Sandra Potter of the Victorian Society for Computers and the Law discusses the importance of the development of a common standard for electronic information within the legal profession. Sandra provides a useful overview of the topics covered at the Victorian Society for Computers and the Law/Australian Institute of Judicial Administration Conference

Glen Sauer discusses the hyperlinking patent case that is to be brought in a New York Federal Court in September 2002 and which is raising eyebrows in internet and legal circles worldwide. The case involves British Telecom (BT) asserting patent rights for the technology behind hyperlinking, a patent that BT claims it has had for the last 12 years, but which had been ‘missing in action.’ Glen outlines the history of the case and the preliminary finding by McMahon J, while providing a brief overview of US patent law. If BT is successful, the ramifications will obviously be hugely significant. The article also points to the broader concerns that this case raises for organisations regarding the importance of regularly reviewing their intellectual property rights.

Daniel Sullivan provides an outline of the criminal law related to stalking in various Australian jurisdictions and his explanation of key criminal law concepts is helpful for many of us who do not practise in that area. The article then comments on the phenomenon of cyberstalking and assesses the legislative responses to cyberstalking in Australian jurisdictions, in particular, in Queensland through the amendment of Chapter 33A of the Queensland Criminal Code.

Gordon Hughes provides an informative summary of recent developments in Australian government information technology supply contracts. Gordon sets out the history of the standard form contracts that largely govern IT supplies to Commonwealth and State government departments and a large number of government and semi-government agencies, beginning with the 1991 GITC Version 1. Gordon reviews the criticisms levelled at the earlier versions and the principles underlying later versions, before considering some of the key provisions in the latest, GITC Version 4, which has been adopted formally only by the Commonwealth but is being used informally elsewhere. He explains the role and interaction of the various documents that make up the framework and, finally, looks at some of the clauses that were most contentious during the drafting process and which are likely to attract debate during negotiations.

Carolyn Penfold provides the results of surveys conducted regarding the effects of the Broadcasting Services Amendment (Online Services) Act 1999 (Cth). The scheme introduced by the Act prompted a great deal of criticism in anticipation of the onerous responsibilities which it was seen to place on the internet industry. Carolyn has surveyed the industry’s perception of the scheme in operation and concludes that concerns raised regarding the legislation seem to have been allayed by the actual effects of the legislation and industry codes.

Daniel Sullivan has written an outstanding and very detailed piece on the debate in the European Union on data retention titled The EU data retention debate. Part One of the article considers the continuing campaign by law enforcement agencies and governments of the European Union to lay the groundwork for general, wide-scale data retention. Daniel analyses the existing regime of data protection in the EU, the EU Directive on data retention and whether it will infringe a fundamental right to privacy. Part Two of The EU data retention debate will be published in the September edition of the Journal. It will examine data protection regime proposed by European Law enforcement agencies as well as the competing arguments in favour of and against the regime of data retention. Daniel will be updating the paper before then so that Part Two reflects new developments.