[AusNOG] Law Enforcement requests for data

[Bradley Falzon]

Mark is right but just to take this a little further off topic, once
you do speak to your lawyer and if you do respond to the request, make
sure you send the response back to a lawful agency.

For example, let's say you received the request via fax and they are
asking you to respond via fax or mail and it contains NSW Police
letter head, call the NSW Police Department on their publicly listed
switch board and ask for the officer who sent the request. Verify they
did send the request, and the return address / number and then reply.
If they sent in a request via fax, you don't want to be the victim of
an investigative journalist* checking how many CSP's blindly give our
customer information whenever asked. Once you have checked the
recipient address once, don't really need to again.

Just a thought.

* Or terrorist.

On Sat, Jan 15, 2011 at 1:48 PM, Mark Smith
<nanog at 85d5b20a518b8f6864949bd940457dc124746ddc.nosense.org> wrote:
> Likely to be off-topic for this list, as your topic isn't operational.
> See your lawyer - any commentary you receive here is likely to be
> unqualified opinion, and would certainly be something you shouldn't rely
> on when it comes to your legal roles and responsibilities for something
> like LI.
>
> On Sat, 15 Jan 2011 13:30:02 +1100
> Nick Brown <nick at inticon.net.au> wrote:
>
>> Afternoon all,
>>
>> While this is likely better suited for our solicitor I'd very much
>> appreciate any input from the industry or from those who have had
>> requests in regards to capture of data for a specific customer from
>> Police or similar.
>>
>> It is my understanding that under the Telecommunications Act any such
>> request must be accompanied with a warrant, however the Surveillance
>> Devices Act suggests that perhaps this can be overcome should permission
>> be granted (Our AUP implies explicit permission is granted for us to
>> comply with any request from a law enforcement agency).
>>
>> Thanks in advance.
>>
>> Cheers
>> Nick.
>>
>> _______________________________________________
>> AusNOG mailing list
>> AusNOG at lists.ausnog.net
>> http://lists.ausnog.net/mailman/listinfo/ausnog
> _______________________________________________
> AusNOG mailing list
> AusNOG at lists.ausnog.net
> http://lists.ausnog.net/mailman/listinfo/ausnog
>



-- 
Bradley Falzon
brad at teambrad.net