Australian Technology and IP Business

Identity 2.0: how do we prove that we are who we say we are?

In an amazing synchronised presentation at OSCON 2005 (in a style attributed to Lessig) Dick Hardt spoke about digital identity.

In this 15 minute video Hardt speaks about authenticating and managing real-world identities online.

Download it even if it is just to see the presentation style and an effective use of Powerpoint.

For a discussion of the legal issues relating to on-line identities, read Kim Cameron's The Laws of Identity.

Spyware guide

The Minister for Communications, Information Technology and the Arts, Senator Helen Coonan has  launched Taking care of spyware to assist Australians to protect themselves against internet spyware.

The guide tells consumers how to detect and remove, and protect their computers from, spyware.

Pharming and Phishing

Pharming and phishing are 21st century cyber crimes.

The Phishing Guide (pdf) covers the technologies and security flaws Phishers exploit to conduct their attacks, and provides detailed vendor-neutral advice on what organisations can do to prevent future attacks.

The Pharming Guide (pdf) examines how your online identity can be stolen for financial gain.

Via BeSpacific

Unauthorised Photographs on the Internet and Ancillary Privacy Issues

The Standing Committee of Australian Attorneys-General has issued a Discussion Paper on Unauthorised Photographs on the Internet and Ancillary Privacy Issues. (pdf)

At a meeting of the Standing Committee of Attorneys-General (SCAG) in August 2005, Ministers agreed that all State and Territory officers would work in consultation to develop options for reform to address the issue of unauthorised publication of photographs being made available on websites.

The issue of unauthorised photographs on the Internet was highlighted recently when a number of unauthorised photographs of children were posted on voyeuristic websites.

Submissions are due by 14 October 2005.

e-commerce price obligations: website pricing errors

There seemed to be bit of hysteria this week when The Age reported on an online pricing error by Dell:

"Dell's website inadvertently advertised 250Gb hard drives for $A8.80 - almost $A600 less than their usual price.

News of the blunder quickly spread on Australian internet forums, with hundreds of customers attempting to order the hard drives. One claimed to have ordered 50.

By Tuesday, Dell had removed the hard drive from sale. Spokesman Paul McKeon said the $A8.80 price was a "clerical error", and affected customers could either have their money refunded in full or pay the difference.

Many customers refused the offer when contacted by Dell, believing the debiting of their credit cards constituted a contract. This was backed up by the NSW Office of Fair Trading, which said Dell had a legal obligation to provide the hard drives at the agreed price ($A8.80)."

Whether there was a contract to sell at the advertised price depends on whether there was an offer by Dell or an invitation to treat whereby the offer is by the customer and subject to acceptance by the seller.

Dell's website terms and conditions clearly state:

"No Contract shall come into existence until the Customer's order has been accepted by Dell and such acceptance has been received by the customer. The contract shall deemed to be concluded at the time and place where such acceptance is received by the Customer."

Whether that term has been brought to its customers' attention is another issue however.

To protect themselves against pricing errors ecommerce providers should incorporate the following steps into their sales process:

• Make sure the terms and conditions include provisions such as:

"While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund."

"Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it ."

• include an acknowledgement of the terms on the order page
• When the payment is complete, send an email to the customer saying "Thank you for your order". Include an order number and state: "This email is only an acknowledgement of receipt of your order which is being processed."

This gives the seller a chance to spot pricing errors and cancel the order if the buyer won't pay the correct price.

Technology Disaster Recovery

Dennis Kennedy has made available his notes on technology disaster recovery (pdf). Essential reading.

Kazaa music sharing decision

The judgment in Universal Music Australia Pty Ltd v Sharman License Holdings Ltd [2005] FCA 1242 is available here.

Read Professor Kim Weatherall's initial analysis.

UPDATE: Kazaa plans to appeal

Formulating a strategy for capitalizing on nanotechnology

Industry Week's article From Confusion To Action gives 2 case studies of companies successfully commercially using nanotechnology.