[AusNOG] Dealing with ASIO

[Peter Adkins]

IANAL either, however, as far as I understand there are clauses built
into the telecommunications act of 1997 to allow LEAs to request
information with the correct authorization.

The requests will come from the LEA as a document sighted and signed
by the appropriate people to allow the disclosure of information.
Generally internet history requests will also have the appropriate
clauses from the telecommunications act on the cover page to cover
this disclosure.

The exact clause(s) can be found on the ACMA website (or
http://www.acma.gov.au/WEB/STANDARD/pc=PC_1777)


"Exceptions for disclosure

There are exceptions in Part 13 of the Telecommunications Act or
Chapter 4 of the Telecommunications (Interception and Access) Act 1979
(TIA Act) to the requirement not to disclose or use information or a
document and these are set out below.

The main exceptions to the prohibition on disclosure of customer
information include:

* where the disclosure is reasonably necessary for the enforcement of
the criminal law or a law imposing a pecuniary penalty, or the
protection of the public revenue (under the TIA Act);
* where the disclosure is made to Australian Security Intelligence
Organisation (ASIO) in connection with the performance of its
functions;
* where the disclosure is made to the Australian Communications and
Media Authority (ACMA) or ACCC to assist in carrying out their
functions and powers;
* where the disclosure is made to the Telecommunications Industry
Ombudsman to assist in the consideration of a complaint;
* where the disclosure is required or is otherwise authorised under a
warrant (under the TIA Act) or under law;
* where the disclosure or use of the information is reasonably
necessary to prevent or lessen a serious and imminent threat to the
life or health of a person;
* where the disclosure is for prescribed business needs of other
carriers or service providers;
* where the disclosure is made in the performance of a person’s duties
as an employee;
* where the disclosure is made as a witness under subpoena;
* where the disclosure is made to an authorised publisher for the
publication and maintenance of a public number directory;
* where the disclosure is made to an authorised researcher to
undertake research of a specific kind; and
* where the disclosure is made for maritime purposes, to preserve life
or locate a vessel at sea."

Roland Chan wrote:

IANAL, but if they don't have a warrant, then no dice.

On Tue, Dec 8, 2009 at 3:05 PM, Jason Sinclair
<Jason.Sinclair at staff.pipenetworks.com> wrote:
>
> Hi Ben,
>
> Pretty normal and as long as you document your verification checks (just to cover yourself) I would comply with their request. Just out of interest in what form did they ask you to provide this info? I am guessing this was not a request for interception but for account details or some such? Don’t answer that – but check with them how they want the info provided to them.
>
>
>
> Jas
>
>
>
> ________________________________
>
> From: ausnog-bounces at lists.ausnog.net [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of Ben Cornish
> Sent: Tuesday, 8 December 2009 11:57 AM
> To: ausnog at ausnog.net
> Subject: [AusNOG] Dealing with ASIO
>
>
>
> All,
>
>
>
> We recently had a request for information from an individual from ASIO requesting information for one of our clients.
>
> Upon receiving their request for information – the email address originated from a Bigpond email address.
>
>
>
> Thinking this is extremely weird - I called ASIO directly and confirmed that this individual works for them and confirmed the phone number. All appears to be ok. I also asked if its normal for email to come from a non asio/gov domain and apparently its normal.....
>
>
>
> Anyone see this ? Seems extremely odd.
>
>
>
> Ben Cornish
> National Network Manager
>
>
>
> Direct 07 3234 9302  Direct: 02 8235 3520
> Mobile 0417 617 204
> Email  benc at brennanit.com.au
> Web    www.brennanit.com.au
>
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