Today the Hon Dan Tehan launched the Australian Cyber Security Centre’s (ACSC) 2017 Threat Report at the National Press Club. Threat reports are now quite common throughout developed economies by both governments and specialist security companies.  The results are in line with other overseas reports both in terms of increasing attacks, greater sophistication and ransomware becoming a particularly challenging problem.

In his speech Tehan highlighted an example of a contractor in the security industry suffering a data breach in November 2016.  That has resulted in Read the rest of this entry »

The Attorney General today announced that it will introduce into Parliament a bill to give powers to the Minister to issue directions to mitigate national security risks.  Clearly this relates to the ongoing and increasing threat posed by cyber attacks.  It has released an exposure draft bill for comment until 10 November.

Some notable provisions of the Bill Read the rest of this entry »

It was always on the cards that Bauer Media would appeal its loss in Wilson v Bauer Media Pty Ltd [2017] VSC 521. And today Bauer Media announced that it was appealing the quantum of the damages.  Just inside Read the rest of this entry »

In Johnston v Holland (No 2) [2017] VSC 597 Dixon J heard and upheld an appeal from a decision of Associate Justice Derham in Johnston v Holland [2017] VSC 448.

FACTS

The plaintiff, Johnson,  appealed the judgment of Associate Justice Derham refusing an application brought under s 23B of the Limitation of Actions Act 1958 (Vic) (‘the Act’):

1. to extend the limitation period;
2. to permit him to join Wayne Murray as a second defendant to a proceeding; and
3. to amend his statement of claim.

Johnson is the principal of The Peninsula School in Mount Eliza, Victoria and the defendant, Holland, is a former director of marketing at the School and a parent of students or former students who attended the school [2].

Johnson is suing for damages for defamation arising from:

• a series of ‘tweets’ (to approximately 26 followers) and
• an email (to at least 30 recipients) published on 2 April 2015 to the staff, parents and students of the School.

Johnson proposed to Read the rest of this entry »

The Australian newspaper has long had a set against increased privacy protections.  Its reaction, usually through its commentators, to any proposal that the Federal Government legislate a statutory right to privacy borders on paranoia.   To be fair, its opposition has been consistent, longstanding and been open.  See for example my post in 2012 about Ainslee Van Onselen’s criticism of the Rudd Government’s consideration of a statutory right to privacy in 2012.  It was very much a henny penny “sky – is – falling – sort – of -piece” that is a sub specialty of the Australian on its topics of hate.

It is then more than a little surprising that  Peter Van Onselen (definitely relation of Ainslee, as in spouse) writes a shock horror piece in today’s Australian about political parties being able to use our data without any oversight or regulation in We have no say over what political parties can do with information collected about us in today’s Australian.  The exclusion of political parties (and the media) from the Privacy Act 1988 has been there since Read the rest of this entry »

For those interested in practical privacy and compliance with data security standards the various guides published by the National Institute of Standards and Technology (the “NIST”) are particularly useful.  The Australian Privacy Principles are written in the general and the Commissioner’s guidelines are quite anodyne.  The NIST guidelines are best practice.

The latest publication by the NIST, Application Container Security Guide, deals with Read the rest of this entry »

It doesn’t get much more embarrassing than this.  The US Securities and Exchange Commission (“the SEC”), that branch of the US Government charged with regulating the financial sector and taking action against those who breach the rules has been hacked.  Not last week, or last month, but last year.  This is the body that puts the cuffs on insiders and puts them through a perp walk to court.  Here the breach likely resulted in “illicit gain through trading.”  Insider trading of a different specie.

The source of the breach was Read the rest of this entry »

Properly determining the interest component in an award is an important calculation.  And one that is done poorly more often than Read the rest of this entry »

The National Institute of Standards and Technology (“NIST”) produces very useful, if somewhat technical, reports, on cyber security.  They are invaluable resources for those interested in the technical side of data security and privacy.  NIST yesterday published two very useful reports:

1. NISTIR 8192, Enhancing Resilience of the Internet and Communications Ecosystem, and
2. NISTIR 8183, Cybersecurity Framework Manufacturing Profile

The NIST has also published for comment a publication on Trustworthy Email.  Very topical and highly useful.  At 120 pages it is not a breezy read.

Associate Justice Randall in Re Convector Grain Pty Ltd (In Liquidation) [2017] VSC 473 rejected an application for an extension of time on the service of originating process. In doing so his Honour undertook a very comprehensive review of the interaction of the Civil Procedure Rules with the Corporations Rules and section 1322 of the Corporations Act.

FACTS

The second and third plaintiffs, liquidators of the first plaintiff (‘Convector Grain’), sought relief under s 588FF(1) of the Corporations Act 2001 (Cth) (‘the Act’) that a preference in the sum of $337,928.27 be repaid to Convector Grain [1].

The liquidators were appointed as voluntary administrators in place of those originally appointed on 5 September 2013. By resolution made on 10 February 2014 they became liquidators of Convector Grain [14].

This proceeding is Read the rest of this entry »