feedSubscribe to our news feeds
Archived Posts Lists

Australian Regulatory Compliance Review
Australian Technology and IP Business
Credit Union and Mutual Law
National Consumer Credit Reform
Personal Property Securities Australia
Longview Business Insights
Australian Private Health Insurers
Wills, Trusts, Super
Mutuals Resource Centre

Resources

Commonwealth legislation
Corporate Governance
Not-for-Profit links
Regulator Links

January 31, 2006

Google, data and privacy

Google has refused to provide the US Department of Justice with extensive search data. (see my previous note).

It prompted Canadian lawyer Michael Geist to write an article about the risks and rewards of data retention.

He points to the paradox that companies which retain data for lengthy periods to assist in analysing customer usage also expose themselves to legal requests for the data as well as the risk of becoming hacker or thief targets.(see my note on notification of security breaches).

A key quote:

The value of information extends beyond personal data.  Once
aggregated, retailers can spot trends among demographic groups, ISPs
can gauge usage patterns, and search engines can identify what is on
the minds of the world’ s Internet users.

Given its value, it
comes as little surprise to find that companies retain such data for
lengthy periods, using sophisticated data mining technologies to
analyze the information. While these previous examples illustrate the
rewards of data retention (which benefit both companies and their
customers), significant risks also exist.

The same data can be
mined for purposes that extend far beyond the reasons for which it was
initially provided.  The Google case provides a classic illustration in
this regard as mere search terms take on a new significance in the
hands of Department of Justice lawyers.

Print This Post Print This Post

Posted 31st January 2006 by David Jacobson in Legal, Web/Tech

January 27, 2006

New draft General Public Licence for open source software

The GNU General Public Licence (currently version 2) is the basis of open source software: the licence allows software users to use software free of charge, to copy it and to improve it by making the source code available. However, under the licence, improvements must also be made available on the same basis.

The new draft of GPL v3 is the first since 1991.

GPLv3 will specifically attack Digital Rights Management by prohibiting
the use of GPL-licensed software as part of a DRM system. It also seeks to limit the effectiveness of patents based on GPL licensed software.

Businesses will need to review their use of software based on GPL licences.

Print This Post Print This Post

Posted 27th January 2006 by David Jacobson in Web/Tech

January 23, 2006

Was Scott McNealy right: do we have zero privacy?

Last November there was a story about how an accused murderer’s computer’s history of Google searches helped convict him.

We regularly read articles about how email was used in a court case.

Last week Google refused to provide the US Department of Justice with extensive search data.(see collection of links at beSpacific)

Om Malik’s article Living a Cached Life argues that Scott McNealy was right, that the only privacy you will have will be in your thoughts.

"Search engines are like the digital sand, where we leave foot prints. Corporate email systems (as Microsoft and Bill Gates know all too well from their DoJ adventures), instant messaging systems, and even shopping carts – we are leaving a tiny bit of privacy wherever we go."

If you are someone who cares about their privacy (and not everyone does) there are things that you can do, starting with not doing personal things on your work computer.(see Don Dodge for 7 tips).

Privacy and technology are not incompatible: the privacy threatening features of internet technology are not separable from the capacity that makes it desirable or useful on other grounds. If you take care you can have your privacy and use technology, except where you trade it for a service you want.

Privacy analysts divide the population into 3 categories. “Privacy fundamentalists” are deeply concerned about privacy rights and reject any consumer benefits that require release of data about themselves. At the other end of the spectrum are “the privacy unconcerned”, who don’t think about privacy, don’t see any problem about giving their information away or how it might be used. In the middle are “privacy pragmatists” who balance the potential benefits and threats involved in sharing
information and are concerned about “function creep” (ie the secondary use of information originally divulged for one purpose only.) Pragmatists will give up protection depending on what they get in return.

Telecommunications providers know the date, time, length, call number and destination of phone
calls. If you are calling from a mobile phone, they know your location. Pay TV services know the viewing interests of subscribers. Internet portals know the interests of users. Online financial services aggregators and bill management services have access to sensitive personal financial information. Businesses can track a customer’s purchase history.
Information about you is stored on public registers and telephone and email directories. Your school,
university and employer may have published your name. Discussion groups and chat rooms can be searched. Junk email is commonplace.
Your identity can be verified through DNA databases. There are surveillance cameras in public places.

There is a record of the prescription drugs you use and your medical history.
Technology records the magazines we purchase and the articles we read. When a person enrols for
prenatal classes, she receives catalogues for baby products. When a veteran fills a script for arthritis, he gets a letter from DVA telling him how to manage arthritis. When you lodge a building application with your local authority you get junk mail from building suppliers.

Your motor vehicle location can be tracked (telematics).

Current technology allows previously unrelated information to be collected and analysed by search engines. Businesses sometimes enter into strategic alliances to share technology and
information and share advertisements. Information provided for one purpose is able to be used for another.

Do we only have zero privacy if we don’t value it?

Print This Post Print This Post

Posted 23rd January 2006 by David Jacobson in Privacy

January 20, 2006

UGH-BOOTS: application to remove trade mark successful

Section 92 of the Australian Trade Marks Act permits an application to be made for removal of a registered trade mark if the trade mark has not been used by the owner or an authorised user in relation to the relevant goods or services for at least 3 years.

Usually a threat to make such an application is accompanied by an offer to buy the trade mark (for an amount less than the cost of litigation but covering the cost of registration) but in some cases such an offer is not appropriate.

In the case of UGH-BOOTS there were numerous manufacturers of sheepskin boots (including the applicants) using the names ug, ugg and ugh and variants of those names.

An application was made in 2003 for removal of the UGH-BOOTS trade mark. The decision was handed down on 16 January.

The hearing officer found:

The evidence overwhelming supports the proposition that the terms UGH BOOT(S), UG BOOT(S) and UGG BOOT(S) are interchangeably used to describe a specific style of sheepskin boot and are the first and most natural way in which to describe these goods which should innocently come to the minds of people making this particular style of sheepskin boot.

But there was no evidence of use of UGH-BOOTS (with the hyphen).

The trade mark owner opposed the application but was not able to satisfy the Hearing Officer of the mark’s use and he directed the mark’s removal. The decision is subject to appeal.

For comment see Weatherall’s Law

Print This Post Print This Post

Posted 20th January 2006 by David Jacobson in Legal

January 18, 2006

Cease and desist: the problem with names

Lawrence Lessig links to this wonderful animation with rhyming narration about the problems a superhero has choosing a name.

UPDATE: Coincidentally, The Age has reprinted the famous letter from Groucho Marx to Warner
Brothers studio, which was threatening legal action if the Marx Brothers insisted on using the title, A Night in Casablanca, for their next film as Warners had made "Casablanca".

Print This Post Print This Post

Posted 18th January 2006 by David Jacobson in Legal

January 13, 2006

Web 2.0 in Australia

Whilst the world is flattening and we think globally but act locally, most web 2.0 developments that I read about daily are not automatically available in Australia.

Therefore when an Australian application captures USA attention, the question is whether it will be developed locally or whether it will move to Silicon Valley: all Australian eyes will be watching Omnidrive and wishing it success.

Another aspect of thinking local is taking an overseas application not available here and developing a local version: an Australian blog search engine is to be released shortly.

UPDATE: Here’s a post about internet calendar/diary service Remember The Milk not being able to send SMS messages in Australia (make sure you read the comments!)

Print This Post Print This Post

Posted 13th January 2006 by David Jacobson in Web/Tech

January 7, 2006

Quote of week: top VC lies

Guy Kawasaki has written a tongue in cheek article on The Top Ten Lies of Venture Capitalists.

Loved this one:

“This is a vanilla term sheet.” There
is no such thing as a vanilla term sheet. Do you think corporate
finance attorneys are paid $400/hour to push out vanilla term sheets?
If entrepreneurs insist on using a flavor of ice cream to describe term
sheets, the only flavor that works is Rocky Road. This is why they need
their own $400/hour attorney too–as opposed to Uncle Joe the divorce
lawyer.

Print This Post Print This Post

Posted 7th January 2006 by David Jacobson in Legal