Nicholls Legal Publications and Whitepapers

Below are periodic publications and whitepapers issued by Nicholls Legal

Copyright: The Next Generation

Policy in relation to the protection of online copyright works is currently in a state of flux. This is largely because the advent of broadband (and projects such as the NBN) is a game changing development and policy-makers are still in “catch-up” mode.  Legislatures and courts in Australia and abroad have so far taken a fairly traditional approach to dealing with the protection of online copyright works. Some novel measures (such as the “three strikes” approach) have been touted, although it is yet to be seen what impact such measures will have, and indeed what counter-measures might be adopted by ever-exuberant copyright users.  Ultimately, however, it is expected that creative creators will continue to think outside the square to develop new business models – and that this group will manage to stay “ahead of the curve” when it comes to generating value (and new revenue streams) from their creative efforts.  Read and download the Paper

Privacy and the Cloud

The adequate protection of the privacy of personal and sensitive data has proved to be one of the key concerns that has emerged in the area of cloud computing.  Adequate protection of privacy intersects with many other issues affecting cloud computing, including data security, jurisdictional concerns and contractual issues.  With information privacy a growing international and domestic concern, the issues surrounding privacy in the cloud require close scrutiny by anyone seeking to enter the cloud, providers of cloud services, industry bodies and government.  Read and download the Whitepaper

Data Security in the Cloud

Inadequate data security leaves businesses open to significant damage and embarrassment.  Whilst data security is a key concern for any business when it considers the use of its IT resources, businesses that operate within, or are seeking to operate within, the cloud need to be particularly attuned to the increased risks and dilemmas that cloud computing poses for their data security.  One of the most obvious risks in switching from in-house IT services to the cloud lies in determining whether a cloud provider can ensure adequate protection of important and sensitive data and a business’s interests in that data.  A key area of concern for any customer seeking to enter the cloud is the fact that large cloud providers become an obvious and prominent target for hackers.  This whitepaper analyses some key issues regarding data security in the specific context of cloud computing services – analysing security risks through a case-study of a devastating data security breach at Melbourne web-hosting service Distribute.IT; and then examining current and potential future government and industry responses to some of these issues.  Read and download the Whitepaper

Transborder Data Flows and Jurisdictional Issues in the Cloud

Transborder data flows are a significant concern for those interested and involved in cyber-security and information privacy. The issue is given particular focus in the context of cloud computing, as it is often the case that information placed in the cloud will be transferred to or through, and stored in, offshore locations. A key new source of risk for users on cloud computing services is that associated with the storage of data and the execution of transactions in foreign jurisdictions. This whitepaper examines government and industry responses to cross-border data flows in the context of cloud computing, and examines the interesting case of the United States Patriot Act and its implications for businesses and other organisations operating or looking to operate “in the cloud”.  Read and download the Whitepaper