[AusNOG] Law Enforcement requests for data

[Noel Butler]

On Sat, 2011-01-15 at 13:30 +1100, Nick Brown 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).
> 


For Police and ATO, no court orders are needed, the requirement is
satisfied if made as a request under section 262 (bugger... is it 263?
not had to deal with one for a few years) and it should by signed by an
inspector (or above). 

You are then required to furnish what they ask for, and return it to
them in the format they ask for, basic details on a customer is usually
email or fax, but live data usually hard disk  (and you are entitled to
reimbursement for the cost of the hard disk as well). 


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