[AusNOG] Google creepier than Conroy?

[phil colbourn]

I have hoped to convey that there are two types of data collection:
systematic/intentional and casual/incidental.

I agree that if a WiFi access point is considered a telecommunications
system under the Act then intercepting any data that is for
another recipient is in breach of the Act.

What are your views on recording broadcasts and beacons? For it seems that
Google really just wanted beacons.

The Act also defines 'interception' as the act of listening to or recording
a communication:

For the purposes of this Act, but subject to this section,
interception of a communication passing over a
telecommunications system consists of listening to or recording, by
any means, such a communication in its passage over that
telecommunications system without the knowledge of the person
making the communication.


A 'communication' is


communication includes conversation and a message, and any part
of a conversation or message, whether:
 (a) in the form of:
 (i) speech, music or other sounds;
 (ii) data;
 (iii) text;
 (iv) visual images, whether or not animated; or
 (v) signals; or
 (b) in any other form or in any combination of forms.



And who/what is the intended recipient?

(1) For the purposes of this Act, the intended recipient of a
communication is:
 (a) if the communication is addressed to an individual (either in
the individual’s own capacity or in the capacity of an
employee or agent of another person)—the individual; or
 (b) if the communication is addressed to a person who is not an
individual—the person; or
 (c) if the communication is not addressed to a person—the
person who has, or whose employee or agent has, control
over the telecommunications service to which the
communication is sent.


It seems simple that email, VoIP, video conferencing is a form of
communication since there are two or more individuals or persons but more
complex for file transfers and interactions with a machine: is accessing a
web page a communication? Downloading a file? logging into an account?

One could also argue that an insecure WiFi communications is in
contravention of the act since S7.1c states, in part, that 'A person shall
not do any thing that will enable another person to intercept a
communication passing over a telecommunications system.'

Therefore, an insecure WiFi network enables another person to intercept a
communication.

I have heard that Germany are taking this view with proposed legislation.

Phil

On Sun, May 30, 2010 at 1:53 PM, Bevan Slattery <
Bevan.Slattery at staff.pipenetworks.com> wrote:

> Phil,
>
> > Borrowing from the Australian Privacy Foundation policy on
> > CCTV Surveillance, I think there is a big difference between
> > data collected in a systematic manner and data collected in a
> > casual manner which gives rise to privacy concerns that are
> > of a different nature and gravity from institutionalised uses.
>
> Sorry, but quoting CCTV surveillance privacy policy is about as relevant
> as quoting the "Blockbuster Video Return Policy".  It simply does not
> apply here.  Let me quote something more relevant for you:
> ________________________________________________________________
> Prohibition on Interception of Telecommunications
>
> 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.
>
> A person who contravenes subsection 7(1) is guilty of an offence
> punishable on conviction by imprisonment for a period not exceeding 2
> years (s105). Note, however, that limited exceptions to the s7(1)
> prohibition are specified in other subsections of s7. These include
> interception under an interception warrant.
> _______________________________________________________________
>
> [b]
>
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