[AusNOG] Google creepier than Conroy?
Matthew Moyle-Croft
mmc at internode.com.au
Sun May 30 14:53:18 EST 2010
On 30/05/2010, at 2:10 PM, <craig at askings.com.au> wrote:
>
> if it is attatched to the PSTN or a dsl service then it is still counts as
> being part of a telecomuncations system.
My TV is connected to an ethernet switch in a DSL modem. Is that part of the telecommunications system as well?
MMC
>
> Craig
>
>> 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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