Weblog Entries: Legislation

Federal Spam Bill Set to Achieve Nothing

On the local (Australian) front (pardon the anchor cliché), the recent tabling of a tough national Spam law has received industry accolade, and looks set to pass when it is read for a second time next month.

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Shifty Premises: the DMCA Strikes Again

First up on today's menu: more DMCA legal shenanigans, with a United States copy-protection software developer filing suit against a graduate student at Princeton University under s1201 of the Digital Millennium Copyright Act 1998.  Read more »

Australian Search Engines Alleged to Contravene Online Gaming Laws

'According to a ZDNet report, authorities in Australia are investigating Google and a few other search engines for possible breach of the country's online gambling laws. The Interactive Gambling Act 2001 (Cth) prohibits advertising of gambling services on Web sites where "it is likely that the majority of that site's users are physically present in Australia".  Read more »

US Patent Law Reform

'"Lawmakers in Washington are considering changes to the patent code that would bring U.S. law closer to intellectual property standards in the rest of the industrialized world." The stated result of the Patent Reform Act of 2005, HR 2795 is supposed to make the system work "more efficiently" and be "less prone to litigation."'

Originally by ScuttleMonkey at Slashdot: Your Rights Online, 12:49 PM

The Anticybersquatting Consumer Protection Act: Key Information

'The Anticybersquatting Consumer Protection Act [US] has been effectively used to combat gripe sites; improper profiting from the commercial use of another's mark; and tarnishing of a mark by using it in the domain of a Web site with pornographic or other undesirable content. Martin H. Samson, a partner at Phillips Nizer, explains how to efficiently harness the ACPA to prevent the misuse of your mark in another's domain.'

Originally by Law.com - Tech Law Practice Center, 8:49 PM  Read more »

NSW Considers Anti-Scalping Laws (eBay Worried)

'The NSW government will consider bolstering its power to act against ticket scalpers, including the introduction of laws similar to those in Victoria which give authorities power over the sale and distribution of tickets for major events.'  Read more »

Congress mulls 'post-Grokster' legislation

Considering the coup de grâce

The Senate Judiciary Committee on Wednesday welcomed testimony from parties seeking the legislative final solution to P2P networks during a Capitol Hill hearing confidently entitled "Protecting Copyright and Innovation in a Post-Grokster World."…

Originally by The Register - Internet and Law: Digital Rights/Digital Wrongs, 9:54 PM  Read more »

Finland Adopts New Copyright Legislation

Anonymous Coward writes "Finland has adopted European Union Copyright Directive with new changes to its national legislation, giving Finland one of the most record label friendly pieces of legislation in Europe. The article has a good summary of the new law's changes to the old, rather flexible legislation."

Originally by ScuttleMonkey at Slashdot: Your Rights Online, 9:55 PM

First Anti-Phishing Law Enacted in California

Phishing is an increasingly common practice employed by fraudsters to procure an individual's access credentials, typically in relation to an online financial service such as a bank or eBay. It normally involves an e-mail directing users to 'verify their password', 'confirm their account' or the like, but upon clicking on the link the user is taken to a lookalike website that secretly posts their login data to the phishing server.

With internet fraud on the rise, Nathaneal writes with word that the Californian legislature has introduced legislation designed to allow civil recovery against phishers. Assuming the culprits could be found and were still connected with the missing funds (which are pretty big assumptions), the victim would have a cause of action giving rise to damages:

Arnold Schwarzenegger, governor of California, signed a bill yesterday that makes phishing a civil liability. According to MSNBC, the new law is the first of its kind in the country: 'The bill, advanced by state Sen Kevin Murray, is the first of its kind in the United States and makes 'phishing' ... a civil violation. Victims may seek to recover actual damages or $500 000 for each violation, depending upon which is greater." This is an expensive penalty for phishers who are litigated against, but do the lack of criminal accountability and the burden of action on the victim hinder the effectiveness of this bill?'

From the article:  Read more »

Howard Attacks Stanhope over Anti-Terrorism Bill Leak

The Prime Minister has described the ACT Chief Minister's decision to place the draft anti-terrorism laws on the Internet as irresponsible.

Originally by ABC News: Politics, 6:33 PM

Evidence Laws Fall in the Rush to Embrace the Anti-Terrorism Bill

As part of the federal government's terrorism response, changes will be made to the laws of evidence during trials of suspected terrorists. Andrew Lynch* writes that the proposals deserve close examination if Australia wants to retain the integrity of its courts and justice system.

Originally by CCH Australia, 9:58 PM

That the Bill Be Read a Second Time... More Thoroughly

While conducting some research on extraterritorial copyright infringement, I noticed a new bill that was tabled in the Commonwealth Parliament today. The Cross-Border Insolvency Bill 2007 (Cth) (second fireading speech) is essentially designed to transplant the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law into Australian law.  Read more »