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

[Narelle]

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. My memory has this
sort of thing as exempt along the lines of carriers doing it for the
purpose of conducting their business, and it exempts third parties,
too. The intent is really for managing and forecasting traffic not
really to the extent that this is going, imho.

The act is on austlii folks - and I doubt there is precedent on this one.


Cheers


-- 


Narelle
narellec at gmail.com