Allens Arthur Robinson

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The Federal Government has released the report of the expert panel appointed to examine proposals for regulation of the unconscionable conduct provisions in the Trade Practices Act 1974 (Cth), and agreed to clarify the provisions, and consider amending the Franchising Code of Conduct to require greater disclosure about franchise agreements and their risks. Partners Carolyn Oddie and Tim Golder and Senior Associates Robyn Chatwood and Alexander Gelis report

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The 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

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The 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

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The 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

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A 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

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The 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

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The 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

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The 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

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The 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

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The 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

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A 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

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Recently, 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

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Partner 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

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The 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

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The 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

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The 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

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The 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.

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Yesterday, 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

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Communications Alliance recently released a draft industry code of practice for mobile premium services that proposes stricter standards for advertising and service. The draft code aims to ensure consumers can give informed consent when purchasing mobile premium services. Partner Ian McGill and Summer Clerk Hamish Nairn report

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A new top level domain, .tel, is due to be launched on 3 December 2008, and marks the dawn of a completely new type of domain name. Instead of linking to a website, a .tel domain will lead directly to a page containing contact information for the person holding the domain name. The aim is to create a global 'e-directory', by which users can quickly locate contact information for businesses and individuals, without the need to browse entire websites or search multiple directories. Senior Associate Rebecca Sadleir reports

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On 10 November, the Federal Attorney-General released a consultation paper outlining a number of proposed changes to the Electronic Transactions Acts as enacted federally in each state

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The need to meet new emissions reporting requirements in 2009 will require many organisations to procure new information technology systems or modify existing systems to provide enhanced reporting systems capability. Partner Niranjan Arasaratnam and Senior Associate Ken Shiu report on what needs to be done to comply with the reporting requirements

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The Federal Privacy Commissioner has released a guide for businesses, government agencies and non-government organisations on how to respond to data security breaches, including when affected individuals should be notified. Importantly, the guidelines recognise that it is not always desirable that the individuals concerned be told about the breach. Partner Michael Pattison and Special Counsel Karin Clark discuss the guide's recommendations

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The Content Services Code for industry co-regulation in the area of content services as required by Schedule 7 to the Broadcasting Services Act 1992 was registered by ACMA on 16 July 2008. Partner Ian McGill and Lawyer Valeska Bloch look at the implications following the Code's registration

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Some certainty and common sense has re-entered the Australian franchising industry with today's highly anticipated judgment of the High Court of Australia in Master of Education Services Pty Ltd v Ketchell. Partner Andrew Wiseman and Lawyer Tim Holden report

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On 26 June 2008, the Internet Corporation for Assigned Names and Numbers approved recommendations that will allow for a significant increase in the number of generic top-level domains. Implementation of the recommendations will see the registration of generic top-level domains become far more accessible to corporations and communities. Partner Michael Pattison, Lawyer Adrian Fisher and Research Assistant Margaret Walsh look at what is involved

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A long awaited Information Technology (Amendment) Bill is currently up for consideration by India's upper house. The Bill seeks to address, among other issues, deficiencies under Indian law relating to data protection in the wake of publicised incidents of data breaches involving Indian offshore service providers. Senior Associate Ken Shiu and Partner Michael Pattison reports that such measures have been required within India's IT industry for several years

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With effect from 1 June 2008, auDA, the Australian Domain Name Administrator, has introduced a policy that removes most of the restrictions that previously applied to the transfer of .au domain name licences. The procedure for transferring .au domain names has also been simplified. Senior Associate Rebecca Sadleir discusses the changes

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The Chinese Ministry of Science and Technology, the Ministry of Finance and the State Administration for Taxation have released the Administrative Measures for the Recognition of High and New Technology Enterprises which sets out the procedures and requirements for PRC enterprises to be recognised as high-technology enterprises. Partner Campbell Davidson, Lawyer Justin Chin and Paralegal Michelle Ding report

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As a result of the Vietnamese Government's continuing economic reform agenda, foreign investors are likely to be given the opportunity to become strategic investors in major Vietnamese State-owned enterprises in the telecommunications industry as part of the country's 'equitization' process. Senior Associate Ian Stewart and Lawyer Daniel Allender comment on the current state of play and potential further developments

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Over the past 18 months, social networking sites have become mainstream and concerns about the online safety of children has received increasing political and media coverage both within Australia and internationally. Three documents that have been recently released in the United Kingdom examine the use and misuse of social networking sites and make recommendations for strategies to minimise online risks and enhance child safety. Partner Ian McGill and Lawyer Valeska Bloch review these documents

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With the bulk of the Communications Legislation Amendment (Content Services) Act 2007 (Cth) becoming operative on 20 January 2008, the Australian Communications and Media Authority has responded to the new content regulation scheme by developing a new Restricted Access Systems Declaration, which regulates access to restricted content delivered to mobile handsets and over the Internet. Lawyer Matt Vitins and Summer Clerk Chris Dalton look at what will change

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In a recent Federal Court case, a software owner was unsuccessful in taking action against a company that was clearly making unauthorised use of its software. The plaintiff lost, even though the software had been obtained by a former employee who had signed a confidentiality undertaking to protect the company's 'confidential information'. Partner Michael Pattison and research assistant Margaret Walsh explain that the case serves as a useful reminder of some basic steps that software owners should take to protect their property

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Over the past 18 months, the Government made incremental changes to the Broadcasting Legislation Amendment (Digital Television) Act 2006 to facilitate the transition from Australia's single analogue television broadcasting service to a system requiring broadcasting in digital mode, and facilitate the associated services and new channels

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Recent and complex changes to the Broadcasting Services Act 1992 have been driven by an objective of harmonising Australia's content regulation. Subject to a number of exceptions, whatever the delivery platform or form the content takes, whether permanent or ephemeral, the Internet content industry will be required to respect community standards on content, particularly that which may be objectionable to children. Partner Ian McGill and Lawyer Valeska Bloch review the changes

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Partner Catherine Parr, Special Counsel Karin Clark and Articled Clerk Kelly Griffiths report on proposals in the Australian Law Reform Commission's recent discussion paper for the reform of Australian privacy laws as they relate to credit reporting

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A recent Federal Court case considered the issue of when a distribution agreement or trade mark licence is also a franchise agreement and is, therefore, regulated by the mandatory Australian Franchising Code of Conduct. Partner Tim Golder and Lawyer Robyn Chatwood report on how the case clarified the factors relevant to a 'system or marketing plan' and detail the court's non-exhaustive list of considerations

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The release of new geographic domain names will give businesses an opportunity to register domains that reflect a geographic connection to their business. Senior Associate Jesse Gleeson and Articled Clerk Jeremy Collins report

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The Australian Law Reform Commission has recently released a discussion paper that proposes reforms of Australia's privacy laws as they relate to developing technologies and telecommunications. Partner Michael Pattison, Articled Clerk Jeremy Collins and Law Graduate Tim Cardiff report

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We look at the process for securing domain names in the soon to be released '.asia' top level domain and the first US litigation brought by software developers for breach of an open source licence

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In Ketchell v Master of Education Services Pty Ltd, the New South Wales Court of Appeal held that a franchising agreement was illegal because it contravened clause 11 (1) of the Franchising Code of Conduct. Partner Andrew Wiseman and Lawyer Andrew Dyer report on the major implications stemming from the decision for both franchisees and franchisors

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The Federal Government's Office of Small Business has released its much anticipated amendments to the Franchising Code of Conduct. In some cases, the amended regulations, which commence on 1 March 2008, go further than both the recommendations of the Franchising Code Review Committee and the Government's initial response. Partner Tim Golder and Lawyer Robyn Chatwood report on the more significant changes and their impact on franchisors

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We look at the obligations of users of open source software and the contractual principles of online auctions

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The past two months has seen a crackdown by the Australian Communications and Media Authority on unsolicited electronic messages. Special Counsel Karin Clark and Lawyer Suzanne Komattu-Mathews report on the outcome of three recent decisions under the Spam Act 2003 (Cth)

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Judge Felicity Hampel in the Victorian County Court recently held that the general law now offers protection to 'private information' under both the equitable action of breach of confidence and a new tort of invasion of privacy. Special Counsel Karin Clark, Lawyer Maree Norton and Articled Clerk Adam Butt consider the extent this groundbreaking decision, if upheld, is likely to increase an individual's right to control the publication of 'private information' about themselves

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The Australian Communications and Media Authority's Media Diversity Report was published on 30 May 2007. It sets out details of the ownership of the regulated media platforms in each commercial radio licence area in Australia and it provides details about the points regime that is central to the administration of the new media ownership laws that came into force on 4 April 2007. Partner Ian McGill reports

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The creation of a Do Not Call Register scheme last year has major repercussions for the telemarketing industry and all businesses that use phone marketing techniques. Special Counsel Karin Clark, Lawyer Andrew Ailwood and Law Graduates Claire Bourke and Valeska Bloch outline the legislative components establishing the scheme and examine its implications

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The recent Federal Court decision in Australian Performing Rights Association Limited v Monster Communications Pty Limited provides some guidance on wording often used in licence fee calculations in mobile content licences and other online interactive services arrangements

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The much-publicised copyright infringement litigation brought by the major record companies in the Federal Court of Australia in Sydney has been settled