[AusNOG] Meta Data Encryption

Paul Julian paul at oxygennetworks.com.au
Sun Mar 29 23:18:34 EST 2015


Hi James, an interesting bit of information.

The problem which arises in such an argument by these people is that the breach, or act of harm, might actually happen on the ISP's network, but then it happens on their up stream's network, and on their up stream's network, etc, etc, until it gets to the other end, so how on earth can they possibly expect to hold an ISP actually responsible for anything like this ?

I realise it's not your words but I fail to see how anybody could ever say that one ISP is responsible for anything like this, the Internet isn't even a thing, it's nothing tangible that anybody can own or control, it's just a mix of lots of networks that allow connectivity to other networks.

Regards
Paul

-----Original Message-----
From: AusNOG [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of James Andrewartha
Sent: Sunday, 29 March 2015 11:01 PM
To: Julian De Marchi
Cc: ausnog at lists.ausnog.net
Subject: Re: [AusNOG] Meta Data Encryption

On Fri, 27 Mar 2015, Julian De Marchi wrote:

> http://parlinfo.aph.gov.au/parlInfo/download/legislation/billsdgs/3733
> 407/upload_binary/3733407.pdf;fileType=application%2Fpdf#search=%22leg
> islation/billsdgs/3733407%22
> 
> There is this beauty on page 51 last paragraph is this:
> 
> " First 'as a number of service providers have acknowledged' the 
> telecommunications services offered enable' serious criminal activity 
> and threats to national security' and hence there' is an argument that 
> service providers should bear some of the cost of addressing these 
> external harms' that their services facilitate."
> 
> Which I find rather insulting.

You'll be insulted by BBC Worldwide Australia Pty Ltd too:

http://www.commsalliance.com.au/__data/assets/pdf_file/0019/48412/BBC-Worldwide.pdf

It is now generally accepted that an ISP "is an inevitable actor in any transmission of an infringement over the internet between one of its customers and a third party, since, in granting access to the network, it makes that transmission possible". It is therefore not controversial to characterise any costs that may be borne by ISPs in undertaking anti-piracy activities as "a cost of carrying on that business".

Perhaps we can start taxing private toll roads on the basis that they enable drug deals to happen and criminals to get to and from the scenes of their crimes.

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