| 5 April 2004: Electronic Communication Harassment Survey |
| To date, little is known about cyberstalking behaviour, especially in Australia. Although there is no universally accepted definition of cyberstalking, cyberstalking is defined in this survey as: taking advantage of electronic communications devices to harass another individual. This electronic communication could be, but is not restricted to, the Internet, email or SMS (which is a text messaging feature of mobile phones). We also recognise here that cyberstalking can be accompanied by traditional forms of stalking and harassment. Dr Monica Whitty, Queen's University (Belfast, Ireland) is conducting a study to collect information about Australians’ experiences of cyberstalking. If you have been harassed or stalked, and some or all of this harassing or stalking has taken place using electronic communications (e.g., Internet, email or SMS) you are invited to take part in the survey. You will need to be currently residing in Australia and be 18 years or older. The survey should take approximately 10-15 minutes to complete. Please refer to http://qnetdev.qub.ac.uk/survey/ if you would like to take part in the survey. The study is being conducted by Dr. Monica Whitty at Queen's University Belfast. If you have any questions about this research you should call Dr. Monica Whitty on +44 028 90335654 or email m.whitty@qub.ac.uk. (Copyright, Whitty, 2003.) |
| 3 October 2003: Australia introduces guidelines to manage IT evidence |
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| 17 September 2003: Oz NetLaw Referrals List - Search for Law Firms |
| Are you a small to medium sized law firm? Do you have some degree of expertise in internet and e-commerce related law? Do you appreciate and understand how the internet works? Are you keen to be involved in potentially new areas of law? Are you keen to develop an ongoing relationship with individuals, small businesses and organisations? Oz Netlaw is in the process of developing a referral list for client referrals and is looking for suitable law firms and practitioners to register their interest. If you are interested please register you interest by forwarding your details to advice@oznetlaw.net. |
| 28 January 2003: High Court decision on internet jurisdiction |
On 10 December 2002, the High Court of Australia unanimously held that Australian businessman, Joe Gutnick’s defamation action against US company, Dow Jones should be determined in a Victorian court, under Victorian law.
The facts of the case were that material, which allegedly defamed Gutnick, was posted on Dow Jones’ internet site. The site was accessible to subscribers to Dow Jones’ printed publications and also to users who registered on the site. Approximately 1,700 users had Australian credit cards. Gutnick resided in and maintained his business headquarters in Victoria.
The issue before the court was whether the matter could be heard by a Victorian court. Under the Victorian court rules, this turned on whether the tort grounding the action occurred in Victoria. Since the tort alleged in this case was defamation, the principal issue considered by the Court was the location in which the allegedly defamatory material was published.
Dow Jones argued that the article was published when it was uploaded onto its servers in the US. Gutnick argued that the article was published when it was downloaded by Dow Jones subscribers. He undertook not to sue in any place other than Victoria.
The High Court unanimously held that the publication occurred where the article was downloaded. This was because the damage to reputation with which defamation is concerned occurs where the material is comprehended. Merely creating and making accessible the material was insufficient to ground an action for defamation.
The Court rejected Dow Jones’ argument that the global nature of the internet supported the importation of the US single publication rule into Australian defamation law.
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| 11 July 2002: Global Internet Treaties Enter Into Force |
Two global internet copyright treaties negotiated by the World Intellectual Property Organisation (WIPO) entered into force on 6 March and 20 May 2002. Thirty countries were required to acced to both the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms reaty (WPPT) for the treaties to enter into force. This was achieved when Gabon and Honduras acceded to the treaties, joining countries including the US, Japan and Indonesia. Australia has yet to become a party to the Treaties, but has updated its copyright legal framework in line with these treaties in the Copyright Amendment (Digital Agenda) Act 2000.
The WCT prevents the unauthorised copying or use of literary and artistic works through the use of information technology, bringing the Berne Convention into line with the digital age. The WPPT similarly protects the producers of sound recordings and recorded performances of performers to cover the use of information technologies.
The treaties require parties to provide an effective and enforceable legal framework within their own countries allowing all creators to control, and be compensated for, unauthorised use of literary and artistic works. The treaties ensure that copyright protection is extended to the digital environment and that copyright holders can use technological measures to protect their works. Electronic rights management information (identifying the work, author and copyright owner) is also protected from alteration and deletion. |
| 5 February 2002: New Fact Sheet on Advertising and Marketing on the Internet |
| An extensive new fact sheet on this subject was added to the Oz NetLaw site in February 2002. |
| 19 December 2001: High Court to hear internet jurisdiction case in 2002 |
On 14 December 2001 the High Court of Australia granted Dow Jones & Co. special leave to appeal the decision of the Supreme Court of Victoria that allowed Australian businessman Joe Gutnick to sue over an article placed on the Internet in the US. The matter will be heard on a date to be set in 2002.
Dow Jones argued that the matter should be heard in New Jersey -- where the article was uploaded -- rather than in Victoria, where it was downloaded. Lawyers for Gutnick argued the case should be heard in Melbourne where people in Victoria were able to access the Internet to read the article, thereby defaming him in his home town where he is best known.
For further info see para 7 of the Jurisdiction Fact Sheet |
| 10 December 2001: Inquiry announced into NSW Internet Content Bill 2001 |
NSW Attorney-General Bob Debus referred the Classification (Publications, Films and Computer Games) Enforcement Bill 2001 to a committee for review on 6 December 2001, a day after the Bill passed NSW's Upper House.
The Bill will not become law until it is sent to the Governor for approval.
Mr Debus has asked the Standing Committee on Social Issues to investigate and report on the legislation by June next year. Submissions are now invited and must be lodged by 8 February 2002. To make a submission see the instructions on the NSW Parliament site.
The proposal makes it illegal for anyone to publish content on the web that is unsuitable for children, even if the content is only available to adults. |
| 2 April 2001: Attorney-General Launches Oz NetLaw |
Speech by The Hon Daryl Williams AM QC MP, Attorney-General
Launch of Oz NetLaw
Communications Law Centre Internet Practice Grant
Clayton Utz, Sydney
11.00am, Friday 30 March 2001
Introduction
1. For Australia to prosper and grow we need to do a number of things well.
We need to make the most of new and emerging technologies.
We need to be smarter in the way we use and apply information.
And we need to ensure that the benefits of technology and information are spread through the community.
2. The Oz NetLaw initiative helps us to achieve these things.
It uses the Internet to make the law and legal advice more accessible to ordinary Australians.
In the process, it contributes to a legal system which is equitable and just.
3. By any measure this is an enormous contribution to the rule of law in Australia.
It is my pleasure to be with you today to see a great idea become a reality.
The Oz NetLaw Service
4. The Oz NetLaw service will enable people to get sound legal information and advice over the Internet.
This means that time and geography will no longer be barriers to accessing the law.
5. The service is the first of its kind in Australian and it will specialise in law relating to the Internet and e-commerce.
This is a new field of legal practice, but in essence it embraces may existing areas of law such as defamation, copyright and consumer protection.
6. Oz NetLaw means that at any time of the day, from anywhere in Australia, everyone – from small businesses to community organisation s and individuals – will be able to access legal information over the Internet.
And if they have more detailed queries and need advice from a lawyer they will be able to submit their query and be guaranteed of an answer within 10 days.
Government Commitment to the Legal System
7. The contribution Oz NetLaw will make to the accessibility of the law is important to me and it is important to the entire Government.
8. The Government provides around $128 million a year for Community Legal Services and Legal Aid Programs to assist disadvantaged Australians to obtain legal services.
9. But it is not enough to just provide a safety-net of legal aid for those most in need.
And it is not realistic to expect that this safety net will meet the circumstances of everyone who needs legal advice.
10. It is essential that we have initiatives like Oz NetLaw which expand the range of options open to people.
11. I have no doubt that Oz NetLaw will further contribute to the accessibility of our legal system by giving people more information about their legal rights and responsibilities.
Social Coalition
12. Oz NetLaw is the product of cooperation between the business, community and public sectors.
13. Rather than standing by and waiting for someone else to put in the time, money and effort to make it work – Oz Netlaw is an example of what can be achieved when the Government and the public and private sectors work together.
14. I would like to make special mention of the contributions made by the Honourable Deirdre O’Connor and the Board of the Communications Law Centre.
John Corker and staff of the Oz NetLaw practice also deserve special recognition.
And of course, the support and sponsorship of Gilbert and Tobin and Clayton Utz have been vital to getting Oz NetLaw up-and-running.
15. Add to all this the Commonwealth’s one-off grant of $73,000, and the Oz NetLaw service is a fine example of how social coalitions can, and do, contribute to our society and economy.
The Internet and E-Commerce
16. Whilst it is important that we work together to use new technologies to improve our access to the law, it is also important that the law keeps abreast with the changes that new technologies bring.
17. The introduction of the Electronic Transactions Act 1999 is a Government initiative designed to meet the challenges posed by e-commerce.
18. Its primary aim is to support and encourage business and consumer confidence in electronic commerce.
It represents an enormous step forward for the acceptance of legally-binding actions over the Internet.
19. Intellectual property is another field that has had to be updated to take into account the rapid development and the changes wrought by new technologies.
20. The Copyright Amendment (Digital Agenda) Act 2000 has implemented major reforms in order to update Australia’s copyright regime.
21. The Act ensures that Copyright Law will continue to promote creative endeavour whilst allowing reasonable access to copyright material through communications technologies.
It is a key component in the Government’s commitment to encouraging the growth of the information economy whilst protecting intellectual property rights.
Law by Telecommunications
22. The Howard Government’s commitment to using new and innovative technologies extends well beyond access to the law.
23. Some of you will know about the Government On-line Strategy.
The strategy is part of our determination to ensure that our services are available on-line.
24. I am happy to report that Government agencies are well on their way to meeting this goal.
25. In my portfolio, we are particularly excited about the development of the Law by Telecommunications initiative.
26. This initiative will involve two aspects.
The first is an online information service for Commonwealth legal matters.
The second is an online database and national call centre providing information on family law.
The database will act as a "front end" national access point to information on Family Law.
In line with the Government’s goal of helping people avoid litigation, it will also introduce people to other primary dispute resolution processes.
Conclusion
27. The rise of the information and technological age presents a range of challenges.
28. Our future as a nation will be shaped by how we adapt to and respond to these changes.
29. Ultimately, it will be our willingness to embrace these changes and turn them to our advantage that will determine our success in the future.
30. Oz NetLaw is an excellent example of how Australians can work together to respond to change in a positive way.
31. I am pleased the Government has been able to support this enterprising venture and I wish it every success. |