Arnotts Technology Lawyers
Arnotts Technology Lawyers is a boutique law firm based in the Sydney CBD. We act for clients, big and small, all over Australia in the tech and telco space. We also act for a range of international clients who carry on business in Australia. We are corporate and commercial lawyers working at the intersection of law and information technology. We have significant experience drafting and negotiating software, telco and other hi-tech legal agreements and resolving complex IT disputes. Our clients include startups, small to medium enterprises, multi-national corporations and government.
Privacy Law — Arnotts Technology Lawyers. Technology And Software Disputes — Arnotts Technology Lawyers. Online Businesses Lawyers — Arnotts Technology Lawyers. Startup Lawyers Sydney — Arnotts Technology Lawyers. Regulatory Advice — Arnotts Technology Lawyers. Telecommunications Lawyers — Arnotts Technology Lawyers. Dispute — Arnotts Technology Lawyers. We are experienced technology dispute litigators.
We have helped clients resolve and manage both simple and highly complex technology disputes in court proceedings and in other circumstances. We have assisted clients resolve, among other matters, multimillion dollar shareholder and partnership disputes, disputes involving breaches of directors duties and misappropriation of confidential information, disagreements around the scope of technology projects and the performance of delivered software, and in resolving a vast array of technology distribution, supply and licensing disputes. Our technology lawyers have successfully acted for clients involved in disagreements about the ownership of intellectual property (including the ownership of copyright in software), confidential information disputes, company shareholder clients whose joint venture projects have fallen apart, and in seeking and obtaining orders from Local, District, Supreme and the Federal Courts.
Data Breach Response Team — Arnotts Technology Lawyers. Corporate Law — Arnotts Technology Lawyers. Commercial Law — Arnotts Technology Lawyers. Disputes — Arnotts Technology Lawyers. Contract Drafting Lawyers Australia — Arnotts Technology Lawyers. Should the law recognise inventions made by Artificial Intelligence? — Arnotts Technology Lawyers. Recent court rulings from Australia, the United States, the United Kingdom, and Europe, have held that Artificial Intelligence (AI) cannot be inventors within the current scope of the law.
Based on the legislation regarding intellectual property law, inventions and artificial intelligence have hit a ceiling. Patent legislation in its present state requires the inventor to be a human being, thus limiting inventions created by non-humans. Australia’s roadmap for the adoption of blockchain technology — Arnotts Technology Lawyers. In the aftermath of COVID-19, blockchain technology has proven itself as a worthwhile advantage for many industries in Australia.
With Australia facing recession and jobs declining, the Australian Government has indicated support to adopt blockchain technologies with its National Blockchain Roadmap. This roadmap is the first step in reinvigorating Australia’s economy by highlighting the potential use case for blockchain technology. Moreover, it will encourage Australia to become more aggressive in the wider market and further develop its international connections with trade partners such as Singapore, the United Kingdom, the Netherlands, China, and the United Arab Emirates. Presently, the Australian Government is moving to better understand blockchain by supporting and funding upcoming projects in both the public and private sector. However, the integration of new and disruptive technologies comes with major pitfalls and risks. For the full reading of the roadmap, see here. New Law to Allow Government to Take Control During National Cyberattacks — Arnotts Technology Lawyers.
The Australian Government has released an arguably rushed exposure draft to the Security Legislation Amendment (Critical Infrastructure) Bill in an attempt to take charge in situations of national cyberattacks.
This amendment is designed to alter the Security of Critical Infrastructure Act 2018 (Cth) by broadening the application of current legislation to, amongst other things, communications, data storage or processing, and space technology, as well as general infrastructure industries such as medical, financial, defence and education. In this sense, a greater level of security is to be imposed upon these “systems of national significance”, even permitting government intervention during incidents of significant cyberattacks. Many universities, companies and tech conglomerates have raised red flags over this proposed Bill, principally due to the scrutinising obligations that businesses will be forced to implement. APRA’s plan to fight cybercrime — Arnotts Technology Lawyers.
The Australian Prudential Regulation Authority (APRA) has launched a five-year cybersecurity strategy to protect financial institutions and related entities from cyber-attacks.
The APRA Cyber Security Strategy for 2020-24 is designed to create a safe regime throughout the financial industry, with a boost to individual accountability. This measure comes at a time where the safety of information is most fragile particularly where many employees work from home and/or hold confidential information on personal computers/devices. APRA executive board member Geoff Summerhayes has emphasised ‘it is only a matter of time before a major financial institution is hacked’ and, without proper countermeasures in place, this is bound to land a devastating blow on the financial industry. APRA has ordered financial institutions to engage in external and independent compliance audits to ensure boards and management remain accountable in situations of breach. For further reading, click here. Australian workplace surveilliance laws in the spotlight — Arnotts Technology Lawyers. Amongst the frenzy of Black Friday, leaked Amazon documents present a possible contravention of Australia’s surveillance laws.
Amazon’s Global Security Operations Centre recently revealed that the corporate giant utilises several global surveillance strategies to spy on its employees, particularly those involved in labour/warehouse work and union-organising activities. Google declares proposed media law as “unworkable” — Arnotts Technology Lawyers. Despite the final draft of the Australian Government’s News Media Bargaining Code being watered down, Google still holds a firm stance that the advocated law will be unworkable.
Principally, CEO of Google Australia Melanie Silva has expressed the view that the law poses a serious danger to the operation of Google’s search engine. If Google is to be required to pay for links to news websites in the search engine results that users see, it will ‘unravel the key principles of the open internet [that] people use every day’. Moreover, if such legislative principals are to be applied in Australia, it will undoubtedly invigorate international repercussions and likely restructure Google’s entire search engine. Additionally, if commercial arrangements between Google and news media companies fall through, the proposed negotiation model in the law will require an arbitration panel to make a binding decision. For further reading see here . 3 technology law changes predicted for Australia in 2021 — Arnotts Technology Lawyers. With an unpredictable 2020 coming to a close, it is necessary to take a look at how COVID-19 is predicted to transform legal and regulatory reform going into 2021 and the future. 1.
Reshaping Australian privacy legislation The Privacy Act 1988 (Cth) has come under heat this year due to its antiquated approach to current shifts in digital law. Several consumer groups have pushed for legislative upheaval, aiming to align the Privacy Act with modern practices that mitigate the exploitation of consumers. Similarly, changes in regulatory compliance and new revelations have showcased major pitfalls in the Privacy Act, with the ACCC’s Digital Platforms Inquiry identifying issues with the handling of sensitive data. 2.
Over the year, there have been a myriad of crackdowns on businesses and their operation in the digital sphere. 3. The plan to invigorate Australian media — Arnotts Technology Lawyers. In light of digital disruption due to COVID-19, the Australian Government has made a push to reform and modernise television regulation in Australia.
The newly developed Media Reform Green Paper is aimed at enforcing a ‘platform-neutral regulatory framework’ over Australian media to continue its vital operation in the Australian economy. Accordingly, the staged reform process laid out in the Paper is designed to: support the free-to-air television sector to move to a sustainable operating model, in both metropolitan and regional Australiareduce the regulatory imbalance between free-to-air television and internet-based competitorssecure a new funding source to support Australian news and Australian content; andsustain the continued delivery of news and other Australian content across different platforms that Australians view.
To achieve these goals, the plan proposes to: For a detailed reading see here. The Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020 — Arnotts Technology Lawyers. In an attempt to combat crime in the online sphere, the Australian Government is pushing to radically expand its law enforcement powers, which some argue, will come at the cost of peoples’ privacy and civil liberties.
The Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020 is designed to mitigate severe crimes such as terrorism. The Bill, if passed, will permit law enforcement officials to: use “network activity warrants” to digitally infiltrate individuals suspected of serious online offences;enforce a “convert power” to use a “data disruption warrant” and alter data during the course of an investigation, andconduct an “account takeover” by permitting law enforcement to seize someone’s online account without their permission or knowledge to obtain data on potential victims and crimes. Researchers and legal experts who have scrutinised this law say that one issue with this proposed reform is that it has bypassed any community consultation.
Google and Facebook respond to Parliamentary Committee family violence hearings — Arnotts Technology Lawyers. With open platforms like Google and Facebook, it should come as no surprise that sinister individuals utilise these digital sites as a vehicle for abuse. As it stands, Google and Facebook operate on end-to-end encryption, preventing access to data by anyone other than the sender and recipient.
This is designed to ensure privacy and is argued by the platforms as being in line with industry standards as well as being an adequate policy measure. However, when 23 out of 4363 data requests pose a serious risk to someone’s life, it begs the question of whether Google or Facebook have the authority to prevent access to such data. Accordingly, the Australian e-Safety Commissioner has contended that it is foolish to view privacy and security as mutually exclusive entities and has instructed a Parliamentary Committee to conduct a deep inquiry into ‘family, domestic and sexual violence’ connected to Google’s and Facebook’s platforms.
Epic Games and Apple Continue Legal Battle in Australian Courts — Arnotts Technology Lawyers. On 17 November 2020, Epic Games, creators of the widely popular game Fortnite, filed a lawsuit in the Federal Court of Australia to ‘end Apple’s anti-competitive restrictions on mobile device marketplaces.’ The background for the proceedings originated in the US and concern the forcible use of Apple’s in-app payment system on the App Store. Many may not know this but Apple charges a 30 per cent fee on all payments in the App Store, so to offer its consumers more choice and a cheaper price, Epic introduced a direct payment for Fortnite players. Naturally, Apple retaliated by placing restrictions on Fortnite, blocking updates of the game across all iOS platforms, and threatened to prevent Epic from creating any future software on any Apple devices unless they engaged in an agreement to maintain a monopoly over in-app Apple payments.
The message behind Epic Games is sound – protect consumers whilst maintaining an open platform where creators are free to do business. Review of the Mandatory Data Retention Regime — Arnotts Technology Lawyers. In late October 2020, the Parliamentary Joint Committee on Intelligence and Security completed its review of the mandatory data protection regime enshrined in the controversial Telecommunications (Interception and Access) Act 1979 (Cth) (Act).
The mandatory data protection regime is a legislative framework which requires carriers, carriage service providers and internet service providers to retain a defined set of telecommunications data. However, the regime’s effectiveness has been brought into question with the Committee identifying numerous loopholes that violate humanitarian standards and other issues. As the law currently stands, the legislation is inconsistent with mass data retention schemes in similar jurisdictions, with government agencies being able to keep extensive telecommunications data beyond what many consider to be necessary. Among the 22 recommendations by the Committee, key takeaways include: For further reading see ‘Review of the mandatory data retention regime’ Google’s Response to the News Media Bargaining Code — Arnotts Technology Lawyers.
The Australian Government’s upcoming News Media Bargaining Code has been flagged by Google as legislation that will drastically alter and negatively affect Google’s search engine and its related systems. This newly developed mandatory Code was brought about by the Australian Competition and Consumer Commission to address the imbalance of bargaining power between dominant digital platforms and traditional Australian news media sources.
Many news sources view Google as stealing their content or driving away consumers, but in reality, Google acts as medium that filters through news and links it to consumers. The issues that Google has with this proposed reform boils down to three points: 1) With this new legislation, news media sources will have the ability to manipulate Google’s algorithm to artificially inflate their rankings and unfairly alter the flow of online traffic at the cost of other websites, businesses, and channels. For further reading see ‘Open letter to Australians’ Pulling back the veil on cyberbullying and online abuse — Arnotts Technology Lawyers. Faceless terrorists consistently frequent platforms such as Facebook to proliferate online abuse. Google declares proposed media law as “unworkable” — Arnotts Technology Lawyers.
The European Union takes a proactive approach to regulating digital platforms — Arnotts Technology Lawyers. Technology And Software Disputes — Arnotts Technology Lawyers. Expert IT Contract Negotiation — Arnotts Technology Lawyers. When it comes to negotiating IT contracts, we have a wealth of experience acting for both suppliers of technology and customers. We regularly assists clients negotiate complex supply, distribution, reseller, joint-venture and other technology specific contracts. We can help you negotiate the best possible outcome because we understand the legal issues that matter most to you and because in many instances we have negotiated those issues many times before. Our clients who we negotiate agreements for include software developers, telecommunications carriers and many other technology focused supplier businesses. Master Services Agreements — Arnotts Technology Lawyers. IT Dispute & Contract Lawyers Sydney - Arnotts Technology Lawyers.
What Do You Do When A Data Breach Occurs? — Arnotts Technology Lawyers. In today’s digital age, it is often not a matter of “if” but “when” a data breach occurs. To avoid incurring severe penalties (and getting swept up with other loss such as reputational loss), organisations should ensure that its personnel are aware of the organisation’s ongoing obligations under the Privacy Act 1988 (Cth) (Privacy Act) and other applicable privacy laws and respond appropriately in accordance with the organisation’s data breach procedures. Organisations should also ensure that there is a strong privacy culture with appropriate resources deployed so that the organisation is prepared and ready when a data breach does occur. As privacy lawyers, our data breach response team is all too familiar with the panic and scramble that occurs with a data breach (whether suspected, potential or actual).
In this post, we set out some of the key data breach procedures and processes for your organisation. Keep Calm and Reach for Your Data Breach Response Plan Contain, Contain, Contain! New Law to Allow Government to Take Control During National Cyberattacks — Arnotts Technology Lawyers. Telcos: How Do You Interact With Your Customers? — Arnotts Technology Lawyers. In the ACMA Compliance priorities for 2020-2021, ACMA has provided that its first priority will be to target responsible approaches towards selling, credit assessment and consumer financial hardship. Reviewing the Privacy Act with a Digital Eye — Arnotts Technology Lawyers. Witnessing Of Your Legal Documents Amid Covid-19 Pandemic — Arnotts Technology Lawyers. In a move that will assist legal practitioners and clients as they work from home and to the extent possible, keep business as usual in these unprecedented times, some states have introduced regulations pursuant to section 17 of the Electronic Transactions Act 1919 (Cth) relating to witnessing and signing of agreements to reduce physical interaction and make life slightly easier for them in the midst of the COVID-19 global pandemic.
Section 17 enables states to introduce regulations to alter arrangements for: (a) the signature of documents (b) the witnessing of signatures, including requirements for certification of certain matters by witnesses and verification of identity; and (c) the attestation of documents. Ipso Facto Rights Thing of Past — Arnotts Technology Lawyers. Ultra-Millionaire tax proposed in the US — Telecommunications Lawyers - Arnotts Technology Lawyers. The Senator of Massachusetts, Elizabeth Warren, has proposed a radical Ultra-Millionaire Tax Act to levy the United States’ top income earners. Aligning the Privacy Act with modern practices — Telecommunications Lawyers - Arnotts Technology Lawyers.
The Financial Rights Legal Centre, Consumer Action Law Centre, and Financial Counselling Australia have banded together to challenge current privacy laws in Australia. These consumer groups provided a joint submission to the Attorney-General’s Department Privacy Act Review arguing that reform of the Privacy Act 1988 (Cth) (Act) is necessary to mitigate against the exploitation of consumers by big data businesses in the current digital age. Australia and Singapore set ambitious standards for the digital economy — Telecommunications Lawyers - Arnotts Technology Lawyers. 3 technology law changes predicted for Australia in 2021 — Telecommunications Lawyers - Arnotts Technology Lawyers.
Technology Contracts. How Cloud Management Services Have Changed The Business Environment? Quick and Easy Contract Drafting — Arnotts Technology Lawyers - Sydney IT Dispute and Contract Law Specialists (02) 8238 6989. Locked Down but not Locked Out. Australian Tech Contract Lawyer. Arnotts Technology Lawyers - Sydney IT Dispute and Contract Law Specialists (02) 8238 6989.