[AusNOG] Dealing with ASIO

Matt Carter matt at iseek.com.au
Tue Dec 8 17:46:28 EST 2009


Unless I am mistaken, warrants aside, you can still get certified and uncertified requests which you need to action as appropriate.

Afaik, The key difference being  certified requests has a statement like "I the duly authorized officer do swear that this information is necessary for the enforcement of blah" and under the telecommunications interception act requires no judgment from you as per S282(3).  Ie; Action the request and return it. An uncertified requests the judgment is up to you to determine if you feel the requests is in fact necessary for the investigation. S282(1). Other agencies (eg ATO) are also entitled to make S282 requests under provision.

Refer to the "determination of requirements to which carriers and carriage service providers should refer in complying with this section of the act"

Telecommunications organisations and law enforcement
http://www.acma.gov.au/WEB/STANDARD/1001/pc=PC_581
Determination of Requirements-Certificates under subsections 282(3), (4) or (5)
http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/framelodgmentattachments/B6E1B7B1A85AFFE4CA256FF6000766BD
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