[AusNOG] Google creepier than Conroy?

phil colbourn philcolbourn at gmail.com
Sun May 30 15:50:56 EST 2010


This is a tricky one: If I have an ADSL modem connected to a separate WiFi
AP and someone else has an ADSL router with in-built WiFi, then in one case
it is part of the comms system and the other is not. But functionally, they
are the same.

In 1979, an attached device was probably a phone or PABX or in rare cases a
300Baud modem.


On Sun, May 30, 2010 at 2:40 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.
>
> 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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> >
>
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-- 
Phil

http://philatwarrimoo.blogspot.com
http://code.google.com/p/snmp2xml

"Someone has solved it and uploaded it for free."

"If I have nothing to hide, you have no reason to look."

"Any sufficiently advanced technology is indistinguishable from magic."
Arthur C. Clarke - Who does magic today?
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