Friday, December 16, 2005
Thursday, December 08, 2005
Sunday, December 04, 2005
Monday, November 28, 2005
Wednesday, November 16, 2005
Tuesday, November 08, 2005
Friday, October 28, 2005
If the NSSR is prosecuted, the case will set a benchmark in determining the extent to which European employers can rely on work-related interests as grounds to access workers' electronic communications. And regardless of the outcome, the case will serve as a reminder to employers of both the precautions that need to be taken in relation to the monitoring of workers' emails and the risks of improperly doing so. Indeed, given the strict treatment of the a public service entity like the NSSR, the ramifications for for-profit corporations could be even more substantial
Steptoe & Johnson LLP. Steptoe & Johnson LLP weekly newsletter
Monday, October 24, 2005
Friday, October 21, 2005
Wednesday, October 19, 2005
Monday, October 17, 2005
Friday, October 14, 2005
Tuesday, October 04, 2005
What next? What will be the impact on your business?
Be careful for certain Service Providers that will now all of a sudden sell you 'new' policies.
- This very important Act can not be dealt with in isolation and will have to be implemented, if not already part of your business, in combination with other very important legislation, for example the Electronic Communications and Transactions Act 2002, The Labour Relations Act 1995, and draft Directives that have already been issued to various operators in the Cellular and Telecommunication Industry;
- A single policy is not the solution to all and will it be imperative for your business to review the following:-
- Employment Agreements;
- Independent Contractors Agreements;
- Service Provider Agreements;
- eCommunication Policy (and yes, keep it technology neutral);
- eMail Legal Notice, to be attached to every single email that leaves your business;
- For certain Industries it might be useful to implement a Interception of Communications Policy, e.g. Cellular Operators etc.;
- Records Management Policy, specifically focussing on the retention of certain records for evidential purposes or for example where, as per a specific Directive, your Company is required to retain the records then retention of records as prescribed by law;
- Disciplinary Codes to be reviewed;
- Data Retention Policy
(please take note that the above is not an exhaustive list and will definitely varies from Company to Company)
Again, this should not be an expensive exercise but definitely an exercise that should be executed sooner than later...
For more details, assistance or quote, please feel free to refer to our website and more specifically the section called eCommunications where you can select certain deliverables and request a quote. The eVG Policy Manager (see eVG Services), for implementation of the above mentioned, may also be of interest to your company
Friday, September 30, 2005
Hopefully our own Law Commission will consider the above when drafting South Africa's own Data Protection legislation.
Thursday, September 29, 2005
The following topics were discussed:
- How to value your Information Assets – A paradigm shift from Information Security to Information Risk Management;
- Policies, procedures and tools to successfully implement Password Management;
- Identity Management; and
- A Vulnerability demo taken from the Certified Ethical Hacking course
An interesting question came up during the session : "can one say that there is such a thing as ethical hacking; the law does not differentiate between hacking (malicious intend) and ethical hacking..." - What do you think...
Wednesday, September 28, 2005
Monday, September 26, 2005
Thursday, September 22, 2005
Tuesday, September 20, 2005
Thursday, September 15, 2005
E-billing adoption rates are improving steadily as more billers offer electronic document delivery, and more consumers take up these options. But there is always room to encourage the numbers through targeted initiatives aimed at pushing the adoption of e-billing faster and higher.
Monday, September 12, 2005
Thursday, September 08, 2005
Wednesday, September 07, 2005
Tuesday, September 06, 2005
According to a recent government gazette, all (excluding a few 'long-term' exceptions) private bodies are exempted from submitting the manual until at least 31 December 2005. The gazette announcement also grants long-term exemptions to private bodies and private companies until 31 December 2011. The long-term exception is only applicable to privte bodies that do not exceed the turnover amounts specified per industry or where the total number of employees do not exceed 50 employees, irrespective of turnover.
Although left to the very last minute, it is definitely a welcomed extension for smaller private bodies that does not need to spend thousands of rands to get their manual drafted and submitted. The only concern we have is - why establish legislation to deal with the Right of Access to Information and then differentiate between entities based on revenue or employees? A Right is a Right is a Right and should be applicable to every single private and public body in South Africa.
Wednesday, August 31, 2005
Tuesday, August 30, 2005
Friday, August 26, 2005
In Grokster, which involved peer-to-peer file sharing software that had been used to share copyrighted music and video files, the Supreme Court held that "one who disributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties." But the EC’s proposal goes even further than Grokster. For while Grokster involved potential civil liability for contributory infringement, the proposed EU directive would make such indirect copyright infringement a criminal offense.
Wednesday, August 24, 2005
Friday, August 19, 2005
Wednesday, August 17, 2005
Tuesday, August 16, 2005
Thursday, August 11, 2005
Wednesday, August 10, 2005
Thursday, August 04, 2005
Wednesday, August 03, 2005
Thursday, July 28, 2005
Tuesday, July 26, 2005
Monday, July 25, 2005
Thursday, July 21, 2005
Wednesday, July 20, 2005
The FCA ruled that Stephen Cooper, the owner of the site mp3s4free.net, had authorized copyright infringement, even though music files were not downloaded on or saved to Cooper's site or the host server of Cooper's website. Cooper's ISP, E-Talk Communications Pty Ltd. trading as Com-Cen Internet Services, was also find liable. A director and a staff member of the ISP were also found to have authorized copyright breaches. The ISP hosted Cooper's site in exchange for free advertising. The case alleging breaches of Australia's Copyright Act 1968 was initiated by six Australian music companies and 25 foreign corporations holding copyright in sound recordings.
Michael Williams, partner in the law firm Gilbert and Tobin and counsel for the music company plaintiffs, told BNA that the case was "the first test" of how digital copyright provisions inserted into the Copyright Act in 2000 applied to Internet activity. "This decision follows American decisions that have held hyperlinking to infringe copyright."
Full text of decision is available at the Australasian Legal Information Institute, http://www.austlii.edu.au/au/cases/cth/federal_ct/2005/972.html
Monday, July 18, 2005
Thursday, July 14, 2005
Wednesday, July 13, 2005
The convention, if and when it is adopted by member states, will enforce the jurisdiction and choice of courts to which the contracting international businesses have agreed. The 13-page document is narrower and shorter than expected, some attendees told BNA. Nonetheless, its application is broad. Despite lobbying by Internet service providers to exclude clickwraps and other non-negotiated contracts (10 ECLR 501 , 5/18/05), those efforts did not prevail. Ultimately, the software and insurance industries got what they wanted: the inclusion of clickwrap contracts in the convention.
Will Individuals Be Covered When They Click? The largest exclusion was consumers. A consumer in the convention is defined as "a natural person acting primarily for personal, family or household purposes." But some worry that this definition could leave out a whole range of people who might not consider themselves a "business" and who might be caught off guard by the convention's rules, such as a teacher who downloads a program.
Others worry that the convention's inclusion of clickwrap agreements will make it harder to contest seemingly unfair demands to litigate in a far away forum.
"If a lot of your business is done through contracting, and you're concerned about the inherent difficulty in litigating pursuant to clickwrap, this convention won't give you much comfort," said Miriam M. Nisbet, legislative counsel for the American Library Association, and a delegate to the convention. "This convention will make it more difficult for you to argue that it's not fair for you to be in a particular court."