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ARTICLE · 19 JULY 2021

Telecommunications, Media And Technology (TMT) Law Update – Volume 41

Davies Collison Cave
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The carriage service providers subject to the order were Telstra, Optus, Vocus, TPG and Vodafone.

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Gordon Hughes
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Andrew Sutherland
Andrew Sutherland
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Judgements

Carriage service providers ordered to disable access by unidentified hacker

On 25 March 2021, the Federal Court of Australia made an order under section 115A of the Copyright Act 1968 requiring the respondent carriage service providers to take steps to disable access to online locations outside Australia: Gardner Industries Pty Ltd as trustee for the S M Gardner Family Trust v Telstra Corporation Limited [2021] FCA 294. Section 115A(1) provides that the owner of a copyright may apply for an injunction requiring a carriage service provider to disable access to an online location outside Australia which infringes, or has the primary purpose of infringing, copyright (whether or not in Australia). The applicant had become aware of its website had been interrogated, or "hacked", in 2018, and issued a "takedown notice" without result. One problem was that the identity of each target online location was hidden by a domain registrant. Greenwood J found that

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