Our experienced Technology, Media & Telecommunications legal team regularly publishes articles and updates - the full list of publications appears below. Our publications contain up-to-date news for industry professionals, with commentary by our expert legal teams. If you'd like to be notified when we add new technology, media & telecommunications publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
Communications and technology is a dynamic area of growth, with constantly changing opportunities and legislation. For more information, see our technology, media and telecommunications pages.
- 01 February 2012
Audio: Megaupload lessons for cloud computing usersThe recent closure of the Megaupload site has raised some questions about the use of cloud computing services. Partner Niranjan Arasaratnam spoke to BRR Media about the implications of the case and what businesses using or looking to use cloud computing need to do to make sure their data is secure
- 19 December 2011
Focus: Preparing for the spectrum reallocation saleThe Federal Government is now in the preparatory stages of the auction process for the simultaneous sale of the 700 MHz and 2.5 GHz bands that is to take place during 2012-13. Partner Ian McGill, and Lawyers Valeska Bloch and Matthew Tracey report on the status of the upcoming auction and reallocation process
- 15 December 2011
Focus: Cloud computing - what you need to knowCloud computing is one of the fastest-growing global trends in the delivery of IT services, and the Australian Government Information Management Office recently released draft best practice guides that are a useful reminder of what to consider in deciding whether to use cloud computing services. Partner Niranjan Arasaratnam and Lawyers Margaret Walsh and Joelle Vincent report
- 15 December 2011
Audio: Media rule convergence beginsThe Federal Government has released its interim report looking into Australia's media arrangements. Partner Ian McGill spoke to Boardroom Radio about the sweeping changes to Australia's current media regulatory system if the report's recommendations are adopted
- 13 December 2011
Focus: A newly determined Privacy CommissionerThe Australian Privacy Commissioner has made its first determination in response to a complaint since 2004. Partner Michael Pattison and Lawyer Margaret Walsh report on this decision, where an organisation was required to pay damages, issue a written apology and provide privacy training to staff
- 05 December 2011
Focus: Privacy Commissioner's tough new approach to information leaksThe Australian Privacy Commissioner has outlined strict new tactics to deal with companies that are careless with customer or user data. Partner Michael Pattison and Lawyer Luke O'Sullivan report
- 15 November 2011
Focus: Government business enterprises governance reformsThe Federal Government has released an updated version of the Governance Arrangements for Commonwealth Government Business Enterprises that better reflect contemporary developments in corporate governance policy in the oversight of Government Business Enterprises. Partner Ian McGill, Senior Associate Simon Lewis and Lawyer Maryann Muggleston consider the Government's new approach
- 24 October 2011
Focus: Major Singapore data protection reforms proposedA proposed new consumer data protection regime will affect all Singapore business sectors, applying a uniform minimum data protection standard to every industry. Senior Associate Jeremy Chase and Lawyer Henry Fraser report.
- 30 September 2011
Focus: Government consults on new right to sue for invasion of privacyIndividuals could soon gain the right to sue other individuals and companies over serious invasions of privacy if the Federal Government adopts recommendations in a long-awaited issues paper. The issues paper considers the introduction of a statutory cause of action for invasions of privacy and how to strike the right balance between an individual's right to privacy and other important public interests, such as freedom of expression. Partner Gavin Smith and Law Graduate Rowan Platt explain
- 31 August 2011
Focus: Hong Kong to establish new Communications Authority in the next move towards convergence reviewHong Kong will establish a new Communications Authority as a unified regulator for both the telecommunications and broadcasting sectors, marking the next stage in the Government's long-awaited review and consolidation of the regulatory regime governing the converging telecommunications and broadcasting industries. Partner David Wenger, Senior Associate Adrian Fisher and Trainee Lawyer Ryan Ho report
- 29 August 2011
Audio: Mobile computing - risky for business?In a trend known as BYO Computing, employees are increasingly wanting to use their own mobile computer technology for work purposes. Mobile computing can benefit employers, but there are legal risks as well. Michael Pattison and Simon Dewberry speak to Boardroom Radio about the legal issues surrounding mobile computing and how to manage them
- 06 July 2011
Focus: Senate reports on Australian Privacy PrinciplesThe Senate Finance and Public Administration Legislation Committee has released the first part of its report on its inquiry into the legislation giving effect to the new Australian Privacy Principles which, if implemented, may have significant implications for privacy compliance procedures. Partner Dean Carrigan, Special Counsel John Dieckmann, Senior Associate Nathan Shepherd and Lawyer Fiona MacDonald report
- 07 June 2011
Audio: Super-injunctions undermined by social mediaRecent events in the United Kingdom have seen super-injunctions being undermined by social media. Partner Miriam Stiel speaks to Boardroom Radio about super-injunctions in a social media world and the lessons Australian businesses can learn from the case
- 24 May 2011
Audio: Facebook data breach, lessons for businessFacebook has been in the news recently about a privacy breach affecting its members. Senior Overseas Practitioner Gavin Smith discusses how this can happen and what businesses can do to prevent similar data breaches occurring in their organisations
- 18 May 2011
Client Update: Warning! Your brand may be associated with adult content!xxx domain names will be available for registration in early September. While .xxx domain names are intended for adult content, trade mark holders in other industries will be able to take advantage of a 'sunrise period' to defensively register their trade marks so as to remove the risk of brand-jacking and cyber-squatting. Partner Andrew Wiseman, Senior Associate Jesse Gleeson and Law Graduate Andrew Wilcock look at what is involved
- 29 April 2011
Audio: Getting on board the cloud? - what you need to know firstBusinesses are increasingly looking to cloud computing as a cost-effective way of obtaining their information technology. Partner Michael Pattison speaks to Boardroom Radio about the issues businesses will need to address before choosing a cloud computing provider
- 28 March 2011
Audio: Journalist protection laws passed by ParliamentFederal Parliament has passed legislation that shields journalists - and potentially bloggers and others - from having to disclose the identities of their sources. Partner Tim Frost speaks to Boardroom Radio about how the new law will work and what it means for the disclosure of sensitive information
- 03 December 2010
Focus: Major implications of new anti-siphoning listProposed changes to the anti-siphoning regime are intensely political and have received widespread media coverage. Partner Ian McGill, Lawyer Victoria Wark and Law Graduate Maryann Muggleston discuss the proposed changes and the implications for broadcasters, rights-holders and 'new' media platforms if the new regime is implemented
- 02 December 2010
Client Update: Telecommunications law reform passedThe new telecommunications law reform has passed the Senate, with amendments. The amendments do not change the legislation's essential thrust, but do increase the transparency and oversight of the structural separation process. Partner Ian McGill, Law Graduate Anna Payten and Summer Clerk Lucinda Clarke report on the Senate's changes
- 29 November 2010
Audio: Hurdles remain for anti-siphoning listThe Federal Government has announced significant changes to the anti-siphoning list that will come into effect on 1 January 2011. Partner Ian McGill spoke to Boardroom Radio about the effect of the changes and the hurdles that remain before they are passed
- 19 November 2010
Focus: Telecommunications law reform moving forwardNew telecommunications legislation will have a profound impact on the Australian telecommunications industry's structure and regulation, and will also provide more legislative certainty for Telstra in undertaking its structural separation. Our experts from the Communications, Media & Technology and the Competition groups outline the Bill in further detail
- 08 November 2010
Focus: The importance of being earnest - defining termination eventsA ruling of the New South Wales Court of Appeallast week highlights the desirability of defining termination events in commercial contracts with clarity and specificity. Special Counsel John Dieckmann reports on a decision that has particular relevance to the technology sector, where contracts often deal with projects and services having complex requirements
- 27 October 2010
Focus: Digital dividend spectrum reallocation discussion paper releasedThe Australian Communications and Media Authority has released a discussion paper on the configuration and allocation of the spectrum in the 700MHz digital dividend band following the switch-off of analogue television broadcasting. Partner Ian McGill and Lawyers Valeska Bloch and Alicia Moody report
- 22 October 2010
Focus: Clarification of electronic signature requirementsThe rules of contract formation in electronic commerce have been clarified by new NSW legislation. Partner Niranjan Arasaratnam and Lawyer Penny Harris report on the proposed amendments and also discuss a recent Federal Court case concerning the requirements for electronic signatures
- 10 September 2010
Audio: No copyright in headlinesThe Federal Court this week ruled that there is no copyright in newspaper headlines. Partner Miriam Stiel speaks to Boardroom Radio about the implications of this decision for media companies and for those who compile information
- 15 July 2010
Focus: The domain name floodgates are about to open!It will soon be possible for companies to register their own generic top level domain names, presenting an unprecedented opportunity for trade mark holders. However, there are significant technical requirements and costs involved and the number of domain name spaces that cybersquatters could use to capitalise on other people's trade marks could be significantly increased. Partner Tim Golder, Senior Associate Jesse Gleeson and Law Graduate Nadia Guadagno report
- 14 July 2010
Focus: Personal property securities reforms and the communications, media and IT industryThe far-reaching Personal Property Securities Act 2009 (Cth) is due to come into force in May 2011 and companies operating in the communications, media or technology sectors will be affected by the sweeping changes the new legislation will bring to Australia'scommercial law. Partners Ian McGill and Diccon Loxton and Lawyer Valeska Bloch report on how the changes will affect those sectors
- 28 June 2010
Focus: Exposure draft of Privacy Principles releasedThe Australian Government has released an Exposure Draft of the Australian Privacy Principles that are proposed to replace the National Privacy Principles and the Information Privacy Principles.Special Counsel Karin Clark and Partner Michael Pattison look at the new principles and their impact on privacy compliance programs.
- 11 May 2010
Focus: National Broadband Network implementation study releasedRecently, the Federal Commonwealth released the implementation study for the National Broadband Network that sets out a technical, commercial and regulatory roadmap for the Government's policy of ubiquitous broadband services to the nation. Although subject to refinement in the coming months, Partner Ian McGill and Lawyers Valeska Bloch and William Atkins review the study
- 04 February 2010
Audio: iiNet wins landmark caseThe Federal Government has handed down a landmark decision today which found that Internet service provider (ISP) iiNet was not liable for copyright infringements that occur when people use their service to download film and television content. Partner Andrew Wiseman speaks to Boardroom Radio about what this decision means for ISPs and content owners
- 03 February 2010
Focus: APRA releases guide on the management of IT securityThe Australian Prudential Regulation Authority has published a prudential practice guide, Management of security risk in information and information technology, to assist APRA-regulated institutions manage security risk for their information and information technology. Partner Michael Pattison and Lawyer Oliver Evans report
- 02 February 2010
Focus: Digital Dividend Green Paper releasedThe Federal Government has released a Green Paper calling for submissions on the potential size, location, uses, costs and benefits of the digital dividend, ahead of analogue television switch-off commencing this year. Partner Ian McGill, Lawyer Valeska Bloch and Summer Clerk Rebecca Linquist report
- 18 November 2009
Focus: Computer network protectionThe Federal Government has recently introduced legislation seeking to improve network owners' and operators' ability to protect their networks, by expanding the circumstances in which the interception of communications passing over a network is permitted. Partner Peter James and Lawyers Valeska Bloch and William Kim examine the proposed changes
- 28 October 2009
Focus: Telecommunications reform clears next hurdle - but not out of the woodsA Senate committee report, has recommended that the government's proposed Bill on telecommunications industry changes be passed without delay to help reduce regulatory uncertainty in the industry. Partner Ian McGill and Lawyers Valeska Bloch and Chris Govey summarise the committee's conclusions
- 27 October 2009
Client Update: Review of the Do Not Call RegisterThe Federal Government has released a discussion paper calling for submissions ahead of its review of the Do Not Call Register Act 2006 (Cth). Partner Michael Pattison and Lawyer Nicholas Tobias report
- 22 October 2009
Audio: Govt responds to privacy recommendationsThe Federal Government has released the first stage of its response to the Australian Law Reform Commission's report on Australia's privacy laws. Partner Catherine Parr speaks to Boardroom Radio about the key changes to privacy laws that will impact on both the private and public sector
- 12 October 2009
Focus: Smart grid report and draft guidelines releasedThe Federal Government has released a pre-deployment report and draft guidelines as the next step in Australia's first commercial-scale smart grid demonstration project. The Smart Grid, Smart City project will be implemented in partnership with the energy sector and is also likely to have important synergies with the roll-out of the national broadband network. Partner Ian McGill, Lawyer Valeska Bloch and Law Graduate Joel Barrett report
- 18 September 2009
Focus: New rules regarding premium SMS/MMS barringThe Australian Communications and Media Authority has issued a consultation paper inviting submissions on a draft determination that would require mobile carriage service providers to offer premium SMS/MMS barring to all mobile phone customers. The proposed new rules form part of a package of consumer safeguard reforms and compliance monitoring affecting mobile carriage service providers and premium content providers. Partner Ian McGill and Lawyers Adrian Fisher and Valeska Bloch report
- 17 September 2009
Focus: Significant reform of telecommunications lawsThe Minister for Broadband, Communications and the Digital Economy, Senator Stephen Conroy has announced reforms to reshape the Australian telecommunications and media industries. New legislation aims to address Telstra's high level of both vertical and horizontal integration, address deficiencies in the competition access regime and significantly bolster telecommunications consumer safeguards. Partner Ian McGill and Lawyer Valeska Bloch report
- 15 September 2009
Audio: Telstra separation imposed for NBNAfter months of speculation, the Federal Government has today released a proposed Bill that will significantly change the Australian telecommunications industry, including the potential separation of Telstra. Partner Ian McGill speaks to Boardroom Radio about the Government's decision and the potential implications for the telecommunications industry
- 07 September 2009
Focus: New Children's Television Standards for commercial televisionThe Australian Communications and Media Authority has released the Children's Television Standards 2009 and issued a final report on the Review of the Children's Television Standards 2005. Commercial television broadcasters and those advertising during designated viewing times on commercial free-to-air television will need to be aware of these new standards, which relate to the provision of children's programs and advertising safeguards. Partner Niranjan Arasaratnam and Lawyer Valeska Bloch report
- 28 August 2009
Focus: New legislation compelling infrastructure informationA Senate committee has approved the passage of new legislation that will compel (with sanctions of up to $10 million) 'utilities', and not just telecommunications carriers, to divulge information about their network infrastructure to facilitate the planning and roll-out of the National Broadband Network. Partner Ian McGill and Lawyer Valeska Bloch report
- 26 August 2009
Focus: Anti-siphoning and sports rightsRecently, the Federal Government issued a discussion paper entitled Sports on television: A review of the anti-siphoning scheme in the contemporary digital environment as part of its review of the anti-siphoning regime. Partner Ian McGill and Lawyer Valeska Bloch examine some of the issues raised in the discussion paper and the review to date
- 21 August 2009
Client Update: ACMA successful in SMS spam casePartner Michael Pattison and Lawyer Fiona MacDonald report on the first successful Federal Court proceedings for unsolicited SMS messages initiated by the Australian Communications and Media Authority under anti-spam legislation
- 08 July 2009
Focus: Supreme Court of Victoria introduces new technology disputes optionThe Supreme Court of Victoria now combines technology cases with building and engineering proceedings in a new list aimed at the efficient resolution of technical disputes. Partner Tim Golder, Senior Associate Jesse Gleeson, and Lawyer Kelly Griffiths report
- 06 July 2009
Focus: ACMA approves new Mobile Premium Services CodeThe Australian Communications and Media Authority has approved a new, mandatory Mobile Premium Services Code that came into effect on 1 July 2009. The new Code introduces extensive and prescriptive requirements relating to advertising, supplying and keeping customers informed about mobile premium services. Partner Ian McGill and Lawyer Adrian Fisher report
- 09 June 2009
Focus: Amendments to the Indian Information Technology ActThe Indian Government is in the process of finalising regulations to clarify the operation of various new provisions under the recent Information Technology (Amendment) Act 2008. Partner Michael Pattison and Senior Associate Ken Shiu report on the legislation, and on the implications for Australian corporations
- 29 May 2009
Audio: Off field player behaviour to be regulated by Moral Hazard clausesRecent off-field incidents involving sportspeople has led sporting teams and sponsors to enact moral hazard clauses in contracts. Partner David Yates speaks to Boardroom Radio about how these clauses function
- 18 May 2009
Focus: Reforms to Australian e-commerce lawsThe Standing Committee of Attorneys-General recently agreed to amend the uniform Electronic Transactions Acts so that Australia can accede to the United Nations Convention on Electronic Communications in International Contracts. Partner Niranjan Arasaratnam and Lawyers Valeska Bloch and Nicholas Tobias report.
- 08 April 2009
Focus: New super fast national broadband networkYesterday, the Rudd Government announced a bold and unexpected initiative to establish a new company, with private sector support, to build and operate a $43 billion new super fast national broadband network. Simultaneously the Government issued a telecommunications regulatory reform discussion paper to facilitate the construction of the network and to fashion broader reforms in the transition to its operation. Partner Ian McGill and Special Counsel Lisa Hill report
