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Privacy

Please review the following privacy materials for the next lecture.

Australia
General information - OAIC, Australian Privacy Foundation, Electronic Frontiers
How prevalent (and relevant) are privacy concerns in Australia? How would you pursue a privacy complaint?

Legislation - look at the Privacy Act and the National Privacy Principles. Are further reforms on the way?

Case reports - review (and be ready to discuss) some privacy decisions, whether made by the Federal Privacy Commissioner or the Australian Information Commissioner.
You should also be aware of relevant case law in this area - is there a right to privacy at common law? Will there be in the future?

International
Art 17 of ICCPR.

Contractual rights
Look at the privacy policy of at least 2 websites you frequently use. Do you agree to all the terms and conditions?
For example - Google, News

Cookies
Are cookies a privacy concern, or a part of everyday life?

Recent news
Google and more Google
Then Google maps - what have been the different responses around the world?
Facebook and also here

International Online Shopping

U.S. stores are shipping to customers in Australia.

"International visitors are coming to American sites because of lower prices and the availability of products they cannot get in their own countries, according to Forrester. Macy’s has found that Australian shoppers are particularly interested in its trendy clothes, while Canadians want basics like coats, shoes and underwear."  See NYT

What legal issues could arise for the U.S. sellers and the Australian buyers?

Wrong Takedown Demand

What happens if a person issues a copyright take down demand to a file sharing website such as Vimeo or YouTube, and it is wrong.  Potential liability for unjustified threats.
See Bell v. Steele
See also:  SMH Article and Note.

Telephone Numbers, Domain Names and Trade Marks

Have a look at this recent decision concerning a trade mark application for a telephone number:
1-800-Flowers.Com, Inc v Registrar of Trade Marks [2012] FCA 209
This case involves a dispute between 1300Flowers and 1800Flowers.
It reminds me of the domain name decisions concerning "Phonewords".  See for example:
the 1300fitness.com.au decision.

For Creators of Games, a Faint Line on Cloning

"Cloning the soul of a game — its gameplay mechanics, design, characters and storyline — is now commonplace in digital marketplaces like Apple’s iOS App Store and Google’s Android. And while the app stores have offered an unparalleled opportunity for independent software makers to reach customers and make money with an innovative game, they are learning it is just as easy for another game studio to compete with a very similar game."
See Full Article

Class 4 - Spam, crime and phishing

Next week we will be looking at spam, crime and phishing.

Please look at the relevant chapters of the textbook (chapter 11 and part of chapter 3) as well as the following materials.


Spam

Australian law - Spam Act 2003 (Cth)
US law - CAN-SPAM Act
EU directive - Directive on privacy and electronic communications (Article 13)
Australian Communications and Media Authority (ACMA)
Internet industry Spam Code of Practice

How effective are these laws?

Crime
Australian law - Criminal Code 1995 (Cth)Criminal Code 1899 (Qld)
Scale of cybercrime - Symantec report
Australian Federal Police
Lulzsec
Cost - here and here

Is cybercrime underreported? Australian Institute of Criminology

Phishing
Australian government - Scamwatch
Anti Phishing Working Group
Domain-based Message Authentication, Reporting & Conformance

What is the best way to respond to phishing - raising awareness, enacting legislation or cutting off scam emails before they arrive?

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...