Tag: law

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Talking Google’s defamation loss on ABC 702 Sydney

A Melbourne man’s successful defamation suit against Google has been one of the big “technology” news stories this week. I wrote about it for Crikey yesterday, and spoke about it on the radio.

The Crikey piece, “Google defames us all, but should we sue?”, is currently behind their paywall, though you can sign up for a 21-day free trial. It will emerge from the paywall in two weeks.

In it I argue that we may need a new legal category for online conversations, something that’s obviously not private but also not as formal as “publication”. I’ll come back to that theme once you can all see the story for free, you cheapskates.

Yesterday afternoon I briefly outlined the case to Richard Glover on ABC 702 Sydney. And here’s the audio.

Podcast: Play in new window | Download (2.4MB)

The audio is of course ©2012 Australian Broadcasting Corporation, but as usual I’m posting it here as an archive.

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Talking data retention (again) on Balls Radio

My regular spot on Phil Dobbie’s Balls Radio this week was a conversation (yes, another one) about the Australian government’s data retention proposals.

Here’s the audio of my segment. As you’ll hear, it’s much the same argument as in my last post about the Patch Monday podcast, with random asides about the meaning of misogyny and what should be done with real estate agents.

Yes, there’s a few audio dropouts. Welcome to the joys of using Skype over Telstra Next G mobile broadband while 1.5 kilometres into the eucalypt scrubland.

Podcast: Play in new window | Download (Duration: 14:38 — 6.4MB)

If you’d like more Balls Radio, have a listen to the full episode. You can subscribe over at the website.

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Insulted, ASIO? That’s not really the problem, surely?

There aren’t many places in the world where you can openly accuse the nation’s top police and intelligence agencies of having an attitude problem, as I did on Monday, without being visited by the men in the van with the canvas sack. Which is a good thing.

In this week’s Patch Monday podcast, embedded immediately below for your convenience and CBS Interactive’s traffic logging, I departed from the usual format to present a personal opinion.

Data retention for law enforcement is one of the most important political issues relating to our use of the internet now and as far into the future as we care to imagine, I said, and it’s being mishandled.

The Australian government’s current one-page working definition (PDF) of what constitutes communications metadata (which can be requested by law enforcement agencies without a warrant) as opposed to communications content (which generally does require a warrant) is, to anyone with a technical understanding of how the internet actually works and is evolving, virtual gibberish.

“Dangerously immature” is how I described it.

I also raised three points where I think the version of reality being promoted by the Australian Federal Police (AFP) and the Australian Security and Intelligence Organisation (ASIO) is wrong.

  • This is a push for more power. We conduct so much more of our lives online than we ever did on the phone, and that means the balance of power is changing. We need to have a conversation about this.
  • The AFP says quite specifically that they’re not after our web browsing activity, but I don’t see how the working document supports that argument. And other agencies, including the Australian Securities and Investment Commission (ASIC), are after that stuff.
  • ASIO and the AFP constantly talk about the powers being needed to catch the terrorists and pedophiles. But the law will probably be modelled on the current law for the phone, which provides access to communication metadata to many other agencies with far less stringent accountability rules for many other, far less serious, crimes.

Please have a listen and tell me what you think.

Podcast: Play in new window | Download (21.5MB)

The podcast stands on its own, but I want to emphasise the thing that still disturbs me…

Continue reading “Insulted, ASIO? That’s not really the problem, surely?”

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Talking Optus TV Now on Balls Radio

Last week the High Court of Australia denied Optus leave to appeal the Optus TV Now decision, which means their “video recorder in the cloud” service isn’t legal — and that was the topic for my spot on Phil Dobbie’s Balls Radio this week.

The conversation bounced off the analysis I’d written the day before for Technology Spectator, TV Now’s cloud complications.

As usual, the conversation wandered to other matters as well, such as the early broadcast radio industry selling receivers that could only receive one station.

Here’s the audio of my segment. If you’d like more, Mr Dobbie has posted the full episode.

Podcast: Play in new window | Download (Duration: 16:54 — 6.5MB)

You can hear us talk live every Tuesday night from 7pm AEST on Sydney’s FM 99.3 Northside Radio.

I’m fairly sure that copyright remains with Mr Dobbie rather than being transferred to Northside Radio, but I’ll figure that out later.

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Talking internet bullying (again) on Balls Radio, FM 99.3

The online bullying of TV presenter Charlotte Dawson and the subsequent calls for an end to online anonymity was the topic for my spot on Phil Dobbie’s Balls Radio last night.

And as usual, the conversation wandered to other matters as well.

Here’s the audio of my segment. If you’d like more, Mr Dobbie has posted the full episode.

Podcast: Play in new window | Download (Duration: 19:25 — 8.4MB)

You can of course hear us talk live every Tuesday night from 7pm AEST on Sydney’s FM 99.3 Northside Radio.

I’m fairly sure that copyright remains with Mr Dobbie rather than being transferred to Northside Radio, but I’ll figure that out later.

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Talking Apple versus Samsung on 2SER’s “The Wire”

I ended up talking about Apple versus Samsung on Radio 2SER’s current affairs program The Wire as well, syndicated via community radio stations around Australia.

The journalist was Tawar Razaghi, and their website introduces the story like this:

Apple wants Samsung to take eight mobile models off the market after it won a landmark patent case against Samsung over the design of its mobile phones. Apple was awarded $1.5 billion in damages and now has the exclusive rights to pinch-and-zoom gestures on their touch-screen technologies.

Patent law is intended to reward innovation but with companies engaged in patent turf wars this case highlights how patents may inhibit innovation instead.

Podcast: Play in new window | Download (3.1MB)

The audio is ©2012 2SER-FM 107.3, and you can download a podcast of the entire episode once that section of their website is back up after the current maintenance work.