[AusNOG] Google creepier than Conroy?

[Scott Howard]

On Sat, May 29, 2010 at 8:53 PM, Bevan Slattery <
Bevan.Slattery at staff.pipenetworks.com> wrote:

> Section 7 of the TIA Act states:
>
>    (1) A person shall not:
>        (a) intercept;
>        (b) authorize, suffer or permit another person to intercept; or
>        (c) do any act or thing that will enable him or her or another
> person to intercept;
>        a communication passing over a telecommunications system.
>

Perhaps a few definitions are in order...

>From http://www.austlii.edu.au/au/legis/cth/consol_act/taaa1979410/s7.html :

*"telecommunications system" means:

                     (a)  a telecommunications network that is within
Australia; or

                     (b)  a telecommunications network that is partly within
Australia, but only to the extent that the network is within Australia; *

and in turn :

*"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. *


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".

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.

  Scott.
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