Legal Matters

It's unlikely that Infonomics will ever step into the field of offering legal advice.  But we do have concerns that the increasing penetration of IT into the core of business raises legal risk, if there is not proper consideration of the legal aspects of IT use in projects and operation.

Software Licensing

One matter of considerable importance is a subtle change in copyright legislation that has come about in conjunction with the US Free Trade Agreement.  Previously, a copyright breach was classified as a civil matter.  Suddenly, it's become a criminal matter.  That means, among other things, that using software without a proper license may leave individuals and organisations open to criminal proceedings.  The Business Software Association of Australia (BSAA) is waging a strong campaign for compliance, and has plenty of relevant information on its web site.

What's important for organisations is that they have the processes to ensure, and demonstrate, that they have the proper licenses for all software in use by the organisation.

Record Keeping

We've mentioned email elsewhere in this month's letter, and in past editions.  But the topic simply won't go away.  Emails are crucial business records, and organisations that don't retain them properly are at significant risk.  But, as CIO Magazine explains in "Juris E-Prudence" it's also possible to store too much information with an email.  This substantial article is a "must read" for all who are concerned that their organisation keeps proper legal records.

Workplace Surveillance

Use of technology to monitor what employees are doing in the workplace is coming under constant scrutiny, as the need to protect against inappropriate conduct butts up against the rights of individuals to privacy.  The debate does not limit itself to the use of security cameras - it includes email filtering and monitoring tools, and the overt and incidental use of tracking devices.  In "Call for National Workplace Surveillance Legislation", CIO Magazine explores an emerging move to common standards across Australia, which should give greater clarity to organisations regarding the appropriate controls for, and limits on the use of surveillance tools.

Digital Evidence - a New Milestone

Age journalist Nigel Carson wrote on October 25th about a precedent set in the Australian Federal Court.  In "Digital fingerprint cracks the case", Carson reports how Judge Murray Wilcox relied on "digital evidence from forensic computer specialists", when finding that Kazaa (a file sharing system) was illegally authorising copyright infringement.

Theft of emails

On October 28th, in "Bosses face court over hacking", The Australian reported on charges laid against two executives after allegedly stolen from a competitor's email system.  While perhaps the tip of an iceberg, this article opens up the question of just how easy it might be for sensitive information to be accessed inappropriately, and copied by people with unscrupulous intent.  How long do unused screens remain active while unattended?  What measures are used to control the use of ubiquitous finger-sized storage devices that can hold more data than most computers of just a few years ago?