| One way for a reseller to gain an edge on competitors | | | | imposed on your customers under these laws is the |
| is to market the advantages associated with its | | | | obligation to notify employees of surveillance practices |
| products in a unique way. In the security channel, a | | | | at least 14 days prior to commencing surveillance |
| white paper marketing the legal and commercial | | | | activities. The new laws also set out specific |
| advantages of a security product presented in a | | | | procedures and practices associated with covert |
| compelling way may prove to be a successful method | | | | surveillance. Further, obligations are imposed in relation |
| of enticing a customer into purchasing your security | | | | to the retention of surveillance records and there are |
| solution. | | | | new obligations related to computer policies and other |
| Security is critical, there is no doubt about it. The | | | | documentation that employees need to be made |
| smallest breach or compromise can result in situations | | | | aware of. The new laws should not be taken lightly. |
| that can cripple business. Recently, the two big | | | | Breach of the new laws may attract significant |
| e-security stories have been the disruption to the | | | | penalties. In addition, if a company contravenes any |
| Russian Trading System (RTS) stock exchange | | | | provision of the new laws, all directors and |
| caused by a virus in early February and the extradition | | | | management of the company may also be held |
| proceedings currently underway in the UK against a | | | | accountable. |
| hacker who allegedly hacked into approximately 100 | | | | Another way of enticing your customers is to mention |
| Pentagon, NASA and other American military | | | | the legal consequences associated with breaching |
| networks. | | | | e-security. Hackers can be brought before courts |
| One area of e-security that a white paper could be | | | | under Australian computer crime laws for gaining |
| prepared on is surveillance. Many organisations are | | | | unauthorised access to computer systems. These |
| already aware of the vulnerabilities posed by internal | | | | laws may even see hackers thrown in jail. |
| staff and subcontractors using the organisation's | | | | Organisations who are serious about e-security should |
| corporate network and always-on internet access. In | | | | ensure they are covered by an insurance policy that |
| fact, most large organisations now track their | | | | extends to loss occasioned as a result of hacking or |
| employees' internet and email usage to ensure that | | | | breach of the organisation's e-security generally. |
| trade secrets are not being leaked to competitors via | | | | Customers should be reminded that breaches of |
| these means and that employees are not using | | | | electronic security measures can be just as disastrous |
| internet access for other unscrupulous purposes. | | | | as breaches of physical security measures. |
| In New South Wales, parliament recently passed new | | | | Disclaimer: This column is for general informational |
| workplace surveillance legislation that is now in effect. | | | | purposes only. It is not legal advice nor is it a substitute |
| Your customers should be made aware of these | | | | for legal advice. Readers should seek legal advice on |
| laws. The new laws regulate the use of computer, | | | | their own particular circumstances. |
| camera and tracking devices. The main obligation | | | | |