Cyber and Internet Law Disputes:

Internet law usually involves concepts relating to communication and property (particularly intellectual property). The advent of internet technology and the increasingly common utilisation of telecommunications devices by individuals and businesses alike will guarantee that cyberspace will become a place for greater disputation and therefore a source of more legal activity. Because the internet is being used both for private purposes as well as commercial and business activities, this increased rate of litigation will undoubtedly expand across both the civil and the commercial litigation areas.

Cyberspace law disputes, and complaints generally involving internet law can be varied in scope and litigation type. This is the natural consequence of the proliferation of this technology seemingly across all areas of conduct and behaviour. The result means that any party involved in a cyberlaw dispute or thinking of suing under any of the principles of internet law, must retain an internet solicitor who is familiar with a broad host of other relevant areas of legal practice. The internet lawyer who has been asked for cyberlaw legal advice must be able to readily identify other aspects to a dispute which may need to be considered before the client can be informed properly of his rights and liabilities.

Some of the areas in which a cyberspace law dispute may arise, or where the principles of internet law may need to be considered, are as follows:

• Civil Litigation and Disputes:
  • Harassment Law, Discrimination Law, Bullying Law, Defamation Law – these are general headings which are covered in more detail in our sections of the same title. More information can also be found in our section on Employment Law. Generally speaking, with the advent of social media platforms like Facebook or Myspace, users can become the victims of harassment, discrimination, bullying or be defamed online. The principles relating to these areas of law will naturally apply in the context of the internet.
  • Intellectual Property Law – domain names and trademarks can be very valuable to an individual as well as a business. Rights to these items of property are closely guarded but can sometimes be violated by unscrupulous third parties. In these situations, legal advice must be urgently obtained so that inaction is not construed as a waiver of some right. For more information, see Commercial Litigation and Dicputes below.
• Fraud Litigation and Disputes:
  • Fraud Law – the unauthorised use of information which is located on a telecommunications device can constitute an actionable case which can be pursued either by an individual or in some serious situations, by prosecution authorities (see Criminal Law below).
• Commercial Litigation and Disputes:
  • Intellectual Property Law – this is possibly one of the most complained about areas of online legal disputes. It involves claims and counter-claims relating to the unauthorised acquisition, use and manipulation of data which some other party claims is its property. The intellectual property may be the form of a code, algorithm, or a symbol, slogan, corporate or personal device of some sort, or even the system for accessing data such as the architectural framework for an online database or website. A domain name to a website can also be a highly valued commercial asset. Where an individual’s or business’s rights to its intellectual property are violated online, urgent action must be taken.
• Criminal Litigation:
  • Defamation Law – criminal defamation can occur in very serious cases of defamation.
  • Fraud Law – the use of information such as credit card numbers or access codes to confidential data can be the subject of prosecution for fraud or theft related offences. These involve the interpretation of statute in both the state and commonwealth jurisdictions. For more detailed information, visitors are encouraged to view our Cyberlaw practice area section.

The overlap and complexity of some cases means that a solicitor practicing in the cyberlaw or internet law areas will need to access or make use of legal resources form a broader cross-section of practice areas. Internet legal advice will need to be obtained from a lawyer working in the cyberlaw field of legal disputes who has also have active involvement in both civil litigation and commercial litigation matters. This will ensure that principles relating to these areas, which may well be highly relevant to a dispute litigated in the context of cyberspace.

The storage of data on computers, the use of electronic information, domain names, access codes, pin numbers, financial information, medical data, accounting details, disputes concerning these things are highly sensitive and need to be dealt with discreetly, promptly and efficiently by a litigator who understands the principles at work and the options or alternatives that may be available to resolve a matter.

If you require assistance with a cyberlaw litigation matter or internet law dispute, you may wish to contact our firm by telephone on (02) 9233 4048 or email at info@navado.com.au and make an appointment to speak with one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.