[AusNOG] Telstra's Texan Teaser - Tin Foil Stetsun anyone?

[Matt Perkins]

Nice to see they are taking it seriously inside.

http://sl.farmonline.com.au/news/metro/national/general/customer-privacy-is-not-negotiable-telstra-boss-admits-leaking-customer-data/2612606.aspx


On 30/06/12 11:39 AM, Geoff Huston wrote:
> On 28/06/2012, at 12:02 PM, Narelle wrote:
>
>> On Thu, Jun 28, 2012 at 3:03 AM, Paul Brooks
>> <pbrooks-ausnog at layer10.com.au> wrote:
>>> On 27/06/2012 1:36 PM, Mark Newton wrote:
>>>> But those same carriers seem to think nothing of not only disclosing
>>>> who everyone is communicating with, but in some cases even sending the
>>>> contents of the communications themselves (e.g., "GET http://foo HTTP/1.0" --
>>>> that's call content, not call metadata!)
>>> IANAL, but this may contravene the Telecommunications (Interception and access) Act
>>> 1979 - Sect 7 seems to apply.
>>>
>>> This communication has clearly been intercepted while passing over a
>>> telecommunications system, between handset device and webserver device. It has also
>>> been recorded, stored, and sent to another person.
>>>
>>> A real lawyer aught to have a look at that.
>> IANAL either, but I did go briefly through the Telecommunications Act
>> and the Interception Act yesterday to no avail.
>
> IANAL but...
>
> Interception of telecommunications in the Commonwealth of Australia is
> governed by the Telecommunications (Interception and Access) Act 1979,
> as amended in June 2006.
>
> To quote the Explanatory Memorandum of the 2006 Act:
>
>      "In relation to both telecommunications interception and access to
>      stored communications, the Act makes clear that the general position
>      is that these activities are prohibited, except in certain clearly
>      defined situations. This reflects the primary focus of the Act which
>      is to protect the privacy of communications."
>      
> The terms "communication" and "telecommunications system" are defined in
> the Act as follows:
>
>      communication includes conversation and a message, and any part of a
>      conversation or message, whether:
>      (a) in the form of:
>          (i) speech, music or other sounds;
>          (ii) data;
>          (iii) text;
>          (iv) visual images, whether or not animated; or
>          (v) signals; or
>      (b) in any other form or in any combination of forms.
>
>      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
>          includes equipment, a line or other facility that is connected
>          to such a network and is within Australia.
>
> Section 7 of this 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.
>
> A person who contravenes this section is guilty of an offence punishable
> on conviction by imprisonment for a period not exceeding 2 years.
> Limited exceptions to this prohibition are specified in other
> subsections of s7. These include interception under an interception
> warrant.  Interception warrants may be issued for two purposes: national
> security and law enforcement. To the best of my knowledge neither case
> applies to the web stalking interception activites.
>
> Section 7 of the Act sets out a small number of exceptions to the
> general prohibition on interception. One exception relates to carriers
> and carrier employees:
>    
>      Exceptions applicable to carriers and carrier employees in relation
>      to duties involving the installation of lines and equipment or the
>      operation or maintenance of a telecommunications system.
>
> So in this case the exceptions do not appear to apply - so it would seem
> that there is case to be made that Telstra's actions constituted a breach
> of the terms of Section 7 of the Telecommunications (Interception and Access)
> Act.
>
> But will we see this taken further and see the carrier and the
> individuals involved prosecuted under the provisions of this Act?
>
> Geoff
>
>
>
>
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