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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

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Consultant Jeremy Chase and Senior Associates Rawat Chomsri and Orawan Chomsri report on a significant development in foreign ownership of Thai telecoms. They also consider, in brief, recently implemented interconnection rules and some new requirements for standard form telecoms contracts

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The Australian Communications and Media Authority has launched a new spam reporting button, which will enable consumers to report spam to ACMA with the click of a computer mouse. This comes as ACMA successfully prosecutes a company and its managing director for breaches of the Spam Act 2003 . Partner Michael Pattison, Special Counsel Karin Clark and Lawyer Jesse Gleeson report

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In this edition, we look at the potential risks to a franchisor by establishing an online presence to the detriment of its franchisees, highlight a recently released report into franchisor failure in Australia, and look at the recently released Franchise Council of Australia Member Standards

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ACMA has registered a new industry Code: the Internet Industry Spam Code of Practice - A Code for Internet and Email Service Providers. Senior Associate Lisa Hill and Law Graduate Daniel Mendoza-Jones report on what ACMA claims to be the world's first legislative code of practice for email and Internet service providers

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The release on 14 March 2006 of a discussion paper on media reform options, Meeting the Digital Challenge, Reforming Australia's media in the digital age (Discussion Paper), invites submissions on the package of reforms set out in the Discussion Paper by 18 April 2006. Partner Ian McGill and Special Counsel Page Henty explain

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In 2005, Allens Arthur Robinson acted for the Melbourne 2006 Commonwealth Games Corporation (M2006) in a dispute over the registration of five domain names by a company based in Victoria, Australia. The dispute was decided by the World Intellectual Property Arbitration and Mediation Center (WIPO) in June 2005 and the domain names were subsequently transferred to M2006. Partner Tim Golder, Lawyer Andrew Fuller and Articled Clerk Stuart Hohnen explain

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A new draft of the GNU General Public Licence clarifies some of the duties imposed on companies that wish to use open source software as part of their own software development. However, it also includes some risks for such users. Lawyer Jesse Gleeson and Partner Michael Pattison report

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The Australian Government has announced changes to Voice over Internet Protocol services regulation. Partner Fred Chilton, Senior Associate Lisa Hill and Infocoms Adviser Mark Armstrong explain

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The Victorian Law Reform Commission's workplace privacy final report, written in response to growing concern about the increased use of surveillance in the workplace, has been tabled in the Victorian Parliament. Lawyer Andrew Ailwood and Special Counsel Karin Clark outline the report's findings

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The Federal Court has delivered its much anticipated judgment in the Kazaa case, which considered a range of complex technical and legal issues under the Copyright Act 1968

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Music studios and record labels had a major victory in their continuing war against unauthorised use of their materials, following a recent US Supreme Court decision. Partner Michael Pattison and Lawyer Jesse Gleeson report

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Registration of a new telecommunications industry code will require service providers to carefully review the terms on which they supply telecommunications services to consumers and small business. Senior Associate John Butt reports

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A recent High Court decision means that sponsorship money received by a sportsperson as a reward for sporting achievements is now taxable. Lawyer Peter Moran and Special Counsel Jeff Tyler explain

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The US Free Trade Agreement requires Australian governments to implement several significant changes in how they buy goods and services from the private sector. Partner Michael Pattison looks at the changes that will have important ramifications for businesses supplying to government

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Partner Michael Pattison and Senior Associate Ken Shiu look at the changes to the Australian Copyright Act in relation to safe harbour provisions for Internet service providers

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Partner Belinda Thompson and Lawyer Jonathan de Ridder discuss two recent High Court decisions and what they tell us about the implied freedoms in the Australian Constitution

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The Federal Court of Australia has imposed a $3 million penalty on Fila Sports Oceania, after finding that Fila's exclusive distribution policy for Australian Rules football apparel breached the Trade Practices Act 1974 (Cth). Lawyer Janey Draper reviews the case

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Specific compliance obligations on telemarketing activities in Victoria and NSW come into force from 30 August, reports Senior Associate Ken Shiu

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Partner Belinda Thompson and Lawyer Anne Tyedin report on a controversial Canadian defamation case that could have legal implications for online publishers

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While attempting to encourage international film-producers, the NSW Government has responded to recent problems associated with the making of the feature film Stealth in a NSW wilderness area by introducing new legislation to clarify the position regarding filming approvals. Partner Paul Lalich and Law Graduate Kristy Owen discuss the developments

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We compiled the following table in the course of preparing for the digital television reviews required in 2004 and 2005 under the Broadcasting Services Act 1992

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In a first for Australia, the Federal Court has granted an injunction to stop a breach of privacy law. Partner Ian McGill, Special Counsel Karin Clark and Articled Clerk Banjo McLachlan report on the implications for all businesses covered by the National Privacy Principles, including call centres, telemarketers and businesses with large customer databases

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Telecommunications providers and broadcasters alike will soon be dealing with a new industry super-regulator, the Australian Communications and Media Authority. Lawyer Tom Reid and Partner Ian McGill report

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The Federal Government has recently confirmed its commitment to the anti-siphoning scheme by announcing its intention to revise the sporting events on the anti-siphoning list. Senior Associate Raani Costelloe and Lawyer Louise Banyard report that it also proposes to double the time period for automatic de-listing of events from the list from six to 12 weeks

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Using offshore contractors for software development or outsourcing higher-level business process operations presents some specific legal risks that companies can easily overlook until the risk becomes an unpleasant reality, reports Senior Associate Ken Shiu

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A new draft convention on international ecommerce contracting moved a step closer at the March 2004 meeting of the Electronic Commerce Working Group of the United Nations Commission on International Trade Law (UNCITRAL). Senior Associate Ken Shiu reports

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Senior Associate Madeleine Shaw and Law Graduate Brendan Plant examine the impact the Australia-US Free Trade Agreement may have on the local content quota for pay-TV

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The Federal Government's proposed uniform defamation law could have important ramifications for free speech and freedom of the press, according to Partners Belinda Thompson and Roy Williams and Lawyer Chris Bacon. Some of the more controversial proposals announced by Federal Attorney-General Philip Ruddock have been criticised by the media, defamation lawyers and Mr Ruddock's State and Territory counterparts

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The High Court has handed down its ruling on the extent of copyright protection in television broadcasts. Partner Jackie O'Brien, Senior Associate Miriam Stiel and Law Graduate Brendan Plant report

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The recently announced agreed text of the Free Trade Agreement between the United States and Australia has major implications for the sectors of the Australian economy and society that focus on intellectual property, telecommunications, media, entertainment and electronic commerce. Partner Paul Zawa and Senior Associates Raani Costelloe, John Dieckmann and Rachel Nemes report.

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Senior Associate Ken Shiu looks at the new compliance obligations for telemarketers operating call campaigns targeting Victorian consumers.

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Senior Associate Rachel Nemes and research assistant Siobhan Lancaster discuss the Australia-United States Free Trade Agreement currently under negotiation

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We consider two high-profile cases, Popovic and Williams, which illustrate the current position in the area of defamation law and suppression orders in Victoria

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On Tuesday, 2 December, the Federal Government passed national anti-spam legislation in the form of the Spam Bill 2003 and the Spam (Consequential Amendments) Bill 2003. Lawyer Alyssa Caplan reports on the key features of the new anti-spam legislation and important compliance issues for clients

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There is a growing trend for consumers of technology services to use multiple suppliers to deliver the organisation's technology requirements. Senior Associate John Dieckmann discusses some of the issues involved in the 'multi-sourcing' approach and how to avoid the major pitfalls

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The United States Court of Appeals for the Ninth Circuit recently held that the unauthorised creation and use of 'thumbnail' images in an Internet search engine was not actionable by the owner of copyright in the images. Lawyer Anthony Selleck reports on the case

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On Wednesday, 13 August 2003, the High Court of Australia handed down its decision in News Ltd v South Sydney District Rugby League Football Club. The High Court's decision has substantially clarified the exclusionary provisions prohibition contained in the Trade Practices Act. It also has implications for high-level sporting competitions generally. Lawyer Janey Draper reports.

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Our telecommunications update service considers the ACCC's discussion paper on Internet interconnection services and the Trade Practices Act

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The acceleration of cross-border trade has led Australia to engage in more formal trade alliances with its key trading partners. Senior Associate Ken Shiu examines the telecommunications and technology aspects of some of these alliances

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Our telecommunications update service considers the ACCC's campaign against misleading claims in the telecoms sector

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The Federal Government is taking action to stop the practice of 'Internet dumping', which can cost consumers hundreds of dollars. Partner Niranjan Arasaratnam and Articled Clerk Tom Reid report on moves to safeguard against the practice

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The Copyright Amendment (Parallel Importation) Bill 2002 was passed by the Federal Parliament on 27 March. Parallel importation means the importation into Australia of legitimately made ('non-pirate') copyright subject matter for commercial use without requiring the permission of the Australian copyright holder. Partner Jim Dwyer, Senior Associate Miriam Stiel and Law Graduate Prataal Raj report

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SQL Server users might be inadvertently infringing Timeline, Inc patents, exposing them to further licence fees - even when they hold a current Microsoft licence. Senior Associate Ben Lehman and Articled Clerk Melissa Foong report

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Our telecoms update service considers the Broadband Advisory Group's (BAG) recent report, Australia's Broadband Connectivity, which collects various strategies and visions for Australia to become a world leader in the availability and effective use of broadband. BAG's new vision and its recommendation to form a broadband strategy implementation group may redress recent criticism of too many reports produced about broadband with too little action

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Our telecoms update considers the ACCC draft information paper Bundling in telecommunications markets released on 13 January 2003

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Our telecoms update considers two regulatory reports tabled in Parliament in December 2002 - the Productivity Commission's Radiocommunications Inquiry Report and the Radiocommunications Review Report - and the Government's response. Accepting a majority of the reports' recommendations, the Federal Communications Minister, Senator Richard Alston, said that required amendments to the Radiocommunications Act 1992 would be developed in 2003

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The Defamation Amendment Act 2002 (NSW), which will commence operation on a date to be proclaimed, effects a number of potentially important changes to the law of defamation in New South Wales. Partner Roy Williams reviews the key points of the legislation

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A recent NSW Supreme Court decision has emphasised the importance of sporting organisations having clear and well-drafted rules governing internal appeals avenues and procedures, explain Partner Tim Golder and Knowledge Management Lawyer Sarah Walters

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Senior Associates Gerry Cawson and Judith Taylor from our private equity team consider the new tax concessions relating to venture capital investments in Australia

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Our intellectual property lawyers and patent and trade marks attorneys review the latest cases and legislative developments affecting patents, trade marks, designs, copyright, food labelling, anti-piracy, the Internet and legal professional privilege

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Online publishers may be liable for defamation in any jurisdiction where defamatory material is downloaded and damage to reputation is suffered, following a High Court decision that publication of material on the Internet occurs in the place where it is viewed rather than posted, reports Senior Associate Belinda Thompson and Lawyer Damien van der Toorn

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Australian courts have shown in recent decisions that they are prepared to find companies based outside Australia have contravened the Trade Practices Act 1974 using the Internet. We examine two recent cases

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The inquiry into regional telecommunications services, chaired by Dick Estens, has released its findings and recommendations. Special Counsel Graham Phillips and Lawyer Chad de Souza report

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Our telecommunications service considers the recent ACCC Guide on the Resolution of Telecommunications Access Disputes (the Guide), released after industry comment on the draft guide, released in April this year

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Many Australian companies are considering placing all of their telecommunications business with the one telecommunications supplier and using their volume of business to drive a better bargain. The market for telecommunication services is now intensely competitive and customers can obtain real savings if they adopt a purchasing process that takes advantage of that competition. Partner Michael Pattison explains how to organise these projects to get the best possible deal

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The Federal Government has been successful in making the first step towards its goal of repealing the cross-media and foreign ownership restrictions, following the passing of a bill to amend the Broadcasting Services Act 1992. The second step is more difficult, reports Senior Associate Raani Costelloe