On Sat, May 29, 2010 at 8:53 PM, Bevan Slattery <span dir="ltr"><<a href="mailto:Bevan.Slattery@staff.pipenetworks.com">Bevan.Slattery@staff.pipenetworks.com</a>></span> wrote:<br><div class="gmail_quote"><blockquote class="gmail_quote" style="margin: 0pt 0pt 0pt 0.8ex; border-left: 1px solid rgb(204, 204, 204); padding-left: 1ex;">
Section 7 of the TIA Act states:<br>
<br>
(1) A person shall not:<br>
(a) intercept;<br>
(b) authorize, suffer or permit another person to intercept; or<br>
(c) do any act or thing that will enable him or her or another<br>
person to intercept;<br>
a communication passing over a telecommunications system.<br></blockquote><div><br>Perhaps a few definitions are in order...<br><br>From <a href="http://www.austlii.edu.au/au/legis/cth/consol_act/taaa1979410/s7.html">http://www.austlii.edu.au/au/legis/cth/consol_act/taaa1979410/s7.html</a> :<br>
<br><i>"telecommunications system" means:<br><br> (a) a telecommunications network that is within Australia; or<br><br> (b) a telecommunications network that is partly within Australia, but only to the extent that the network is within Australia; </i><br>
<br>and in turn :<br><br><i>"telecommunications network" means a system, or series of systems, for carrying communications by means of guided or unguided electromagnetic energy or both, but does not include a system, or series of systems, for carrying communications solely by means of radiocommunication. </i><br>
<br><br>Now IANAL, however it would seem to me that based on those definitions the "interception" of SSID and Wifi MAC addresses would NOT be covered by that act, as these are part of a system "for carrying communications solely by means of radiocommunication".<br>
<br>Data is a little different, as in that context it's possible (probable?) that the "series of systems" part comes into play as the data would be expected to cross not just the Wifi "system", but also the greater non-radio Internet.<br>
<br> Scott.<br></div></div><br>