishing.org/phishing_archive/
westpac_03-26-04.htm


Once the bad guys get your account details, how do they get your money?

More on whether bloggers are journalists?

In a case that could ultimately decide whether bloggers can be classified as journalists, a California judge has ruled that three online blog sites must surrender the names of confidential sources who allegedly leaked information about an upcoming product put out by Apple Computer Inc. Read more about the case here.

To read the opinion of the court, click here.

Call for blogger freedom

"Internet bloggers should enjoy traditional press freedoms and not face regulation as political groups, US politicians and journalists have said." Read more here.

If this was so, what would the jurisdictional implications (if any) of this be?

BitTorrent case to test FTA laws

Read all about it here.

Campaign Launched to Crack Down on Online Fraud

A national awareness campaign has been launched by banks and the Australian Federal Police outlining practical ways consumers can protect themselves and reduce risks of fraud perpetrated by criminals over the Internet.To build awareness of this criminal activity, banks and police have worked together to produce an advertising campaign and free consumer fact sheets with useful tips for minimising risks. As well as individuals, small business has also been identified as being at risk.David Bell, chief executive of the Australian Bankers Association, says identity theft is a complex crime and is an emerging threat, not just for banks, but for individuals, for other corporations and the entire community.Suggestions for protection include installing and keeping up-to-date anti-virus software and firewalls, never giving out your PIN or password, deleting spam e-mail and not accessing internet banking from a link in an e-mail.

For more information, click here.

Beware of changes to privacy policies

Tonight's session is on privacy and the internet. As we will be looking at privacy policies at some stage tonight, have a look here.

E-voting

Although it is not a topic covered in LWN117 Legal Regulation of the Internet, there have been a couple of interesting articles on e-voting recently:
Best e-voting bill introduced;Slowly, sunshine creeping into Texas e-voting process;New claims US election 'hacked'.

Is home internet banking safe?

The Associate Dean of IT at Queensland University of Technology, Bill Caelli, says that hacking tools such as trojans and spyware - which lure users to sites where software was secretly downloaded allowing criminals to log every keystroke - has rendered the home PC useless for secure financial transactions.

Read more here.

A privacy issue?

"A woman who installed a spyware program on her husband's computer to record his online exchanges with another woman cannot use that evidence in her divorce proceeding, a Florida appeals court has ruled on an issue of first impression."

For more, click here. What do you think?

Media giants join forces to fight Ontario ruling

More than 50 of the world's largest media organizations have banded together to overturn an Ontario court ruling that they say threatens free speech and development of the Internet.

"This is a case of free expression," Brian McLeod Rogers, a Toronto lawyer representing the media coalition, told the Ontario Court of Appeal yesterday.

The 52-member coalition includes CNN, The New York Times, Time magazine, The Times of London, Google and Yahoo, as well as Canadian media such as The Globe and Mail, CanWest Publications Inc., CTV and CBC.

Read more here.

EBay and Phishing

From The New York Times: "On EBay, E-Mail Phishers Find a Well-Stocked Pond"

"The proliferation of eBay and PayPal phishes means that the legitimate e-mail that powers eBay transactions are increasingly being eliminated by junk e-mail filters. At the same time, some sellers say that buyers are becoming wary because of the constant threats from phishing, which is straining eBay's relationship with customers and may be driving down auction prices."

Read more at: http://www.nytimes.com/2005/03/07/technology/07ebay.html?ex=1110862800&en=e1f51fd0875ae424&ei=5070 This article is relevant to a couple of topics we wil look at this semester.

Australian Court Won't Freeze Kazaa Directors' Assets

"A court refused Friday to grant a request by the Australian recording industry to force owners of the file-swapping giant Kazaa to disclose their assets pending a decision in a landmark music piracy case.

"Australian recording labels are suing Kazaa's owners, accusing the company of contributing to widespread copyright infringements by letting Kazaa users download up to 3 billion files each month, freely exchanging songs, music and television programs without paying royalties."

Contiuned at: http://news.findlaw.com/ap_stories/f/1310/3-4-2005/20050304070011_42.html

Jurisdiction: Maryland v. Carefirst Pregnancy

Carefirst of Maryland v. Carefirst Pregnancy, a 4th Circuit Court of Appeals decision involves issues of Internet jurisdiction. The court ruled that absent a manifest intent to target residents of the forum, a semi-interactive website with a localized focus based in a foreign state is not sufficient to confer personal jurisdiction. The fact that web hosting services occurred within the forum state was not seen as relevant.
Decision at http://laws.findlaw.com/4th/021137p.html

EBay's Joy Ride: Going Once ...

EBay's Joy Ride: Going Once ...
By GARY RIVLIN, New York Times
Many longtime sellers and Wall Street analysts, long bullish on eBay, now say they are uncertain about the company's ability to sustain its torrid rate of growth.
http://www.nytimes.com/2005/03/06/business/
yourmoney/06ebay.html?ex=1110776400&en=7037e4786ef3c892&ei=5070

Are pop-ups spam?

"Computer users are often bombarded with annoying pop-up advertisements. Separately, they also are often bombarded with annoying "spam"-- unsolicited commercial email. Can the pop-up ads be thought of, legally, as a form of spam?"

Read more at: http://practice.findlaw.com/cyberlaw-0205.html

The Case of MGM v. Grokster

"The Supreme Court Finally Steps Into The Fray Between Online File Swappers And The Major Movie And Recording Studios.On March 29, the Supreme Court will hear arguments in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., a closely-watched case involving peer-to-peer file sharing - a process in which people send or receive music or movies over the Internet. The most famous peer-to-peer file sharing site was, of course, Napster. However, after a number of rounds of litigation, Napster has now been transformed into a site that, for a monthly payment, allows only legal downloads of music (that is, downloads of copyright music for which a license has been granted). Other sites, however, continue to offer peer-to-peer file sharing software despite the fact that one of its uses is to pirate copyrighted music and movies - and Grokster is one such site.The Court's ultimate decision in MGM v. Grokster is very likely to be one of the landmarks of this term."From: http://practice…

DUTCH COURT UPHOLDS BAN ON LADBROKES INTERNET GAMBLING

DUTCH COURT UPHOLDS BAN ON LADBROKES INTERNET GAMBLING
Gambling operator Ladbrokes, owned by Hilton, cannot offer
Internet-based betting services in the Netherlands,
according to a ruling by the Dutch Supreme Court that upheld
a ban by a lower court. Gambling is regulated under Dutch
law, and only organizations with a special permit can offer
services. Ladbrokes, which does not have a permit, is
offering its services on the Internet and through call
centres operated outside the Netherlands. The Supreme Court
noted that the gambling site may use geolocation software to
ban Dutch users from accessing their site. Dutch decision at
<http://ladbrokesdecision.notlong.com/>
Coverage at
http://uk.news.yahoo.com/050221/80/fcxg6.html
http://www.guardian.co.uk/online/news/0,12597,1419838,00.html
[Source BNA newsletter]

Some recent UK Internet jurisdiction cases...

"Online defamation: where a website hit packs a real punch"

http://www.cambridgenetwork.co.uk/POOLED/ARTICLES/
BF_NEWSART/VIEW.ASP?Q=BF_NEWSART_105552


"Libel - Abuse of Process - Jameel Vs Dow Jones Inc"

"... the case of Jameel v Dow Jones Inc brings an important restriction on the right of Claimants to sue in this jurisdiction (which is amongst the most Claimant-friendly regimes in the world for libel). Previously, as long as a Claimant could show publication to one person in this jurisdiction, he could bring an action for libel here. This created the difficult scenario for online publishers (e.g. any website owner) of facing claims in England brought by foreign individuals or companies in respect of publications which in reality had little to do with England. The Jameel case was a good example, a Saudi individual suing a US publisher in this jurisdiction on the basis that the website was accessible from England and that he (the Claimant) had some level of reputa…