[AusNOG] Law Enforcement requests for data

Simon Lyall simon at darkmere.gen.nz
Sat Jan 15 15:10:40 EST 2011


On Sat, 15 Jan 2011, Nick Brown wrote:
> 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).

Seriously but the policy I always operated was that we said to our 
customers:

    "We will not hand over you data unless legally compeled to"

Which in affect mean't that when a "country cop" [1] rang us up and asked 
for some information we (a) told him to get a warrent and (b) told him 
*exactly* what he needed to ask for *and* if it was worth asking for it. 
9/10 he was back the next day with the warrent worded exactly how we 
wanted and everybody was happy [2].

Personally I'd be a bit dubious with dealing with a company that handed 
over my information to every cop, spook, riaa lawyer, marketer or whatever 
who casually asked for it.

[1] eg not ones of the groups that normally handled these requests.

[2] Well except for the guy whose info we just handed over I guess.

-- 
Simon Lyall  |  Very Busy  |  Web: http://www.darkmere.gen.nz/
"To stay awake all night adds a day to your life" - Stilgar | eMT.




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