[AusNOG] Hoax calls ?

[Jeremy Visser]

Thus spake Ben McGinnes:
> On 17/07/11 11:51 AM, Peter Tonoli wrote:
>> > I'm not a lawyer - or anywhere near that, however isn't that similar
>> > to what the complaints about the current Australian internet filter,
>> > that it may be illegal under the telecommunications interception
>> > act?
>
> Neither am I, but it might also breach section 477.3 of the
> Commonwealth Criminal Code Act 1995:

Which is:

> (1)  A person is guilty of an offence if:
>      (a)  the person causes any unauthorised impairment of electronic
>           communication to or from a computer; and
>      (b)  the person knows that the impairment is unauthorised; and
>      (c)  one or both of the following applies:
>           (i)  the electronic communication is sent to or from the
>                computer by means of a carriage service;
>           (ii)  the electronic communication is sent to or from a
>                 Commonwealth computer.
> Penalty:  10 years imprisonment.

So next time I send an e-mail to an Australian ISP and they mark it as
spam, I can have their sysadmin jailed for 10 years? After all, I didn’t
authorise them to mark it as spam.

In case you didn’t get my above point, I was pointing out the
discrepancy between authorising the customer and authorising the third
party. When a customer enters a contract, surely that constitutes
authorisation to take necessary measures to ensure quality of service?


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