[AusNOG] Interception Questions

Bob Purdon Bob.Purdon at staff.pipenetworks.com
Sat Jul 22 09:39:20 EST 2006

Again, IANAL, but quoting from OzNetLaw (which claims to be sponsored by
Clayton Utz, Gilbert & Tobin, and the Attorney General's Department, and
being on the internet, must be right :-) ):

"Provided the federal Attorney-General does not require a carrier or
carriage service provider (including an IAP) to provide "interception
capabilities" or "special assistance capabilities" pursuant to a
ministerial determination, the IAP is simply obligated to ensure its
network or facilities will enable a communication passing over it to be
intercepted in accordance with a warrant issued under the
Telecommunications (Interception) Act 1979 (Cth) (18)."

To me, that suggests you only need to provide the capacity for a LEA to
jack in, unless there's been a ministerial determination that you must
intercept & store.

Reading section 320, paragraph 2 of the Telecommunications Act also
defines "interception capability" as "In this Part, interception
capability, in relation to a carriage service that involves, or will
involve, the use of a controlled network or controlled facility, means
the capability of the network or facility to enable a communication
passing over it to be intercepted."

To me that suggests you only need to provide for a LEA to jack in.  It
doesn't say you have to do the interception, just that you have to have
the ability to allow a communication to be intercepted.

Again, IANAL, and if this really matters then you should seek
professional advice rather than relying on opinions here :-)

> -----Original Message-----
> From: ausnog-bounces at ausnog.net 
> [mailto:ausnog-bounces at ausnog.net] On Behalf Of Skeeve Stevens
> Sent: Saturday, 22 July 2006 8:28 AM
> To: Bob Purdon
> Cc: ausnog at ausnog.net
> Subject: RE: [AusNOG] Interception Questions
> Unfortunately not.  In this country they have a hands-off 
> approach.  They serve the warrant, and the technical person 
> nominated on the ICP does the actual collection and arranges delivery.
> ...Skeeve 
> -----Original Message-----
> From: Bob Purdon [mailto:Bob.Purdon at staff.pipenetworks.com]
> Sent: Saturday, 22 July 2006 7:48 AM
> To: skeeve at skeeve.org
> Cc: ausnog at ausnog.net
> Subject: RE: [AusNOG] Interception Questions
> IANAL, and I've not been directly involved in any of this, 
> but it was my
> understanding that compliance merely meant you had to present 
> the data for
> collection - ie, you provide a mirror port and it's up to the LEA to
> actually collect the data from there.
> I'm sure someone here would have a more definitive answer though.
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